Document 81XD29rOJXKvRnyon0Xax99o
FILE NAME: Phenolic Resins (PHR) DATE: 1993 Sept 27 DOC#: PHR064
DOCUMENT DESCRIPTION: Legal - Deposition of James Hammond with Barry Castleman Notes; from Exxon File
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JOSEPH L. HEBERT AND MARIE HEBERT
vs. No. 92-6203
HIGMAN BARGE LINES I N C ., ET AL
1
] 14 TH JUDICIAL DISTRICT ] ] ] PARISH OF CALCASIEU ] ] ] STATE OF LOUISIANA
VIDEOTAPE DEPOSITION OF
t 'A - : PROFESSOR JAMES HAMMOND
' V
Between the hou r&
50 a .m . and 1:50 p.m.
Septem&ST''2*7 ,"19 93
Marriott, Houston Intercontinental Airport
Houston, Texas
R E C E I V E D OCT 1 1993
Shawn Kelley, Texas CSR No. 3448 Nell McCallum & Associates Inc. 2900 Smith, Suite 104 Houston, Texas 77006 (713) 523-3767
nma
COPY
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
2 INDEX - SEE LAST PAGE OF TRANSCRIPT
APPEARANCES
For the Plaintiffs:
William B. Baggett Attorney at Law Baggett, McCall & Burgess P. 0. Drawer 7820 Lake Charles, Louisiana 70606
For the Defendants Amoco Oil Company, Et A 1 :
Kenneth R. Spears Attorney at Law Jones, Tete, Nolen, Hanchey, Swift & Spears P. 0. Box 910 Lake Charles, Louisiana 70602
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
3 For the Defendant Higman Barge Lines, Inc .:
Mark Freeman Attorney at Law Wells, Peyton, Beard, Greenberg, Hunt & Crawford P. 0. Box 3708 Beaumont, Texas 77704-3708
v s
For the Defendant Koch Industries:
Robert T. Myers Attorney at Law 1515 Energy Centre 1100 Poydras Street New Orleans, Louisiana
70163
Also present: Jeff McClain, Videographer
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
4
1
V I D E O G R A P H E R : On the record, it's 12
2 minutes before 10 o'clock, September 27, 1993,
3 92-6203, Joseph L. and Marie Hebert versus Higman
4 Barge Lines, Inc., et a l , 14th Judicial District
5 Court, Parish of Calcasieu, State of Louisiana.
6 We're here for the deposition of Professor James
7 Hammond. If the court reporter will swear in the
8 witness, we'll have counsel state their
H N
9 appearances and we'll begin with this deposition.
10
[The witness was sworn]
11
MR. BAGGETT: This is William B.
12 Baggett, and I represent the Plaintiffs Joseph
13 Hebert and his wife.
14
MR. FREEMAN: This is Mark Freeman, and
15 I represent Higman Barge Lines.
16
MR. SPEARS: This is Kenneth Spears, and
17 I represent all of the oil company defendants in
18 this case with the exception of Koch Industries.
19
MR. MYERS: And my name is Robert Myers.
20 I represent Koch Industries.
21
MR. BAGGETT: Ken, for the -- for the
22 record, I really think I need you to -- here's
23 a list of the companies that are involved in the 24 litigation, and I'd like for you to state for
25 the record -- here's some more of them -- your
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
5
1 appearances.
2
MR. SPEARS: All right. Again, this
3 is Ken Spears, and I'm listing the oil company-
4 defendants whom I represent in connection with
5 the Joseph Hebert case. First of all is Amoco
6 Oil Company; Atlantic Richfield Company; Oxy
7 Oil & Gas USA, Inc.; Canadian Oxy Offshore
8 Production Company; Coastal Corporation;
s
9 Crown Central Petroleum Corporation; Gulf Oil
10 Corporation; Koch Industries; Marathon Oil
11 Company; Mobil Corporation; Phillips Petroleum
12 Company; Shell Oil Company; Sun Oil Company;
13 Texaco, Inc.; Union Oil Company of California;
14 Conoco, Inc.; Monsanto Company; ARCO Chemical
15 Company; with the understanding that these names
16 may have changed since we filed the pleadings,
17 and I'm not verifying that these are -- these are
18 the correct names of these companies as they are
19 k n o w n .
20
MR. BAGGETT: Fine.
21
MR. SPEARS: Okay.
22
MR. BAGGETT: Thank you.
23
Gentlemen, is this deposition -- can we
2 4 agree that this deposition is being taken pursuant
25 to notice and that it's to be governed under the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC AL LUM & ASSOCIATES, INC.
6
1 rules of the Louisiana Code of Civil P r o c e d u r e ,
2 and can we stipulate that -- that in accordance
3 with those rules that all objections are reserve d 4 except those relative to the form of question or
5 the responsiveness of the answer?
6
MR. MYERS: That's agreed on behalf of
7 Koch.
8
MR. FREEMAN: That's fine.
s
9
MR. SPEARS: That's fine with me.
10
MR. BAGGETT: And I ask that a copy of
11 the notice of the deposition m arked Plaintiff l
12 for identification be attached and made a part
13 of the deposition.
14
15
16
PROFESSOR JAMES HAMMOND.
17 being first duly sworn or affirmed, testified as
18 follows :
19
20
EXAMINATION BY MR. BAGGETT
21
22
Q. Professor Hammond, state your full name,
23 please, sir.
24
A. James William Hammond, Sr.
25
Q. And where do you reside, sir?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
7
1
A. I live at -- in Houston, Texas, and
2 that's located 1010 Townplace.
3
Q. And what is your profession, sir?
4
A. I'm an industrial hygienist.
5
Q. Would you tell us, if you would, what is
6 an industrial hygienist?
7
A. An industrial hygienist is a scientist
8 that recognizes potential hazardous materials in
s
9 industry, and then he developed methods of
10 evaluating the degree of hazard and then designs
11 the control measures that may be required to
12 protect employees that are handling these
13 substances or materials.
14
Q. Would you tell the Court or jury how old
15 you are today, sir?
16
A. Well, I am over 80 years of age.
17
Q. All right, sir. And where were you born?
18
A. I was born in Winona, Mississippi.
19
Q. You're retired, are you not, sir?
20
A. I am retired, yes, sir.
21
Q. Did you ever teach?
22
A. Yes, I have taught for many years.
23 Beginning back with the university system, I was
24 teaching as early as 1936.
25
Q. And could you tell us some of the places
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCA L L U M & ASSOCIATES, INC.
8
1 where you taught?
2
A. Well, for the University of Tennessee and
3 University of South Carolina, Georgia Tech, and I
4 taught then at Baylor School of Medicine here in
5 Houston, I taught in Oklahoma at the University of
6 Oklahoma at Norman, and I taught at Wichita State
7 University.
8
Q. That's in Kansas?
9
A. T h a t 's in K a n s a s , yes, sir . And then I
10 retired and began teaching for nine years in the
11 Medical Center at the University of Texas in
12 Houston. And I retired from there in 1987, I
13 t h i n k .
14
Q. You retired from the University of Texas,
15 Medical Center teaching in 1987?
16
A. That was my memory, yes, sir.
17
Q. And that was preceded by nine years as
18 a teacher there?
19
A. Yes, because I retired from the Humble
20 Company in 1978.
21
Q. All right, sir. Now, if you would,
22 and I'm not going to make this long as I could,
23 because of your distinguished past, but if you
24 would, would you tell us something about your
25 education and training, Professor?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
9
1
A. Yes. Well, I have two degrees from
2 Mississippi State University. One of them's in
3 the field of physics and chemistry, the other
4 one's a chemical engineering degree. Then I have
5 a masters degree in biochemistry and toxicology
6 from L S U . Then I did graduate work at MIT and I
7 did graduate work at the University of South
8 Carolina, Rice University, University of Houston
s s
9 and probably one or two other universities that
10 I've forgotten the names, which ones.
11
Q. Well, did you do any -- did you have -
12 further your education at Harvard?
13
A. Yes, I did. I never registered as a
14 full-time student there, because I was working
15 an internship under the teachers of the Harvard
16 University, particularly I recall Harvey Elkins,
17 Dr. Elkins, and also Wesley Hemeon, and they both
18 taught at -- and also I took courses at -- in -- I
19 sat in courses that were taught by Phil Drinker,
20 among others.
21
Q. Phil Drinker, is he recognized in any
22 particular field as one of the leading experts?
23
A. Yes, he was -- really started degree
24 giving in the University of -- Harvard University
25 in the field of industrial hygiene, and he himself
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
10
1 was a chemical engineer. He's most noted, I
2 guess, worldwide because he developed the
3 artificial lung for polio victims. It was his
4 department that did it.
5
Q. Professor, after your education period,
6 when did you begin work?
7
A. Yes, I did -- I began work for the
8 chemical engineering department of the University
9 of Tennessee July the 1st, 1936.
10
Q . Okay. And what was the nature of that
11 work?
12
A. That work was associated with the toxic
13 gases and fumes that were being produced by the
14 Muscle Shoals operation under the Tennessee Valley
15 Authority in their electric furnace decomposition
16 of apatite, which is one of the forms of the
17 phosphates that was being converted into soluble
18 and edible materials, and they lost to the air
19 fluorine, particularly was the hazardous
20 materials, and I was working on a method of
21 capturing those materials as well as protecting
22 the employees in the plant, to remove it from the
23 air because it was -- it was harmful to vegetation
24 that came downwind from that plant. It would
25 cause --
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
11
1
Q. So your first employment commenced in
2 1936 and to -- would you, if you could, briefly,
3 and I know this is covered in your resume, which
4 I'm going to ask be attached to the deposition,
5 but would you carry us briefly through your
6 employment after you had worked - - went to the
7 University of Tennessee to work?
8
A. Yes, after being there five years I
9 accepted a commission in the United States Health
10 Department and went to the Institute of Health at
11 Bethesda, Maryland, and started in the Division of
12 Industrial Hygiene there under the public health
13 service activities and with -- associated with the
14 people that were working industrial hygiene there,
15 and then they shortly assigned me to the Division
16 of Occupational Diseases in the Department of
17 Labor for Massachusetts, where I spent 1941 and
18 1942, and that gave me an opportunity to work
19 for and with the teachers at Harvard, such as
20 Dr. Elkins and Hemeon and Drinker and so forth.
21
Q. Now, was that -- Harvard University in
22 the early 4 0 ' s, was that the seat of industrial
23 hygiene engineering and industrial hygiene
2 4 training in the United States?
25
A. Yes, it was recognized as one of the
SHAWN KELLEY, TEXAS CSR 3448 NELL M CCALLUM & ASSOCIATES, INC.
12
1 pioneers, if not the outstanding pioneering school
2 worldwide. It was the school that all of us had
3 ambition to attend if we wanted to make a career
4 in this field.
5
Q. Did you -- did you further your education
6 then under recognized experts such as Hatch and
7 Drinker?
8
A. I did. Hatch had already left there as a
9 professor at the time, but I had many associations
10 and contact with him, because he moved into the
11 army development of controlled conditions and
12 tanks and army equipment, and that's where he
13 spent the next four or five years during the
14 world war, but then later on I met him up again
15 when he began to teach at the University of
16 Pittsburgh and worked for the -- that school and
17 university as well as Malone School of Technology.
18
Q. Sir, how did you get into the petroleum
19 industry?
20
A. Well, I was the associate director of
21 industrial health in the state of Georgia in the
22 Department of Public Health there in Atlanta, and
23 I was called one day by a medical director of
24 Exxon, which was the n Humble Oil & Refining
25 Company, and asked - - and that was the last of
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
13
1 March of 1947, and he asked me to come over here,
2 Dr. Baird, and he was a member of the medical
3 advisory committee, and I came over in the first
4 part of April of 1947 and then accepted the
5 position that he offered me.
6
Q. And that was at -
7
A. Humble.
8
Q.
-- Humble Oil over he re in Houston where
' S-
9 you went to work as an industr ial hygienist and
10 sanitary engineer?
11
A. I did.
12
Q. I think that you have heretofore
13 furnished everybody with your curriculum vitae or
14 resume. And for the -- because it's customarily
15 done and because it will complete the record, I
16 ask that this be marked Plaintiff's Exhibit No. 2
17 for identification and attached to the deposition.
18
Sir, in this resume is there a list of -
19 list of all of the articles that you've written
20 over the years?
21
A. It's a list of almost all of them, but
22 there were some that are missing from that, and 23 sometimes they were like the lack of publication 24 publicly, but I had all of my publications with me 25 at the School of Public Health at the University
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
14 1 of Texas here, and I left them there after I
2 retired, because I had about 18 boxes of them and
3 I didn't have time to remove them. I went back a
4 few months later to get them and move them to my
5 home where my office was, and somebody had found
6 those and over the bookcase that I had them on and
7 taken every one of the publications, so I don't
8 have any other than the ones that are listed off.
11 s
9 I don't even have all the copies of those maybe.
10
Q. How many -- about how many articles, just
11 for completeness of the record, have you written
12 over the years?
13
A. In counting them, I believe I've
14 estimated that I've written more than -- well -
15
Q. It's over a hundred?
16
A. Well, a hundred. I would say that I have
17 surely written more than 80 that's available, have
18 been available, but it was more than that, but I
19 don't remember how many more, but we'll say over
20 80 .
21
Q. Sir, you served at Humble Oil, what, in
22 the capacity as industrial hygienist and sanitary
23 engineer from about '47 to '57 -- or '59, rather?
24
A. Before I was promoted?
25
Q . Yes, sir.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
15
1
A. Yes, and I -- yes, and then I was made
2 director of the division -
3
Q. Now, could you just -
4
A.
-- for the last -
5
Q. -- briefly tell us about the history
6 of Humble and Exxon and bring us up to your
7 retirement? What was the -- what was your job
8 with those companies?
%
9
A. I inherited these other companies that
10 were affiliates of Standard of New Jersey when
11 the name became -- well, Humble for a while. In
12 1960 or '61 we became countrywide -- nationwide
13 as Humble, and I inherited all of the staffs that
14 were with these other companies as well as the
15 responsibility for the health exposure or the
16 occupational exposure problems that were
17 associated with the manufacturers in these other
18 refineries and -
19
Q . At some --
20
A. -- chemical plants.
21
Q. At some point in time is it correct that
22 you became the head of the industrial hygiene
23 program and chief industrial hygienist for Exxon
24
USA?
25
A. Yes, in all 50 states.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL L U M & ASSOCIATES, INC.
16
1
Q. And how many facilities, roughly, were
2 there in that - - in Exxon USA?
3
A. I'd have to estimate. One time we had
4 well over 60,000 employees. I don't remember the
5 number of employees. There were more than
6 60,000. And they represented so many plants and
7 so forth I just couldn't estimate for you the -
8 with any accuracy the number of actual plants
s 9 there were.
10
Q. All right, sir. And one of them was
11 over in Baton Rouge, was it not, sir, that was
12 in your --
13
A. The Baton Rouge refinery, yes. And then
14 there were several gas plants and other plants of
15 that nature that were out -- scattered throughout
16 the production area in Louisiana as well as
17 Mississippi and Alabama and Florida and Texas and
18 O k l a h o m a .
19
Q. Sir, when was it that -- did you hire for
20 that plant in Baton Rouge an industrial hygienist
21 to go to work there?
22
A. Yes, I did, and he was a graduate of
23 Harvard school under Phil Drinker, and his name
24 was Fred Venable.
25
Q. And what year did you do that?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
17
1
A. Well, I had to wait on him until after I
2 had located him and he was with the Texas State
3 Department of Health, and he was obligated to work
4 for them for so many years after he had finished
5 his graduate work at Harvard, and so he came
6 onboard about 1950 or '51.
7
Q. And one of the -- one of the facilities
8 that was under your supervision was over at the
9 Baytown refinery in this area?
10
A. Yes, it was.
11
Q. Sir -
12
A. Beginning in 1947 I had the
13 responsibility over Baytown and all the other
14 plants that Humble Oil & Refining Company had
15 throughout T e x a s .
16
Q. Sir, to move on, you were a member of
17 the American Petroleum Institute, were you not?
18
A. I was a member of the medical advisory
19 committee and never had a membership as such
20 individually in the API, but I began to attend 21 the medical advisory committee as advisor and 22 consultant to my member, which was Dr. Baird in
23 1947 .
24
Q. All right, sir. Now, I'll show you a
25 document that I've marked 2-A for identification
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
18
1 and ask you if that reflects your American
2 Petroleum Institute assignments, this first one
3 from 1947 to 1965, and then the second page covers
4 it from 1965 to '67? Does that reflect your
5 memberships in the American Petroleum Institute?
6 1 ask that that be attached to the deposition as
7 2 -A for identification.
8
A. I recognize all of these.
9
Q. As positions that you held?
10
A. Operations that I participated in, yes.
11
q . Sir, tell me this, Professor, and just
12 briefly what are some of the professional
13 associations that you belong to?
14
A. I belong to the Texas Public Health
15 Association here in Texas, and we joined it in 16 1947. I belong to the National Public Health
17 Association from earlier than that. I had joined
18 that in 1942. And I had membership, of course, in
19 the American Industrial Hygiene Association from
20 beginning in 1942 -- 3, I'm not clear right now
21 which of those years, but anyway, from that time
22 on. Then, of course, I was medical advisory
23 committee of the API group and
as you see,
24 and then I was also representative on the
25 Chemical Manufacturing Association for
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
19
1 precautionary labeling, and I represented the
2 company beginning -- and attended those meetings
3 as early as 1950 to '55, and beginning in 19 -
4 associated with the representative from the Esso
5 group. I was -- also became the company
6 representative on the Manufacturing Chemical
7 Association for writing a manual on precautionary
8 labels in 1958 and remained in that capacity for
' s
9 the rest of my career.
10
Q. Professor, your resume that's attached to
11 the deposition marked Plaintiff's Exhibit No. 2
12 for identification, sets forth, does it not, the
13 professional associations that you belong to?
14
A. It does.
15
Q. Does it also set forth the awards and
16 honors that you received in your professional
17 work?
18
A. It does.
19
Q. Just briefly, the Henry Case award, what
20 is that, sir?
21
A. Henry K. Smith award, well, that -- he
22 was an outstanding authority in the field of
23 industrial hygiene from the University of 24 Pennsylvania back in the early 1920's, nine, 25 twenty -- I'm not sure which year he began, but
"
SHAWN KELLEY, TEXAS CSR 3448
NELL MC CALLUM & ASSOCIATES, INC.
20
1 in that range of the late 1920's. And he actually
2 did a survey of the Baton Rouge refinery. I've
3 seen copies of his survey made in 1928 or '29 for 4 the Baytown -- for the Baton Rouge refinery. So 5 he would then join the University of Pittsburgh 6 school and taught industrial hygiene there and was 7 a -- also a consultant to the Malone School of
8 Technology in this field.
9
Q. Sir, is there any -- the Henry F. Smith -
10
A. And then -- yes, and that was the
11 association of -- American Industrial Hygiene
12 A ssociation recognized him as one of the
13 pioneering authorities, so they established an
14 award for him, and I was fortunate enough to be
15 selected to receive that award, the second one
16 given in the nation, and that year was in
17 eighty -
18
Q. Your -- your resume says '82.
19
A. In '82.
20
Q . Was that --
2 1
A. That's the second one.
22
q . in your opinion is that the greatest
23 honor that you can receive as an industrial
24 hygienist in America?
25
A. It is, in my profession.
_
SHAWN KELLEY, TEXAS CSR 3448
NELL MCCALLUM & ASSOCIATES, INC.
21
1
Q. Now, after your teaching career here at
2 the University of Texas School of Public Health,
3 did you -- did they establish a James W. Hammond
4 award to the outstanding graduate of Texas A&M or
5 the University of Texas public school in your
6 honor?
7
A. They did, and it's continued on, even
8 this year. That award is presented every year by
' s,
9 the Gulf Coast section of the American Industrial
10 Hygiene Association.
11
Q. The reference has been made to the
12 American Petroleum Institute during this earlier
13 testimony. Could you tell the Court or jury what
14 is the American Petroleum Institute?
15
A. Well, that is a member of all of the
16 companies that are concerned with the commercial
17 production of gas and oil, and many of the other
18 companies that have joined or are eligible are the
19 people who manufacture equipment or methods that
20 are used by that industry.
21
Q. Is that recognized as a trade association
22 for the petroleum industry?
23
A. It is, and the affiliate companies would
24 be concerned with making -- supplying either 25 materials or mechanical equipment or chemicals to
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
22
1 the production and operation of the petroleum
2 industry.
3
Q. Sir, have you participated extensively
4 throughout your professional career in educational
5 seminars, lectures in an effort to spread the word
6 about industrial hygiene?
7
A. Yes, beginning in 1947 I was invited to
8 be on an advisory board to the Houston Chamber of
9 Commerce Industrial Committee, and the interest
10 was in both the air and water pollution as well as
11 in industrial health and safety, and so I was
12 elected to be the chairman of a committee that put
13 on a program beginning 1948 at the Rice Hotel and
14 invited all of the people that are concerned with
15 the industry throughout this area that ran a --
16 the publicity went out all the way from we'll say
17 New Orleans and as far north as Chicago and as
18 far west as old Mexico. And we had 11 of those
19 conferences annually along about this time of year
20 or a little later, in October, that met first at
21 the Rice and then later at the Shamrock that ran
22 for 11 years, and we'd have an average attendance
23 of 300 people. Most of these persons were 24 concerned with either occupational health and 25 medicine and hygiene, and they were also concerned
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
23
1 with public health. They were concerned primarily
2 as safety, industrial safety, and they were
3 members of the -- of the -- and they were all
4 invited, and they usually came. And in addition
5 there was an organization of personnel managers
6 and nurses as well as doctors. They were all
7 invited, and that made up about an average of
8 the 11 years for three -- attendance, 300. It
11 s.
9 ran generally from Thursday, Friday and Saturday, to
10 three days a week, and we invited the best
11 authorities nationwide and even we had them to
12 come from the Department of Labor and from England
13 and visited our -- visited our conference more 14 than once. It would be what would be the
15 equivalent of our Secretary of Labor.
16
MR. BAGGETT: Gentlemen, I tender
17 Professor Hammond as an expert in the field of
18 industrial hygiene with extensive experience in
19 the petroleum industry.
20
MR. SPEARS: Well, this is Ken Spears. I
21 deposed Mr. Hammond, and we've been involved with
22 him on several cases, and I accept his
23 qualifications. I think he's very well respected
24 as a former industrial hygienist in the petroleum
25 i n d u s t r y .
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
24
1
MR. BAGGETT: Thank you, sir.
2
Anybody else have any questions?
3
MR. FREEMAN: It's my understanding we're
4 reserving all objections except as to form and 5 responsiveness, so I'll abide by that agreement.
6
7
8
9
VOIR DIRE EXAMINATION BY MR. MYERS
10
11
Q. I'll just have a couple of questions.
12 Professor Hammond, did you ever receive your
13 Ph.D .?
14
A. No, I never did. I had the three degrees
15 I had, and I had a certificate from MIT, and I had
16 a certificate from Rice University, but never
17 actually concentrated on getting a Ph.D.
18
Q. Have you been out of the field of
19 industrial hygiene since your retirement?
20
A. No, since my retirement I taught for nine
21 years industrial hygiene, I taught about a hundred
22 graduate students. There were 130, I believe,
23 attended my course and classes. And then I -- as
24 I am involved today, I kept up with the
25 developments of the field.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
25
1
Q. You have testified as an expert
2 previously in this particular field?
3
A. Several times, yes, sir.
4
Q. When was the last time you testified in
5 court ?
6
A. I've given depositions recently, but I
7 think most of the cases I've been involved in have
8 not reached court stage. Most of them have been
ss
9 settled outside of court, I believe.
10
Q. Have you ever been denied qualification
11 in a field of expertise for which you have been
12 tendered? And I realize you said you've been
13 qualified as an expert in industrial hygiene, but
14 have you ever been tendered as an expert in
15 chemistry or any other field?
16
A. I have never been accepted as an expert
17 in that field, no.
18
Q. All right. I take it that you've been
19 tendered as an expert in and you hold yourself out
20 as an expert in industrial hygiene?
21
A. I d o . I remember a court -- a case that
22 John O'Quinn brought against Monsanto in 19 87 or 6
23 or somewhere like that, and I did testify in that
24 particular case, I recall.
25
MR. MYERS: Okay. That's all I have.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
26
1 Thank you.
2
3
4
CONTINUED EXAMINATION BY MR. BAGGETT
5
6
Q. Professor Hammond, in the conduct of the
7 industrial hygiene program that you participated
8 in with your first employer starting in the 40's,
' s-
9 did you have a goal to develop a program designed
10 to eliminate any benzene exposure?
11
MR. FREEMAN: Objection as leading.
12
MR. BAGGETT: That objection is -
13
MR. SPEARS: I object to the form of the
14 question.
15
MR. MYERS: Join in.
16
MR. BAGGETT: Fine.
17
Q. You can go ahead, Professor, and tell us
18 when you first started to work, what did you do,
19 if anything, about the industrial hygiene program
20 as relates to bone -- to benzene exposure.
21
MR. SPEARS: Again, I object to the form
22 of the question. You're talking about where,
23 Bill?
24
MR. BAGGETT: I'm talking about when he
25 said he started to work in 1947 and in his
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
27
1 capacity as an industrial hygienist. So I wanted
2 to know what he did, if anything, with reference
3 to benzene -- the benzene program, exposure
4 program.
5
MR. SPEARS: At Exxon or Humble we're
6 talking about?
7
MR. BAGGETT: Yeah, at Humble.
8
A. In 1947 I was clearly sat upon a program
' s
9 to eliminate any exposures at all to our employees
10 in the Humble Oil & Refining Company and
11 substitute other materials where possible or those
12 that did have necessary exposure to control them
13 carefully to come up with the zero level of
14 occupational exposure.
15
MR. BAGGETT:
16
Q. Professor, how did you -- how did you
17 accomplish -- accomplish a -- accomplish a program
18 that was designed to eliminate exposures to
19 benzene to zero?
20
A. First and foremost, there were many
21 operations that were commonly used in both the
22 laboratory and also associated with purification 23 of petroleum products in which we could substitute 24 other materials, nonasbestos -- nonbenzene and get 25 rid of the potential exposures completely as we
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
28
1 did in many places. And then next was that we
2 enclosed all operations that they have to use it,
3 for example, as a chemical process in the
4 laboratory by enclosing and putting it under the
5 hood that was well -exhausted with adequate air
6 flow-through to protect the employees. And when
7 we couldn't do that, the short-term exposure
8 outside we used an approved type of respiratory
' s
9 protection such as respirators and gas masks or
10 air supplies to supply them.
11
Q. All right, sir. Sir, you have prepared
12 a report for me, have you not, or at my request
13 that's been furnished to opposing counsel that's
14 dated back in January 16th, 1991, entitled, "The
15 history of recognition, evaluation, control,
16 chemistry of industrial toxicology of hazards of
17 benzene (benzol) vapors and liquids in the
18 petroleum, petrochemical and related industrial
19 activities," have you not, sir?
20
A. I have.
21
Q. And, Professor, in connection with that
22 report, did you review some of the safety, labor
23 and industrial hygiene literature that was used
24 early on in your professional career?
25
A. Yes, in a way, but I didn't find it
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
29
1 necessary to review any extensive literature,
2 because this was my program, and I had had a
3 part in developing the program with the various
4 agencies I had been associated with beginning
5 1941 with the Division of Occupational Diseases
6 with the Department of Labor up in Boston, and
7 I was familiar with all of the knowledge and
8 foundation that had been prepared at that time.
1 s
9 And so I wrote this more or less from my own
10 knowledge as I have of the field.
11
Q. Sir, could you tell us whether or not
12 by 1947 when you went to work with Humble there
13 was extensive literature available in medical,
14 safety, industrial hygiene, labor, governmental
15 and occupational medicine fields that concerned
16 the relationship between benzene exposure and
17 disease?
18
MR. SPEARS: I'd object to the form of
19 the question as being -- not only is it vague,
20 it's compound. I'm not sure what he's going to
21 answer to.
22
MR. BAGGETT:
23
Q. Well, I'll repeat it, Doctor -
24 Professor, subject to that objection, so that
25 there's no misunderstanding. By 1948 was there
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
30
1 extensive literature available in medical, safety,
2 industrial hygiene, labor, governmental and
3 occupational medicine that concerned the
4 relationship between benzene exposure and disease?
5
A. There was.
6
Q. And did that -- did that literature
7 address such things as the toxicity and the
8 precautions that should be taken to protect
' V
9 one from -- who had potential exposure to
10 benzene vapors?
11
A. It did.
12
Q. And in your report, which I will mark
13 as P-3 for identification and ask that it be
14 attached to the deposition, this is the report
15 dated January 16th of 1991 -
16
MR. MYERS: I'm going to make an
17 objection to the attachment of the report to the
18 deposition in that I believe he's going to testify
19 on it, and his testimony will be the best evidence
20 of his o p i n i o n s .
21
MR. SPEARS: I'd join in that objection,
22 Bill.- I'd like to ask the professor a question
23 about this report before you introduce it.
24
MR. BAGGETT: Well, you'll have an
25 opportunity on cross-examination. I just ask that
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
31
1 it be attached in case somebody -- as part of the
2 record. And if you want to ask him questions
3 about it, whether or not it goes into evidence,
4 that objection has been preserved by Mr. Myers.
5
MR. SPEARS: Right. I preserve my
6 objections, and I do object to it being attached
7 to the deposition.
8
MR. BAGGETT: Fine.
N s.
9
Q. Professor, to substantiate your statement
10 about 1948, that there was literature available
11 that concerned the relationship between benzene
12 exposure and disease, have you not furnished us
13 with a report from the Division of Labor
14 Standards, Department of Labor, dated 1935?
15
A. I have.
16
Q. I ask that this -- is this a copy of the
17 report that I will mark as P-4 for identification?
18 Is that a copy of the report that you have
19 furnished to us?
20
A . It is .
21
Q. Also, to illustrate the availability of
22 literature, did you furnish us with a report dated
23 1938 from the Industrial -- from the Division of 24 Labor Standards, U. S. Department of Labor, which 25 I will mark as P-5 for identification and ask you
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
32
1 if that is the document that you supplied us?
2
A. Yes, this is the document, and I think
3 the date may be 1939.
4
Q. All right, sir. Fine. Sir, also did
5 you furnish us with the National Safety Counsel
6 pamphlet No. 14 that I will mark as P-6 for
7 identification, and this is dated in 1931 that
8 concerns benzol, and ask you if that's a copy of
9 the document that you furnished us to illustrate
10 the type of literature that was available at that
11 time set?
12
A. Yes, and this seemed to be a very
13 comprehensive discussion of the problems
14 associated with handling benzene and the medical
15 surveillance and the other matters that were
16 associated with it.
17
Q. All right, sir. P-7 for identification
18 can best be described as a Chemical Safety Data
19 Sheet SD No. 2 dated -- well, adopted '46, revised
20 '48, second edition revised 1956, entitled
21 properties and essential information for safe
22 handling and use of benzene published by the
23 Manufacturers Chemical Association, Inc. I've
24 marked that P-7 and ask. you if that is one o
25 the types of literature that was available that
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
33
1 concerned the relationship between benzene
2 exposure and disease?
3
A . It i s .
4
Q. Sir, these -- these documents that have
5 just been described and are marked P-4, 5, 6 and
6 7, did they have a common thread running through
7 each of them, and that is that they address the
8 toxicity of benzene, the nature of the disease and
' s
9 precautions to be taken to limit exposure?
10
MR. SPEARS: Object to the form of the
11 question. The documents are going to speak for
12 themselves, and it's a compound question again,
13 B i l l .
14
MR. FREEMAN: Same objection.
15
MR. MYERS: Join in.
16
MR. BAGGETT: Fine. Gentlemen, I'll
17 agree with y'all that objection by one is
18 considered to be objection for all, and we can
19 then avoid that.
20
A. Yes, it did, and they usually all
21 stressed the importance of recognizing exposures
22 and responses by certain individuals was based
23 upon susceptibility to this material, and that was
2 4 one of the bases that I decided that in early
25 times, 1940's, it was necessary to have zero
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
34
1 concentration for everybody, because of its
2 susceptibility -
3
MR. SPEARS: I object to the answer now
4 as being nonresponsive to the question.
5
MR. BAGGETT:
6
Q. Sir, was there literature such as this
7 widely known and commented upon in the petroleum
8 industry when you went to work with the company?
9
A. It w a s .
10
Q. Was this literature by the Chemical
11 Manufacturing Association, the National Safety
12 Counsel and the Department of Labor, were those 13 easily acceptable and available to anyone desiring
14 to obtain that information -- type of information?
15
A. They were readily available.
16
Q. Sir, these documents that have -- these
17 are copies of them that have been attached to the
18 deposition. When you rendered your report and
19 when you testified in the Ellis case, these same
20 documents were identified, were they not, sir?
21
A. They were.
22
Q. And at that time you had the originals of
23 those documents that had been maintained in your
24 files, did you not, sir?
25
A. I did.
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
35
1
Q. And these are copies of them?
2
A. They are.
3
MR. MYERS: I will make a general
4 objection to the attachment of those documents.
5 Granted I'll probably be able to see some other
6 documents that will change my position, but at
7 this point, since I haven't seen them before.
8
MR. BAGGETT: Gentlemen, I'll assure
' s
9 you that any document that's produced will either
10 be authenticated in this production or will be
11 authenticated before trial.
12
Q. Professor, is there any -- to your
13 knowledge is there any publication that is more
14 circulated or certainly -- let's put it this way,
15 is not the Journal of the American Medical
16 Association one of the most widely circulated 17 medical journals or journals in the world?
18
A . It is .
19
Q. I want to show you a document that I will
20 mark as P-8 for identification, which purports to
21 be an editorial from the Journal of the American
22 Medical Association dated November 1944, and ask
23 you if you would -- dealing with environmental
24 cancer, and ask you if the statement that is
25 contained here that the agents known or suspected
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL L U M & ASSOCIATES, INC.
36
1 to cause occupational cancer are arsenic,
2 chromates, nickel, carbon, radium, mesothorium,
3 asbestos, crude and possessed mineral oils and,
4 on over up at the top here, benzene?
5
A. Yeah.
6
Q. Substances -- this was an early
7 recognition by the AMA in 1944 that benzene could
8 cause occupational cancer -
s
9
MR. SPEARS: I object to the form of the
10 q u e s t i o n .
11
MR. BAGGETT:
12
Q.
-- is it not, sir?
13
A. It is true .
14
MR. BAGGETT: I ask that that be attached
15 to the deposition as P-8.
16
MR. MYERS: Same objection as previous.
17
MR. BAGGETT:
18
Q. Sir, moving on, P-9 for identification
19 can best be described as the API toxicological 20 review on benzene dated September of 1948. Have 21 you seen and studied that document before, sir?
22
A. I have.
23
q . Actually in -- after your employment
24 could you tell us whether or not that -- that
25 publication was widely circulated within the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL L U M & ASSOCIATES, INC.
37 1 petroleum, safety and health community?
2
A. It was available and publicity was given
3 to its availability, because the API medical
4 advisory committee was commissioned at Harvard
5 under Dr. Drinker's supervision to prepare these
6 reports. And benzene was just one of many
7 different substances that were -
8
Q. Professor, I -- at the time that this
s s.
9 is displayed to the Court or the jury, I'm going
*
10 to either have a blowup or have it on video, the
11 forward here, and I'd like for you to read that
12 into the record here, the forward on P-9.
13
A. All right. "This review summarizes the
14 best available information on the properties,
15 characteristics and the toxicology of benzene.
16 It offers suggestions intended to recommendation
17 pertaining to medical treatment, medical
18 examination and precautionary measures for workers
19 who are exposed to benzene. It was prepared at
20 the Harvard School of Public Health, Boston
21 Massachusetts, under the direction of Professor
22 Phil Drinker. The review has been accepted for
23 publication by the medical advisory committee of 24 the American Petroleum institute. Anyone desiring 25 to submit additional information or proposed
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
38
1 changes for consideration prior to reissuance of
2 this review is requested to send them to the
3 American Petroleum Institute. This review was
4 prepared by Marshall Clinton, M.D."
5
Q. Did you know this is the Phil Drinker
6 that you studied under and worked with at Harvard?
7
A. Yes, and also happened to know Marshall
8 Clinton as a friend, associate, peer.
11 s.
9
Q. Sir, in this document that we've just
10 referred to, would you please tell me, sir, if
11 at the time that this was published was it known
12 within the safety and health community of the
13 industry that you were involved in that chronic
14 benzene poisoning resulted from repeated or
15 continuous exposure to relatively low
16 concentrations of benzene vapors?
17
MR. SPEARS: Object to the form of the
18 question if you're asking this man to testify
19 about what somebody else knew other than himself.
20
MR. BAGGETT: Well, fine. Your objection
21 is noted, sir.
22
A. It was well accepted by me as well as
23 others in the field as being a very hazardous
24 m a t e r i a l .
25
MR. BAGGETT: Professor, what, if
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC AL LUM & ASSOCIATES, INC.
39
1 anything, did this document or did the -- strike
2 that. Let's go off the record just a minute.
3
V I D E O G R A P H E R : Off the record, 20 minutes
4 before 11 o'clock.
5
[Discussion off the record]
6
VIDEOGRAPHER: On the record, 15 minutes
7 before 11 o'clock.
8
MR. BAGGETT:
S
9
Q. Professor Hammond, the American Petroleum
10 Institute toxicological review on benzene that was
11 published in September of '48, while the document
12 will speak for itself, for the record would you
13 tell us whether or not that document addressed the
14 properties and characteristics of benzene?
15
A. It did.
16
Q. Was one of those characteristics that it
17 had a pleasant odor?
18
A. It did.
19
Q. Sir, the toxicology of it, the acute
20 effects and the chronic effects, was that also a
21 matter of information that was passed along by 22 this review?
23
A. They were.
24
MR. SPEARS: Object to the form of the
25 q u e s t i o n .
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
40
1
MR. BAGGETT: Y'all keep objecting to the
2 form of the question. If you would, would you
3 please articulate what's wrong with the form of
4 my question so I can try to correct it?
5
MR. SPEARS: The question was vague. I
6 didn't understand it.
7
MR. BAGGETT:
8
Q. Okay. Sir, when your dealing with
9 chronic affects of an exposure to benzene, what
10 influence of the -- what part of the organs of
11 the body did the benzene have effect upon, if any?
12
A. The chronic effects were generally
13 associated primarily with the bone marrow.
14
Q. And in that would be a part of the
15 blood-forming organs of the body?
16
A. Yes, that is the organ that forms the
17 b l o o d .
18
Q. Okay. Sir, did -- is there any
19 characteristic of benzene and its health effects
20 that relates to individual susceptibility?
21
A. It is related to susceptibility on the
22 part of the employees or the persons exposed to
23 i t , y e s .
24
Q. And was that any factor that you
25 considered in adopting an industrial hygiene
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
1 program or enforcing one with your employer
2 starting in '47?
3
A. It certainly was.
4
Q. Did you recognize in your practice the
5 statement that is obtained -- that is contained
6 on page 4 of P-8 at the bottom , left-hand side,
7 "Inasmuch as the body develops no tolerance to
8 benzene and there is a wide variety in individual
s
9 susceptibility, it is generally considered that
10 the only absolutely safe concentration for benzene
11 is zero"?
12
MR. SPEARS: I object to that question,
13 Bill, as being vague, and also the document speaks
14 for itself. Now you're asking him to read -
15 repeat into the record what's already printed in
16 those documents.
17
MR. BAGGETT: I think the objection is
18 wrong, because what I asked him is if in his
19 practice and in the program at your company or
20 with your employer did you recognize this in
21 trying to put in a program?
22
A . I did.
23
MR. BAGGETT:
24
Q. Sir, even at that time, what if
25 anything -- and, here again, the document does
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
42
1 speak for itself, but I want you to state for the
2 record, because I will have this section No. 3
3 dealing with safe limits shown to the Court, if
4 you will, please read what it says here in
5 paragraph 3 under safe limits.
6
MR. FREEMAN: What exhibit is that,
7 please?
8
MR. BAGGETT: This is P --
"V
9
THE WITNESS: 9.
10
MR. BAGGETT: P-9, yeah.
11
MR. SPEARS: That's the API tox review?
12
MR. BAGGETT: Yeah, uh-huh.
13
MR. MYERS: Let me make a general
14 objection to him repeating whatever the exhibit
15 is itself as not being a form of basis of his
16 opinion, but yet an opinion of someone else.
17
MR. BAGGETT:
18
Q. Would you go ahead and read for the
19 record paragraph 3 entitled "Safe limits"?
20
A.
"The American Standards Association and
21 most of the states has set an arbitrary limit of
22 100 parts per million as a maximum permissible
23 benzene concentration to workers exposed to this 24 substance during an eight-hour period. 25 Massachusetts and Oregon has set limits of" --
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
43
1 it's a blank here -- "parts per million, whereas
2 New York considers 50 parts per million as the
3 highest permissible level. Inasmuch as the body
4 develops no tolerance to benzene and as there is a
5 wide variation in individual susceptibility, it is
6 generally considered that the only absolutely safe
7 concentration for benzene is zero. The inadequacy
8 of a limit of a hundred parts per million are
' s,
9 indicated by well authenticated reports of at
10 least two cases of benzene poisoning following
11 exposure to only 75 parts per million. A limit
12 of 50 parts per million or less is strongly
13 recommended, particularly where exposures are
14 recurrent. Skin contact should be avoided."
15
q . All right, sir. Professor, tell me
16 what -- at this time what did you consider that
17 the API Toxicological Review was recommending so
18 far as medical examinations?
19
A. It seemed to be fairly adequate and would
20 be what I would recommend primarily even today.
21
Q. And that was preemployment physicals and
22 also regular examinations of those people with
23 potential exposure to benzene?
24
A. A regular basis or periodic reexamination
25 of the people.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
44
1
Q. What precautionary measures were
2 recognized in your profession by people in
3 petroleum industry, precautionary measures
4 were recognized to assist in limiting benzene
5 exposure?
6
MR. FREEMAN: I'm going to object to
7 the form of the question as the term petroleum
8 industry -- do you, by that term, refer to marine
9 transportation industry as well?
10
MR. SPEARS: I join in that objection and
11 add to that another objection is I'm not sure if
12 you then indicated what time frame he's talking
13 a b o u t .
14
MR. BAGGETT:
15
Q. I'm talking about in 1948 when this
16 bulletin came out, sir, what were the
17 precautionary measures that were recommended be 18 taken to limit or prevent the exposure to benzene 19 poisoning that -- that were utilized in your
20 profession as an industrial hygienist?
21
A. I would start out by listing first
22 education of the workers as to the hazards
23 associated with benzene.
24
Q. Would the -- would the fact that there is
25 a latency period involved in the development of
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
45
1 disease following long exposure to low dosages be
2 one of the facts that you think would need to
3 be -- the employee would need to know about?
4
A. That should be emphasized, yeah.
5
Q. Would one of the safety measures that -
6 that was recognized in 1948 be that for the
7 prevention of benzene poisoning that the -- all of
8 the measures should be designed to prevent the
s
9 inhalation of benzene vapors?
10
A. That would be the only method that could
11 be used to protect the employees, yes.
12
Q. And how would you do that? Would that
13 involve engineering, sir?
14
A. That would involve the enclosure and
15 preventing of escaping of any gas into the
16 breathing zone of the employee.
17
Q. If excessive concentrations were
18 unavoidably encountered in any operation, what
19 was done by -- recommended by your company that
20 you worked for in the period 1948?
21
A. By both preemployment examination of each
22 employee that was going to be potentially exposed
23 and then reexamination whenever they had a
24 suspicious, supposedly exposure that came to the
25 e m p l o y e e .
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
46
1
Q. All right, sir. Was ther e a respiratory
2 pro tection program in place or rec ognized in the
3 40 's where you might have an exces sive exposure?
4
A. To prevent any exposure to the employee,
5 the n respiratory protection of app roved
6 res pirators and approved masks wou Id be used
7 tho roughly and enforced.
8
Q. Sir, in the -- in the 30' s and the
' >
9 40 's would you tell us whether or not there
10 was equipment available that could measure the
11 con centrations of benzene vapors in the air?
12
A. There were analytical pro cedures that
13 cou Id be used and were being used by evaluation
14 of these concentrations in the air
15
Q. When you went to work in 1947, was that
16 equ ipment available to measure the concentrations
17 of benzene vapors in the air?
18
A. It was.
19
Q. Was it used at your facil ity where you
20 worked?
21
A. We did.
22
Q. And that way were you able to keep up
23 with the -- well, is there any way that you can -
24 strike t h a t .
25
Was there any way, without measuring the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
4 7
1 concentrations of benzene vapor in the air, that
2 you could determine the level of exposures?
3
A. Yes, we used that biological testing of
4 the urine by determining the urinary sulfate ratio
5 in the urine, and that was directly related to the
6 concentration of benzene in the air that he had
7 been exposed to, whether he knew he was being
8 exposed or not. But we could detect that, and
9 we used that until 1960's, and then it became a
10 more -- an easier and more accurate procedure to
11 use the phenolic concentration in the urine for
12 that evaluation.
13
Q. Was that medical examination in addition
14 to the measuring of benzene vapors in the air?
15
A . It was .
16
Q. Sir, attached to this report from the
17 American Petroleum Institute is a bibliography of
18 some 25 articles. I assume that that summarizes
19 the best -- that is the best available information
2 0 on the properties, characteristics and toxicology
21 of benzene as referred to in the forward of this
22 document. Do you recognize any of the authorities
23 that are cited in this bibliography?
24
A. Of the Americans, I recognize
25 approximately 50 percent of these people that I
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C A L L U M & ASSOCIATES, INC.
48 1 knew personally.
2
Q. E. T. Hunter, Chronic Exposure, 1939 in
3 the Journal of Industrial Hygiene, which is item
4 No. 11 on this bibliography, were you familiar
5 with that? Did you become familiar with that in
6 your professional work in the 40's?
7
A. I knew Dr. Hunter. He was an internist
8 that worked in the Massachusetts General Hospital
9 in 1941 and 2 when I was there, and I got to know
10 him personally and knew about this article as
11 w e l l .
12
Q. Okay. In the bibliography, article No. 1
13 by E. Browning, "Toxicity of industrial organic
14 solvents," published in the Industrial Health
15 Research Board report No. 80 in London in 1937,
16 was that a document or the type of document that
17 you would have reference -- have reference to in
18 the performance of your work?
19
A. Yes, and Ethyl Browning was an English
20 physician, and she published a book which
21 contained this information about benzene, and
22 it was available to me back in 1941, too.
23
Q. Sir, as a result of this report published
24 by the API, did you consider that it was essential
25 in - - strike that. Not as a result of this
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
49
1 report, but even by the time this report came out
2 in 1948, did you consider that it was essential
3 that you try to maintain absolutely safe
4 concentration of benzene at a zero level?
5
A. That was my goal throughout my career,
6 beginning in 1941.
7
MR. BAGGETT: Sir, do you, in connection
8 with -- I ask that P-9 be attached to the
9 deposition.
10
MR. MYERS: Same objection as previously
11 n o t e d .
12
MR. BAGGETT:
13
Q. Sir, P-10 for identification can best
14 be described as the article referred to in the
15 bibliography by Francis T. Hunter entitled
16 "Chronic exposure to benzene, benzol," No. 2, 17 "The clinical affects," published in the Journal
18 of Industrial Hygiene and Toxicology in 1939.
19 Were you familiar with this work that I'll show
20 you that's marked P-9 for identification, sir?
21
MR. FREEMAN: P-10?
22
MR. BAGGETT:
23
Q. P-10, I'm sorry. Were you familiar with
24 that when you started your practice in '47 at
25 Humble ?
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
50
1
A. Oh, yes, I was familiar with it after
2 I met him and was associated with some of his
3 coworkers, daily almost, in 1941.
4
Q. Well, this was published, it shows here,
5 in July of 1939. Do you know whether or not
6 Dr. Hunter was of the opinion that the only safe
7 exposure -- safe concentration to benzene was
8 zero?
9
MR. MYERS: Object to the form of the
10 question. Asking for an opinion of someone else.
11
MR. BAGGETT:
.
12
Q. Well, I ask you then to look at page
13 344 .
14
A. He gave that in his papers.
15
Q. On page 344 of this report, "Since the
16 respired benzene is carried by the bloodstream and
17 reaches the marrow before going to the liver, it
18 would seem that the only really safe concentration
19 is zero." That was an opinion that you shared,
20 was it not?
21
A. Yes, it was. He was one of my teachers.
22
Q- That's P-10 for identification. P-12
23 for identification -- I'm sorry, P-11 for
24 identification, I want to show you is entitled
25 "Occupational Tumors and Allied Diseases," by
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
51 1 W. C. H u e p e r , M.D., dated 1942. Are you familiar
2 with that piece of literature, sir?
3
A . I am.
4
Q. Is it not correct that -- that this is
5 the same Dr. Hueper who was a member -- worked
6 with the American Petroleum Institute?
7
A. He did. He also was with the United
8 States Public Health Service, of which I was
9 associated.
10
Q. Sir, I'd like for you to look at page
11 598. This was the type of literature, and this
12 shows on the front of it that it came from the
13 library of the American Petroleum Institute, a
14 document dated in 1942, and I will want this to
15 be shown to the Court or jury by a blowup;
16 therefore, I ask that you read, if you will, for
17 their benefit, from page 598, this paragraph that
18 I will point to here, sir, on -
19
A. The second paragraph on this page says,
20 "The combined clinical and experimental evidence
21 presented concerning the causative
22 interrelationship between occupational exposure
23 of benzol and the development of leukemia seem to
24 indicate that such a connection is merely" -
25
Q . Is n o t .
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
52
1
A. "is not merely possible, but a great
2 probability and even an actuality. There occurs
3 evidently a marked variation in the individual
4 susceptibility and reactivity to benzol. This
5 fact may account in part for the different types
6 of hemopoietic tissue response to this substance.
7 The dose, the duration of exposure and interval
8 between the individual exposure are obviously of
s
9 great significance."
10
Q. For the benefit of the court, would you
11 go ahead and read the next paragraph dealing with
12 preventive, precautionary, technical and sanitary
13 effects, the first sentence or two?
14
MR. MYERS: Let me make a general
15 objection as to him reading from another report if
16 he has not adopted it and to the authenticity of
17 the report. Go ahead, subject to the objection.
18
A.
"From the evidence presented and the
19 conclusion drawn, the indication for strict
20 medical supervision of a large group of workers'
21 occupational exposure to benzol is inescapable.
22 This surveillance should be constant and
23 unremitting and should include periodic blood
24 examination for the presence of quantitative
25 and qualitative changes of the various blood
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
53 1 consistencies. It may be advisable to examine
2 the urine for the presence of etherosulfates
3 or benzol utilizing the Obermayer method for
4 indication and determining the inorganic sulfate
5 portion according to the procedure Schrenk, Yant
6 and S a l e s ."
7
MR. BAGGETT:
8
Q. Thank you, sir. Sir, what I want to ask
' s
9 you is was the recommendations that are contained
10 in the American Petroleum Institute 1948
11 Toxicological Review on benzene consistent with
12 what Dr. Hueper was recommending in this paper or
13 periodical back in 1942?
14
A. They were comparable.
15
Q. And did you recognize and carry out these
16 preventive, precautionary, technical aspects
17 that -- of surveillance, medical surveillance on
18 the workers at your refinery that had potential
19 benzene exposure?
20
A. With the cooperation of my medical staff
21 we were able to accomplish all of this as a team.
22
Q . Fine.
23
MR. FREEMAN: Could I see that last
24 exhibit, please?
25
MR. BAGGETT: Yeah.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
54
1
Q. Sir, P-12 for identification can best be
2 described as portions of a book from Principals of
3 Internal Medicine in which T. R. Harrison was the
4 editor in chief published in 1950 and will be
5 authenticated as coming from the University of
6 Buffalo library. I'll show you this. Have you
7 seen this before, sir?
8
A. I have.
1 s
9
Q. P-12? If you will, Professor, would you
10 turn to page -- the section dealing with page 731
11 of that book, chemical agents, page 92 -- chapter
12 92 by Marshall Clinton?
13
A. Yes.
14
Q. Who was Marshall Clinton?
15
A. Well, he was a student at Harvard when
16 I was there, and he was the one that prepared the
17 review for the API on toxic -- toxicity of benzene
18 and that we have now in the exhibits.
19
Q. Sir, on page 738 under the subject
20 benzene poisoning, if you would, look at that
21 section and tell me if you accepted this principal
22 in the performance of your duties, and that was
23 that benzene is cheap and is an excellent solvent,
24 it has been used extensively in the rubber, paint
25 and printing industry and may be present in motor
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
55
1 fuels. Did you understand that?
2
A . I do.
3
Q. And did you also understand that and
4 accept that the hazards that benzene presents
5 were now well-known and its use curtailed or
6 controlled by statute; unfortunately, however,
7 occasional cases of benzene poisoning continue to
8 occur? You recognized that, did you not, sir?
9
A. I practice that in my own program, to
10 prevent that type of exposure.
11
Q. On down on page 738, he comments on
12 chronic benzene poisoning. Is it not correct
13 that this is another authority that at that time,
14 in 1950, stated, "Inasmuch as the body develops no
15 tolerance to benzene, it is generally considered
16 that the only absolutely safe concentration for
17 benzene is zero"?
18
A. Yes, and that's in agreement with his
19 earlier publication with the API.
20
Q. And that's in agreement with your
21 practice as an industrial hygienist at -- at
22 Humble and at E x x o n , is it not, sir?
23
A . It is .
24
Q. Sir, in that -- in that connection, is it
25 correct that in 1958 that Exxon issued a - - or
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
56
1 Esso issued a Toxigram on benzene, which has been
2 heretofore identified by you? And I'll mark this
3 as P-13 and ask you if you recognize that exhibit,
4 sir?
5
A . I do.
6
Q. Professor, does -- is this -- were you
7 involved in any way in the approval or -- of this
8 Toxigram? ' s
9
A. I was given the opportunity to review it
10 and make comments before it was published, yes.
11
Q. Among other things, you were -- you were
12 aware when this was published in 1958 that the
13 greatest hazard associated with benzene exposure
14 is an insidious destructive effect on blood and
15 blood-forming organs?
16
A. I did.
17
Q. And that's rep orted here, is it no t ?
18
A. Yes, it is.
19
Q. What was meant by insidious as used with
20 benzene in reporting on its toxicity or chronic
21 toxicity?
22
A. There are several factors, physical
23 characteristics of it, such as the fact that it is
24 very volatile, it can be in concentrations without 25 easy detection that would be very harmful to the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
1 employee. It has no -- and physiologically it has
2 no particular offensive odor or irritating effect
3 on the worker, and he's quite satisfied to work in
4 concentrations that could be very dangerous and
5 very harmful to him.
6
Q. Unless he knows that he is being exposed
7 to it and has been educated on this characteristic
8 of it; is that correct? ' s.
9
A. That's right.
10
Q. Did you -- in the performance and
11 adoption of a benzene control program in 1940's
12 and early 5 0 ' s, did you recognize this insidious
13 nature of the benzene?
14
A. I did.
15
Q. And this was recognized in your training
16 programs ?
17
A . It w a s .
18
Q. Sir, this document -- incidentally, what,
19 to your knowledge, was the Toxigram which is
20 marked P-13? How was it utilized by Esso?
21
A. Primarily to educate our purchasers or
22 our clients that were buying the products from us.
23
Q. Was this -- was this the -- was it the
24 custom and practice as you know it of Esso to send
25 this Toxigram along with any purchase of benzene?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
58
1
A. It was , and actual iy it was usually sent
2 prior to the t ime in which we sent it, enclosed i
3 at the t ime of a quotation of a purchase price
4 before we sold it to them.
5
Q. Sir, as a part of this, was this Toxigram
6 consistent in your opinion with the 1948 API
7 toxicological review on benzene?
8
A . It is.
S>
9
Q. Did you also still continue to report in
10 1958 that most authorities agree that in light of
11 the present knowledge the only level which can be
12 considered absolutely safe for prolonged exposure
13 is zero?
14
A. I did.
15
MR. BAGGETT: I ask that P-13 be attached
16 to the deposition. I ask that all of the exhibits
17 up to this point that have been identified and
18 numbered be attached to the deposition, if I
19 haven't previously asked that.
20
MR. MYERS: And I'll make a general
21 objection to all of those as previously mentioned
22 as to authenticity of the documents.
23
MR. SPEARS: Same objection.
24
MR. BAGGETT:
25
Q. Professor, so that there's no
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C A L L U M & ASSOCIATES, INC.
59
1 misunderstanding, we have Exhibit No. 9
2 recognizing that the only safe concentration for
3 benzene exposure was zero. That was confirmed 4 by Hunter in 1939, it was confirmed by Hueper in 5 1942, it was confirmed in the Clinton Marshall in 6 his article in '50, and it was also confirmed by
7 Esso in your Toxigram; is that correct, sir?
8
MR. SPEARS: I object to the form of the
s
9 question. That's not what he said, and that's not
10 what you asked him earlier. Your question earlier
11 was the only absolute safe concentration was
12 prolonged exposure to the benzene, not just -- you
13 forgot to mention prolonged.
14
MR. BAGGETT: The record will speak for
15 i t s e l f .
16
Q. Doctor, were these -- Professor, were
17 these authorities, Hunter, Hueper, Clinton 18 Marshall and the Esso Toxigram consistent with 19 the API recommendation, and that is that -- that 20 in light of the present knowledge the only level 21 which can be considered absolutely safe fox
22 prolonged exposure is zero?
23
A. They are consistent.
24
Q. All right, sir. Now, Professor, the -
25 who was Clyde Berry?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
60
1
A. Clyde Berry was a peer of mine, and he
2 was an associate -- he worked with Exxon -- Esso
3 Eastern Petroleum Division of the same company,
4 the Standard of New Jersey, and he also was an
5 associate of mine in periods when I was -- we were
6 both commissioned in the United States health
7 public -- Public Health Service and in the
8 Division of Industrial Hygiene together.
9
Q. Was he an industrial hygienist that you
10 knew to be associated with the American Petroleum
11 Institute?
12
A . He w a s .
13
Q. Who was Dr. Woody?
14
A. Dr. Woody was the medical director that
15 he reported to in the area or the particular
16 division called the Esso Eastern.
17
Q. Sir, I want to show you a document that's
18 marked P-14 for identification, which can best be
19 described as a memorandum dated November 22nd of 20 1948, subject, paper read by Dr. W. C. Hueper on
21 the subject of occupational cancer before the
22 APHA.- The letter is from Clyde M. Berry,
23 Industrial Hygienist, to Dr. Woody, and ask you, 24 sir, if you've seen that document before?
25
A. Yes, I have.
_
SHAWN KELLEY, TEXAS CSR 3448
NELL MCCALL UM & ASSOCIATES, INC.
61
1
Q. Sir, I ask you to assume that this was
2 authenticated by the deposition of Dr. Eula
3 Bingham, who has testified in the Allen case and
4 the -- and authenticated the minutes and records
5 of the Medical Advisory Committee of the American
6 Petroleum Institute, and subject to that
7 authentication I'm going to ask you some questions
8 about t h i s W o u l d the delivery by Dr. Hueper of a
9 paper before the 76th annual meeting of the APHA -
10
A. That's the American Public Health
11 Association.
12
Q. This reports, does it not, that there
13 was an audience of 200 to 300 people were in
14 attendance in November of '48, does it not?
15
A. It does.
16
Q. And, sir, at that time is not -- 1948, is
17 not the industrial hygienist Clyde Berry writing
18 to Dr. Woodard reporting on -- Woody reporting on
19 this speech by Dr. Hueper and recognizing that
20 there was a strong link between environmental and
21 cancer incidents?
22
A. That's his report, uh-huh, Dr. Hueper's
23 p a p e r .
24
Q. And among other things, does he point
25 out the idealistic approach to the control of the
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
62
1 problem and set out the points that should be
2 utilized in the industry, the petroleum industry,
3 to help control the problem of benzene exposure?
4
MR. MYERS: I'm going to make an
5 objection. I don't believe he's ever identified
6 when he saw that paper, whether he saw it last
7 week or last year, whether or not he saw that
8 paper in 1948, whether or not it was transferred
9 among members in 1948.
10
MR. BAGGETT: Fine.
11
Q. Professor, you saw this yesterday, did
12 you not?
13
A. Yes , I had seen it in 1948.
14
Q. All r i g h t , s i r .
15
A. And possibly I was present, because I had
16 heard Dr. Hueper give this paper, and I might have
17 been present at that same meeting, but I don't
18 recall for sure.
19
Q. The point that I want to make, sir, is
20 that in November of 1948 these controls that he
21 mentions in this paper, in this letter that is
22 confirming what Hueper had reported in the
23 presence of two or three hundred people, are the 24 type of controls that you recognized in setting
25 up a benzene exposure control program at Exxon?
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C A L L U M & ASSOCIATES, INC.
63
1
A. They do.
2
MR. BAGGETT: I'd ask that that be
3 attached as P-14.
4
MR. MYERS: Same objection.
5
MR. BAGGETT:
6
Q. Incidentally, sir, I'll show you another
7 document that -- a series of pages of documents
8 that I will mark P-15 for identification, which 9 could best be described as a letter to members and 10 associates of the Medical Advisory Committee on 11 American Petroleum Institute letterhead dated
12 January the 18th, 1949, from D. V. Stroop,
13 S-t-r-o-o-p, Director, with copies going to the
14 safety committee of the board of directors and
15 naming one, two, three, four, five, six, seven,
16 eight such people, attached to it bearing -- this
17 document bears Bates number 000997 through 01302,
18 and ask you if this is not a document that you saw
19 yeste rday for the first time?
20
A. I did see this yesterday, but I don't
21 recall whether I saw it when it was issued in
22 1949 .
23
Q. All right, sir.
24
A. Because I was active in this organization
25 at that time.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
64
1
Q. Professor, what I'd like for you to do is
2 tell us out of -- I ask you to assume that this
3 document was authenticated in the deposition of
4 Dr. Eula B i ngham in the Hicks and Allen case
5 pending in Jeffe rso n County as the custodian of
6 the American Petroleum Institute minutes of the
7 Medical A d v isory Committee. Sir, attached to
8 this is a list of different physicians, different
9 industrial hygienists that were membersh ip -- that
10 had membership on the Medical Advisory Committee
11 of the American Petro le um Institute in the years
12 1949, 1950 and 1959. Did you know many of the
13 members of that Medical Advisory Committee?
14
A. I did, a majo rit y of them.
15
Q. Dr. Bill Crookshank from Lake Charles,
16 did you know him?
17
A. I knew him well.
18
Q. Burt Delon, a safety man from Lake
19 Charles, did you know him?
20
A. I didn't know him personally, but I knew
21 of him.
22
Q. Dr. W. 0. Ar mstrong from Continental Oil
23 Company, did you know him?
24
A. Well.
25
Q. Dr. Clinton Marshall, Sohio Va cu um out of
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
65
1 Buffalo, did you know him?
2
A. I did. He prepared that report from
3 Harvard.
4
Q. Did you know Dr. T. J. Kelly from Shell
5 Oil in Wood River, Illinois?
6
A. I d i d .
7
Q. Sir?
8
A.
Ye$ .
s.
9
Q. Did you know Dr. W. R. Levis with Sun Oil
10 out of Pennsylvania?
11
A. I didn't know him very well, but I knew
12 he was on the committee.
13
Q. Did you know a doctor J. W. Long from
14 Gulf Oil Corporation in Port Arthur?
15
A. I d i d .
16
Q. Did you know Dr. W. A. Morrison, an M.D.
17 From Union Oil Company in California?
18
A. I don't remember him, but -- I don't
19 recall him.
20
Q. Did you know a Dr. Allan E. Dooley from
21 The Texas Company?
22
A. I did. I knew his background, field of
23 industrial hygiene.
24
Q. Sir, consistent with your knowledge of
25 the customs and practices that prevailed in the
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
66
1 American Petroleum Institute concerning
2 distribution of relevant documents, such as the
3 API 1948 Toxicological Review on Benzene, do you
4 know of any reason why members of the Medical
5 Advisory Committee wouldn't have been furnished
6 with those type of documents?
7
A. No, I -- it's my impression they were
8 all furnished that was members of any of these
9 committees that you've named and the persons on
10 them were -- all received a copy when they were
11 p u b l i s h e d .
12
Q. Sir, in the field of safety, occupational
13 medicine and industrial hygiene was it well
14 recognized by 1948, by the time of that review,
15 that there was a causal relationship between
16 exposure to benzene and a serious disease or
17 injury to the bloo d-f or min g organs?
18
A. In all cases wherever the people in my
19 category or the medical directors, yes, it was
20 well available. How far down it went in the
21 company, I wouldn't happen to have that
22 information.
23
Q. Sir, I want to show you another document
24 that I will mark as P-16 for identification, which
25 could best be described as a New York State
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
67
1 Occupational Safety -- I'm sorry, New York State
2 Occupational Cancer Committee paper entitled
3 "Occupational Cancer, a Challenge to the
4 Physician," copyrig ht ed in '49 by the New York
5 State Department of Hea lth and ask you if back
6 in that time set, in the 40's and 50's , were you
7 familiar with, No. 1, that committee, and, No. 2,
8 this particular type of literature?
9
A. I was familiar with it and the activities
10 of this committee at that time, but I did not
11 pa rticipate personally.
,
12
Q. Sir, the mem be rsh ip that is shown on
13 page -- of the New York State Occupational Cancer 14 Committee that's shown on page 5, if you would -
15
A. Yes.
16
Q. Did you happen to know Conrad Dobriner,
17 D - o - b - r - i - n - e - r , an M.D. with the Sloan Kettering
18 Institute?
19
A. What number is that? Dobriner? Sloan
20 Kettering? I didn't per so nal ly know him, no.
21
q . Okay. What about -
22
A. He was an au thority on cancer, medical
23 authority on c a n c e r .
24
Q. What about Dr. G. H. Germen,
25 Manufacturing Chemists Association?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
68
1
A. Yeah, he was at that time chairman of the
2 Medical Advisory Committee to the Manufacturing
3 Chemists Association, and Dr. Germen was
4 associ ated with one of the major national
5 pe troleum -- no, excuse me, chemical manufacturing
6 companies, but I don't recall which one he was.
7
Q. All right, sir. What about Arthur E.
8 Hogg, M . D . ,^member of the American Petroleum
9 Institute?
10
A. Yes, and Dr. Hogg was medical director
11 for one of the major oil companies, and I think it
12 was Amoco.
13
Q. What about W. C. Hueper, U.S. Public
14 Health Service, that's the doctor we've referred
15 to earlier, is it not?
16
A . Yes.
17
Q. Sir, at this -- at this time of
18 publication, on page 9 they refer to a table as
19 a guide to the physician who for purposes of
20 pre venti on is interested in investigating the 21 role of occupation in cancerous and precancerous
22 lesions presented by a patient. They list two
23 tables there. And table No. 2 lists 24 alphabetically, for reference purposes, some of 25 the more common substances or conditions in the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
69
1 occupational environment which are recognized as
2 being cancer produ ci ng or suspect. I ask you to
3 look at -- they go ahead and point out there
4 that those that are designated with an E are
5 established relationship, and I ask you if you
6 could tell me on page 13 if in table 2 -- not page
7 13 .
8
A . Yes.
9
Q. On page 14 under table 2, under benzol,
10 do they not report that benzol is a substance that
11 attacks the blood-forming organs or system and
12 they report that as an E, which means established
13 causal relationship?
14
A. Yes, and I see that same information on
15 the bones and bone m arrow diseases discourages
16 benzol and derivative radioactives and so forth
17 are causing bloo d dyscrasia.
18
Q. By the time that this article was
19 published in 1950, sir, did you accept in the -
20 '49, did you accept in your work at Exxon the fact
21 that benzene was recognized to be an established
22 carcinogen so far as damage to the blood-forming
23 organs ?
24
A . I did.
25
Q. And you enacted -- put in a benzene
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
70
1 control program consistent with that recognition?
2
A. I did.
3
Q. P-16 for identification, I'd ask that it
4 be attached. Incidentally, attached to that, is
5 it not, a bibliogra ph y of many articles to support
6 these findings, is it not, sir?
7
A. There is a - - there's references.
8
MR, MYERS: Same objection as to the
N.
9 admissib ility of the document.
10
MR. BAGGETT:
11
Q. Sir, the next document that I will
12 present to you is Plaintiff's Exhibit No. 17 dated
13 Se ptember the 7th, 1943, authored by M. H. Soley, 14 Un iversity of California Medical School, entitled
15 "Report to Shell Development Company on Benzene,
16 Nitrobenzene, Anilines and Xylenes (They're Toxic 17 Effects and Suggested Safeguards in Manufacturing
18 Practices)." Page 2 bears the stamp "received,
19 Shell Deve lopment Corporation, September 7th, 20 1943." I ask you if you've ever seen that before
21 yesterday, sir?
22
A. I don't recall this particular
23 publication, having seen it, until yesterday.
24
Q. Subject to this document being
25 authent icate d by Shell Oil Company -- and for the
SHAWN KELLEY, TEXAS CSR 3448
_
NELL MCC ALLUM & ASSOCIATES, INC.
71
1 record, I can state that this was delivered to me
2 and Herschel Hobson at a restaurant two years ago
3 in Beaumont by Shell's attorney. This may have
4 to be taken out of the deposition, but it was
5 pursuant to considerable motions to compel.
6
MR. FREEMAN: Who was their attorney,
7 Bill?
8
MR BAGGETT: I think -
9
Q. Sir, this article is entitled, on the
10 second page, "Report to Shell Their -- on Benzene,
11 Their Toxic Affects and Safeguards," and it's
12 labeled "confidential." I ask you if this
13 article, as an industrial hygienist, to you, does
14 it not support the recognition by this researcher
15 in 1943 that exposure to benzene vapors is
16 dangerous, particu lar ly if the exposure is
17 prolonged?
18
MR. MYERS: I'm going to make a general
19 objection, since he did not rely on that at the
20 time he was formulating his opinions many years
21 ago. He just recently seen this -- had an
22 opportunity to see the document.
23
MR. BAGGETT: Fine.
24
Q. Go ahead, if you will. I'm saying does
25 not a review of this document indicate under
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
72 1 benzene --
2
A. Y e s .
3
Q. -- that there is a recognition that
4 exposure is particu la rl y dangerous if it's
5 prolonged? Sir -
6
A. This -- may I summarize by saying this
7 paper is in agreement with what I know about it
8 and have seen in many other publications.
s.
9
Q. Okay. While you didn't rely on this
10 paper in putt ing in your program, is this not a
11 confidential -- indicated, if it's authenticated,
12 to be a confidential co mm un ication to Shell
13 recognizing the toxicity of benzene and reporting
14 that while prolonge d exposure to any concentration
15 to benzene is dangerous, there is a marked
16 variation in susce pt ibi li ty of individuals so
17 that some, for unknown reasons, are particularly
18 resistant while others are quite susceptible?
19
A. This is in keeping with Hunter's and the
20 other exhibits that we have before us and no
21 c o n f l i c t s .
22
Q. In fact, this article, this paper, this
23 document, sites Hunter with approval, does it not?
24
A. It -- he's given as a reference.
25
Q. Sir, P-19 for identification, which can
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
73
1 best be described as a document dated April 28th,
2 1950, on the letter -- having the letterhead of
3 Shell Development Company, "To: K-r-e-d-l-u" -
4 blank, blank, I can't make that out, "from C. H.
5 Hine, M.D., Consulting Toxicologist, subject:
6 Certain problems of environmental cancer in the
7 petroleum industry." First let me ask you, did
8 you know Charlie Hine?
9
A. I did, well.
10
Q. C. H. Hine?
11
A. Socially as well as professionally.
12
Q. Sir?
13
A. I knew him not only professi on al ly but
14 also socially.
15
q . You have had an opportunity to review
16 this document dated April the 28th, 1950, have
17 you not, sir?
18
A. I have.
19
Q . And --
20
MR. MYERS: If I could ask when, sir.
21
THE WITNESS: Back in the early days of
22 Dr. Hine came on the -- on the committee about
23 1952, or 1 or 2, in that period, and he -- we
24 discussed this paper at that time.
25
MR. MYERS: Okay. Thank you.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
74
1
MR. BAGGETT:
2
Q. Sir, on the first page did you agree with
3 his report that only relatively few instances can
4 the origin of environmental cancer be traced to
5 contact with well-defined chemical agents
6 possessing established carcinogenic qualities.
7 Among such compounds are arsenic, benzol and
8 aromatic amines, in addition to radioactive
9 elements ?
10
A. Those were ones that were recognized
11 as being directly related to workers' exposure.
12
Q. Sir, attached to this report -
13 incidentally, he sites with approval -- on the
14 second page of the report, he sites Hueper with
15 approval, does he not?
16
A. He does.
17
Q. As an authority?
18
A . He d o e s .
19
Q. And in a table attached to this, does
20 he not present all of the known and commonly
21 suspected chemical agents causing cancer that are
22 presente d in the oil industry?
23
A. He has that list.
24
Q. And in those tables attached do they not
25 list benzol as a substance and benzol derivatives
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
75
1 as a substance causing damage to the blood-forming
2 organs ?
3
A. He does.
4
Q. And also attached to there is another
5 table dealing with pr ecancerous reactions, and in 6 this table does he not indicate that benzol and
7 derivatives could -- are responsible for blood
8 conditions and disorders to the bone marrow that s
9 are precancerous lesions?
10
A. He does.
11
Q. Was this consistent with the state of the
12 art knowledge that existed in the 1950 period in
13 the field of toxicology, industrial hygiene and
14 occupational medicine?
15
A. It was.
16
Q. Sir, the next document that I will mark
17 as P --
18
MR. FREEMAN: I think you skipped 18.
19
MR. SPEARS: Do you have an 18, Bill?
20
MR. MYERS: Yeah, you skipped 18.
21
MR. SPEARS: The last one you're talking
22 about is a Shell document. It was 19. I see a
23 17 . 24 25
MR. BAGGETT: Let's go off the record. V I D E O G R A P H E R : Off the record, 18 minutes
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
76
1 before 12.
2
[Discussion off the record]
3
V I D E O G R A P H E R : Beginning of tape No. 2,
4 we're on the record, 14 minutes before 12 noon.
5
MR. BAGGETT:
6
Q. Professor Hammond, I've renumbered the
7 document from -- on Shell Oil Company from
8 Charlie, C., H. Hine, M.D., with certain problems %
9 of environmental cancer in the petro le um
10 industry. It should be P-18, and I ask that
11 that be attache d to the deposition.
12
P-19 for identification can best be
13 described as a document dated January 1954
14 entitled "Benzene Physiological Properties,"
15 from Allan E. Dooley to Dr. W. E. Kuhn, K-u-h-n.
16 Professor, you saw that ye sterday for the first
17 time, did you not?
18
A. I did.
19
VIDEOGRAPHER: Mr. Baggett, your
20 microphone, please, sir. I'm hearing you fine,
21 but let's hear you better.
22
MR. BAGGETT:
23
Q. Subject to this being authenticated as
24 being a document of Texaco -- or Texas Company,
25 you did know All an E. Dooley to be a toxicologist
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
77
1 for -
2
A. He was the chief industrial hygienist
3 for --
4
Q. Industrial hygienist.
5
A. For Texaco.
6
Q. Sir, this document that I've just
7 presented to you, among other things, recognizes
8 that chronic? benzene poisoning can result from
9 repeated and continuous exposure to relatively
10 low benzene vapor concentrations, does it not,
11 sir?
12
A . It d o e s .
13
Q. Does it not also, among other things,
14 recognize that you can have chronic poisoning by
15 subthreshold exposure?
16
A . It d o e s .
17
Q. I will want the Court or jury to see this
18 as a blowup. Would you please read what Allan
19 Dooley reports here to Dr. Kuhn concerning chronic
20 po isoning by subthres ho ld exposure
21
MR. MYER: Object to this witness
22 commenting on correspondence from one party to the
23 other which he obviously did not see at the time
24 that it was written.
25
MR. SPEARS: Same objection?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
78
1
A.
"Threshold limit values represent the
2 highest concentration of material to which groups
3 of p h y s i ologically normal workers should be
4 exposed for prolonged periods with reasonable
5 expectation that as a group they would not suffer
6 health damage. A threshold limit value does not
7 imply warranty of a safe working environment. The
8 diffic ulty i^s that there are no adequate means of
9 determining who are the physiologically normal
10 person insofar as exposure to a particular toxic
11 material is concerned. Devia ti on from the
12 ph ysiological norm will constitute individual
13 susceptibility." End of paragraph.
14
Q. Do you agree and did you agree with and
15 recognize this when you were in charge of the
16 industrial hygiene p r ogram at Humble in '47
17 through the years that you were employed by Esso?
18
A. I took all of these characteristics into
19 cons ideration when I es ta blished the zero limit as
20 being the only safe one for all people.
21
MR. SPEARS: Object to that question -- I
22 mean,- object to the answer as not being responsive
23 to the question.
24
MR. BAGGETT:
25
Q. Well, let me ask the question again then.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
79
1 Did you accept this principal that chronic
2 poisoning by subth re sho ld exposures can occur in
3 the adoption of your prog ram at Humble and at
4 Esso?
5
A . I did.
6
Q. Sir, this is a recognition, is it not,
7 by Dooley and yourself that there's no warranty of
8 safe working^ conditions simply because you comply
9 with the threshold limit value?
10
MR. SPEARS: Objection. That question
11 is -- now you're ch aracterizing somebody else's
12 statements as to Dooley, who I don't think this
13 witness can testify to.
14
MR. BAGGETT: Would you read back my
15 question, please, sir?
16
MR. SPEARS: My objection is based on the
17 fact that you're asking him about Mr. Dooley.
18
MR. BAGGETT: Okay.
19
Q. Is that your in te rpretation of what
20 Dooley is saying here?
21
A. I find no objection to what Dooley says,
22 and I would say that this factor of many
23 conditions were taken into consideration by myself
24 regarding benzene as well as some other five or
25 six hundred materials that we had to evaluate.
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
80
1
Q. Sir, looking -- well, let me ask you
2 this. When you adopted a program that has been
3 spelled out here early on in your deposition and
4 in the Toxigram where you recognizee that most
5 authorities agree that in light of the present
6 knowledge the only level which can be considered
7 absolu tely safe for prolo ng ed exposure is zero,
8 is one of the reasons because you can have chronic
9 poisoning by subthreshold exposures?
10
A . Ido.
11
Q. Now, the last pa ragraph of Mr. Dooley's
12 letter or memo dated January of '54 refers to the
13 API toxicological review on benzene, gives a good
14 summary of the physiological affects of this
15 material. I believe that sets of these reviews
16 are at Port Arthur, at Beacon and in your library.
17 I'm asking you this, at the time that these
18 reviews were rendered by the Ameri c a n Petroleum
19 Company, were copies of the reviews in your
20 offices and in the offices of Humble Oil Company
21 and Esso?
22
A. Yes, they were .
23
Q. And would one of the reasons be because
24 that such articles as that were widely c irculated
25 in the American Pe troleum Institute?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
81
1
A. They were available to the petrole um
2 industry broadly.
3
Q. Sir, does good -- skipping to another
4 subject, but it may be referred to in this memo,
5 does good employee education program involve
6 educating them on the delayed effects that can
7 result from chronic exposure?
8
A. Itfs particu lar ly important to do that
s
9 for employees on insidious materials.
10
Q. It's because they could be exposed at a
11 time and not really if -- incidently, particularly
12 one that is -- that the vapors are pleasant, their
13 respiratory system doesn't act as an alarm to
14 protect them from -- or set off an alarm that
15 they're smelling an irritant, does it?
16
A. That's true. That's true.
17
Q. And if they go through pleasant
18 experiences with smelling benzene or a pleasant
19 odor, they could be being injured and not even
20 know it?
21
A. They could.
22
Q. And that is the reason why you felt it
23 was important to educate your people to that fact?
24
A . It w a s .
25
Q. Sir, the -- one of the -- P-20 for
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
82
1 identification can best be de scribed as a
2 I m emorandum from E. W. Midlam, dated August the
3 30th of 1960, to several people, one of which
4 was W. M. Cock, the other one was J. W. Crookshank,
5 another one was H. R. Smith, bearing Bates numbers
6 EW 0037252 through EW 0037259, and I ask you if -
7 well, I doubt that you've seen the first page of
8 I that before yesterday, but attached to that do you
I
s
9 recognize the API toxicological review on benzene
10 dated in 1960?
11
A. This was the second edition of the one
12 we had in 1948, I believe, yes.
13
q . Well, I'm not going to go into the
14 contents of the second edition of the API, but
15 basically did it also cover the toxicity, the
16 I toxicology, the chronic effects, the precautionary
17 I measures and the medical examinations that were
18 1 recommended for benzene-pote nti al ly- ex po se d
19 employees?
20 21 I
A. Yes, it did. q . Do you know who H. R. Smith was back in
22 1960?
23 I
a.
Yes, he was a medical investigator for
24 the Kettering laboratory in Cincinnati, and we
25 gave him remedial projects to review for us, some
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
83
1 of them which was a carry -f or war d from the work
2 that was done by Harvard under Dr. Drinker and
3 Dr. Clinton.
4
Q. Sir, I want you to know that evidence
5 will show that H. R. Smith was the plant manager
6 for Cities Service that was involved in other
7 litigation that you've been in. Was there a
8 Mr. Smith that was at the Kettering Institute?
9
A. No, it was a Dr. Smith that --
10
Q. Dr. Smith. This is an H. R. Smith. You
11 did not know him?
12
A. I did not know him.
13
MR. BAGGETT: Okay. P-20, I ask that it
14 be attache d to the deposition.
15
MR. MYERS: Same objection.
16
MR. BAGGETT: Well, I don't understand
17 what your same objection is.
18
MR. MYERS: Same objection is that the
19 documents have not been authenticated. And I
20 realize that you may have done it on another
21 proceeding, but I'm not familiar with that.
22
MR. BAGGETT: Okay. Fine. Sir -
23
MR. MYERS: And that would hold true for
24 all the objections that I've made on this.
25
MR. BAGGETT:
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
84
1
Q. Sir, I want to show you a document I will
2 mark P-21 for identification dated November 16th,
3 1970, entitled "Essential Information for the Safe
4 Handling and Use of Benzene by Operating,
5 Maintenance and Laboratory Personnel," Cities
6 Service Oil Company, Lake Charles Operation, bears
7 Bates numbers EW 0009900 through EW 0009912. This
8 is a document that's been authenticated in other
' s
9 litigation involving Cities. I ask you if you
10 have not seen that document previously, maybe in
11 connection with the Ellis case?
12
A. I also saw this document yesterday.
13
Q. All right, sir. Sir, the point that I'd
14 like to ask you about is, is not this a document
15 setting up a benzene exposure pr og ra m in 1970 that
16 was consistent with what was known and knowable by
17 the mid, early 50's or by the mid-50's, insofar as
18 safety and health was concerned?
19
A. I did not find any new material in here
20 that wasn't available in the early 1950's to the
21 petroleum industry.
22
Q. In fact, sir, I'll show you a document
23 that you've heretofore identified and produced 24 with your deposition in the Ellis case, a 25 three-page document entitled "Benzene Exposure
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
85 1 Control" -- excuse me just a second. Let me get 2 my --
3
MR. BAGGETT: Mr. Court Reporter, could
4 you give me a stamp there?
5
MR. MYERS: 22, I think.
6
MR. BAGGETT:
7
Q. I'm going to mark this document P-22 for
8 identification and ask you if you recognize that
9 document entitled "Benzene Exposure Control"?
10
A. Yes, it was one that I or my assistant
11 prepared, and it was distributed to all people
12 i n v o l v e d .
13
Q. It says in the corner here, and it looks
14 like that it might be -
15
A . T h a t 's my - -
16
Q. -- your writing, "This control program
17 was in operation by 1955 for Baytown Refinery of
18 Humble Oil & Refining Company."
19
A. It was.
20
Q. Is that a fact, sir?
21
A. Y e s , it i s .
22
Q. And this pr ogram addressed control
23 measures in the manufacturing units?
24
A . It d i d .
25
Q. They're spelled out and numbered in this
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
86
1 document, are they not, sir?
2
A. They are.
3
Q. It spelled out control measures for
4 limiting exposure in the shipping areas?
5
A . It d o e s .
6
Q. Did it also spell out in the refinery
7 streams that you determined the benzene percentage
8 in selected streams?
9
A. We did.
10
Q. Did you also, by 1955, determine for
11 streams with 5 percent or more benzene that you
12 recommended the control items that are set forth
13 here for the benzene unit?
14
A. I did.
15
Q. Did you also for streams with 2.5 to 5
16 percent benzene investigate and determine exposure
17 potential ?
18
A. We did.
19
Q. And then, of course, you directed -- as
20 a part of this control you had routine control of
21 samples in the laboratory, and you spelled out how
22 you did that, did you not?
23
A. We did.
24
Q. When it came to medical and industrial
25 hygiene, you spelled out, did you not, the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
87
1 physical examinations, the preemployment and the
2 periodic examinations afterwards?
3
A. All of those employees was on that list
4 for a special examination.
5
Q. And that included urinary phenols and who
6 was subjected to those type of regular studies?
7
A. They were.
8
Q. And also you had air monitoring in the
s.
9 different areas, and you covered the frequency
10 that that would be done and how it would be done?
11
A . It w a s .
12
Q. Sir, I guess what I'm asking you is, is
13 this, in your opinion -- did it represent a state
14 of the art prog ram for the control of benzene
15 exposure that was in effect and that you had put
16 in effect by 1955?
17
A . It d i d .
18
Q. Do you see anything -- a reason why or do
19 you know of any reason why any person involved in
20 the refinery business would not have been able to
21 comply with those practices and standards that
22 you've set out in that document?
23
MR. SPEARS: I object to that question,
24 Bill. That's calling for speculation to what
25 persons you're talking about. You're asking him
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
88
1 to speculate about what other companies could or
2 could not do.
3
MR. BAGGETT:
4
Q. Well, based on the state of the knowledge
5 that was available through the American Petroleum
6 Institute and in the petroleum industry, do you
7 know of any reason why any refinery wanting to
8 protect their employees from benzene exposure s
9 could not have adopted a program as set forth
10 there?
11
A. I do not know any reason why they
12 couldn't have adopted it.
13
Q.
Sir, in your opinion by 1955 was the
14 type of program that you have set forth in this
15 document -- did it comply with the industrial 16 standards that were recognized in your profession?
17
A.
Yes, those -- they did comply.
18
Q.
Were they state of the art standards?
19
A.
They were state of the art, yes.
20
Q.
Now, is this -- this pr og ra m that is set
21 out there, in addition to that, did it involve
22 education?
23
A. It did.
24
q . And it certainly, as you said while ago,
25 it involved measuring the concentrations of vapor
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
89 1 in the air, that that should be checked regularly
2 in locations where the possibility of excess
3 exposures may have been encountered?
4
A. Yes, it does.
5
Q. And in your opinion, sir, if a company
6 did not educate its employees of the adverse
7 health effects of benzene and the hazards of
8 benzene by the m i d - 5 0 ' s, did they fail to comply
11 s
9 with the recognized health and safety standards
10 of that time?
11
A. I do not know of any meth od they could
12 have complied with this state of the art without
13 being - - carrying out this much of a pr ogram for
14 the control and education of the employees.
15
Q. All right, sir. If the -- if a company,
16 in your opinion, did not do measu ri ng of air
17 concentrations of vapor in the -- I mean, of
18 benzene vapor in the air regularly in locations
19 where the possib il ity existed of excessive
20 exposures, in your opinion were they -- did
21 they fail to comply with the recognized health
22 and safety standards of that time?
23
A. They were in - - yes, they were in fault
24 or error not doing that. And also I would like
25 to emphasize that it's necessary to do urinary
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
90
1 sulfate ratios or ur in ar y phenols to be able to
2 make sure that there wasn't some unknown sources
3 of exposure.
4
MR. MYERS: I'm going to object to his
5 comment as to fault and comment as to what he
6 believes should be the standard. The fault is
7 up to the trier of fact.
8
MR. SPEARS: I agree with that. The
s
9 same objection, and I also object to the
10 no nr espon sivene ss of the answer.
11
MR. BAGGETT:
12
Q. Well, let me just ask you this. You have
13 set out what your benzene control program was in
14 1959 at the Baytown Refinery, and that included
15 design, that included deter mi na tio n of benzene
16 percentage in selected streams, it included
17 control measures for the laboratory, it included
18 medical and industrial hygiene, which included
19 the phenols and the air monitoring. Sir, in your
20 opinion if any company did not do those things set
21 forth in P-22 by the mid-55's were they failing to
22 comply with the state of the art knowledge that
23 existed in the petrol eu m industry?
24
A. They were deficient.
25
Q. Now, and by 1960 if a company were
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
91
1 subject to the Department of Health -- Department
2 of Safety and Health regulations of the
3 W a lsh-Healey Act, if they were not complying with
4 these benzene exposure controls that you had in
5 1950, in your opinion were they failing to comply
6 with the provisions of the Walsh-H ea le y Act?
7
MR. SPEARS: I'll object to that question
8 as being extremely vague as to -- Bill, you're not
9 indicating what part of the Wa ls h- Hea le y act is he
10 talking about. You're not indicating that this
11 man even knows what the Walsh-H eal ey Act is.
12
MR. BAGGETT:
13
Q. Sir, do you know whether or not the
14 W a lsh-Healey Act required air monitori ng in places
15 where people have potential exposure to benzene?
16
A. They required that you be completely
17 aware of all exposures and the extent of the
18 exposure which would require air monitoring.
19
Q. And if you didn't do air monitoring and
20 didn't have the facilities or equipment to do it,
21 didn't have the personnel to do it, then you
22 couldn't comply in 1960 with those provisions of
23 the W a l sh-Healey Act, could you?
24
A. In my opinion I don't see how they could
25 have .
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
92
1
Q. And the same thing would comply in 1972
2 with the Walsh -- with the OSHA regulations, if
3 you didn't have air monitoring of potentially
4 exposed people, there was no way that you could
5 know what they were being exposed to, could you?
6
A. There was no other metho d I could think
7 of.
8
Q. Sir, did you warn business guests of the
' s
9 presence of benzene vapors in areas where they may
10 be encountered at your facility?
11
A. We actually put them in the classrooms if
12 they were going to come in to work for us as
13 contract employees and gave them the same type of
14 education that we gave our own employees. And our
15 safety inspectors also enforced that type of
16 action and safety precautions on that -- on the
17 part of the contractor.
18
Q. This Toxigra m dated in 1958 marked
19 Plaintiff's Exhibit No. 13, was that the type of
20 warning that you issued to purchasers of benzene
21 product?
22
A. This was pr imarily made for the education
23 of the purchase rs that were inquiring about buying
24 benzene from us.
25
Q. Finally, sir, I'd like your opinion based
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
9 3 1 on the American Petroleum Institute data, the
2 safety data, the chemical manufacturing data that
3 we've referred to, did you -- do you have an
4 opinion whether or not those are notices that
5 should have triggered warnings to the users and
6 manu facturers of chemicals containing benzene that
7 there was a hazard associated with those products?
8
A. Ih's very clearly point ed out by those
9 organizations that it's -- as well as many others,
10 such as governmental agencies, that it's a very
11 dangerous operation.
12
Q. And back before 1955 that literature was
13 readily accessible and widely distributed among
14 the America n Petroleum Institute members, was it
15 not?
16
A. It w a s .
17
MR. BAGGETT: I have no further
18 q u e s t i o n s .
19
MR. FREEMAN: Are we going to get lunch,
20 or what's you gentlemen's pleasure? It's 12:11.
21
MR. BAGGETT: We're off.
22
V I D E O G R A P H E R : Off the record, 12 minutes
23 after 12 noon.
24
[Discussion off the record]
25
VIDEOGRAPHER: On the record, 20 minutes
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
94
1 after 12 noon.
2
MR. BAGGETT: Gentlemen, I've got two
3 other questions I need to ask the professor that
4 I thought of before I - -
5
Q. Professor, back in the 40's was
6 industrial hygiene audits or surveys available to
7 members of the A m e rican Petroleum Institute or to
8 anyone, so far as that's concerned, that you know
9 of?
10
A. I assume they would be consultant firms.
11
Q . Yes, sir.
12
A. Such as the Industrial Hygiene Foundation
13 that was establ ish ed at Malone Institute by
14 Dr. Drinker, and they had some qualified people.
15 One of my former teachers from Harvard, Wesley
16 Hemeon, was there, and he headed up that group.
17 And associat ed with him was several good
18 industrial hygienists, and they did extensive
19 surveys of the p e t r oleum industry. For example,
20 they did the surveys for the Standard Oil of New
21 Jersey, not only for the American refineries,
22 except for ours in Baytown. They did it for
23 Baton Rouge and Bayonne and Everett and Charleston 24 that I know about, and those pu blications are 25 available. And some of them, the last one I
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL L U M & ASSOCIATES, INC.
95
1 suppose that was done was in the year of 19
2 Baton Rouge in 1949.
3
Q. Sir, in that connection have you
4 not prev iously furnished to us a copy of the
5 industrial hygiene survey of the Baton Rouge
6 refinery dated April of -- February and April
7 1949 rendered by the Industrial Hygiene Foundation
8 of Ameri ca for your company?
9
A. Yes, for the Esso Eastern Company.
10
Q. I ask that that be marked P -- what's the
11 next document?
12
MR. FREEMAN: 23.
13
MR. MYERS: 23.
14
MR. BAGGETT:
15
Q. P-23 for identification. You recognize
16 that, sir, as being a voluminous -
17
A. Comprehensive.
18
Q.
-- comprehensive industrial hygiene
19 survey that was made before -- this was probably
20 before you were able to hire or had a resident
21 industrial hygienist at --
22
A. This was before Mr. Venable reported
23 there. Now, the individual who came down because 24 they were friends as well as peers of mine, Hemeon 25 and Morgan, they came down and spent two or three
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
96 1 weeks with me regarding industrial hygiene
2 problems that I had uncovered in the Baytown
3 refinery and how I was handling them before they
4 started out in 1948, to make the survey.
5
Q. Sir, the point I want to make is, is
6 that anybody - - was it known by you that the
7 services of industrial hygiene audits or surveys
8 was available through -- through the American
9 Petroleum Institute?
10
A. The Medical Advi sor y Committee discussed
11 these individual surveys from time to time.
12
Q. All right, sir. Sir, finally in
13 connection with the insidious nature of benzene
14 as a toxic product, is there a recognition on
15 your part as an industrial hygienist that even
16 utilizing a T L V , whether it be -- that the odor
17 threshold before one can even begin to detect the
18 presence of benzene, that the odor threshold is
19 higher than the TLV's were, say, in the 5 0 ' s when
20 they were 35 parts per million or 50 parts per
21 million?
22
A. Yes, that was true, that they were
23 dangerous exposures without the workers being
24 in any way alerted to the fact that they were
25 being exposed to dangerous concentrations.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL LUM & ASSOCIATES, INC.
97
1
MR. BAGGETT: Thank you. I have no
2 further questions.
3
MR. FREEMAN: Before we start, can you
4 read back that last answer? I had a little
5 difficulty following it, please.
6
[The record was read as requested]
7
8
9
10
EXAMINATION BY MR. SPEARS
11
12
Q. Professor Hammond, I introduced myself
13 earlier. I'm Ken Spears. I represent several of
14 these oil companies in connection with this case.
15 First of all, Professor Hammond, let me -- let's 16 go back a bit in your work history. I'd like to 17 ask you some questions. And I have -- I've read 18 all the depositions that you've given before, 19 Professor Hammond, so I'm somewhat familiar with
20 your work history, but I want to ask you in 21 Massachusetts, when you worked in Massachusetts,
22 what, year was that?
23
A . '41 and '42.
24
Q. And who were you working for?
25
A. I was working for the Divis io n of
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
98 1 Occupational Diseases in the state labor
2 department.
3
Q. All right. And in connection with
4 working for that company, there was established -
5
A. It was a state organization.
6
Q. I'm sorry. In connection with working
7 for that state organization at that particular
8 time, there was established, was there not, a TLV
9 for benzene of a hu ndred ppm; is that correct?
10
A. That was suggested, yes, by an
11 organizat ion of the Ame ri can Standards Association
12 and others that had looked at the these values.
13 And part icularly down in Connecticut there was a
14 fellow by the name of Warren Cook and you'll find
15 that he had issued a list of chemical substances
16 and suggested TLV for them, and that -- that was
17 the prevaili ng value.
18
Q. For the benefit of the Court, the jury or
19 the Court, would you tell us what a TLV is, sir?
20
A. TLV stands for threshold limit value that
21 is described as being the concentration of vapor
22 in the air that should not ever be exceeded by --
23 to exposure to any employee.
24
Q. Okay. And it's your testimony that when
25 you went to work for this agency in Massachusetts,
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
99
1 the general recognized TLV in the industry as such
2 among people like yourself was 100 ppm for
3 benzene ; is that correct?
4
A. That was the goal that we had in working
5 t h e r e . I was just telling you that it was hard to
6 get the industry to attain those l e v e l s .
7
Q. All right.
8
A. Even then.
9
Q. O k a y .
10
A. At that time.
11
Q. Nevertheless, that was your goal and the
12 goal of the agency that you worked for, to get to
13 a TLV o f 100 ppm; is that correct ?
14
MR. BAGGETT: Jim, we're talking about in
15 1937 . 16
MR. SPEARS: When he went to work -
17
A. 1941.
18
MR. SPEARS:
19
Q.
'41?
20
A. No, because my supervisor was Dr. Harvey
21 Elkins, and he had made enough measurements both
22 in terms of air concentrations and also the
23 urinary sulfate ratio that he was suggesting a
24 m a ximum of 75 parts per million. And also
25 Dr. Hunter worked with us and because we did some
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
100 of his field work investigating exposure, and he was already written that for susceptible people it had to be down to zero to protect them. I was aware of it, and that is when I formed my foundation and my position on concentrations. So I didn't accept the TLV value as being acceptable.
Q. All right. Professor Hammond, just for clarification, when you went to work in the 1940's for this agency in Massachusetts, am I correct in stating that the agency's position on acceptable TLV's for benzene was a hundred ppm; is that correct ?
A. That was the lowest value that the. state department of labor could enforce.
Q. All right, sir. And someone you mentioned had indicated in an article that a hundred ppm was too high and perhaps 75 ppm would be more acceptable; is that correct?
A. Yeah, just from reasoning that they had seen some -- he had seen some cases where in measuring the concentration in the plants he had also seen some damage that had occurred where the average concentration had only been 75 parts per million, but he saw -- Dr. Harvey Elkins and his -- and I,was one of his members of his team -
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
101
1 had actually measu re d 75, but we also found some
2 medical cases where there had been injury by that
3 concentration.
4
Q. All right, sir. And when -- again, for
5 the benefit of the court and for laypeople on the
6 jury, when you're talking -- when we're talking
7 about a hundred ppm TLV or 75 ppm TLV, we're
8 talking about an eight-hour work exposure; is that
' s
9 correct ?
10
A. That's a co nc entration that's really
11 valued on an average throughout a 40-hour week.
12
Q. All right. It's based on a 40-hour week
13 of continuous exposure of a certain ppm; is that
14 correct ?
15
A. Not to exceed that amount. Now, this
16 exposure, as you know, in practice would vary up
17 to 75 and then also wave on down so that your
18 average -- we found that if you should analyze it
19 average would be about 60 percent, would be more
20 likely the actual 40-hour week.
21
Q. Okay.
22
A. Because of the varia ti on in the
23 c o n c e n t r a t i o n .
24
Q. Again, and I guess I'm not making myself
25 very clear, Professor Hammond, but correct me if
"
SHAWN KELLEY, TEXAS CSR 3448
NELL M C C ALLUM & ASSOCIATES, INC.
102
1 I'm wrong, it's true, is it not, that when we're
2 discussing threshold limit values, TLV's and ppm's
3 for workers in the workplace, we're talking -- at
4 least in the 40 ' s when you were working in
5 Massachusetts we're talking about individuals who
6 came into contact with benzol on a regular basis
7 for a 40-hour week; is that correct?
8
A . T h a t 's r i g h t .
9
Q. All right, sir. In other words, even
10 in 1947 when you were working in Massachusetts,
11 whateve r year that was - -
12
A.
'42 .
13
Q.
'42. Thank you, sir.
14
A. Yeah.
15
Q. A person such as myself or you or any
16 ordinary individual, if he happened to walk -
17 walk near an area where there had been a benzol
18 spill and for one or two minutes was exposed to
19 say a hundred ppm and then walked off and did the
20 rest of his job, that was not the type of exposure
21 that would give you any concern, was it?
22
A. It would not have if he had no further
23 e x p o s u r e .
24
Q. Okay. In other words, the TLV and the
25 ppm deals with chronic exposure, as opposed to
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
103
1 acute exposure; is that correct?
2
A. Ordinarily the chronic exposure produces
3 this irreversible damage to bone marrow, whereas
4 you don't get that effect in just one short-term
5 exposure.
6
Q. Okay. After you left the agency in
7 Massachusetts, is that when you went to work at
8 Humble? ' s.
9
A. No, I didn't go there. I was a
10 commissio ned officer in the United States Public
11 Health Service, and I served during the years
12 of -- the war years at assignment, and usually I
13 was assigne d to some state or some agency such
14 as that to enforce - - help them enforce the
15 regulations that they had pertaining to control
16 of e x p o s u r e .
17
Q. All right, sir. Can you tell me -- tell
18 the Court, please, how the TLV of benzene evolved,
19 please, from a hundred ppm when you went to work
20 in Mass achusetts to what it was when you - - what
21 was accepted in the industry, what was the
22 standard when you went to work for Humble?
23
MR. BAGGETT: Excuse me, Ken. This may
24 be of help to you, this document, but you're
25 referring to a TLV in '46 and in the 4 0 ' s when
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
104
1 there was no such thing. It was a maximum
2 allowable concentrate, I believe.
3
THE WITNESS: Well, m a x i m u m is what
4 I'm speaking of, because that was a ma ximum
5 concentration.
6
MR. BAGGETT: This may be of some help
7 to you if you want to use it. It sets out the
8 history of the threshold limit values.
s.
9
MR. SPEARS: But -- thank you, Bill.
10
MR. BAGGETT: And I'm sorry if I'm
11 interrupting you.
12
MR. SPEARS: That's okay.
13
MR. BAGGETT: I'm just trying to be of
14 help .
15
MR. SPEARS:
16
Q. And when I asked you the question about
17 in Massachusetts, when I used the term T L V , that's
18 how you und ersto od it in Massachusetts in the
19 4 0 ' s , is it not?
20
A. No, I answered more M.A.C., ma ximum
21 allowable concentration. That was what we -
22 now, this is very important, because the state
23 department of labor could not enforce a
24 concentration less than what they have there,
25 and it was therefore -- the importance was in
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
105
1 pollu tion -- I mean, in enforcement, such as
2 you would have with setting a speed limit and
3 enforcing it as being one or another. Now, they
4 might -- as you know, it might be that you
5 wouldn't be able to drive as fast as your -- as
6 the speed limit would be, but they couldn't -
7 and if you drove faster than what was actually
8 safe, but they couldn't enforce that patrol, and
' s
9 that's the same way with the state department of
10 h e a l t h .
11
Q. Well, Professor Hammond, when you went to
12 work with Humble --
13
A. 1947.
14
Q. -- what was the generally accepted TLV or
15 M.A.C. for benzene among your peers, any agency
16 that you recognize among your peers? What was
17 that?
18
A. Does that not show you the year that it
19 was reduced to 35?
20
Q. I'll show you the document.
21
A. Let's see, I think it's taken from the
22 TLV.
23
MR. BAGGETT: I'll ask that this be
24 marked P-24 for identification.
25
MR. MYERS: Let's identify what it is.
' SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
106
MR. SPEARS: Q. DO you recognize that document?
A. Thres hold limit values, TLV s, a
this was the occupational Safety and Health Administration, and it was established by the Am ericann rCnonnfreerreemn-cce of Go vernmental Industrial
Hygienists.
q . Ail right, sir.
A
And in 1947 it would have been 50 parts^
per million, and 1948 it was cut to 35 parts per
million. q . All right, sir.
The document that's been
m arked 24. I believe, by Mr. Baggett makes
reference to the ACGIH, does it not? A. Ame rica n Conference of Government
Hygienists, yes.
Q
All right.
The Ame ri can Conference of
Gove rnmen tal Industrial Hygienists, also known as
the ACGIH, is a very w e l l -respected organ
is it not? A. It was the best
best of the industrial
hygiene group organizations, yes.
Q . in other words, this organization was
-Mice vourself. Weren't you a made up of people like your
member?
107
1
A. Yes, I was a member after I had gone to
2 teaching in the last - - so that would have been in
3 the year of 19 -- I became eligible, and these
4 were all governmental or educational, nonindustry
5 members, and I became eligible in 1978 and took
6 part in it.
7
Q. Okay, sir. But when was the American
8 Conference of Governmental Industrial Hygienists
5 s
9 formed?
10
A. It was formed in 1936, I think, or '37.
11
Q. All right, sir. And those -- those
12 individuals who formed that agency and today, up
13 until today, are industrial hygienists; is that
14 correct ?
15
A. Along with -- let me supplement to say
16 there a lot of physicians that are members of 17 that, and they're looking at it from a medical
18 standpoint, and there are a lot of strictly
19 toxicologists who are experimenting and they are
20 not industrial hygienists inasmuch as they do not
21 go out into plants and fields and make tests.
22 They actually work with animals primarily.
23
Q. Is it safe to say that the ACGIH was
24 composed of individuals who were dedicated to
25 informing industry about the dangerous
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
108
1 propensities of various chemicals or toxic agents?
2
A. They were the best authorities we had.
3
Q. All right. And this 100 M.A.C. that we
4 referred to when you were working in Massachusetts
5 in the 4 0 ' s, that was est abl is hed based on input
6 from the A C G I H , was it not?
7
MR. BAGGETT: Well, I think to be precise
8 we would have to refer to 1946. And this is a
9 document that will be authenticated by Frank
10 P a r k e r .
11
MR. SPEARS:
12
Q. Well, my question, Doctor -- Professor
13 Hammond, you u nderstood what I was asking you, do
14 you not?
15
A. Not in terms of -- you were giving them
16 certain authori tat iv e -- giving them authoritative
17 type of government enforceable limits, and these
18 are the limits that would be enforceable by the -
19 a state agency, wh ether it's the department of
20 health in some states and department of labor in
21 some states, that they could actually take an
22 employer to court and force him to reduce the
23 concentration if it didn't come down to a hundred 24 parts per million, and that was for that
25 particul ar year. Then as it came on down, the
SHAWN KELLEY, TEXAS CSR 3448
'
NELL MCCALLUM & ASSOCIATES, INC.
109
1 more restrictive, then that was what the
2 inspectors from the government agency could
3 enforce, and that's where it came about.
4
Q. Professor Hammond, what I'm trying to
5 emphasize, and correct me if I'm wrong, but the -
6 either the threshold limit value or the maximum
7 allowable concentration for benzene vapor for a
8 worker in a 4 0 -hour week has evolved downward
s.
9 since 1941, has it not?
10
A. It surely has, down to zero now.
11
Q. All right, sir. Well, I want to ask you
12 that, sir. What does the Amer ica n Conference of
13 Go vernmental Industrial Hygienists recommend as of
14 today, sir, for threshold limit value ppm for
15 benzene on an eight-hour day?
16
A. In the 1993 booklet it's one part per
17 m i l l i o n .
18
Q. All ri g h t . So it's not zero, is it?
19
A. W e l l , y o u 've got --
20
Q. Is it zero?
21
A. W e l l , it's not z e r o , because that cannot
22 be detected in - - normally in the air such as this
23 room or out there in the street we're going to
24 have around one part per million.
25
Q. The fact of the matter, Professor
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
110
1 Hammond --
2
A. It's the least detectable amount.
3
Q. The fact of the matter, you cannot reduce
4 benzene exposure to zero in any work environment,
5 can you, sir?
6
A. No more than the fact that we still have
7 some cases of leukemia and people don't have any
8 record of having ever worked in benzene e x p o s u r e s .
s '
9
MR. SPEARS: I object to the answer as
10 not being responsive.
11
Q. I'm going to ask you again, Professor
12 Hammond. In the workplace, and I'll give you the
13 Exxon refinery as the workplace that you're very 14 familiar with, is it possible to reduce benzene
15 exposure to zero to every worker in that work
16 place, based on the technology that you know of?
17
A. You have just stated a basic fact, and
18 the other answer to that is that's the reason
19 you have to have medical surveillance of these 20 employees, because there's so much difference in 21 their susceptibility, and if you find a person 22 that has none detectable exposure as far as the 23 instrumentation is concerned, and he shows changes 24 in the blood picture and he's an employee where 25 he might have some benzene around, unusual, then
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
111
1 you have to remove him to some other position, and
2 we did that regularly.
3
MR. MYERS: Let me object to the
4 responsive nature of the question.
5
MR. SPEARS: Wit h all due respect, sir, I
6 would object to the responsiveness of the
7 question. I'm going to ask you -
8
MR. BAGGETT: Well, gentlemen, I've got
s s.
9 to say if y 'all are going to put that type of
10 comment onto the record, I think it is responsive
11 and I think he's entitled to explain his answer.
12
MR. SPEARS:
13
Q. Professor Hammond, I'm going to ask you
14 to give me a yes or no.
15
MR. BAGGETT: You don't have to do that.
16
A. I can't do that. I can't do that.
17
MR. BAGGETT: I want to object to that
18 i n s t r u c t i o n .
19
A . I c a n 't do i t .
20
MR. BAGGETT: He can give a yes or no and
21 then explain it, and that's just what he did.
22
MR. SPEARS: Well, let me explain it -
23 let me get this on the record. Are you telling
24 this witness not to answer me yes or no, Bill?
25
MR. BAGGETT: I'm saying that he doesn't
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
112
1 have to, that he can answer you yes or no and then
2 explain it.
3
MR. SPEARS: Under what provision of the
4 Louisiana Code of Civil Procedure are you telling
5 me that this witness cannot answer yes or no?
6
MR. BAGGETT: I didn't say that he
7 doesn't have to answer you yes or no.
8
MR. SPEARS: Thank you.
9
MR. BAGGETT: I'm saying that he's
10 entitled to explain it.
11
MR. SPEARS:
12
Q. Professor Hammond, if the question is
13 capable of a yes or no answer, will you give me
14 a yes or no answer, sir?
15
A. If that's the only thing required without
16 an explanation.
17
Q. All right, sir.
18
A. The jury must understa nd what we are
19 discussing and what the problems is, and I'm
20 trying to think of them and --
21
Q. Well, Professor Hammond, you just answer
22 my questions, please, and we'll let the jury
23 decide what they want to be decided. Try not to
24 be an advocate, if you would. Just answer the
25 q u e s t i o n s .
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
113
1
MR. BAGGETT: I'm going to object to your
2 comments.
3
MR. SPEARS: All right.
4
Q. Professor Hammond, when you went to work
5 at Exxon -- and what year, sir, was it?
6
A. 1947.
7
Q. All right, sir. Was there benzene
8 present in the Exxon operations when you went to 1 s
9 work at Exxon?
10
A . There was.
11
Q. All right, sir. Tell me every place that
12 benzene was in at the Exxon facility when you went
13 to work. List them for me.
14
A. When I went through making a
15 reconnaissance survey, which is a walk-through, I
16 discover ed that the benzene was being used in
17 dewaxing of oils, and that was the method at the
18 ketone benzene procedure that had been developed
19 by Texaco. And to do that, use their method, we
20 had to use whatever they recommended or else they
21 wouldn't guarantee it. So, but I immediately saw
22 i t , and I went directly to my management and said
23 we cannot use that benzene as a product, because
24 we 're not going to be able to control it #
25
Q. All right, sir.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
.
114
1
A. And so, let me tell the you the rest of
2 the story. It's real important. They began in
3 research and they found out that toluene would do
4 just as effective as benzene and even better.
5
Q.
I'm going to stop you now, Professor
6 H a m m o n d , because my quest io n --
7
A. And we never - -
8
Q.
Professor Hammond, listen to me.
' \
9
A. I'm just saying --
10
Q. No. No, sir.
11
A. I'm giving you the answer.
12
Q.
I understand. My question to you was
13 where in the Exxon refinery was benzene? I'm not
14 asking you about toluene or what you did. Do you
15 un derstand my questions?
16
A. I told you.
17
Q. Am I -- am I not being clear when I ask
18 you? Tell me if it's not clear. Okay, sir?
19 Where was benzene present at the Exxon refinery
20 when you came to work?
21
A. I've already answered you.
22
Q. You said the dewaxing unit?
23
A. T h a t 's r i g h t .
24
Q.
Is that the only place, sir?
25
A. That's the only place that was
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
115 1 detectable.
2
Q. All right, sir. Did Exxon refine crude
3 oil, sir?
4
A. They did.
5
Q. Was there benzene in crude oil when you
6 went to work for Exxon, sir?
7
A. I'm sure that there was. It depended on
8 the part icular field you produced it from.
11 s
9
Q. How would you know if there was?
10
A. Well, we meas ure d and we developed
11 techniques to measure it everywhere.
12
Q. When you went to work at Exxon, were
13 you aware that there was benzene in crude being
14 refined by Exxon?
15
A. Not in any concentration that would be
16 where it -- because it was internal and inside or 17 enclosed equipment it wasn't ve nt ed out in the 18 a i r .
19
Q. I didn't ask you whether it was vented in
20 the air, sir. I'm asking you were you aware when
21 you went to work for Exxon for the first time that
22 Exxon crude oil products contained benzene, yes or
23 no? Were you aware of it?
24
A . Oh, I was.
25
Q. How were you aware of it, sir?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
116
1
A. Because I talked to the laboratory people
2 that were making an analysis of these crudes, and
3 they could tell me -
4
Q. All right, sir.
5
A. -- which one was higher and which one was
6 lower or which one was negative.
7
Q. And what was the benzene content of the
8 crude oil being used by Exxon at the refinery,
9 say, in Baytown?
10
A. I don't have any answer to that. We used
11 crude from hundreds of fields and foreign crude as
12 well as domestic crude, and you'd have to ask me
13 which par ticul ar field, which particular -- and if
14 that record would be back in the laboratory, I
15 would refer you to go back there.
16
Q. Well, do you recall what percent of
17 benzene was contained in any particular crude
18 being used by Exxon at the time that you started
19 working there?
20
A. It would never be measured in percent.
2 1 It would be measur ed in terms of parts per
22 m i l l i o n .
23
Q. All right, sir. Do you recall any of
24 those?
25
A. No, I do not.
'
SHAWN KELLEY, TEXAS CSR 3448
NELL MCCALLUM & ASSOCIATES, INC.
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1
Q. Wou ld a -- when you went to work for
2 Exxon, did you consider an individual working in
3 the refinery who may be handling the crude oil as
4 being a person potentially exposed to benzene,
5 sir?
6
A. Not unless I was aware of the area he was
7 working in, how he could have been working with
8 fractions of the crude oil and all that, but we ' *v
9 went through the refinery and analyzed all that
10 and you'll find it in my -- my pub lic at ion there
11 that I summarized.
12
Q. Well, I looked at your publication, but
13 that's dated 1955.
14
A. I say we were doing that already in 1955
15 and before, but I just brought it together in
16 about that time to say these are definitely what
17 we wanted all employees to know and all management
18 to know at that time. That was for their
19 education, not for mine.
20
Q. All right. There was -- when you went
21 to work at Exxon, Exxon was using benzene as a
22 solvent ?
23
A. Never been used as a solvent except for
24 this patented process that Texaco put in, and we 25 didn't do it after I went in and went through the
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
118
1 plant. We didn't buy any more benzene.
2
Q. When you arrived at Exxon -
3
A . T h a t 's r i g h t .
4
Q. -- you deter mi ne d that Exxon was using
5 benzene as a solvent in its operations and you
6 eliminated it, is that what you're saying?
7
A. Yeah, and that was a brand new unit,
8 probably hadn't been operating over a month or so
9 when I got there.
10
Q. So the people that -- the people that
11 initiated that process of using benzene as a
12 solvent before you got there were doing something
13 that you thought was dangerous; is that correct?
14
A. I put a stop to it, too.
15
Q. So Exxon was acting dangerously before
16 you got there; is that what you're saying?
17
A. Well, yes, and I contribute that to the
18 people who developed the process, which is Texas
19 Company, Texaco.
20
Q. But who was the industrial hygienist that
21 was there when you got there, sir?
22
A. There was none. I started the first
23 industrial hygiene progr am in the world in the
24 pe troleum industry.
25
Q. Well, who was acting as that, as an
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
119
1 industrial hygienist?
2
A. E. Q. Camp had a group of chemical
3 engineers and chemists that worked on these 4 problems, because during the war we produced a
5 lot of toluene, we prod uce d a lot of xylene and
6 synthetic rubber and so forth and all of those
7 people had a potential exposure to aromatics, and
8 to cover the case they were all included in the
s
9 same program that we had now for benzene, because
10 they thought all aromatics, such as toluene and
11 xylene and related materials, were as dangerous as
12 b e n z e n e .
13
Q. All right, sir.
14
A. And I straigh te ne d them out on that.
15
Q. Okay. When you started work for Exxon -
16 I'm going to go back to this -- you me ntioned the
17 dewaxing unit as being a source of benzene. Is
18 this the process that you're talking about that
19 Texaco initiated or gave to Exxon?
20
A. That's right. That'scorrect.
21
Q. All right, sir.
22
A. But if you go through the world today
23 and look at those units, none of them use benzene,
24 because we demonst ra te d that you could substitute
25 a safe material for that.
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1
Q. Okay, sir. How many employees are
2 employed say at the Baytown refinery when you
3 were working for Exxon, sir?
4
A. At one time there were in the range of
5 fifteen to sixteen thousand employees.
6
Q. All right, sir. Now, other than office
7 personnel, sir, I'm not asking you about office
8 personnel, of the fifteen to sixteen thousand of
9 them, how many of those people actually worked
*
10 what I would call inside the area of the refinery
11 at any part of the refinery?
12
A. It would be strictly a guess on my part.
13
Q. A p p roximately how many, sir?
14
A. I'd estimate at three -fourths of those
15 would have been in the plant from day to day, 24
16 hours a day, seven days a week.
17
Q. About 10,000 people roughly?
18
A. 12,000, I would say.
19
Q. All right, sir. In your opinion, sir,
20 while you were working for Exxon, were all 12,000 21 of those individuals who worked inside your
22 refinery exposed to unsafe levels of benzene?
23
A. I would say there would be -- the group
24 that was working in the dewaxing program would
25 have been -- the m a ximum would have been 25
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
121
1 people.
2
Q. Okay, sir.
3
A. That's the only ones that had any
4 hazardous exposure.
5
Q. Okay, sir.
6
MR. FREEMAN:Excuse me, you said 25
7 people?
8
THE WITNESS: 25 people.
's
9
MR. SPEARS:
10
Q. And that's -- thank you, Professor
11 Hammond. That's the point I was making, of the
12 ten or twelve thousand people wo rking in the
13 Baytown refinery, the people that you would be
14 concerned with as far as for exposure to benzene
15 were the 25 some-odd people wo rking in the
16 dewaxing unit; is that correct?
17
A. At that time, yes, but we expanded the
18 operations so that it became several hundred.
19
Q. Okay, sir. At no time did you feel that
20 all ten or twelve thousand people working in your
21 refinery were exposed to unsafe levels of benzene,
22 did you?
23
A. I'll go back to my original statement,
24 that these were the only ones I detected by
25 w a l k - t h r o u g h .
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
122
1
Q. Okay, sir. Wh en you walke d through your
2 refinery, who were the people that you determined
3 might be exposed to benzene vapors? Now, you
4 mentioned the people in the dewaxing unit. Who
5 were the people or what work craft would you
6 consider as being a craft that would be
7 potentially exposed to benzene vapors as you
8 walked through a refinery? And I'm talking about
s
9 your refinery, the Exxon refinery.
10
A. Only that one unit.
11
Q. All right, sir. And which unit was that?
12
A. A dewaxing unit.
13
Q. You were not concerned, were you not,
14 with, say, pipe fitters or boilermakers who were
15 working in other units other than the dewaxing
16 unit about their levels of exposure to benzene,
17 were you?
18
A. To answer you to say that to be able to
19 walk through and make an evaluation of an exposure
20 you have to be professionally trained in this
21 field.
22
Q. Yes, sir. Yes, sir. My question -
23
A. So I was trained in the field, and I knew
2 4 what to -- what to look for and what to expect,
25 and I knew the operations of the plant, what the
SHAWN KELLEY, TEXAS CSR 3448 NELL M CCALLUM & ASSOCIATES, INC.
123
1 intermediate compounds were, what the finished
2 products were and where the original exposure or
3 the feed products came from, and I was able to
4 evaluate them.
5
Q. All right, sir. In layman's terms,
6 Professor Hammond, and tell me if I'm not being
7 clear, what I'm trying to get at, and tell me if
8 that's not correct, is that everyone who worked
%
9 in your refinery -- not everyone was exposed to
10 benzene; is that correct?
11
A. I think that
12 answering.
13
Q. Well, I want
14
A. Well, no, thi
15
Q. O k a y .
16
A. They didn't
17
Q. All right.
18
A. How would a
19 and so forth who neve
20
Q. All right, sir.
21
A.
- - i n the place -- let me explain it to
22 you, and you can put this down as my answer. I
23 walked through the plant, I looked at the
24 operations and materials they were handling, how
25 they were being exposed. If I was not satisfied
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
124
1 that I would be willing to work for a career of
2 35, 40 years in that particul ar location where
3 they were working, I then took measurements, and
4 I took measures to improve it to the point where
5 I would.
6
Q. Y e s , s i r .
7
A. Okay?
8
Q. I underst an d that. When you walked
9 through the refinery at Exxon, did you feel safe
10 walking through that refinery?
11
A. Perfectly safe, and if I didn't, then
12 just like I did in this room and there was some
13 operations that I wasn't pleased with and I
14 wouldn't be willing to work in for the rest of
15 my life, and I got busy and we tended to them.
16
Q. All right, sir.
17
A. And I used that policy all the way
18 through until my son came about 15 or 16 years old
19 and I began to worry about his occupation, I began
20 to apply that same judgment to whether or not I'd
21 want my son to go to work in that job for the rest
22 of his life. And that was the criteria I used.
23 That's the reason zero was a natural thing for me
24 for benzene.
25
Q. Does your son work in a refinery?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCAL LUM & ASSOCIATES, INC.
125
1
A. He never did work in a refinery, no.
2
Q. Did you ever take him in the refinery
3 with you?
4
A. As a visitor.
5
Q. All right, sir. Were you concerned when
6 you took him in as a visitor that he might be
7 exposed to benzene by just being in the refinery?
8
A. I was -- I had already been in there, and
V
9 I was not exposed to -- I was not -- I was not
10 concerned about my own exposure, and I said that
11 was my first criteria, but when he came along he
12 was so precious to me - -
13
Q. Sure.
14
A. -- I wouldn't want to expose him to say
15 now you go to work in this plant or that plant or
16 this operation or that operation, you see?
17
Q. Sure.
18
A. The TLV's didn't mean a thing to me.
19
Q. I've been in many refineries, Professor
20 Hammond. Not nearly as many as you, sir. But 2 1 when I walk through a refinery I get a smell.
22 It's just a -- I can't tell you what it is. I
23 just call it a hy dr ocarbon smell of a refinery 24 operation. Do you know what I'm talking about?
25
A. Yes, I do, surely do.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
126
1
Q. Is there any danger in breathing that
2 when you're walking around in a refinery?
3
A. I don't see how you would be exposed to
4 any more than just passing through, no.
5
Q. In other words, just walking through a
6 refinery, whether it's Exxon's refinery or anybody
7 else, and getting a smell of -- a hydrocarbon
8 smell doesn't necessarily mean you're being
v s
9 exposed to benzene, correct?
10
A. Well, today, because of the control group
11 about air pollution and so forth, you wouldn't
12 have that smell anymore. You don't get that.
13
Q. Are you telling me you could walk through
14 Exxon's Baytown refinery today and not smell any
15 hydrocarbons, Professor Hammond?
16
A. Yes, I do.
17
Q. You could do that today?
18
A. Yes, you can.
19
Q. And you could do that when you retired?
20
A. Oh, not -- not that long ago, but within
21 the last ten years they've had to tighten it up.
22 I'll just give you some idea about how important
23 this is. When I retired pr ofessionally there were
24 15 of us looking after all the refineries and some
25 60,000 or more employees throughout the 50
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
127
1 states. Today they have like 80 to 90 industrial
2 hygienists doing the same job with less employees
3 than we had --
4
Q. Okay.
5
A. -- when I was working for them.
6
Q. Okay, sir. Professor Hammond, what I'm
7 saying is that when you retired, which was in what
8 year, sir?
9
A . '78.
10
Q. Okay. So when you retired, at least up
11 in that point in time if you walked through the
12 Exxon refinery you would smell a hydrocarbon
13 smell, would you not?
14
A. I could detect it, yes, at certain
15 l o c a t i o n s .
16
Q. But it was not something to be concerned
17 about, was it?
18
A. Not at all.
19
Q. All right, sir. Likewise, a boilermaker
20 or a pip efitt er or any other craft who is not
21 working in the units, the dewaxing unit or the
22 benzene unit, has nothing to fear about the fact
23 that he is working in the refinery about being
24 exposed to benzene, does he?
25
MR. BAGGETT: You're talking about at his
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
128
1 refinery?
2
MR. SPEARS: Yes, sir.
3
A. Well, I think I can answer that by saying
4 after 1948, by that time we had controlled
5 exposures to lead among the painters, we've never
6 had any symptoms or any complaints of an
7 occupational disease among our many employees over
8 that 30-year period.
s
9
MR. SPEARS:
10
Q. Were you answering my question, Professor
11 Hammond, or just talking?
12
A. I was just giving you an answer to your
13 question about not being -- not -- people not 14 getting any danger or not being necessarily afraid
15 to be in the refinery.
16
Q. Okay. So it's nothing -- there's nothing
17 unusual about a boi ler ma ker just doing his job in
18 a refinery. As long as he's not around the
19 dewaxing unit or the benzene unit he's not going
20 to be exposed to benzene, is he?
21
MR. BAGGETT: Excuse me, you're still
22 confining your questions not to Cities Service -
23
MR. SPEARS: I'm talking about his
24 r e f i n e r y .
25
MR. BAGGETT: -- but to his refinery.
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
129
1
MR. SPEARS: Yes, sir.
2
A. I would limit it to the fact that he
3 could work in any of our facilities, including
4 the benzene plant, without any danger of exposure.
5
MR. SPEARS:
6
Q. All right, sir. All right. Likewise,
7 did Exxon have vessels, ships?
8
A. They had -- they had tankers.
' s
9
Q. All right, sir. Did they have tug boats?
10
A. In what particular facility and which
11 operation?
12
Q. Did Exxon have any tug boats that you
13 were aware of that plied the inland waters of the
14 Gulf Coast?
15
A. I don't know that we had any tug boat
16 operators. We had tanker operators, and they came
17 in for special examinations and so forth, but tug
18 boats, I think we contracted most of them.
19
Q. Okay, sir. All right. Did -- have you
20 been told by Mr. Baggett or anybody else what this
21 partic ular case is about that we're here today
22 for, that being the Joseph Hebert lawsuit, sir?
23
A. No, I'm not familiar with it.
24
Q. All right, sir. No one told you that
25 Joseph Hebert was a boat captain, a tug boat
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
130
1 captain for most of his life who plied the waters
2 of the Gulf Coast?
3
A. I didn't know any more than he was a
4 captain on what I would call marine operations
5 and so forth.
6
Q. Were you aware, sir, that he picked up
7 and loaded and off-loaded crude oil products,
8 condensate and sometimes gasoline from various
s
9 ports of call all along the Gulf Coast?
10
A. N o .
11
Q. Were you aware that he also vi sited the
12 Exxon facility in Houston, sir?
13
A. N o .
14
Q. No one told you that?
15
A. N o .
16
Q. Were you aware that Higman did business
17 with Exxon's refinery in Baton Rouge and picked up
18 crude oil products?
19
A. No, I didn't know where they operated. I
20 haven't -- haven't looked into any of that field
21 operations.
22
Q. All right, sir. The whole time that you
23 were an industrial hygienist up until the time
24 that you retired, sir, did you know of any need to
25 warn people like Mr. Hebert who might be tug boat
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
131
1 captains picking up Exxon crude oil products from
2 the dangers of benzene?
3
A. Well, let me ask that and say our
4 practice was to have our tug boat employees that
5 were loading or un loading -- we'll say loading
6 products of ours into the barges were under our
7 supervision and they wore the respirators when
8 they needed them. If it was topping off or doing 9 some job of that type or closing a hatch, things 10 of that type, well, they did wear -- and they were
11 under the medical surveillance program, too, as
12 far as benzene was concerned.
13
Q. All right, sir. I understand that. And
14 maybe I got off track again. Were you aware, sir,
15 that Mr. Joseph Hebert, in his entire career,
16 never hauled benzene?
17
A. No, I -- I didn't know anything about his
18 operation and products.
19
Q. All right, sir. Well, take this as a
20 given. Based on the information that we know, 21 Professor Hammond, Mr. Hebert was a tug boat 22 captain for most of his life plying the waters 23 of the Gulf Coast. Okay, sir? You understand 24 me so far?
25
A. I hear you.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
132
1
Q . All r i g h t . And the products that he
2 pushed or pulled in the barges consisted of crude
3 oil, condensate and sometimes gasoline or like
4 products but no benzene. Okay? Do you follow me
5 so far?
6
A. So far.
7
Q. All right, sir And he was not an
8 employee of Exxon, sir. Do you understand that?
9
A. Y e s .
to-
10
Q. If Mr. Hebert had arrived at an Exxon
11 dock, and he said he did, to pick up crude oil -
12
MR. BAGGETT: Wait a minute, who said he
13 did?
14
MR. SPEARS: Mr. Hebert did, he said he
15 visited the Exxon dock.
16
MR. BAGGETT: Whereabouts.
17
MR. SPEARS: In Houston.
18
Q. If he arrived at the Houston dock to pick
19 up crude oil products, just crude oil, would he
20 have received any sort of warning from you or any
21 Exxon official about the products that he was
22 about to load into his barge, if it was crude oil?
23
A. I do not know about his operations enough
24 to be able to help you on t h a t .
25
Q. All right. Professor Hammond, you were
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
133
1 the chief industrial hygienist for Exxon; is that
2 right?
3
A . I was.
4
Q. You were responsible to determine if
5 there was any exposure to harmful chemicals or
6 substances to any employee or visitor at the Exxon
7 refinery; is that correct?
8
A. Not -- not in -- not in that type of
9 detail, individual,. I'm just speaking for the
10 mainte nance and the safety measures from an
11 industrial hygienist's standpoint that we took
12 and I - - all of our employees that worked at the
13 docks were all trained and trained by classes in
14 a lecture room type as to the dangers of having
15 all of the products that we had, when to wear
16 respirators or approved types of masks.
17
Q. All right, sir. Were you -
18
A. And so they would have been a good
19 example for any contract barge operator and so
20 forth to have seen them if they had been handling
21 any materials that were hazardous.
22
Q. Well, I'm asking you now based upon your
23 work experience at Exxon, sir, did you initiate 24 any type of p r ogram to warn tug boat operators or 25 crew members about the dangers, if any, of Exxon
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
134
1 crude products that they may be loading or
2 unloading?
3
A. I do not know of any for the crude oil.
4 If he just stuck to crude oil, that would have
5 been less likely that we would have taken him 6 apart for -- taken him aside for that particular
7 training.
8
Q. And the bott om line, Professor Hammond,
9 do you know of any danger of contracting acute
10 myelog enous leukemia from anyone who handles crude
11 oil products only?
12
MR. BAGGETT: That, of course,
13 hypothetically is not consistent with the evidence
14 in this case and is therefore objectionable.
15
A. I do not know enough about his work and
16 the materials that you menti on ed earlier, what
17 conce ntrat ion of benzene that might have contained
18 and so forth.
19
MR. SPEARS:
20
Q. Well, what -- what concentration of
21 benzene were in your Exxon crude oils, sir?
22
A. We didn't have any concentrations to
23 speak of. The crude oil had other types of gases
2 4 that would have been diluted with the benzene so
25 as to reduce it. It's very unlikely that there
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
135 1 would have been very much benzene coming out per
2 se from the -- you see, the more volatile
3 materials in crude than those found in benzene
4 would have been predominantly in the vapors that
5 come out, and that kind of a fractionation-type
6 evap oration and very little of the thing is high
7 boiling as that. Your propane, butane, pentane
8 and so forth would have been the gases that you'd
' s
9 have been concerned about, and you'd have been
10 concerned unless you control it that you might
11 have a fire problem, fire hazard, or explosion.
12
Q. Well, it was a very long answer,
13 Professor Hammond.
14
A. Well, it was necessary.
15
Q. Yes, sir. And I'm asking you. Now you
16 said there was - - in your answer you said your
17 crude oil did not have much benzene in it - -
18
A. Not coming out, that would have been
19 exposed to the air. Just pure benzene -- just
20 pure petroleum crude, I don't know of any
21 situation where you would have had hazardous
22 concentration of benzene per se.
23
Q. That's what I'm asking you, sir.
24
A. I just don't -- I just don't know what
25 materials he handled.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
136
1
Q. Right.
2
A. But I'm sure that the investigations of
3 these materials, because we know that when we were
4 handling products containing benzene we had to put
5 in very strict control measures, including medical
6 surveillance, including urinary phenols and other
7 control measures, but just the un ce rtainty of what
8 type of product you're talking about, but crude
9 oil only is not -- I'm not able to help up with
10 that.
*
11
Q. Well, I'm going to ask you, sir,
12 Professor Hammond. As an industrial hygienist,
13 based on your work experience, do you know of any
14 incidents where acute mye log en ous leukemia has
15 been asso ciate d with handling crude oil products
16 only?
17
MR. BAGGETT: That, of course, is
18 irrelevant in this case.
19
A. Well, not only -
20
MR. SPEARS:
21
Q. Do you know that, sir?
22
A. I know that we had none -
23
Q. All right, sir.
24
A.
-- in all of our people.
25
Q. Have you ever heard of any?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
137
1
A. I have not heard of any, and I have not
2 had one case, because we had a good control
3 program --
4
Q. All right, sir.
5
A.
-- all this time. Unless you had that,
6 I'd say you were negligent in knowing what
7 exposure he might have been having.
8
Q. Who's negligent?
' s
9
A. Anyone who had the supervision over the
10 potential exposure that he had.
11
Q. What exposure did he have, Professor
12 Hammond?
13
A . I d o n 't k n o w .
14
Q. Well, why did you make a statement like
15 negligent, Professor Hammond?
16
A. Well -
17
Q. You don't even know his exposure.
18
A. Because I don't know how you'd know
19 that he didn't have exposure unless you had him
20 under - -
21
Q. Why
22
A.
-- surveillance.
23
Q.
-- in the world --
24
MR . BAGGETT; Wait a minute.
25
MR . SPEARS: -- would you make a statement
SHAWN KELLEY, TEXAS CSR 3448 NELL M CCALLUM & ASSOCIATES, INC.
138 1 like that?
2
MR. BAGGETT: Wait. Wait a minute. I
3 object to you interrupting the professor.
4
MR. SPEARS: All right.
5
Q. Professor Hammond, why would you make a
6 statement about he was negligent or somebody was
7 negligent when you don't even know what the man's
8 exposure was? Tell me.
\s
9
A. That's right, I don't know what his
10 exposure w a s .
11
Q. Well, why do you make a statement
12 about - -
13
A. Had he been wo rk in g for us, I'd have
14 known about it.
15
Q. If he had been working for you, you'd
16 have known what?
17
A. I'd have known if he had any exposure or
18 not to benzene.
19
Q. And how's that, sir?
20
A. Because of the medical surveillance and
21 testing - - testing urine and other means of
22 determining it.
23
Q. Exxon did not test every employee in that
24 refinery, did they, sir?
25
A. I don't see how that had any relation
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
139
1 to a --
2
Q. Yes or no? Did Exxon -
3
A. -- barge operation.
4
Q. Did Exxon test every employee of their
5 refinery, urinary or phenol or anything?
6
A. No, because we had a good, intelligent
7 program going --
8
Q. Okay.
s
9
A.
-- to protect them.
10
Q. All right, sir. So not every employee
11 was exposed to benzene; is that correct?
12
A. Unfo rtunately not every industrial
13 operation by - - has been evaluated by other
14 people, professionals.
15
Q. Professor Hammond, not every employee at
16 Exxon was exposed to benzene; is that correct?
17
A. I don't -- I don't think so. I don't see
18 what that has to do with this particular case.
19
Q. Well, I'm asking you, was every employee
20 at Exxon exposed to benzene, yes or no?
21
A. W e l l , n o .
22
Q. All right, sir. So if Mr Hebert was
23 handling crude oil products and he was a boat
24 c a p t a i n , do you have any knowledge about whether
25 he would be exposed or not?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
140
1
A. I do not know.
2
Q. Would you expect him to be exposed if he
3 was a captain of a vessel?
4
A. I wouldn't know what products he's
5 handling.
6
Q. Crude oil products, Exxon crude oil
7 products.
8
A. Show me an analysis of the crude oils
' "v
9 that he handled, and then I'll be able to give
10 it to you - -
11
Q. Well, I'm going to give it back to you.
12 Professor Hammond. Is there -- was there, on your
13 watch at any time while you were working for
14 Exxon, was there any crude oil products -- I'm
15 talking about crude oil now, that was considered
16 hazardous in the sense that individuals who
17 handled, loaded or unloaded your crude off and
18 on a barge had to be medic al ly monitored?
19
A. Depending on what other products that
20 might have been handled - -
21
Q. I'm limiting it to crude oil.
22
MR. BAGGETT: I'm going to object to you
23 interrupting the doctor -
24
MR. SPEARS; Well, go ahead and object.
25 I'm trying to get the guy to answer a question.
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
141
1
[Court reporter stopped proceedings]
2
MR. BAGGETT: Extend to this man, please,
3 the courtesy of letting him answer before you
4 interrupt.
5
MR. SPEARS: I'll extend him the courtesy
6 if he extends the same courtesy of answering my
7 question. We won't be here very long,
8 Professor Hammond, if you'd just answer my 9 question, quit trying to be an advocate and simply 10 answer the question.
11
MR. BAGGETT: I object to your side bar
12 comments on this record.
13
A. I guess you've been to the docks and you
14 know that there are man y products being handled
15 sometimes at the same time.
16
MR. SPEARS:
17
Q. You're not answering the question now.
18 I've not been to the docks.
19
A. I 'm - -
20
Q. Don't assume I've been to the docks.
21 Okay?
22
A. All right. Well
23
Q. My question --
24
A. All I'm saying is that - -
25
Q.
Let me ask -- let me ask you a question
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
142 1 and you give me an answer. Did you monitor - 2 while you were at Exxon did you medically monitor 3 all of your employees at the Exxon docks in
4 Houston, yes or no?
5
A. Has no relation to any matter of whether
6 they were in danger or not whether I monitored all
7 of them or n o t . The ma in thing was --
8
MR. SPEARS: Professor Hammond, it was a
' v
9 simple question.
10
No, Bill, I'm not. He's going to go off
11 on something else.
12
Q. At your dock at Houston, at your dock on
13 your watch did you me dically mo nitor all of your
14 Exxon employees working at your docks, yes or no?
15
A. No .
16
Q. All r i g h t .
17
A. But it depends on
18
MR. BAGGETT: You
19
A. What else they were handling at the same
20 time, even though crude oil was on one barge, but
21 were they putting some product that contained
22 benzene on other barges.
23
MR. SPEARS: I object to that question -
24 that answer as not being responsive to my
25 q u e s t i o n .
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
143
1
MR. B A G G E T T : Well --
2
It 's the only way to explain your
3
MR. S P E A R S :
4
NO, sir, it's n o t .
5
A . -- situation.
6
Q . It's n o t .
7
A. It depended on what else that were
8 happening at that dock at the same time. I don't
9 know. I wasn't ever with Mr. Hebert and
10 procedure --
11
Q. I'm not talking about Mr. Hebert,
12 Professor Hammond. I'm talking about your job -
13
A. Well, I thought you said you wanted to
14 talk about him only handling crude, but he could
15 have handled only crude and been exposed to
16 b e n z e n e .
17
MR. SPEARS: I object to this line of
18 just talking, Professor Hammond. I'm not
19 interested in you reciting what Mr. Baggett's may
20 have told you yesterday about this case.
21
MR. BAGGETT: Well, I'm not interested in
22 hearing you testify either. And if you -- you
23 asked him a question about monitoring people at
24 the docks of his refinery, and he is telling you
25 situations where he would do that.
SHAWN KELLEY, TEXAS CSR 3448 ' NELL MCCALLUM & ASSOCIATES, INC.
144
1
MR. SPEARS: That's not the question.
2 I'm not asking about situations. The question
3 was, did you moni tor all of your employees at the
4 docks, yes or no?
5
MR. BAGGETT: And he's entitled to
6 explain.
7
MR. SPEARS: Right.
8
A . Yes.
9
MR. SPEARS:
10
Q. Yes, you did?
11
A. Yes. Yes, I did.
12
Q. You monitored -- you mon ito re d all the
13 Exxon employees at the docks?
14
A. Yes, I did.
15
Q. When did that start, sir?
16
A. All the time, because I could look at the
17 operations and know what was going on around about
18 them, whether it was a particul ar material or
19 whether it was other materials and know whether
20 they needed to be monitored.
21
Q. When did you start the monitoring
22 program?
23
A. 1947.
24
Q. All right. From 1947 until the time you
25 retired all of the Exxon employees who worked at
SHAWN KELLEY, TEXAS CSR 3448 NELL M CCALLUM & ASSOCIATES, INC.
145 1 the docks were medically monitored, sir?
2
A. If they needed to be.
3
Q. And how did you determine if they needed
4 to b e ?
5
A. By being professionally trained to know
6 how to recognize the materials that may lead to
7 exposure.
8
Q. All right, sir. And if they were -- and
' s
9 which materials were that, sir?
10
A. Any type of material that you were -
11 dependin g on what par ti cul ar hazard you were
12 looking at. Benzene would be a good example.
13
Q. That's the one I'm looking for, benzene.
14
A. All r i g h t .
15
Q. How did you determine whether an employee
16 should be monitore d at the docks in relation to
17 benzene?
18
A. Well, any products on the docks are being
19 handled or loaded or unloaded at the same time
20 that you were handling crude oil might contain
21 b e n z e n e .
22
Q. All right, sir. That would be the only
23 time, sir?
24
A. Sure .
25
Q.
How about if you were just handling crude
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
146 1 oil that did contain benzene?
2
A. I do not know the situation where you'd
3 just be handling crude oil without other
4 operations going on.
5
Q. You've never heard of a situations where
6 a barge pulled up at your dock and off-loaded
7 crude oil?
8
A. I cannot answer you on a particular
9 problem I never was there every moment.
10
Q.
I understand that.
11
A. O k a y .
12
Q.
But you were responsible for the
13 industrial hygiene at that plant, weren't you?
14
A. Well, we have never had any occupational
15 health hazard and diseases after I went to work
16 and had the situation under control.
17
Q. Say that again.
18
A. Never did have any occupational diseases
19 develop in our employees after I went to work in
20 1930 -- 47 and got the few conditions we had under
21 c o n t r o l .
22
Q. Are you telling me that Exxon has never
23 been sued for occupational disease occurring while
24 you were working for Exxon?
25
MR. BAGGETT: I object to -- that isn't
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
147 1 his -- that's an improper and an unfair
2 summarizat ion of his prior testimony and is,
3 therefore, objectionable as to form. Whether 4 they've been sued since then has no relevancy to
5 the answer that he gave you, which was an answer
6 to your question.
7
MR. SPEARS:
8
Q. Has Exxon been sued, sir, that you
' N.
9 know of -- has Exxon been sued for occupational
10 illnesses occurring while you, sir, were chief
11 industrial hygienist?
12
A. I never heard of it.
13
Q. You never heard of any?
14
A. No, not while I was industrial -
15 director of industrial hygiene.
16
Q. Is there any asbestos suits pending
17 against Exxon, sir?
18
A. Well, that's not the question you asked
19 m e .
20
Q. You don't consider asbestosis an
21 occupational disease?
22
A. Oh, I'm -- I'm -- if you want to get into
23 that field, I'll tell you I was trained by
24 D r . Kenneth Lynch, and he was the first American
25 to write about cancer from asbestos.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
148
1
Q. Do you consider asbestosis as an
2 occupational disease, yes or no?
3
A. Yes, never had -- we never had a case
4 of symptoms -- we took x-rays of all of our
5 p o t e n t i a l ly-exposed people, but never one of
6 them had any evidence of asbestosis.
7
Q. Professor Hammond, we're going to be
8 here a long time if you don't answer my
s.
9 questions.
10
A. Yeah, I'm no t going to answer
11
want them. I'm going to tell you
12
's all I'm - -
13
Q. T h a t 's what I 'm a s k i n g , sir.
14
A. You want to get me --
15
Q. N o .
16
A.
-- to break down --
17
Q. N o .
18
A.
-- and tell you --
19
Q. N o , I'm n o t .
20
A.
- - anything that is not true.
21
Q. N o , I 'm n o t . Do you consider
22
MR. BAGGETT: Excuse me. For
23 I want to object to the basic principal that
24 you're proceedi ng on. He has testified that
25 during his employment there there was no
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
149
1 occupational disease, and you're trying to refer
2 to occupational disease that may have been
3 discovered since he worked there, and, therefore,
4 you're being unfair to him unless -- unless you
5 delineate what period of time you're talking
6 about.
7
MR. SPEARS:
8
Q. Professor Hammond, do you consider
\s.
9 asbestosis as being an occupational disease, yes
10 or no?
11
A. Well, that's been known for 45, 50 years.
12
Q. All right, sir. It is an occupational
13 disease?
14
A. Why, sure. Silicosis is an occupational
15 d i s e a s e .
16
Q. All right, sir. Has -
17
A. And lead po isoning is an occupational
18 d i s e a s e .
19
Q. Has Exxon been sued, that you're aware
20 of, for -- by people saying they contracted an 21 occupational illness called asbestosis as a result 22 of working at the refinery and their work was on
23 your watch?
24
A. Not to my knowledge, no.
25
Q. So you are not aware of any such suits?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
150
1
A. No, no, I don't believe there have been
2 any asbestosis cases filed against us.
3
Q. Against Exxon?
4
A. Y e a h .
5
Q. You're not aware of any asbestos cases
6 filed against Exxon?
7
A. I didn't say asbestos. I said
8 asbestosis.
N
9
Q. All right, sir. You're not aware of any
*
10 asbestosis lawsuits filed against Exxon as we sit
11 here today?
12
A. Not at a l l .
13
Q.
Is that correct?
14
A. Not at a l l .
15
Q. And you never have been; is that correct?
16
A. T h a t 's r i g h t .
17
Q. All right, sir. You're not aware of any
18 lawsuits filed by any former employees of Exxon
19 alleging mesothelioma, are you?
20
A. I know that there have been some, but I
21 d o n 't - - they're all since I left the company.
22
Q. All right, sir.
23
A. I heard about t h a t .
24
Q. O k a y .
25
A. But asbestosis and me sothelioma are
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
151 1 entirely two different diseases.
2
Q. Yes, sir. Yes, sir. Professor Hammond,
3 we got off track here, sir, but you testified, did
4 you not, in the Skeen case, did you?
5
A. Yeah, I did.
6
Q. You testified by depositi on and at trial,
7 did you not?
8
A. I did.
9
Q. All right, sir. That was a benzene
10 exposure case, was is it not, sir?
11
A. Y e s , it w a s .
12
Q. All right, sir. And in that case, sir,
13 isn't it true that you testified that at the time
14 of your testimony 10 parts per million, ppm, is a
15 sa tisfactory and safe level of exposure to
16 benzene?
17
A. Under some conditions.
18
Q . All right.
19
A. For some people.
20
Q. All right. So under some conditions and
21 for some people you believe that 10 ppm would be a 22 satisfactory and safe level; is that correct?
23
A. That 's r i g h t .
24
Q. All right, sir.
25
A. But to some people
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
152 1 hypersensitive, it's not.
2
Q. All right. And what was the T -- the
3 time-weighted average for exposure to benzene
4 vapors established by the ACGIH in 1960, sir?
5
A. Right here we have that. In - - the last
6 one we had was '58, and that was less than 25
7 parts per million M.A.C. Now, as I said, the
8 M.A.C. would indicate a TLV of somewhere like 60
s s.
9 percent of that.
10
Q. All right, sir. Well, what was the TLV
11 accepted by the ACGIH, sir, in 1960 for ppm levels
12 of - -
13
A. 25 parts per million.
14
Q. 25 parts per mi ll io n --
15
A. T h a t 's r i g h t .
16
Q. -- benzene? That was accepted by the
17 ACGIH, sir; is that correct?
18
A. That was - - that was the number they
19 published, y e s .
20
Q. All right, sir. And, again, you feel
21 that the ACGI H is a ver y w e l l -respected
22 world-renowned organization; is that correct?
23
A. They're not the ultimate authority on the
24 matter, as they will tell you that you shouldn't
25 try to interpret these matters except by a
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
153 1 professional industrial hygienist. Now, if you
2 tried to interpret --
3
Q. My question is they are a w e l l -respected
4 organization, correct?
-
5
A. They certainly have recognized status,
6 yeah.
7
Q. Do you feel that you know more about
8 the safe level of exposure to benzene, you as an
' s
9 individual, than the entire compilation of the
10 ACGIH, sir?
11
A. I certainly do. In fact, I was on the
12 committee that voted against it, 25 parts per
13 million. Because it's a democratic group and
14 the majorit y wins, I couldn't get my level to -
15
Q. So you feel that you know more about it
16 than - -
17
MR. BAGGETT: Wait a minute. You just
18 let him finish, please. I object on the record
19 to you continuing to interrupt Professor Hammond.
20
MR. SPEARS:
21
Q. Professor Hammond, do you feel like you
22 know more about the safe level of exposure to
23 benzene as an individual than the ACGIH itself?
24
A. Very definitely.
25
Q. All right, sir.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
154
1
A. And not only that, but, see, we have in
2 our records a letter that I wrote Mr. Wrightman
3 saying in 1948 we discussed this matter, and I
4 said that zero level was the only one that was
5 acceptable unless you put the men -- people under
6 medical surveillance.
7
Q. All right, sir.
8
A. In 1947 I was -- '48 I was discussing and
1 s
9 disagreeing with the TLV.
10
Q. All right, sir. Now, you had -- you
11 wrote a paper on how to design a benzene unit,
12 did you not?
13
A. I did.
14
Q. And you're very proud of that paper,
15 aren't you? You're very proud of that paper,
16 a r e n 't you?
17
A. Well, no one had ever written one before.
18
Q. No, are you very proud of that paper?
19
A. Well, I'm not apologizing for it.
20
Q. Okay, sir. All right. And in that paper
21 that you wrote, did you design that system so that
22 there would be absolutely zero level of exposure
23 to benzene for everybody who worked in that --
24 that unit?
25
A. So far as practical, we did, but we also
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
155 1 said that that's not enough, you've got to have
2 all of these other comporting programs to go with
3 it, medical surveillance, ur in ar y phenols and
4 blood counts and all of those matters had to be
5 part of the progr am and had to do that
6 periodically to find out whether or not you had
7 everything under control.
8
Q. Right, sir.
9
A. And we publi sh ed the results after four
10 or five years of operation and showed you where in
11 the beginning we had some operations that had more
12 than we wanted, more than zero.
13
Q . Right.
14
A. And then we got it all worked out, and we
15 feel very satisfac to ry that we have no significant
16 exposures to anyone in that -- in that plant.
17
Q. Well, you know, Professor Hammond, you
18 used two different terms. And correct me if I'm
19 wrong, we're talking about -- when I asked you
20 earlier if you could design and operate a benzene
21 unit or benzene plant so that there was absolute
22 zero exposure to individuals, we got off on a
23 tirade, and I apologize if I started on the 24 tirade, but my question was, and tell me, it's not
25 possible, is it, not possible to design and to
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
156 1 operate a benzene unit so that there will be zero
2 level of exposure at all times to all of your
3 employees, is there?
4
MR. BAGGETT: For the record, before
5 you answer that, I want to object to the
6 testifying of counsel, to his sidebar comments
7 and to his summary of prior testimony which is
8 objectionable as to form.
9
MR. SPEARS:
10
Q. Okay, sir.
11
A. What was your question?
12
Q. All right, sir. Is it possible, sir, to
13 design and operate a benzene unit so that there is
14 zero exposure to the individuals working in that
15 unit?
16
A. Well, my answer to you is why do we go to
17 try to - - get to that type of expensive control
18 when outside the air you have to breathe in this
19 room and elsewhere contains one or two parts per
20 mi llion of benzene.
21
Q. We're on the same unit now, sir. Now
22 we're working together. In other words, everybody
23 in the world - -
24
MR. BAGGETT: I'm going to object to your
25 comments about where we were, because I don't
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
157
1 think you are on the same units, and I can make
2 that statement, too.
3
MR. SPEARS:
4
Q. Professor Hammond, what I'm saying is
5 that you cannot design a unit, nor can you operate
6 a benzene unit which would prevent exposure and
7 bring it down to zero of benzene from the unit
8 itself?
9
A. Well, just from a professional
10 standpoint, how ridiculous would I have looked in
11 trying to design something where the air that you
12 have in this room and everywhere else contains
13 some benzene.
14
Q. All right, sir.
15
A. And I look at the people smoking
16 cigarettes - -
17
Q. Right, sir.
18
A. -- and I know that every puff they take
19 will have up to a hundred parts per million of
20 benzene in i t .
21
Q. Professor Hammond, you're getting way
22 ahead of me, but you're absolutely right. As you
23 face this camera today, every lawyer sitting in
24 this room and every one of us as we leave here is
25 going to breathe in a certain amount of benzene
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
158 1 because they're in Houston; is that correct?
2
MR. BAGGETT: Objection to your testimony
3 instead of a question that was preceded by a
4 question.
5
A. I don't know why you'd have to go to
6 Houston, because if you went up in the hill
7 country around Kerrville and that area where the
8 cedar trees are, you'd have more than you would
9 have in Houston.
10
Q. All right, sir. In other words, every
11 American, every living, breathing American on
12 this planet who takes a breath is going to have
13 some exposure to benzene; is that correct?
14
A. And we have resistance to those types of
15 concentrations, because over the centuries and all
16 the people have de veloped a tolerance to that type
17 of an exposure. And so it's not significant, what
18 you're talking about.
19
Q. I'm going to ask you again. Does every
20 American who lives and breathes on this planet
21 breathe in benzene as he takes - - he or she takes
22 a breath, yes or no?
23
A. Well, they -- I've already answered it.
24
Q. No, sir, you haven't.
25
A. That you can't live in an atmosphere
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
159 1 t h a t 's not some benzene, period.
2
Q. All right.
3
A. I've never heard of it.
4
Q. So when you breathe in, when you take a
5 breath you take in benzene; is that correct?
6
A. That requires no professional -
7
Q. I'm asking you; is that correct?
8
A. Well, I'm not going to answer that
9 question.
10
Q. Well, I'm asking you the answer. When
11 you breathe in today, are you breathing in benzene
12 vapors ?
13
A. You're not br eathing in vapors. You may
14 be breat hing in benzene in some small amount, but
15 it's not of significance.
16
Q. All right.
17
A. Now, you don't want to add -- what I'm
18 saying is you do not want to add any amount to
19 that what you nat urally have and you've developed
20
it.
21
Q. All right, sir, but when you took - - when
22 you drink water from Houston, the water that we're
23 drinking here today contains some amount of
24 benzene, does it not?
25
A. Possibly.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
160
1
Q. You're not aware of that, sir?
2
A. I haven't ever tested the water for
3 benzene.
4
Q. Do you believe there's any benzene in
5 the water that you drink in Houston?
6
A. I have no proof of it being there.
7
Q. All right, sir. Now, what's -- what is
8 the major source of benzene exposure in our
1 s
9 environment today, Professor Hammond, other than
10 a petrochemical or occupational exposure? What is
11 it, sir?
12
A. I don't know what -- I never have looked
13 into that part, that extensive part.
14
Q. It's smoking, isn't it, Professor
15 Hammond?
16
A. Could be smoking, but also it should be
17 combustible products from stacks.
18
Q. From stacks or automobiles?
19
A. Well, I imagine that there' s some benzene
20 in that, too.
21
Q. Tell me what you know, sir, about benzene
22 exposure to someone who smokes.
23
A. Very little.
24
Q. What kind of -- benzene is part of the
25 chemical that comes off of the smoke in cigarette
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
161
1 smoke?
2
A. Yeah, there was experiments that were
3 carried out at Harvard where -- and discovered
4 that it would run up to a hundred parts per
5 million, but I didn't do the tests. I depended
6 on my teachers to tell me about it.
7
Q. You're aware then of some experiments
8 dealing with cigarette smoke that indicated there
s
9 were a hundred parts per mi llion exposure t;o the
10 person smoking the cigarette; is that correct?
11
A . T h a t 's r i g h t .
12
Q. All right, sir. And, of course,
13 secondhand smoke, in other words, if someone is
14 not smoking but in a room with someone who is
15 smoking, would also be exposed to benzene, would
16 he not?
17
A. I assume he would.
18
Q. All right, sir. And every day as you and
19 I drive along the interstate or the highways and
20 byways of this country, we're exposed to some 21 benzene coming from the exhaust of the automobile,
22 are we not?
23
A. I assume we are.
24
Q. Okay, sir. That's true, is it not?
25
A. I'm not saying it's true, because I
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
162 1 haven't made the tests.
2
Q. All right, sir. When you or I or
3 any member of -- John Q. Public goes up to a
4 self-service station and pumps gasoline, that
5 person is going to be exposed to some levels of
6 benzene from the vapors of the gasoline; isn't
7 that true?
8
A. I assume they would.
9
Q. And you would expect that?
10
A. In a short -t er m exposure of five minutes
11 or so OSHA has never seen necessary to put up any
12 restrictions on self-service stations and never
13 has set a standard on that - -
14
Q . And short --
15
A.
-- for combustible engines.
16
Q . I'm sorry.
17
A. Fuel for combustible engines are not
18 c o n t r o l l e d .
19
Q. Right. But short-term exposure to
20 benzene has never been considered a serious health
21 hazard, has it?
22
A. How often are these short term occur.
23 Depends on how often.
24
Q. All right. I'll give you an example.
25 That's a fair comeback. Someone who would, say,
SHAWN KELLEY, TEXAS CSR 3448 NELL MCC ALLUM & ASSOCIATES, INC.
163 1 be exposed to benzene in a paint solvent or a
2 paint thinner as he washed out his brush or
3 something and his tools and then went back to
4 work, maybe did that once a week or something
5 like that or once a month, would you consider
6 that to be a serious exposure?
7
A. It could be, yeah. I had a secretary
8 who's father was a barber, and he had decided to
' s
9 refinish the furniture in his house, and so he
10 got some solvent that contained, say, 15 percent
11 benzene, and he died from leukemia and problems
12 associ ated with the benzene. That is all he did,
13 he was just a barber, but he -- his hobby was
14 refinishing furniture, and he used some benzene
15 on his -- it's a very hazardous, dangerous
16 material, and the doctors couldn't tell him what
17 was wrong until I went and evaluated all the
18 materials he had used and dis co ver ed this
19 s u b s t a n c e .
20
MR. SPEARS: I'll object to the
21 nonr espon sivene ss of that.
22
Q. Are you finished? Professor Hammond, are
23 you finished?
24
A. Yeah.
25
MR. SPEARS: I'll just object to the
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
164 1 nonresponsiveness of the question.
2
Q. But does Exxon gasoline products contain
3 benzene, sir?
4
A. I'm not familiar with the concentrations.
5 If so, what they are and where they come from,
6 which ones do and which ones not. I don't know.
7
Q. Well, I know you may not know now,
8 because you've left Exxon, but surely as a chief
9 industrial hygienist for Exxon part of your duties
10 would be to know whether or not Exxon gasoline
11 contained benzene; is that correct?
12
A. I would recommend that you read on the
13 pumps of every gasoline station, Exxon, what the
14 warning is about your health hazards.
15
Q. Well, you didn't put those pumps until
16
/ those warnings, did you?
17
A. Was it 1958?
18
Q. Yes, sir.
19
A. You mean 1968 or 1978 or what?
20
Q. When did you fir st put -- Exxon first put
21 a warning on the gasoline pumps about the content
22 of benzene in its gasoline?
23
A. It was after I left there. I don't know
24 when it w a s .
25
Q. And you left when?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
165
1
A.
'78.
2
Q. Okay, sir. But you were aware while you
3 were at Exxon that the gasoline products contained
4 benzene, were you not?
5
A. I was aware that you didn't have any
6 hazardous operations if you just filled the
7 gasoline tank occasionally like we do once a
8 week or once a month or whatever time you have
' s.
9 to buy gasoline.
10
MR. SPEARS: I object again, Professor
11 Hammond, to the no nresponsiveness of my question.
12
Q. I'm going to ask you again. Were you
13 aware as chief industrial hygienist of Exxon,
14 while you were working, that Exxon gasolines
15 contained some amount of benzene?
16
A. I knew -- I knew they had some amount.
17
Q. All right, sir. Now, why, sir -- while
18 you were chief industrial hygienist, why did you 19 not initiate a program to put warnings on the 20 pumps so that the public would be aware that when 21 they pumped Exxon gasoline that they might be
22 exposed to this benzene?
23
A. Well, I didn't have overall authority
24 throughout the company to do that type of thing.
25 I just had to protect the employees, and I did,
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
166 1 and that was my main job. And so the public also
2 was under the supervision of the United States
3 Public Health Service the state health departments
4 and many other agencies, and they never saw fit to
5 warn the public about that.
6
Q. Are you saying ba sically you were worried
7 about Exxon employees but the public be damned
8 about the products?
' s
9
A. I didn't say that at all.
10
MR. BAGGETT: I object to your
11 summa rizat ion of what he just said. It speaks
12 for itself.
13
MR. SPEARS:
14
Q. Well, Professor Hammond, were you -
15 did you feel that the public who was pumping Exxon
16 products into their pump would or would not be
17 exposed to some amount of benzene?
18
A. That's not a clear question.
19
Q. All right. While you were chief
20 industrial hygienist at Exxon, we've already
21 es tablished that you were aware that the Exxon
22 gasolines contained some amounts of benzenes.
23 You knew that?
24
A . Right.
25
Q. And you knew that that gasoline --
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
167
1
A. Trace.
2
Q.
-- was going out to the public and was
3 being pumped into cars as self-service gasolines,
4 true?
5
A. I brought it myself.
6
Q. All right, sir. All right.
7
A. I was not under any concern about my
8 health from buying it to go in my car and using
' s
9 it at the -- at self service in my car. to
10
Q. Did you feel that any person in the
11 public should have a right to know and determine
12 whether he or she wants to pump that gas, should
13 know that there's benzene in that gasoline?
14
A. Well, that wasn't my duty to make that
15 type of decisio n about the public.
16
Q. Well, whose duty was it?
17
A. The health department and the states and
18 the EPA and others.
19
Q. But it was Exxon products, Professor
20 Hammond.
21
A. Yeah, I know.
22
Q. Are you saying that if Exxon products
23 were hazardous and they went out into - -
24
A. I didn't say they were hazardous. I
25 would say that if you went to the Exxon pump
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
168
1 you've got less likely to have benzene in it
2 than the other pump across the street.
3
Q. Why is that, sir?
4
A. Because we extracted all of our benzene
5 we possibl y could get and sold it as benzene in
6 co ncentrated form rather than letting it get in
7 gasoline which sold for much cheaper. For
8 e x a m p l e , one time we could get $2 a gallon for ' s-
9 b e n z e n e , and we could only get 20 cents for the
10 gasoline Why should we let that go out if
11 there's any amount of benzene in it?
12
Q. Isn't it true that the benzene content of
13 Exxon gasoline increased pr ec ipitously when the
14 lead was taken out of gasoline?
15
A. That was all after I left. I do not know
16 t h a t .
17
Q. Okay. I don't want to talk about what
18 Exxon did or didn't do after you left, Professor
19 H a m m o n d .
20
A. T h a t 's r i g h t .
21
Q. I just want to talk to you about what you
22 did and what your duties and responsibilities were
23 at Exxon.
24
A. Well, let's talk about Exxon employees
25 and what I did to protect them.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
169
1
Q. Professor Hammond, we're not going to - -
2 we're never going to get out of here if you start
3 asking questions and directing this. You let me 4 ask the questions, please. If you want to take a
5 break, I'll be happy to give you a break, but
6 we're not going to get anywhere if you start
7 trying to tell me what I should ask. Okay, sir?
8
MR. BAGGETT: I'm going to object to your
s
9 comments.
10
A. I didn't say you didn't have that right,
11 but I just said my duties were to protect the
12 employees of Humble and Exxon, and I did a good
13 job, and I dare anyone to show me where I failed.
14
Q. Did your duties also include protecting
15 people who went into your refinery who were not
16 your employees?
17
A. I don't know what you mean. You mean a
18 salesman go to the office?
19
Q. Well, we're going to start off with your
20 duty was to protect Exxon employees. I understand
21 that. My question is, was it also your duty to
22 protect the safety and health of anybody who went
23 into your refinery?
24
A . N o , it w a s n 't .
25
Q. It was not part of your duties, sir?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
170
1
A. Not -- not my duties. I know we've
2 been -- you're talking about people bringing
3 suits, I'll tell you, a salesman came into our -
4
MR. SPEARS: Professor Hammond, I'm going
5 to object again. This is n o n r e s p o n s i v e .
6
A. Well, I have to explain to you -
7
MR. SPEARS:
8
Q. I'm not talking about -
9
A.
-- so we can confine ourselves to the
10 problems I was responsible for.
11
MR. SPEARS: I'm going to object to the
12 re sponsiveness of the question. Go ahead, sir.
13
A. And this salesman came in maybe once a
14 m o n t h , maybe once every few months and went to
15 the pur chasi ng department, and he came back and
16 brought a suit against us for having exposed him
17 to some condition in the refinery.
18
Q. Okay. Professor Hammond, what do you
19 envision or what did you envision your duty as
20 chief industrial hygienist for Exxon was to, say,
21 contract workers who worked in your refinery?
22 They were not Exxon employees, but they were
23 contract workers. What duty did you have to
24 protect them from toxic substances?
25
MR. BAGGETT: You're asking him what he
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
171 1 considered. Of course, the duty is a question of 2 the law --
3
MR. SPEARS: Yeah, I'm asking his duty.
4
MR. BAGGETT: -- in all of this.
5
MR. SPEARS: Right.
6
Q. What duty did you have, Professor
7 Hammond, to protect contract workers from exposure
8 to toxic substances if they worked in the Exxon
%
9 refinery?
10
A. That -- that's not a pertinent question
11 in my profession.
12
MR. BAGGETT: It may -- it may be more
13 relevant, and I object to you asking him what
14 was his duty. You may think it would be more
15 ap pr opriate to ask him what he did in the
16 pe rf ormance of his work.
17
MR. SPEARS: Well, Bill, you certainly
18 can ask him the question if you want to.
19
Q. But you were chief industrial hygienist
20 for Exxon; is that correct?
21
A. You said that a dozen times.
22
Q. Right. And as chief -
23
A. I don't disagree with you.
24
Q. And you had a duty and that job to
25 protect the employees of Exxon to make sure
SHAWN KELLEY, TEXAS CSR 3448 NELL MC CALLUM & ASSOCIATES, INC.
172
1 that they didn't come into contact with toxic
2 substances or certain levels of toxic substances;
3 is that correct?
4
A. That's my duty.
5
Q. All right, sir. Now -
6
A. Let's leave it at that.
7
Q. No, I'm not, sir. What was your duty in
8 regard to a contract worker who was working side
4 s
9 by side with the Exxon employee?
10
A. They had to comply with all of our rules.
11 The -- I'm just telling you what we did, I'm not
12 saying my duty, but I'm saying that they had to 13 comply with all the regulations in regard to
14 control as far as exposure that any of our
15 employees had.
16
Q. All right, sir.
17
A. And our safety inspectors were there on
18 the job, and if a contractor was going into an 19 area where our people needed protection, extra
20 protection, we took them into the classroom and
21 explained to them what they had to do and what 22 they had to wear and how they had to perform. 23 And also our employees made sure that they didn't 24 do anything diffe re nt ly that would expose them
25 without warning.
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCA LLU M & ASSOCIATES, INC.
173 Q. Did you -- as chief industrial hygienist for Exxon, did you or were you aware of any program that Exxon had in place while you were there to monitor -- medic al ly mo ni tor contract workers ? A. Not r e g u l a r l y , Q. I 'm sorry? A. No, because we contract worker come in and maybe work for us for a few months, but we had the employees doing the same job we let them do that worked there 40 years without any problem. Why should we worry about a person who wasn't overexposed more than our own employees, should be worried about him working a week or day or ten days or so.
Q. Okay. All right. So -- and maybe I got this in a roundabout way -- what you're saying is that any of your employees who worked in the
inery on a regular basis and were not monitored, medic all y monitored, because of their job, then you didn't do any more when the contractor came in to do that same type of job?
A. We just saw that this contract worker didn't violate our regulations and rules over doing it. If he did, he didn't stay in there very
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
174
1 long. He was dismissed.
2
Q. Did you, as chief industrial hygienist
3 for Exxon, or at any time while you were there,
4 did Exxon implement any type of program, random
5 checking -- for lack of a better description, I'm
6 going to call random checking of contract workers
7 to see if maybe they had been exposed to some
8 products and, you know, phenol testing of some
9 sort like that? Did you do anything like that?
10
A. We didn't have to do that.
11
Q. Why is that?
12
A. Because we had workers that we were
13 checking regularly, and we found they had no 14 exposure, and if the contractor helper would
15 help working with our people and doing the same 16 job, they had no chance of being exposed doing
17 t h a t .
18
Q. Okay, sir. All right. And so if an
19 individual -- if an individual like Mr. Hebert,
20 Joseph Hebert, pulled up to your dock at Exxon
21 and just so happened that it was his shift change,
22 and he walked through the refinery with his wife
23 or drove through the refinery to go back home,
24 would you moni tor those types of people?
25
A. Why would I do?
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
175
Q. All right. Would you expect them to be exposed to any levels of chemicals that need monitoring?
A. How could they be when our own people were there 24 hours a day and never had any
exposure? Q. Okay, sir.
At the docks?
A. Whereve r you're talking about Exxon
*v
people work.
^
q . Okay. A. You pick out your place.
q . Okay, sir. The literature -
A. My time's about up for you now, I'm
telling you. I don't usually stay on deposition
longer than four hours at each -- at a time.
q . Well, Professor Hammond -
A. Do you want to come back tomorrow?
q.
- - i want you to know -- no, sir, I don't
want to come back tomorrow, and I want you to know
in all honesty and candor to you, sir, there was
never repres ented to me that there was going to be
a time limit on this deposition. If it was
rep res ented to you, it wasn't represented to me.
MR. BAGGETT: Then I've let -- I've let
the professor down, because he asked me to do that
"SHAWN KELLEY, TEXAS CSR 344 8" NF.LL MC CALLUM & ASSOCIATES, INC
before we started, and I thought that way that we'd be here over four hours
there was no and I should
have let you know at the half -t h e WITNESS: If you want to tome back
tomorrow, I'll be glad to - MR. SPEARS: No, sir. t h e WITNESS: -- come back and discuss
these matters with you. MR. BAGGETT: Well, we'll see
How far
are we along? MR. SPEARS:
I just want to go over some
testimony in the Skeen case and a couple o of his others and then I'll be finished with him.
THE WITNESS: What about the other
people? MR. MYERS: I don't expect to be more
than about 20 minutes. MR. FREEMAN:
I've got probably 20
minutes, 30 minutes maybe. t h e WITNESS: Well, let's have a little
lunch.
Can we?
MR. SPEARS: Sure. t h e WITNESS: Because it's 2 o clock VIDEOGRAPHER: End of tape No. 2 , we r
record. It's about 2 o'clock. off the
177
1
[Recess]
2
MR. SPEARS: The parties have agreed
3 that --
4
MR. BAGGETT: Wait a minute. While we're
5 all here, I want us to agree when to continue it.
6
MR. SPEARS: I don't have any calendar
7 here now, Bill. I can't give you that. I mean,
8 if I give you a date, I swear I don't have any 1 \
9 calendar with me, so -
10
MR. FREEMAN: I wouldn't be adverse to
11 doing it on a Saturday.
12
M R . SPEARS: No, no more Saturdays.
13
MR. BAGGETT: All I want is an agreement
14 that we will do it withi n the next 30 days.
15
MR. SPEARS: No problem.
16
MR. MYERS: That's an agreement. I will
17 agree to t h a t .
18
MR. SPEARS: We will do this again within
19 30 days. Mr. Baggett will contact Professor
20 Hammond and will arrange a convenient time and
21 place to do it. Meanwhile, the deposition is
22 r e c e s s e d .
23 24 25
SHAWN KELLEY, TEXAS CSR 3448 NELL M C C ALLUM & ASSOCIATES, INC.
178
1
SIGNATURE OF WITNESS
2
3
I, Professor James Hammond, solemnly
4 swear or affirm, under the pains and penalties of
5 perjury, that the foregoing contains a true and
6 correct transcript of the testimony given by me at
7 the time and place stated, with changes, if any,
8 and the reasons therefor noted on a separate sheet
^ s
9 of paper and attached hereto, and that I am
10 signing this before a Notary Public.
11
12
13
Professor James Hammond
14
15
16 THE STATE OF TEXAS]
17
18
Subscribed and sworn or affirmed to
19 before me, the under si gn ed authority, by Professor
20 James Hamm ond on this the _____ day of
21
22
23
24
Notary Public in and for
25
the State of Texas
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
179
1 STATE OF TEXAS]
2
3
COURT REPORTER'S CERTIFICATE
4
5
I, Shawn Kelley, a Certified Shorthand
6 Reporter within and for the State of Texas, hereby
7 certify that the foregoing proceedings occurred
8 before me. ,
9
I further certify that the foregoing is
10 a true and correct copy of the transcript of the
11 proceedings to the best of my ability.
12
I further certify that I am neither
13 attorney for, related to nor employed by any of
14 the parties or any attorney of record in this
15 cause, nor do I have a financial interest in the
16 m a t t e r .
17
18
19
20
Shawn Kelley, Texas CSR 3448*
21
Nell McCallum & Associates
22
2900 Smith, Suite 104
23
Houston, Texas 77006
24
(713) 523-3767
25 *My Certificate Expires January 1, 1995
SHAWN KELLEY, TEXAS CSR 3448 NELL MCCALLUM & ASSOCIATES, INC.
180
INDEX
2 3 I EXAMINATI ON BY MR. B A G G E T T ....................... 6
4 I VOIR DIRE EXAMIN ATI ON BY MR. M Y E R S .............. 24
5 I CONTINUED EXAMIN ATI ON BY MR. B A G G E T T ........... 2 6
6 I EXAMINATION BY MR. SPEARS
- .............. 97
7
.
8 I Exhibit 1. . ............................
I
' N
9 I Exhibit 2 .................................
. 6 . 13
19 10 I Exhibit 2 .....................................
11 I Exhibit 2 -A ................................. 17
12 I Exhibit 3 ..............................
. 30
13 I Exhibit 4 ..................................... .. . 31
14 I Exhibit 5 ..................................... 3 2
15 I Exhibit 6 ..................................... 16 I Exhibit 7 ..................................... 32
17 I Exhibit 8 ..................................... 35
18 I Exhibit 8 ..................................... ..
19 I 20 I
Exhibit 9 ..................................... 36 4 9
Exhibit 9 ......................................
21 I Exhibit 9 ...................................... 59
22 I Exhibit 1 0 ................................... 49
23 I Exhibit 1 1 ................................... 50 24 I Exhibit 1 2 .................................... 54
25 I Exhibit 1 3 ....................................
SHAWN KELLEY^ TEXAS CSR 3448
"
NELL MCCALLUM & ASSOCIATES, INC.
Exhibit 13 Exhibit 14. Exhibit 15 Exhibit 16. Exhibit 16
Exhibit 17. Exhibit 18 Exhibit 19Exhibit 20. Exhibit 20.
Exhibit 21. Exhibit 22 . Exhibit 22. Exhibit 23. Exhibit 24 .
92 60 63 66 70
71 76 72 81 83
84 85 90 . 95 . 105
SHAWN
KELLEY,
TEXAS CSR 3448 a s s o c i a t e s , INC
NELL MCCALLUM &
NELL McCALLUM & ASSOCIATES, INC.
ClASV t I W M , d
( P <AA
1
No. 92-6203
JOSEPH L. HEBERT AND MARIE HEBERT v* HIGMAN BARGE LINES, ET A L *
] 14TH JUDICIAL DISTRICT COU ] ] PARISH OF CALCASIEU ] ] STATE OFLOUISIANA
VIDEOTAPE DEPOSITION OF
PROFESSOR JAMES HAMMOND
VOLUME 2
November 18, 1993
Between the hours of 10:00 AM and 2:00 PM
'I* Houston Airport Marriott Hotel Houston, l^exadUi.-
'X ;>~ l.7
- .$*?' r,r ;
Wanda G . Keiley, Court `Report.ef^ v
Nell McCaLl^um & A s s o c i a t e s Inc.' v'4 ,
2900'Snth, Suite 104- /^ -JAN 1 3 1994
Houston,
' ' '?V. Texas--77p06
- NM\ A
` (713) 5S3-3767
W A N D A G.' KELLEY, CSR NELL MCCALLUM Jr ASSQIAfES*,
1 .w- :-- --
ORIQNt" , r
. INC.
1
TABLE OF CONTENTS
2 EXAMINATION BY MR. SPEARS.
3 EXAMINATION BY MR. FREEMAN.
4 EXAMINATION BY MR. MYERS..,
5 FURTHER EXAMINATION BY MR. BAGGETT.......
6 FURTHER EXAMINATION BY MR. FREEMAN.......
7 FURTHER EXAMINATION BY MR. BAGGETT.......
m
1
8
9
10
EXHIBITS
11 KSL*------------------------------------ BLS C R IP T IQ N ------------- IDENTIFIED
12 D-l
Document dated February 13, 1958,
13
addressed to Mr. T. S. Howell at
14
Baytown............................... 220
15 D-2
Exxon Chemical Company USA Industrial
16
Hygiene Study of the Aromatics
17
Extraction Unit at the Baytown
18 19 D-3
Chemical Plant........................ 227 Excerpt from testimony in the case
20
of Skeen versus Monsanto.............. 243
21
22 P-25
Safety manual of Continental Oil
23
Company marked dated July 1, 1953
24
be attached to the deposition as
25
Plaintiff's Exhibit No. 25............ 319
W A N D A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
124 1
1
APPEARANCES
2
3
For the Plaintiffs:
4
Mr. William B. Baggett
5
Attorney at Law
6
Baggett, McCall & Burgess
7
P. O. Drawer 7820
8
Lake Charles, Louisiana 70606-7820
9
10
11
For the Defendants Amoco Oil Company, Arco
12
Chemical Company, Atlantic Richfield Company,
13
Canadian Oxy Offshore Production Co., Chevron
14
U.S.A., Inc., The Coastal Corporation, Conoco,
15
Inc., Crown Central Petroleum Corporation,
16
Marathon Oil Company, Mobil oil Corporation,
17
Monsanto Company, Phillips Petroleum Company,
18
Shell Oil Company, Sun Company, Inc. (R & M) ,
19
Texaco, Inc., Union Oil Company of California:
20
Mr. Kenneth R. Spears
21
Attorney at Law
22
Jones, Tete, Nolen, Hanchey, Swift,
23
Spears & Massey
24
P. O. Box 910
25
Lake Charles, Louisiana 70602
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
/! I \ J
1 I I
.1 ) / >
1
!
)
I
1
iUf 1
MR. BAGGETT: Gentlemen, by agreement: ----
2 this is a different date, and by agreement, is it 3 understood that this is a continuation of the
4 previous deposition taken -- started on September 5 27th, '93, and that the same stipulation pertains to
6 this continuation?
7
MR. MYERS: Agreed.
8
MR. SPEARS: It's agreed.
9
MR. FREEMAN: Yes.
10
MR. BAGGETT: And all parties are
11 represented that were here at the previous
12 deposition.
13
MR. SPEARS: That's correct.
14
MR. BAGGETT: Only thing that I would say,
15 representing the plaintiff Joseph Hebert and
16 presenting Professor Hammond to you or having taken
17 his deposition, is that I reiterate our position of
18 the previous tender that we made, acknowledge that
19 he is not a medical doctor, that he's not an
20 epidemiologist, that he's not a toxicologist, he's
21 not a hematologist, that the purpose of his
22 testimony was to present state-of-the-art evidence
23 concerning what was known and knowable about benzene
24 and when it was known and knowable.
25
VIDEOGRAPHER: On the record, 10:12.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
ir7
1
THE WITNESS: I'll have a chance to review
2 all of this, will I?
3
MR. BAGGETT: Yes. The original he has not
4 had a chance to review, but he did catch one error
5 that I want to call to your attention. And it's an
6 error apparently in the typing where they typed 7 nillions instead of billions. And it was on page -
8 I think it was on page 156 of the -- and you may
s.
9 want to look at that, where he was talking about
10 ambient air, they made a mistake of putting per
11 million when it was per billion, b i l l i o n .
12
MR. FREEMAN: I don't see it on 156.
) 13
MR. BAGGETT: It's on page 156. On line
14 19, page 156 of his original transcript. Otherwise,
15 I will submit the entire deposition to him for
16 reading and signing. It hasn't been done as yet.
17
18
19
20
21
22
23
24
25
W A N D A G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
its 1
1
PROFESSOR JAMES HAMMOND,
2
being previously duly sworn, continued to
3
testify as follows:
4
5
6
EXAMINATION BY MR. SPEARS
7
8
Q Professor Hammond, just continuing in my
11 s
9 line of questioning, I've got a few questions I want
10 to ask you to follow up, please, and then I'll
11 tender you to these other lawyers here.
12
Can you tell me, what is an MSDS sheet? If
13 you're familiar with that terminology.
14
A Material -- material data safety -- it is a
15 material safety data sheet pertaining to the health
16 and safety hazards of product.
17
Q All right, sir. On the MSDS sheet, what
18 kind of information is usually contained therein?
19
A
Information, data, is what the chemical and
20 physical properties and characteristics of a
21 substance, and then it deals with the problems
22 associated with safety, handling and use of the
23 material from the standpoint of fire and combustible 24 qualities. And then it has the health aspects as
25 far as chronic and acute exposure, concentrations
W A N D A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
/SI 1
1 that would be Important.
2
Q All right, sir. And an HSDS sheet is
3 usually sent out when?
4
A
It's generally sent out in the time of when
5 a customer expresses an interest in the product, and
6 it goes along with other pertinent sales information
7 dealing with the cost and so forth. But it goes out
8 early to the customer.
9
Q All right, sir. In your work experience
10 working for Exxon, did Exxon utilize HSDS sheets?
11
A
We had our own, yes, we did, and we started
12 this before it became a legal requirement.
13
Q All right, sir. And you've previously
14 testified, and I won't go back over that, but you
15 previously testified when you started work for
16 Exxon. But my question to you, sir, is when you
17 started work for Exxon, at that point in time was
18 Exxon utilizing an HSDS sheet or anything similar to
19 that?
20
A
I'm trying to remember. Yes, there were
21 sheets that were already prepared and available when
22 I arrived in 1947.
23
Q All right, sir. Did you -- in your
24 capacity as an industrial hygienist for Exxon, did
25 you take part in creating additional HSDS sheets or
W A N D A 6. KELLEY, CSR NELL HCCALLH & ASSOCIATES, INC
W 1!
1 updating the MSDS sheets that presently existed at
2 the time that you came to work for Exxon?
3
A
Yes, I did. I was chairman of that
4 committee that was responsible for those sheets.
5
Q All right:, sir. Did you -- when I said
6 "you," I meant Exxon. Did Exxon send out an MSDS
7 sheet for all of the products that it sold in the
8 stream of commerce while you were employed at
s s.
9 Exxon?
10
A
That's too broad for me to tell you that we
11 did but we tried to get them all and I'm not aware
12 of any omissions that we had.
13
Q All right, sir. For example, take benzene,
14 for example. At some point in time Exxon sold
15 benzene -- and benzene we're talking about is pure
16 benzene -- to various customers. Is that correct?
17
A Not in small containers that would be of
18 consumer product, no.
19
Q All right, sir. And I didn't mean to limit
20 it to small containers, Professor Hammond. At some
21 point in time, did Exxon sell benzene to other oil
22 companies or industrial customers in large volumes?
23
A We did.
24
Q All right, sir. And at what point in time,
25 to the best of your recollection, did Exxon begin
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
Rl
1
1 selling these large volumes of benzene to industrial
2 customers?
3
A At the completion of our benzene extraction
4 plant, and that was in the early parts of 1950, we
5 began to sell the products.
6
Q All right, sir. Immediately upon selling
7 this large volume of benzene to industrial
8 customers, did Exxon also accompany those shipments
s,
9 with what we talked about earlier, MSDS sheets?
10
A The MSDS sheets were not appropriate
11 because these went out in volumes, such as pipeline
12 operations, and there were letters in all of the
13 pertinent materials that we knew about from a health
14 standpoint sent along with that, early letters
15 before we sold any of these products to the
16 customer.
17
Q And I'm confused, Professor Hammond, and
18 perhaps it's the awkward way I've asked the
19 question. And clarify for me, will you. When Exxon
20 sold -- and I'm just using an example. If Exxon
21 sold benzene through a pipeline to, say, Shell, for
22 lack of a better word, would Exxon send an MSDS
23 sheet to Shell or any of its customers at some point
24 in time after the sale of the benzene even if it was
25 transported in pipeline?
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
1
A We did that beforehand. Whenever they
2 inquired as to availability of benzene or interest
3 in purchasing benzene, we generally had a very close
4 conference with them and shipped it to them with
5 their full understanding of all the hazards and how
6 to use it.
7
Q
Okay, sir. Are you telling me -- and I
8 don't want to put words in your mouth, but you tell
9 me if I'm wrong here. Are you saying that when
10 Exxon sold benzene to industrial customers that they
11 did not always send what is known as an MSDS sheet
12 to those industrial customers? Is that correct?
13
A
No, that's not right.
14
Q
All right, sir.
15
A We included the material safety data sheets
16 along with it, but that was not sufficient selling
17 benzene. We generally had to have a one-to-one
18 customer contact with us as the seller, by oral and
19 telephone and letters, and we were very careful not
20 to sell it to anyone who didn't understand all the
21 hazards and being capable to adopt the measures that
22 needed to be made.
23
Q
Okay, sir. Well, then the opposite would
24 be true, then, so that when youdid sell benzene,
25 pure benzene to industrial customers, is it your
WANDA 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
R 3 19
1 testimony that Exxon always sent out an MSDS sheet
2 along with other letters to those industrial
3 customers?
4
A
The material safety data sheets was just
5 part of the whole package that we sent to them and
6 did not reflect the conferences we had with them,
7 and we were very careful not to sell to anyone that
8 didn't have the knowledge, the technical and medical
9 knowledge, industrial hygiene knowledge to be able
10 to handle it safely.
11
Q All right, sir. But if we can limit it
12 just to the MSDS sheet, an MSDS sheet from Exxon
13 always went to the customers of Exxon who were
14 buying benzene in large volumes? Is that correct?
15
A
There were also -- in additional to the
16 MSDS sheets, there were also the precautionary
17 labeling that went along to them, and it covered the
18 same area but not as much in detail as we felt was
19 necessary, so we always had to have either telephone
20 or personal conferences with them or send them
21 additional letters and materials.
22
VIDE06RAPHER: We need to go off the record
23 for a second. Off the record 10:24.
24
[Recess]
25
VIDEOGRAPHER: On the record, 10:40.
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
1
MR. SPEARS:
2
Q Professor Hammond, I was asking you about
3 an MSDS sheet. And I don't want to belabor the
4 point here, but what I would like -- and I certainly
5 don't want to be eirgumentative with you. But if
6 it's possible, if you can give me a yes or no answer
7 to my question, if it's possible I would ask that
8 you please do that. You have a right to explain it,
11 s
9 but if you can give me a yes or no answer to this
10 question, I would appreciate it. And what I'm
11 asking you is: Yes or no, did Exxon send out an
12 MSDS sheet to all of the customers who purchased
13 benzene during your time at Exxon?
14
A
Yes, they did. If someone missed it, it
15 was purely by accident and some problem that I
16 wouldn't know about.
17
Q All right, sir. And your knowledge of
18 benzene, Professor Hammond, and the dangers of
19 benzene, have you learned anything in the last few
20 years that you didn't already know?
21
A
I'm not aware of anything that was
22 pertinent to the control and use of benzene.
23
Q All right, sir. Did -- who made the
24 decision at Exxon -- and if it was one person or a
25 committee, I would like for you to tell me. Who
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
195
\
1 made the decision to either send out an MSDS sheet
l 2 or not send out an MSDS sheet, depending upon the
3 product that was being sold? In other words, who
i
1
4 made the decision whether an MSDS sheet was
1
5 appropriate for a particular product that Exxon was
6 marketing?
r
7 A That would be too wide because we were
8 involved with several hundreds of people,
1
i
9 salespeople, and if someone should violate the rules
to-
f
10 of the standard, I wouldn't know about it for that
11 particular person and that product.
f .
1
12
Q All right, sir. Is it safe to say that at
13 least while you were working for Exxon, the company
)
i
14 always sent out an MSDS sheet accompanying a product
/
lj
15 that you thought the customer needed to be aware of
16 about the dangers and health hazards and stuff? li
i.
17
A That was a company-wide policy and we did
18 that and if there was any violation it was a 1 19 violation and not known to the company itself.
20
q
All right, sir. Let me ask you, among some
!
21 of the products that Exxon sold to various
22 industrial customers, was crude oil a product that
i
23 Exxon sold?
1
24
A
I'm not in a position to answer you about
1 ^
25 that. That was already established before I came,
\
i
W A N D A G. K E L L E Y / CSR NELL MCCALLUM & A S S O C I A T E S , INC.
I
19(0
1
1 and it was handled by the marketing department early
2 on and I wouldn't know.
3
Q How long did you work for Exxon, Professor
4 Hammond?
5
A
From April of 1947 until February 1978.
6
Q And it's your sworn testimony today that
7 during that time frame that you worked for Exxon you
8 were not aware of the fact that Exxon was selling
s,
9 crude oil?
10
A No, you misstated me. I didn't say they
11 didn't sell it. They had their customers long
12 before I came; and what they told them in the
13 beginning, I couldn't answer it for you.
14
Q Yes, sir. Professor Hammond, what I want
15 to know, sir, is while you were working for Exxon,
16 between the time you went to work and the time that
17 you retired, were you, Professor James Hammond,
18 aware of the fact that Exxon was selling crude oil
19 to various customers?
20
A
Yes, I was.
21
Q All right, sir. Did Exxon send out an MSDS
22 sheet to the various customers who purchased Exxon
23 crude oil?
24
A Not that I'm responsible for. I did not
25 prepare one.
W A N D A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
\T)
1
1
Q All right, sir. If an MSDS sheet would
2 have accompanied a sale of a product, an Exxon 3 product, would you have had any input on how that
4 MSDS sheet was phrased, during your time frame with
5 Exxon?
6
A
Yes, but I don't know of any situation
7 where that might have occurred.
8
Q While you were working for Exxon, sir,
9 between the time that you went to work there and the
10 time that you retired, were you aware of any need to
11 send out an MSDS sheet with a crude oil shipment?
12
A
No, not any particular shipment
13 specifically, I would not have been aware of that.
14
Q All right, sir. It's true, is it not,
15 Professor Hammond, that crude oil contains some
16 trace of benzene? Is that correct?
17
A
That, I'm not able to answer, no, because
18 there is such a wide variation in the fields in
19 which crude oils are produced, it's not practical
20 for me to tell you as a firsthand knowledge of just
21 how much and where it was. I didn't look into that
22 part for any particular customer.
23
Q Professor Hammond, maybe I misphrased my
24 question. I wasn't asking you to be specific about
25 the percent, the trace percent of benzene in various
W A N D A 6. KELLEY, CSR
'
NELL MCCALLUM & ASSOCIATES, INC.
198
1 crude oil products coming from various fields. I
2 was just asking you, based on your knowledge and
3 your experience while working for Exxon, were you
4 aware that crude oil contained a trace amount of
5 benzene in general?
6
A
Yes, I know most crude oils have trace
7 amounts of benzene as well as many other.
8
Q All right, sir. How did Exxon ship its
9 crude oil to various customers, Professor Hammond?
10 Was it by pipeline, barge, or both?
11
A
Yes, by all means. Much of the crude oil
12 was brought from overseas in tankers.
13
Q All right, sir. Would it also mean that
14 there were times when Exxon employees in various job
15 classifications would be called upon to handle the
16 transportation of Exxon crude oil?
17
A Yes, there would have been those occasions.
18
Q All right, sir. While you were working for
19 Exxon, did you ever feel that your employees who
20 were engaged in the transportation of crude oil,
21 Exxon crude oil, were being exposed to levels of
22 benzene that could be considered as a health
23 hazard?
24
A
No, because we measured the operations, and
25 we knew what they were handling, our employees, and
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
1 we protected them.
2
right, sir. The employee for Exxon who
3 was driving a tanker truck during your watch while
4 you were working for Exxon, the employee who was
5 driving a tanker truck just loaded with crude oil
6 and nothing else, what safety measures did Exxon
7 take to protect that employee, if any, from exposure
8 to the crude oil?
' s
9
A
I cannot answer you, no, I do not know.
10
Q Would that be something that was part of
11 your job, Professor Hammond, to know what rules and
12 regulations were being implemented by Exxon to
13 protect the health, and safety of its employees?
14
A
No. That individual tank driver and his
15 knowledge of the crude oil would not have come to my
16 attention.
17
Q All right, sir. My question, sir, was:
18 How would the driver of the tank truck who was
19 hauling Exxon crude oil, how would he be informed by
20 Exxon, if at all, that the crude oil which he was
21 transporting carried some percent of benzene?
22
A
No, I wouldn't have had that type of
23 intimate knowledge of the driver and his load.
24
Q Well, did Exxon make it a policy _ while
25 you were working for Exxon, did they make it a
W A N D A 6. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
200
1 policy to notify all of their drivers who were
2 transporting crude oil products of the fact that
3 there was some trace amount of benzene in the
4 crude?
5
A No, not to my knowledge, I do not know.
6
Q All right, sir. The individuals who were
7 handling the transportation of crude on barges for
8 Exxon, what information, if any, would be conveyed
9 to those Exxon employees who were handling crude oil
10 for Exxon on barges about the fact that the crude
11 may have some trace amounts of benzene?
12
A
It was covered by our policy that all of
13 the employees associated with dock operations,
14 including barges and tankers and so forth, were
15 under the medical surveillance program all the time.
16
Q All right, sir. And I gather that the
17 drivers of the tank trucks who were carrying crude
18 oil were not under a medical surveillance program
19 similar to the one that you had for the dock
20 workers. Is that correct?
21
A No, not to my knowledge. However, their
22 truck drivers all were subject to periodic physical
23 examinations to determine if they had any changes.
24 It would have been indicated that they were being
25 exposed.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
20/
i
Q Are you saying that all of the Exxon truck
2 drivers who transported crude oil were periodically 3 tested for exposure to benzene?
4
A They had medical examinations that did
5 cover the blood picture, and any changes in the
6 blood picture would have been detected for them.
7
Q Professor Hammond, throughout your
8 career -- and it's been a very distinguished career, 9 and I agree -- throughout your career with Exxon,
10 were you aware of: any literature indicating that a
11 person could contract a leukemia because of exposure
12 to trace amounts of benzene?
13
A
I cannot answer, no, I cannot answer you
14 positively.
15
MR. BAGGETT: Unless you define trace
16 amounts. And I think you do need to define that,
17 for that question to have any relevancy. if it's
18 synonymous with low dosage exposure, then it becomes
19 relevant in '48 or earlier. So I'm saying that
20 you've got to define that, for it to be relevant.
21
MR. SPEARS:
22
Q Professor Hammond, did you understand my
23 question?
24
A No, I did not. I don't know what you mean
25 by trace amounts, nor the condition in which the
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
.
2 <
1 worker was working. I do know that they were all
2 under medical surveillance for any changes that 3 would have been significant for that product, 4 benzene, or for any other chemical that they might 5 be handling.
6
Q Professor Hammond, have you yourself ever
7 used the word trace amount of benzene in any
8 testimony, in any deposition?
' v
9
A
I may have, and that would be referring to
10 materials that were less than one part per million
11 or less than detectable amounts.
12
Q Do you consider the amount of benzene in
13 crude oil that Exxon marketed to be trace amounts of
14 benzene?
15
A
I cannot answer that, no.
16
Q Would that be something that was within
17 your job classification to know whether there was --
18 what percent of benzene was in Exxon crude?
19
A
No, it surely would not have been because
20 of the thousands of sources of the crude oil and
21 including overseas operations.
22
Q Well, Professor Hammond, you stated earlier
23 in your deposition that you never considered any 24 level of benzene exposure as being safe. is that 25 correct?
W A N D A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
03
1
A
That's true, zero for everybody because of
2 susceptibility. But you can collect those people,
3 identify those people easily by a good program,
4 medical surveillance, every annual examinations.
5
Q My question was: If you felt, while you
6 were working for Exxon, that there was no safe
7 amount of exposure to benzene except zero, are you
8 telling the court today that you were not aware of
' s
9 the percent of benzene in the various Exxon crudes
10 that was being marketed by Exxon?
11
A
Yes, I would want the court, the jury, to
12 understand that we didn't take any chances on
13 letting crude or any other product be handled by our
14 employees without knowing its effect upon them, and
15 we could detect that because we had a good medical
16 surveillance program that was ongoing with all of
17 these employees.
18
Q Well, what percent -- don't you need to
19 know the percent of benzene in crude in order to
20 make a reasonable determination of whether that
21 percent of benzene constitutes a health hazard,
22 Professor?
23
A
No, you do not. You have to be backed up
24 by the medical surveillance examinations that would
25 detect any sign of benzene exposure and to warn you
W ANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
,
2<
1 because of the thousands of different locations of
2 fields and different composition of the crude oil
3 you might run into.
4
Q So it's your testimony as a chief
5 industrial hygienist for Exxon, you were not
6 concerned with the various percents of benzene in
7 crude oil? It didn't concern you to even know
8 whether it contained a certain percent or not?
9
A
I would restate, my position was to protect .
10 all employees from exposures that would be
11 significant. And the way that I had, the method of
12 detecting that was by the physical examinations that
13 were being performed on these individuals every year
14 as to whether or not there was any blood changes
15 that could be associated with benzene. That would
16 be the practical and only way you could really set
17 up a program as I set up to handle the protection of
18 the employees.
19
Q Professor Hammond, tell me if I'm stating
20 this awkwardly. And if I am, I'll try to rephrase
21 it. My question to you is: In order to determine
22 if a product constitutes a health hazard -- and I'm
23 talking about an Exxon product -- isn't the first
24 thing you have to know is what percent of benzene is
25 in that product before you can determine if it is or
WANDA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
2
1 is not a health hazard?
2
A Yes, you are talking about products that we
3 would be selling to the public or to the market. We
4 analyzed every potential material, that would go
5 out, for benzene concentration. And there must be
6 25 or 30 of those, and we tabulated that in terms of
7 the quantity of benzene in them, and that was mailed
8 out with our material safety data sheet. And I
9 thought possibly you already have a copy in your
10 files. I would hope you might have.
11
Q Okay. Professor Hammond, while you were
12 working for Exxon, did you ever consider the percent
13 of benzene in Exxon crude to be of any concern from
14 a health and safety standpoint?
15
A No, because there is no safe concentration
16 of benzene that you can handle in the field without
17 control; and you have to be able to detect the
18 employees, whether or not they are being exposed, by
19 some other means than going out and sampling every
20 batch of crude oil that you might be shipping. And
21 if you don't have that types of means of medical
22 surveillance, you really are not meeting your
23 requirements of protection of the employees. We did
24 have that program established and we worked at it
25 very earnestly and very hard and as a result we
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1 never had any problems with benzene.
%
21
2
Q Did Exxon do blood tests on all of the
3 employees of Exxon, every single one of them, every 4 year?
5
A Not every single one. If they were young
6 and had no potential exposure to chemical products 7 of any nature of that type, we didn't do that, but
8 about once every three years we would give the
' s
9 physical. But all the people who were handling
10 products that you have enumerated here would be
11 under that program at least once a year.
12
Q
It's your testimony today that all of the
13 Exxon employees who handled the transportation of
14 Exxon crude oil products regularly took blood tests
15 as part of their physical?
16
A They did.
17
Q
right, sir. At what percent -- and I'm
18 going to use Exxon crude for an example. At what
19 percent do you consider the benzene content to be
20 trace amounts, if we're talking about Exxon crude?
21
A Anything above zero.
22
Q All right, sir. So you're saying that any
23 benzene content at all in crude oil products
24 constitutes a trace amount?
25
A
I did not say that. Anything above zero in
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
20'
1 the crude, and there may be products of crude oil
2 that do not have any benzene in them.
3
Q Are you saying that Exxon had crude oil
4 products -- we're talking about crude oil. I
5 misspoke. Did Exxon have crude oil in its process
6 that contained no benzene at all?
7
A
I do not know.
8
Q
The term Toxigram has come up a few times,
9 Professor. What is a Toxigram?
10
A
That was a name we gave to our
11 precautionary labeling sheet and where we explained
12 the reasons for the cautions that need to be taken 13 in handling a product or need to be made aware to
14 the customer or to the employee to protect them.
15
Q What's the difference -- and tell me if
16 there is a difference -- between an MSDS sheet Exxon
17 and a Toxigram Exxon?
18
A
The sheet is really described legally by
19 the federal, state people, and that just briefly
20 outlines the particular characteristics of a product
21 that would cause you to be safety conscious or
22 healthwise concerned about their product, but it
23 doesn't tell you anything more than the very
24 basics. Whereas, the material safety -- our
25 Toxigram went into full details to disclose all that
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
20;
1 were known, in a very brief summary, of the
2 hazardous nature of the material and how to protect
3 it and how to prevent it and much else.
4
Q Can you tell me what point in time the
5 Exxon Toxigram appeared in correlation with the
6 Exxon MSDS sheet? Which one came first?
7
A The precautionary labeling came first.
8
Q That would be the Toxigram?
9
A And that would -- and the Toxigram became
10 available about 1951 or '2 -
11
Q All right, sir. So the MSDS -
12
A -- to my knowledge.
13
Q The MSDS sheet came first, and then the
14 Toxigram came about in the Fifties?
15
A Early Fifties, yes.
16
Q All right, sir. Professor, as part of your
17 job description as an industrial hygienist, is it
18 fair to say that you try to keep up with the
19 literature dealing with health hazards in the
20 industry?
21
A
Yes. And I don't know what particular
22 health hazards you're looking for.
23
Q
I didn't try to make it too broad, and I
24 apologize if I did, Professor. I was saying that in
25 your job capacity as chief industrial hygienist for
WANDA 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
D I
2
1 Exxon, did you feel it part of your job duties to
2 keep up with the medical literature in general
3 dealing with health and safety hazards in the
4 petroleum industry?
5
A
I did.
6
Q All right, sir. Are you aware of any study
7 written by any individual indicating that a person
8 who handles crude oil, in the transportation of
v s
9 crude oil, is susceptible to leukemia or any disease
10 at all?
11
MR. BAGGETT: I'm going to object to that
12 unless you make the hypothet complete and say crude
13 oil containing percentages of benzene because the
14 benzene is where the warning has been made. I
15 object. And certainly it will be proven, if it
16 hasn't been proven already, that it's common
17 knowledge in the industry that crude oil contains
18 benzene. So I object to your hypothetical question
19 as being incomplete.
20
MR. SPEARS: Fine. Your witness indicated
21 earlier that not all Exxon crude oil contained
22 benzene, Bill.
23
A
No, I did not. I'm not aware of any that
24 did not contain benzene.
25
Q
I'm sorry. Are you saying that all of
W ANDA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
o io
21
1 Exxon crude oil contained benzene? is that your
2 statement today?
3
A There may be -- not to my knowledge, but it
4 may be that there was some field or some area where
5 benzene didn't occur.
6
Q Is it a safe assumption to assume that
7 most, if not all, crude oil that comes from the
8 ground contains some percent of benzene?
'' s
9
A Contains some amount of benzene?
10
Q
Some percent.
11
A Any percent? I'm not sure where your
12 percent starts and stops.
13
Q I wasn't trying to quantify it, sir. I
14 just asked you: Is it a fair statement to say that
15 most, if not all, crude oil contains some percent of
16 benzene?
17
A The reason it's so difficult, I might
18 explain to you that one percent benzene is 10,000
19 parts per million, and certainly that would be
20 considered a very hazardous material, if not handled
21 properly.
22
Q I'm going to ask you again, Professor, and
23 tell me if you can answer this. Is it fair to state
24 that most, if not all, crude oil contains some
25 percent of benzene?
WANDA 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1| 21
1
A
To my knowledge, I would not know which
2 particular product, and I can't be specific to you
3 to tell you with all authority of the world that I
4 would like to, yes, there is some materials in the
5 form of crude oil that does not contain benzene, but
6 I don't know of those.
7
Q All right, sir. Is it fair to state that
8 while you were working for Exxon and your knowledge
S-
9 of the crude oil that Exxon marketed, that all of
10 the Exxon crude contained some percent of benzene?
11
A
No, no, I cannot tell you that.
12
Q You cannot say that?
13
A No, I cannot tell you.
14
Q
So are you saying, then, there is some
15 crude oil products that does not contain benzene?
16
A
I do not know of them, and I would want --
17 wouldn't want to exaggerate. I'm not aware of any
18 benzene-free products.
19
Q All right, sir. Going back to my original
20 question, then, and Mr. Baggett has made his
21 objection. Are you aware of any articles written in
22 the literature indicating that a person who handles
23 crude oil, in the transportation of crude oil, is at
24 a higher risk of contracting leukemia?
25
MR. BAGGETT: I still come back and say
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
219-
2
1 it's not a complete question unless you enumerate
2 whether or not it contains benzene and the
3 percentages that it contains.
4
MR. SPEARS: The objection is made.
5
Q Professor, can you answer my question?
6
A Repeat your question.
7
Q Yes, sir. Are you aware of any literature
8 while you were working for Exxon or any literature 9 that you have read up until today indicating that a
10 person or persons who handles the transportation of
11 crude oil is at a higher risk of contracting
12 leukemia?
13
A
Yes, I would just relate to you what we
14 considered was a minimum safe program to have all of
15 our dock workers and other handling, loading and
16 unloading cars, trucks, and so forth, with any
17 regularity or with any routine practice to be under
18 the benzene control program.
19
Q
I'm going to respectfully object to your
20 answer, Professor Hammond, as not being responsive
21 to my question. My question to you, sir -- and tell
22 me if I'm not being clear. I'll try to be clear.
23 Are you aware of any literature, medical articles,
24 while you were working for Exxon or any articles
25 that you have read since leaving Exxon, indicating
W A N D A 6. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
13
2
1 that a person or persons who handles crude oil, in
2 the transportation of crude oil, is at a higher risk
3 of contracting leukemia?
4
MR. BAGGETT: Same objection I made
5 earlier.
6
MR. SPEARS: All right, sir.
7
Q Are you eiware of any such literature,
8 Professor?
9
A
To my knowledge, it was necessary to
10 consider these people handling any crude oil or any
11 other petroleum products that there were benzene
12 present and we needed to take the precautions to
13 have them on the program.
14
Q Professor, we're going to be here a long
15 time, sir, if you don't answer my question. And I
16 don't want to be argumentative with you. I'm asking
17 you about literature. Do you understand what a
18 medical article is?
19
A
Yes, I do, and we prepared our materials
2C out in advance of any other. So I already knew what
21 you were asking as being necessary to be done.
22
Q
I'm going to try to take it step by step.
23
MR. BAGGETT: Ken, I'm going to object to
24 you pursuing this line unless you tell him whether
25 or not the crudes involved contains benzene or not.
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
' `
1 You are trying to delineate it to crude, quote, and
2 you can't do it without knowing what the components
3 of crude are for it to have any relevance to this
4 litigation.
5
MR. SPEARS: Bill, I appreciate your
6 objection. I really don't believe the professor is
7 answering my question, so I'm going to try to pursue
8 that.
' s
9
Q While you were working for Exxon, Professor
10 Hammond, did you read medical articles or literature
11 from various medical publications? Yes or no.
12
A No. In regard to what you're getting at, I
13 do not understand the question. But, no, I didn't
14 read any such articles.
15
Q Now, tell me how you can operate as a chief
16 industrial hygienist for Exxon without reading
17 medical articles and literature.
18
MR. BAGGETT: I think his answer, you
19 missed -- your question is objectionable to form
20 because you misstate what he has responded, and you
21 missed -- you are not articulating it correctly. He
22 said which you are referring to, which is crude,
23 whether or not it contains benzene. It's the same
24 argument we're facing.
25
MR. SPEARS:
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2 1f
1
Q
My question didn't say anything about
2 crude, Professor. I want to take it step by step
3 with you. While you were working for Exxon as chief
4 industrial hygienist, did you or did you not read
5 medical articles and medical literature dealing with
6 the safety and health hazards of products in the
7 petroleum industry? Yes or no.
8
A
Yes. And I think that I should explain
' s
9 that. It would average between 30 and 40 journals a
to
10 month and covered all hazardous materials in the
11 nature of occupational diseases.
12
Q All right, sir.
13
A There were none, neither English, nor
14 French, nor Italian, or German that came to my
15 attention that I didn't get a translation and read,
16 if it was something new.
17
Q All right, sir. Now -- excuse me. Are you
18 finished?
19
A As well as English.
20
Q All right, sir. Now,referring to all of
21 those articles that you just articulated, all of the
22 articles that you have read during your career with
23 Exxon, do you recall reading any article indicating
24 that a person or persons who are in the business of
25 transporting crude oil are at a higher risk of
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2
1 contracting leukemia?
2
A
No, I don't remember that detail.
3
Q All right, sir. In the articles that you
4 have written -- I mean read and just articulated,
5 are you aware of any articles from that literature
6 indicating that a person or person who transports
7 gasoline is at a higher risk of contracting
8 leukemia?
' s.
9
A No, at this time I don't remember any
10 specific article.
11
Q All right, sir. When you were working for
12 Exxon, did Exxon send out an MSDS sheet to the
13 customers who purchased gasoline, sir?
14
A
Yes, we did, regularly, and it was a well
15 established program.
16
Q Was that something that was established
17 after you came to Exxon, or was that something that
18 was already implemented when you came to Exxon?
19
A
It was already an ongoing program.
20
Q
So each customer who purchased Exxon
21 gasoline would have received an Exxon MSDS sheet.
22 Is that correct?
23
A
I cannot answer that, no, because there
24 were millions and millions of people buying gasoline
25 that I wouldn't know about. And I haven't taken an
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
an
1 interview with all of them.
2
i understand, sir, and it wasn't ---- maybe I
3 didn't articulate my question. It was Exxon's
4 policy, then, to send out an MSDS sheet accompanying
5 all gasoline shipments to customers. is that
6 correct?
7
A Again, that's too broad for me to be able
8 to answer it, because all shipments, and it might 9 have been some that were shipped that they did not
10 follow the policy of the company.
11
Q Did each product that Exxon used an MSDS
12 sheet with, did each such product also have a 13 Toxigram accompanying it when the Toxigram policy 14 came into effect?
15
A No.
16
Q How would you make a determination about
17 whether a particular product had an MSDS sheet that
18 went with it but not a Toxigram?
19
A By knowledge of the particular hazardous
20 nature of the material. If it was just strictly
21 limited to explosion and fires, we would not put out
22 a Toxigram on it.
23
Q Did Exxon send out a Toxigram on crude oil
24 that it marketed to its various customers, to your
25 knowledge?
WANDA 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
A
I can't remember that we did.
S./2 2
2
Q All right, sir. Would that be something
3 that would have been within your department to know
4 if such Toxigrams were or were not being sent while
5 you were working for Exxon?
6
A No, it was never brought to my attention.
7 But had it been a material of a hazardous nature
8 other than the ones I mentioned, I'm pretty sure
9 that my committee would have been the one to devise
*
,
10 such a Toxigram if we needed it.
11
Q As part of your work with Exxon, did you
12 from time to time actually go out into the various 13 physical plants belonging to Exxon or Humble to do 14 surveys?
15
A i did.
16
Q All right, sir* Did you go to the Baytown
17 facility on occasion?
18
A I did.
19
Q All right, sir. When you went to the
20 Baytown facility, did you take readings of, for
21 example, benzene in theatmosphere?
22
A In some time,where it was indicated.
23
Q All right, sir. When you visited the Exxon
24 facility in Baytown and specifically took readings
25
the benzene content in the atmosphere, do you
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1 recall if you ever found any benzene present at 20
2 to 30 ppm?
3
A
I don't think I was ever there when that
4 type of concentration was created, no.
5
Q Would you consider that to be a high
6 concentration of benzene in the atmosphere, sir, or
7 a low concentration?
8
A s Anything above zero levels of benzene s.
9 persisting in the air where employees might be
10 exposed is entirely too high.
11
Q All right, sir. If there were readings at
12 the Exxon facility in Baytown of 20 to 30 ppm of
13 benzene at various times, would you consider that to
14 be a violation of Exxon policy?
15
A
It would be very strictly a violation, and
16 the individuals that had a potential exposure would
17 always be under our medical surveillance program and
18 the biotesting program of urinary phenols and other
19 measures that we take.
20
Q All right, sir. You consider, Professor
21 Hammond -- and correct me if I'm wrong. You
22 consider the benzene facility that was constructed
23 at Baytown, when it was constructed, to be, quote,
24 state of the art as far as safety?
25
A
It was an advanced pioneering plant that
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2
1 was constructed with the best procedures we could
2 devise and think of. And all of this was published 3 and you have copies, I'm sure.
4
Q
Yes, sir.
5
A
But no secrets about any of our exposures
6 nor how to control them that we knew about. That
7 was clearly brought out to me the first two or three
8 months I was with the company, that we had no secret
' N.
9 on health and safety matters, from our competitors
10 or anyone else.
11
Q All right, sir. I want to show you a
12 document, Professor, that I'm going to mark as
13 D-l* It's dated February 13, 1958, addressed to
14 Mr. T. S. Howell at Baytown. Who was Mr. T. S.
15 Howell?
16
A
Dr. Howell, he was a physician in the
17 medical department.
18
Q All right, sir. Take a second to read
19 that, Professor.
20
A All right.
21
Q All right, sir.
22
MR. BAGGETT: Excuse me. May I see that?
23
MR. SPEARS:
24
Q Professor Hammond,specifically with
25 Exhibit D-l, dated February 13, 1958, this indicates
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
22
1 to me that this was a written -- you memorialized
2 one of your visits to the Baytown facility at which 3 time you participated in some air sampling. Is that
4 correct?
5
A
I don't recall the details of that safety
6 trip, no.
7
MR. BAGGETT: Of course, I object to what
8 it appears to you. The document speaks for itself,
9 once it's authenticated.
10
MR. SPEARS:
11
Q Professor Hammond, this document which is
12 D-l, and I'll quote from it, indicates that -- it
13 said: We found that the concentration at the eye
14 wash fountain near the oil separator at breathing
15 level was 20 to 30 ppm. Is that what the document
16 says?
17
A Yes.
18
MR. BAGGETT: Excuse me. Just so my
19 objection is reserved until that document has been
20 authenticated to be what it purports to be, and then
21 it would speak for itself. I just want to reserve
22 my objection.
23
MR. SPEARS: Do you have any reason to
24 believe that this is a false document?
25
MR. BAGGETT: I have no reason to believe
WA ND A G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
,L
)
ax?-
anything about it because the proper foundation hasn't been laid for reference to it. And you can question him about it; but until it's authenticated, then I've got to object, Ken. I'm sure you will do what you've got to do to get it into evidence, if
it's relevant.
HR. SPEARS: q ,s All right, sir. This document that is
Exhibit D-l indicates that the ppm concentration of .
benzene at the breathing level near the eye wash
fountain was 20 to 30 ppm. Is that correct?
A
No, it doesn't tell me how long it had been
20 to 30. A leak had just developed, apparently, at
that area and they had to do some plumbing to
correct it, to close the leak.
1
q
Let me read it to you, Professor, and tell
me if I'm reading this wrong. It says: We found
that the concentration range at the eye wash
fountain near the oil separator at breathing level
was 20 to 30 ppm. Is that what it says?
A
It says more than that, to me. It says
that we were on the job, and as soon as the leak had
developed that we were on top of it to take care of
it. And it was an ongoing program, and we didn't --
as you see, we didn't tolerate it to be there. And
W A N D A 6^ K E L L E Y , CSR NELL MCCALLUM & ASSOCIATES, INC
22
1 the people that were exposed to that, potentially
2 exposed to that, was under medical surveillance, and
3 it tells me that we run urinary phenol on the people
4 and make sure, medically supervision of it, that
5 they would be examined to make sure they hadn't been
6 exposed to any benzene. It just further expands
7 what I've been trying to tell you. We had an
8 airtight, gastight ongoing program for our company.
9 We were very proud of that letter. Glad you brought
10 it up. The jury would understand that we were on
11 the job and we had a program to take care of any
12 situation that might develop.
13
Q Then you recognize this letter as a letter
14 that you would have generated as part of your
15 surveillance of the Baytown refinery?
16
A
I generated that letter and am very proud
17 of it.
18
MR. BAGGETT: Then I withdraw the
19 obj ection.
20
MR. SPEARS:
21
Q Okay. Professor Hammond, then, this -- and
22 correct me if I'm wrong, but -- and I would like for
23 you to tell me, if you can, in a yes or no answer,
24 does this letter state, yes or no, that a
25 concentration of 20 to 30 ppm of benzene was found
WA ND A G. KELLEY, CSR " NELL MCCALLUM & ASSOCIATES, INC.
2:
1 at the eye wash fountain near the oil separator at
2 breathing level? Yes or no.
3
MR. BAGGETT: Ken, that letter speaks for
4 itself. I've already said that. If you're trying
5 to attach some significance to it because of taking
6 something out of context, not listening to the 7 doctor's -- professor's testimony, then that's not
8 fair to him. And he's explained that letter, what
9 it means to him, and you're taking something out of
4
*
10 context which speaks for itself.
11
MR. SPEARS:
12
Q Can you answer my question, Professor?
13
A Repeat your question.
14
Q Does the letter, that you said you are very
15 proud of, indicate that you participated in air
16 monitoring and found a 20 to 30 ppm level of benzene
17 at the breathing level at the Baytown refinery near
18 the oil separator?
19
A
Yes, and it illustrates how alert we were
20 to be on the job to make sure that no one was
21 exposed to that. And we have no proof until we run
22 our medical surveillance and urinary phenol whether
23 anyone might have been exposed to any
24 oncentration. And the matter of them drinking
25 ater at that fountain would be maybe not long
WANDA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
MS'
,
2
1 enough for then to show up in any picture, but we
2 corrected it without any assurance that anybody had
3 ever been exposed.
4
Q Does this letter that I have marked as
5 Exhibit D-l indicate also that there were two or
6 three other locations where you found leaks, such as
7 dripping sampling cocks?
8
A
It does. And that, again, it tells you how
9 strong and strict our program was, how thorough it
10 was, how we were on the -- daily we were on the job,
11 and we just didn't let people be exposed to
12 benzene. We felt that zero level was the only one
13 that was safe for them.
14
Q How many times did you go to the Baytown
15 facility to take such tests as exhibited in D-l, on
16 a weekly basis, Professor?
17
A
Entirely depends upon the need for my
18 presence.
19
Q Did you have to be there for this sampling,
2C air sampling to take place, or somebody else could
21 do it?
22
A
I had a Fh.D., Dr. Herman was there on the
23 job 24 hours a day, as far as the need, and he was
24 thoroughly capable of -- as well as several other
25 people in the refinery -- to make samples and take
W A N D A 6. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
22 1 Isamples.I
2
Q
Well, thank you, Professor.
3
Who is J. A. Allen, Hr. Hammond?
41
A
Where did you find out Mr. J. A. Allen, and
5 what occasion?
6
Q
I'm asking you, do you know a J. A. Allen?
7
A
Well, I know Allens. I don't know if it's
8 J. A. specifically, but there are a lot of Allens in
9 this world.
10
Q
You do not recall the name J. A. Allen?
11
A
I do not recall that individual.
12
Q
Do you recall a Mr. E. F. LeBrocq?
13
A
Yes.
14
Q Who is he, sir?
15
A
He was an assistant industrial hygienist
16 that worked at the Baytown refinery some, as well as
17 other locations, yes.
18
Q And who was Mr. B. G. Simpson, sir?
19
A
He also was an associate for Mr. LeBrocq,
20 and they worked together. And I have it in mind
21 they were stationed for a while at the Baytown
22 refinery.
23
Q All right, sir. I #m going to show you a
24 document, Professor Hammond, that I've marked D-2,
25 which on the cover sheet indicates it's an Exxon
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
ms
2:
1
Q
But on page 1 of the document, Professor
2 Hammond, does it not indicate that there was
3 significant potential for exposure to benzene to
<
4 some of Exxon employees?
5
A
it does not say anything about whether
6 were really exposed, it just said potentially
7 exposed. And also, they probably had to be wearing
8 respiratory protection while they were doing that,
s \
9 as a general practice.
10
MR. SPEARS: I'm not finished. I want to
11 ask him some more questions.
12
MR. BAGGETT: Has that been marked for
13 identification?
14
MR. SPEARS: D-2.
15
Q These type of surveys were done routinely
16 within the Exxon plant, were they not?
17
A
That's right. It illustrates -- what year
18 was that?
19
Q 1975, sir.
20
A Well established program had been running
21 for more than 20 years, and those individuals were
22 tested regularly.
23
Q Professor Hammond, again on page l of
24 Exhibit D-2, which is the industrial hygiene study
25 of the aromatics extraction unit at the Baytown
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
22
1 chemical plant, dated October 1975, does it not
2 indicate that high concentrations of benzene were
3 found coming from open sewer grates in the facility 4 and that this study recommended that introduction of
5 aromatics to the sewer should be eliminated? Is
6 that not what it says?
7
A
It does that. And, again, it illustrates
8 how carefully we were monitoring at the refinery and
9 all the operations ongoing because the people who
10 worked at that unit had been on our medical
11 surveillance program for at least 20 years and it
12 was probably due to -- and that had been surveyed 13 many times without finding a condition. Indicates 14 that there had been somewhere a cross connection or
15 a leak that developed and needed to be corrected,
16 getting into storm sewers.
17
Q All right, sir. And does the report
18 indicate how long this particular problem was
19 allowed to go on?
20
A
You have the report. That was a violation
21 of our rules if it was knowingly allowed to go even
22 for one day, that would have been in serious
23 violation of our standards. And that was the reason 24 i t was so i n t e r e s t i n g to me t h a t t h e y h a d found
25 probably a brand new leak, a development shortly
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2
1 after it had developed and never did show up in any
2 of the medical finding and medical surveillance that
3 was ongoing for our people. Those persons working
4 in that unit had been on -- about 1975, they had
5 been on 30-odd years at least, maybe 40, of the
6 medical surveillance for indications of benzene
7 exposure.
8
Q Professor Hammond, in 1975, what did you
's
9 consider to be the threshold limit value of exposure
10 to benzene?
11
A Zero.
12
Q All right, sir. And was that a company
13 policy, sir?
14
A That was a company policy since 1947.
15
Q All right, sir.
16
A That I know about.
17
Q All right, sir. Let me show you page 6 of
18 Exhibit D--2 where there is a specific date of
19 October 7, 1975, indicating a sample location and
2C benzene being found, and there is a threshold limit
21 value put next to it in another column. What is the
22 threshold limit value of benzene in that document,
23 sir?
24
MR. MYERS; What is it?
25
MR. SPEARS:
W A N D A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
Q Yes, what number is it, sir?
Mi 2
2
A 10.
3
MR. BAGGETT: And he can explain that if he
4 wants to.
5
A And they talked about the air contamination
6 level, parts per million. We measured one part per
7 million, see, it shows here, but 10 would have been
8 legally acceptable if the NIOSH people or the OSHA
9 people, they come in, or the state Department of
10 Health, anyone in enforcement. That's the only
11 reason that's put there. Just shows how much better
12 we ran our company. I'm very proud of that.
13
MR. SPEARS:
14
Q All right, sir. And this document, if one
15 ^ould look at it, it's an Exxon document and it does
16 say on its face the threshold limit value of 10 ppm
17 for benzene. Is that correct?
18
MR. BAGGETT: Ken, that's misstating and
19 that's really misleading. The man has said that was
20 the legal TLV, but he said Exxon's TLV was zero by
21 their policy. And that's been spelled out. And
22 what you are trying to do is put something contrary
23 in the record. The document speaks for itself, and
24 it's been explained. So I object as to the form of
25 the question because it's an improper summation of
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
232
1 what's previously been said.
2
MR. SPEARS:
3
Q
All right, sir. Professor Hammond, subject
4 to that objection, this Exxon document D-2, does it
5 not state, where my finger is, Threshold Limit Value
6 (ppm)? Is that correct?
7
A
The purpose of that is not that we were
8 using that value as a health measure, but to let the
's
9 supervisors and management know that if someone came
10 in, an officer came in from either NIOSH or from the
11 State Health Department or the County Health
12 Department, that we would not be charged with a
13 legal violation of the OSHA or the State Department
14 of Health. That's all, just for management and
15 supervisors' knowledge. They maybe didn't know what
16 it might be, whether that one part per million was
17 in violation or not.
18
Q All right, sir. I'm going to ask you the
19 question again, Professor Hammond. The document at
20 page 6, Exhibit D-2, does it not state Threshold
21 Limit Value? Is that correct?
22
A
No, it only states what the legal
23 enforcement level of the product would have been.
24
Q
I'll a s k it t h i s w a y , P r o f e s s o r H a m m o n d .
25 Would you read to me what I've highlighted in yellow
WANDA G. KELLEY, CSR
'
NELL MCCALLUM & ASSOCIATES, INC.
23
1 on page 6 of the document?
2
A
No, I see no purpose in my reading that.
3
MR. BAGGETT: It speaks for itself. He's
4 explained it a thousand times.
5
MR. SPEARS: Well, he's done a lot of
6 things, but explaining it he's not.
7
MR. BAGGETT: He has explained it. He's
8 explained that the paper has a threshold limit value s.
9 of 10, why it's there, for management, and what it
10 is, is the legal limit. And it's not inconsistent
11 for him to say that Exxon's adopted standard was
12 zero.
13
MR. SPEARS: We're going to get to that in
14 a minute, but right now I want to talk to him about
15 what the document says.
16
Q Does the document say threshold limit value
17 10 ppm, Professor Hammond?
18
A I agree he read that into the record.
19
Q And I read it from the document? You can't
20 read that, Professor Hammond?
21
A I see no purpose inmy reading it.
22
Q Can you read it?
23
A What part?
24
Q
The part that X havehighlighted in
25 yellow.
WA ND A G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
23U
1
.
HR. BAGGETT: Sir, we'll stipulate that
2 subject to his explanation which has been given
3 umpteen times that the document says threshold limit
4 value 10. We'll stipulate to that.
5
MR. SPEARS: All right, sir.
6
THE WITNESS: Very proud of that.
7
MR. SPEARS:
8
Q
I'm going to show you -- refer you to page
v s
9 12 of this document, Professor Hammond, which is the
10 1975 industrial hygiene study of the aromatics
11 extraction unit at the Baytown chemical plant. I'm
12 going to ask you if it does not state that the
13 allowable standard for short-term exposure to
14 benzene is 25 ppm?
15
A
The allowable standard for law enforcement,
16 yes, is 25 parts per million.
17
Q
Is that what the document states?
18
A
Not necessarily, but that's there because
19 we have basically the zero control for our standard,
20 and everyone knew it, even a new employee like
21 Simpson and LeBrocq.
22
Q On page 6, where you and I got into an
23 argument, and I apologize for you, you wanted to
24 tell me that 10 --
25
A
You don't need to apologize to me.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1
Q Well, when I asked you what the threshold
2 limit value was of 10, you said the significance of
3 that was 10 was the legal limit. And on page 12 of
4 the same document, it says the allowable standard is
5 25 ppm, does it not?
6
A
Let me explain to you. For short-term
7 exposure is five, from five to 15 minutes. And that
8 is part of the problem with you not being
' s
9 professionally trained trying to interpret the ACGIH
to
10 standard. And that has definite meaning of the
11 purpose of having it 25 parts per million.
12
Q Well, are you telling me that there was a
13 10 ppm legal limit that you understood and then
14 there was a 25 ppm allowable standard? Is that what
15 you are saying?
16
A
Do you know what the 10 parts per million
17 covers, what period it covers, and how you go about
18 determining that?
19
Q Let me ask the questions, Professor
20 Hammond, please.
21
A Well, I'm trying to get you to understand
22 what I'm saying. We had a zero level, and we were
23 putting down here the OSHA and the State levels that
24 would be enforceable by law if you violated them.
25
Q Well, the level that you were concerned
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2
1 about enforcement, was it 10 ppm or 25 ppm, in
2 1975?
3
A Neither one for our purposes. This is an
4 internal report that was going to people who were
5 knowledgeable and knew what the program was.
6
Q Does this document at page 12, which is the
7 industrial hygiene study of the aromatics extraction
8 unit, Baytown chemical plant, dated October 1975,
9 indicated that one of the practices that you
10 discovered or was discovered in this survey was
11 exposure to benzene caused by flushing sample lines
12 to the pad in the unit?
13
A That says that should be corrected, that be
14 stopped. Who set up the method of flushing sample
15 lines, I do not know. But anyway, my industrial
16 hygienists detected it, and they put a practice, a
17 stop to it.
18
Q Okay, sir.
19
A Again, we had an alertteam, andwe didn't
20 let any of those type of conditions exist. So it's
21 another proof of our good program.
22
Q Well --
23
A And all of those --point outagain, all of
24 the operators that worked around that unit were on
25 our benzene exposure medical surveillance list.
W A N D A 6. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
2
1
Q
Professor Hammond, while you were working
2 for Exxon, certainly in the early years, say, in the
3 Forties, Fifties and Sixties, Exxon had or the 4 company had company-owned service stations, did they 5 not, throughout the country?
6
A They did.
7
Q All right, sir. And most of those what we
8 used to call full-service service stations have just
's
J
9 about disappeared by now, have they not?
10
A
I am not able to make any intelligent
11 evaluation of that.
12
Q What I meant was that there seems to be a
13 proliferation of self-service service stations now;
14 but back in the Forties and Fifties and Sixties,
15 there were very few self-serve service stations,
16 weren't there?
17
A
I'm not aware of the numbers. Today most
18 would have several pumps that might be full service;
19 you can get all of the red carpet treatment you want
20 if you stop in there, sir.
21
Q While you were working for Exxon during the
22 time frame when they had full-service Exxon service 23 stations, did you consider the person or persons who 24 tfere pumping gas in the cars on a regular basis to
25 oe at a risk of contracting a leukemia or a cancer?
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
5 * 2:
1
A
I did not because that had been studied by
2 the United States Public Health Service and various
3 state organizations, and they did not ever classify
4 it as being hazardous.
5
Q Okay, sir. Were you aware, when these
6 self-service service stations were using Exxon gas
7 in the Forties and Fifties and Sixties, that those
8 Exxon gasoline products contained some amount of
' s.
9 benzene?
10
A
No, I could not give you any amount or help
11 you in that question.
12
Q
I didn't ask you an amount, Professor, and
13 maybe I awkwardly phrased my question again. While
14 you were chief industrial hygienist for Exxon,
15 during your watch, were you ever aware that Exxon
16 gasoline contained any amount of benzene?
17
A
No, I was not.
18
Q You were not aware of that?
19
A No, because we had extracted every drop of
20 benzene we could possibly get from these potential
21 gasoline products before they got to the gasoline
22 stage, and selling them as fuel was a money losing
23 proposition if we could extract it out.
24
Q So it's your testimony here today that to
25 the best of your knowledge, the Exxon gasoline that
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
)
*
i
S-*.
) 1
3>l 2 : was sold during your tenure contained zero percent
Of gasoline -- of benzene?
A No, I could not say that. i never did see an analysis of all the gasolines that we sold.
Q Well, were you aware of the fact that Exxon gasoline, in the Forties, Fifties and Sixties, contained any amount of benzene whatsoever, Professor Hammond?
' s
A No, I was not aware of it.
Q
Is that something that you should have been
aware of?
A
No, it would not have been my
responsibility. That was a public health problem.
Q Why would you consider it a Public Health problem?
A
Because they were all over the outside and
many owned their own stations and we had no either
privilege nor authority to investigate them;
whereas, the Public Health people were responsible for that.
Q
It's true, is it not, that many of the
service stations that Exxon owned in the Forties and
^fties and Sixties were owned by Exxon?
A
They were.
Q All right, sir. And the employees at those
WA ND A 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1 service stations were Exxon employees?
a4o
2
2
A
Some of them were.
3
Q All right, sir. You did not consider the
4 fact that those Exxon employees were pumping
5 gasoline that contained some amount of benzene as
6 being a possible safety hazard?
7
A No, and I doubt if they ever had any
8 exposures.
' *v
9
Q Why do you say that, Professor?
10
A Because the nature of the material we sold.
11
Q I thought you weren't aware of the benzene
12 content at all of the gasoline that you sold.
13
A I'm not aware of all of them, and I'm only
14 speaking for the Public Health aspects of it that
15 they were never brought to anyone's attention that
16 it was a hazardous operation.
17
MR. SPEARS: Take a break for a second.
18
VIDEOGRAPHER: Off the record, 11:48.
19
[Recess]
20
VIDEOGRAPHER: On the record, 11:54.
21
MR. SPEARS:
22
Q Professor Hammond, I was asking you, just
23 before the break, about the Exxon service stations
24 in the F o r t i e s and F i f t i e s and S i x t i e s that w e r e
25 owned by Exxon and run by Exxon employees, and if we
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
Q ll
24
1 can limit my question just to those service
2 stations. Did you consider the fact that those
3 Exxon employees were pumping gas on a daily basis
4 into cars as being a source of potential health
5 hazard for those employees?
6
A
That was not my responsibility.
7
Q All right, sir. And why was it not your
8 responsibility? And I'm limiting it just to the 9 Exxon service stations owned by Exxon, run by Exxon
10 employees.
11
A
Those particular individuals came under our
12 contract -- I mean usual program and were examined 13 every year or more often.
14
Q The individuals whom I'm speaking of would
15 be Exxon employees. You understand that?
16
A Yes, I do.
17
Q And they would be pumping gas into cars.
18 Do you understand that?
19
A I do.
20
Q All right, sir. Based on your knowledge
21 and experience, do you consider the fact that these
22 individuals pumped gas in cars on a daily basis as
23 being a source of a potential health hazard?
24
A No.
25
Q All right, sir. And theliterature,
W A N D A G. KELLEY, CSR
"
NELL MCCALLUM & ASSOCIATES, INC.
9(fr'
1 Professor Hammond, that we spoke about earlier in
2 your deposition, I'm talking about the literature in 3 the Forties and Fifties and the Thirties and
4 Forties, back then, that dealt -- that spoke in
5 terms of low concentrations of benzene. it's true,
6 is it not, that 40 years ago a low concentration of 7 benzene was close to 100 parts per million?
8
MR. BAGGETT: I'm going to object to that
9 unless you can point me to something that says that,
10 that's in the API, which is completely contrary. i
11 don't know how you can define low concentration
12 without defining it for him.
13
MR. SPEARS: I appreciate your objection,
14 Bill, but I believe the Professor understands what
15 I'm asking. And if you don't, you can tell me,
16 Professor.
17
Q But it's true, is it not, that the
18 literature that spoke in low concentrations, 40 or
19 50 years ago, the low concentrations that they were
20 talking about were in the neighborhood of 100 ppm?
21 Is that correct?
22
A No.
23
Q Sir?
24
A No.
25
Q That's not correct?
?&ANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
A
No.
ft43
Q All right, sir.
| A i do not know what the definition for low concentration was.
Q Let me show you an exhibit, Professor, that I'll mark as Exhibit D-3 which is an excerpt from your testimony under oath in the case of Skeen
versus Monsanto. case, Professor?
Do you recall testifying in that
A
I do.
Q You did testify?
A
I did.
'Q
right, sir. At page 13 of the
transcript, the question was asked of you:
"What is a small amount, 40 or 50 years ago, what was a small amount of the low concentration of benzene?"
And your answer was: "Forty or fifty years ago, the criteria was that we would get it down to below a hundred parts per million."
A That was the legal value.
Q sir?
Was that your answer in the Skeen case,
A
It was, and it applied to a legal
responsibility.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
24
MR. BAGGETT: Taking something out of
context, I*, going to object to it until I review
the entire deposition, but the Professor has explained it.
I
MR. SPEARS:
Q
All right, sir. Let me ask you again, sir,
and this is at page 14 of the transcript of the
Skeen testimony. And I'll read you the question
verbatim, Professor, from the Skeen transcript.
"So in the literature 40 or 50 years ago,
if they discussed low concentrations or small
amounts, you could safely assume that they are
talking about something in the range of a hundred parts per million; isn't that right?"
And your answer, under oath, was, "Yes." Correct, sir?
A The legal application did not apply until you had gotten above a hundred parts per million. That's what my answer to that is. it doesn't ask what my personal threshold limit value.
Q No, sir. The question that was asked of you is the same question I'm asking of you _
A it was a legal question. Q 40 or 50 years ago, when you read the
A
documents that are 40 years ago and they talk about
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1 low concentration, 40 or 50 years ago, low
V & 24
2 concentration back then was a hundred parts per 3 million?
4
A
Less than a hundred parts per million.
5
Q Around that area, right?
6
A No, not necessarily.
7
Q Between 75 and a hundred?
8
A
I cannot answer you any better than it was
N s.
9 less than a hundred parts per million, legally.
10 Some of the states had adopted 75, and some had
11 adopted 50 --
12
Q Well, Professor Hammond --
\
13
A
-- at that time. But legally, Texas, I
14 don't know what it was at that time, I wasn't here.
15
Q
I'm going to refer you again, in the Skeen
16 testimony, under oath at trial --
17
A That's right.
18
Q -- you were asked: You could safely
19 assume, 40 or 50 years ago when they were talking
20 about low concentrations, they were talking about
21 something in the range of a hundred parts per
22 million; isn't that right? And your answer was 23 yes. Is that correct?
24
A
Yes, legally, yes, that was right. And --
25
Q Are you aware, based on your experience,
WAN DA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
94s
2
1 knowledge, Professor Hammond, of any article
2 indicating that benzene is a human leukemogen at a
3 level of 10 parts per million or below?
4
A Yes, there is a great deal in the
5 literature about that.
6
Q And how long have you known that,
7 Professor?
8
A Since 1942.
9
Q All right, sir. Again, Professor, I'm
.
10 going to refer you to page 20 of the transcript of
11 the Skeen testimony where this question was asked of
12 you:
13
"Is benzene a human leukemogen; that is,
14 does it cause leukemia in humans at the level of 10
15 parts per million?"
16
And your answer, under oath, was: "I'm not
17 aware of any experiences or cases where it was
18 proven that 10 parts per million caused that."
19
MR. BAGGETT: I'm going to object to the
20 manner in which you have approached that because
21 your prior question does not allow or serve as a
22 foundation for approaching him with a document that
23 way. What you've asked him a question on and what
24 you just read to him are entirely two different
25 things. So I object to the manner and foundation.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2 A
1
MR. SPEARS: All right, sir.
2
Q
When you testified in the Skeen case, you
3 testified under oath that you were not aware of any
4 cases or anything in the literature proving that
5 benzene was a leukemogen at 10 parts per million.
6 Is that correct?
7
A I did not have information personally, and
8 that was a medical question I would rather somebody
9 else answer.
10
Q You have already testified that everything
11 you have known about benzene you have known in the
12 last 40 years, 50 years?
13
A
50.
14
Q
You haven'tlearned anything new in the
15 last few years. Is that correct?
16
A
Not that changed my zeroconcentration
17 necessary to keep -
18
Q So when you testified under oath in the
19 Skeen case that you were not aware of any
20 experiences or cases where it was proven that 10
21 parts per million caused leukemia, you were
22 testifying truthfully, were you not?
23
A
I did not know of any tests where they had
24 air samples or any other proof of the exposure
25 level, and I still don't have that information.
W A N D A G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
24
1
Q My question was: When you testified that
2 you were not aware of any experiences or cases where
3 it was proven that 10 parts per million caused
4 leukemia, were you testifying truthfully?
5
A
Yes. You would have to have the case
6 leukemia and you would have to have his work period
7 and concentrations as to how much he was exposed for
8 40 hours a week throughout his lifetime, maybe 40
9 years, and I didn't know of any case like that.
10
Q What is the ACGIH, Professor?
11
A American Conference of Governmental
12 Industrial Hygienists.
13
Q Are you a member, sir?
14
A
No, not today.
15
Q Were you a member?
16
A
I was.
17
Q
Is it a very well respected organization?
18
A
It has its good membership. And in what
19
or where, who respects it and so forth, would
20 you ask me the question?
21
Q Just generally in the industry, is the
22 ACGIH respected as being consisting of people like 23 yourself, when you were a member, of knowledgeable
24 people in the industry?
25
A
Generally that was a value that was adopted
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
m {
2
legally and enforced by some states, counties,
cities and nation, is what I know about it.
Q Well, when you were a member of the ACGIH,
Sir, is it true that the ACGIH classified benzene as a suspected human carcinogen?
A
I remember that term and I objected to it
but I was just one member of the team. Like all
committees, everybody had a vote, and I was
s.
outvoted.
But my question to you, sir, was, the
ACGIH, while you were a member, classified benzene
as a suspected human carcinogen. is that correct?
A
I explained it, yes, that's correct. And I
explained what it was, where it got there, not that
I approved of it. And we didn't have it in Exxon
Company. Another good illustration of how we just
stepped out ahead and began, in 1947, to enforce a
one -- zero concentration as far as our work period.
Q Are you saying, Professor, that the
ACGIH
and I don't want to put words in your
mouth, you tell me -- but the ACGIH classified
benzene as a suspected human carcinogen, but that
was not your opinion? is that what you're saying?
A
I thought it was very definitely a
carcinogen.
2 jS D Of Q So when in the Eighties, in '86, when the ACGIH classified benzene and kept the classification of benzene as being a suspected human carcinogen, your opinion was it was a known human carcinogen. Is that what you are saying?
MR. BAGGETT: I object to the form of that question until the statement counsel has made is proven.
MR. SPEARS: Q What was the classification of the ACGIH for benzene, sir, in 1980? Wasn't it suspected human carcinogen? A As I recall that criteria was behind the 10 parts per million, and a question mark was raised. Q And it was still called a suspected human carcinogen by the ACGIH, is that correct, in the Eighties? A Not the entire membership. Q No, sir. A But a majority of the members. Q The membership -- i understand there were votes taken, and the ACGIH had to have a policy. And the statement made by the ACGIH in the Eighties was that benzene was a suspected human carcinogen. Is that correct?
WANDA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC
25
1
A
That was in the TLV handbook, yes.
2I
Q
All right, sir. But it's your opinion that
3 despite the fact that the ACGIH said suspected, you
4 knew all long that it was a human carcinogen. is
5 Ithat what you are saying?
61
A
i had enough information in 1942, by the
7 Idiagnosticians, to indicate that some people were
8 susceptible at any concentration above zero and
9 Iwould be subject to leukemia and other diseases.
10 I
Q
Is it your testimony, Professor Hammond,
11 Ithat by the mid 1970s, certainly, or I think --
12 Icorrect me if I'm wrong -- scratch that.
13 1
)
Is it a correct statement to say that by
14 the time you went to work for Exxon, the very first
15 time, that you were of the opinion that benzene was
16 Ia known human carcinogen?
17 I
A
I was.
18 I
Q
All right, sir. And that has always been
19 Iyour policy?
20 I A No exception.
21
Q All right, sir. in 1977, Exxon had a
22 material safety data sheet for benzene, did it not,
23 sir?
24
A
it did.
25
Q All right, sir. And it's true, sir, is it
WANDA G. KELLEY, CSR NELL MCCALLH & ASSOCIATES, INC.
2 5;
1 not, that in that material safety data sheet, which
2 you signed, it states that benzene is a suspected
3 human carcinogen?
4
A
That is the term that was used with the
5 threshold limit value.
6
Q All right, sir. Now, you're telling me
7 under oath that you knew most definitely that
8 benzene was a known human carcinogen since 1940, and 9 yet you allowed a 1977 Exxon material safety data
10 sheet, which you authored, to go out with the term 11 suspected human carcinogen? Is that what you're 12 saying?
13
A I did.
14
Q
So you just followed what the ACGIH had
15 been doing, suspected human carcinogen. Is that
16 correct?
17
A
That was going out to be utilized by people
18 in the legal manner, that they did not violate the
19 TLVs that had been approved by the ACGIH. I had no
20 authority to override them on these material safety 21 data sheets.
22
Q Who sent out the material safety data sheet
23 Cor Exxon? Was it the ACGIH or Exxon?
24
A Exxon.
25
Q And who was in charge of the policy
W ANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
253
1 implementing MSDS sheets? Was it Jim Hammond or the 2 ACGIH?
3
A Our Toxigrams speak for themselves on that
4 matter. Do you have a copy of that?
5
Q Professor Hammond, who was in charge of the
6 MSDS sheets and the language contained therein for 7 Exxon in '77? It was Jim Hammond, wasn't it?
8
A Not Jim Hammond alone. We had a
s
9 committee. And I had to, again, have the problem of
10 being a minority member that believed it should be
11 definitely spelled out, but I didn't have the vote
12 on the committee to see that it was.
13
Q Well, once you got away from the committee,
14 when you were allowed to send out an MSDS sheet to
15 the people who were buying benzene, in 1977, you put
16 suspected human carcinogen. Is that correct?
17
MR. BAGGETT: Wait a minute. You have said
18 an awful lot there that I object to the form of the
19 question, until that is proven that until he got
20 away from the committee, et cetera. I don't know
21 that that's a fact, so I object to the form of the
22 question.
23
MR. SPEARS:
24
Q Answer the question, Professor.
25
A My answer is that the sheet went out that
' WANDA G. KELLEY, CSR
TM
NELL MCCALLUM & ASSOCIATES, INC.
25 4
1 way, and it went out because it had legal
2 obligations to meet and that was in compliance with 3 the legal. But the people who interpreted that 4 should be qualified professional people who knew the 5 background and the knowledge. And it was quite
6 plainly in literature that susceptible people were
7 not to be exposed to anything above zero. And that
8 was our internal company policy.
9
Q
But if someone were to read your 1977 MSDS
10 sheet authored by Jim Hammond and it said on there
11 suspected human carcinogen, would they be allowed; to
12 assume that Jim Hammond was telling them the truth?
13
A You surely would because thatshould alert
14 them to go and make the investigation to find out
15 how, why and what risk they would be taking by
16 adopting that susceptible -
17
Q But --
18
A That's a weasel word.
19
Q But truth and fact, JimHammond wasnot
20 saying the truth in that 1977 --
21
A
i was not -- I was saying -- I was saying
22 susceptible is acceptable in that particular case, 23 but it wasn't my opinion.
24
Q You were saying, in the 1977 MSDS sheets
25 sent out by Exxon, which you signed, that benzene is
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
T.& 2
a suspected human carcinogen, while at the same time
you knew, in your own mind, you were convinced it
was a known human carcinogen. is that correct?
A
i applied the known wherever I had the
authority to do it. But only -- as I said, the only
thing that ACGIH 10 parts per million told you was
susceptible but not that I approved of it.
Q Professor Hammond, it's true that while you Iwere working for Exxon, you never recommended or worked towards a goal of zero exposure to benzene. Is that correct?
A Wrong. Do you have a copy of my letter of 1953 to Mr. Wrightman? It should be part of all of our exhibits here. Wrightman and I told them in 1948, and if you didn't have zero concentration you must put in all the medical surveillances and [monitoring and so forth to make sure the people wasn't susceptible to it.
Q Professor Hammond, my question to you, in
the real world it was not practical to work towards
a zero exposure level of benzene, was it?
A
Yes, it was. We did.
Q And that's always been your position?
A That's been my position ever since I have been -- 1942.
)
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
25
Q Professor Hammond, I'm going to refer you
to page 74 of your sworn testimony under oath in the
Skeen case. sir?
You recall testifying in that case,
A I do.
Q All right, sir. of you at page 74:
And the question was asked
"'The statement has been made informally that the maximum allowable concentration for benzene should be zero.' Do you remember that?"
And your answer was, "i heard that." And the question was, "You don't agree with that," do you?
And your answer was, "i don't think that's practical that you can live that way.n
"No. I don't recommend zero as a limit." MR. BAGGETT: Wait just a second. You asked him a question and then propose to present him a document. You asked him one question which is not contrary at all, and you're suggesting that now he said something different. He hasn't. The proper foundation hasn't been laid for the way that you have proceeded here. You asked him one question and then present an answer to the other. MR. SPEARS: Thank you, Bill.
)
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
MR. BAGGETT: of your question.
And so I object to the form
MR. SPEARS:
Q Under oath, when you testified in the Skeen case in 1986, you testified under oath that you did
not recommend zero ppm as a limit. sir?
Is that correct,
A
No, not that way you have stated it, no.
' s
Q Read it, sir.
MR. BAGGETT: That's great, read it ~ because, Ken, you are saying that you recognize
maximum as a limit, and that isn't what he says. MR. SPEARS: No, no.
MR. BAGGETT: It speaks for itself. Go
ahead, and I'll straighten it out when I get him. It doesn't matter.
MR. SPEARS:
Q Professor Hammond, I want to refer you to your testimony that you gave in the Skeen case. Did
you say that, "I do not recommend zero as a limit"? Yes or no.
A
Under what conditions?
recommend it?
why didn't I
Q you.
I'm just reading the question and answer to
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
a
A No, you didn't read all of it. read part of it.
You just
Q I'll start again, Professor. A Read the whole thing.
Q you.
The statement -- this is a question to
"'The statement has been made informally that the maximum allowable concentration for benzene should be zero.' Do you remember that?"
And your answer was, "I heard that." Are you following me so far, sir? A Go ahead.
Q And the next question was, "You don't agree with that?"
And your answer was, "I don't think that's practical that you can live that way."
Next question, "And you weren't trying to tell the jury that Monsanto should have known that zero was the exposure level in '50 or even today?"
"No. I don't recommend zero as a limit." "I think 10 parts per million and less is sufficient."
Is that what youtestified to - A I did.
Q -- in 1986?
~
W A N D A G. KELLEY, CSR
' "
NELL MCCALLUM & ASSOCIATES, INC.
25
1
A And with that, I had already testified that
2 they had to have medical surveillance programs and 3 control, and you just read part of it. But the jury 4 already knew that I recommended if you didn't have
5 zero, then you had to put all these medical
6 surveillance programs into the program to be sure 7 you took care of the susceptible people. And you
8 never know who is susceptible. And all of that had
9 been explained to the jury.
10
Q What we do know --
-
11
MR. BAGGETT: Excuse me just a second. I
12 want to articulate my objection on the record right
13 now.
14
MR. SPEARS: Objection to what?
15
MR. BAGGETT: My objection to the -- to
16 what you are improperly inferring in the record by
17 the method in which you have proceeded. You refer
18 to legal limits and adoption of legal limits and
19 suggest to the jury that the doctor -- Professor has
2 0 testified to something different than that, which is
21 completely erroneous. What he has testified to is
22 there is a difference between legal limits,
23 enforceable limits in the work place and the policy
24 which he had of attempting to be zero, which is the
25 same policy that I'll show that Conoco had in 1953
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
260
1 that they announced, it's the same policy that he
2 has -- that the API suggested in 1948, is that you, 3 because of individual susceptibility, that you shoot 4 for zero. You may have different maximum allowables 5 or TLVs for legal enforcement. And there is a
6 difference and you have not -- you have tried to 7 avoid that distinction in the way that you have
8 proceeded with your interrogation. And the whole
' s
9 form of your interrogation has been misleading and
10 confusing to the jury. And I will ask that it be
11 stricken.
12
MR. SPEARS: Bill, for the record --
13
MR. BAGGETT: I just want to -- while I'm
14 thinking about it.
15
MR. SPEARS: For the record, of course, I
16 object to your pontificating and stating -- it's not
17 an objection, you were testifying. So for that --
18 the court will figure out whether the objection is
19 valid or not, but I object to your statements in the
20 record.
21
Q It's true, Professor Hammond, that in 1986
22 you thought 10 parts per million of benzene was
23 sufficient?
24
MR. BAGGETT: Sufficient for what? I
25 object. Sufficient for what? I object. It's not a
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
complete question.
2U>\
2
MR. SPEARS:
Q The question was, in the light of this ridiculous statement about zero, absolute zero, Professor, truth in fact, you never worked for an absolute zero because you knew that absolute zero is just not attainable. Is that correct?
A if you had used part of the exhibit there do you have Wrightman, the letter I wrote to Mr. Wrightman in 1953, discussing what we decided upon as policy in the company in 1948, that we would have said that if you do not have zero, you have to
I
put all of these medical surveillance and monitoring programs such as urinary sulfates, urinary phenol, and you have to do medical examinations on all these employees periodically, starting out frequently, to see which one is susceptible so you can remove those susceptible individuals out of further exposure. And you just have part of your -- my testimony in that particular -
MR. SPEARS: Professor, thank you, but I object to your answer as not being responsive to my question, with all due respect to you, sir.
Attach Exhibit D-3 to the deposition. That's all I have, Professor. Thank you
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
26
1 for your patience.
2
MR. BAGGETT: Do you want to break for
3 lunch?
4 5 12:20.
THE WITNESS: I guess we better. It's now
6
MR. FREEMAN: I've just got a few
7 questions, probably 10 or 15 minutes worth.
8
MR. BAGGETT: Have you got many. Bob?
s \
9
MR. MYERS: About 15.
*
10
MR. BAGGETT: You want to go ahead, and
11 then we'll have lunch afterward?
12
THE WITNESS: Sure.
13
VIDEOGRAPHER: Off the record, 12:20, to
14 change tape.
15
[Recess]
16
VIDEOGRAPHER: On the record, 12:22. Tape
17 number two.
18
19
20
EXAMINATION BY MR. FREEMAN
21
22
Q Mr. Hammond, you have mentioned a couple of
23 times, in response to Mr. Spears' questions, a 1953
24 letter that you wrote to a Mr. Wrightman?
25
A
Yes.
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
26
1
Q
Do you have a copy of that letter with you
2 here today? It was not attached as an exhibit.
3
MR. BAGGETT: I hope it's attached to one
4 of the earlier depositions. And I may have it out
5 in the car. I'll try to get it as soon as you
6 finish here.
7
MR. FREEMAN: Good.
8
Q But as far as you're concerned,
' N
9 Professor Hammond, you don't have it personally with
10 you here today?
11
A No.
12
Q You have indicated several times about a
13 medical surveillance program that you were involved
14 in some fashion with initiating at either Humble or
15 Esso or Exxon at some point in time. As far as
16 those Exxon employees that were working on the dock 17 that were involved in the marine transportation 18 aspects as well as those employees that were the 19 truck drivers of the Humble tanker trucks, can you
20
for me what exactly that medical surveillance
21 program included for those type of workers?
22
A
Yes, but I would refer you to one of my
23
ions in which I spelled that out very
24 slearly And it's about seven, eight different
25 Items. And if you have any of my exhibits, in 1958,
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
wA
26
1 '59, Dr. Herman and I published a report covering
2 that. So I would rather refer you to that, if you
3 will accept the reference.
4
Q
This is a document other than your 1955
5 benzene exposure control document?
6
A
Yes.
7
Q So it's a separate piece of paper?
8
A It came out after we had five years of
9 experience with controlling benzene and the way we
10 did it.
"
11
Q Just so as I understand, Exhibit 22 to your
12 deposition is what I understand to be a three-page
13 or a four-page document that you put together in
14 1955. Mr. Baggett is showing you a copy of Exhibit
15 22. You authored Exhibit 22?
16
A
on page 3 beginning with V, Medical and
17 Industrial Hygiene --
18 19 V --
COURT REPORTER: I'm sorry, beginning with
20
21
MR. FREEMAN:
22
Q Roman Numeral V?
23
A On page 3 and Roman Numeral, yeah, Medical
24 and Industrial Hygiene.
25
Q So are these the details of the medical
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2 6*
surveillance programming? A That's right.
Q if you would/ Professor Hammond, just explain what those are or list those for the court so we don't have to refer back to this exhibit necessarily.
A
I think most of them speak for themselves.
And the medical examination would be a
' s
preplacement. And covering the preplacement on the
potential employee to work at the plant would be a
complete blood count, exclude the people with
evidence or history of simple anemia or other blood
cell diseases, c, consider any chronic condition
involving liver or kidneys for exclusion.
Q Preplacement examination, that is before
,
they're employed?
I
A
Before they go to work on a benzene unit or
a unit that has benzene concentrations.
Q And then at least once a year to do some
sort of a urinary phenol examination of the urine?
A We then began down there measuring phenol.
COURT REPORTER: I'm sorry. I can't
understand you.
A Measure phenol in urine by the G.C. That's a gas chromatograph, is really what it is, but G.C.,
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2(*k 26
1 according to the method of Haaften & sie, and he
2 gives a volume of second Industrial Hygiene Journal,
3 V o l u m e 26, No. 1 , pp 52-58, J a n u a r y - F e b r u a r y of
4 1965 .
5
Q So do I understand, then, that as far as
6 the medical testing itself, the primary test is a
7 urinary phenol examination?
8
A No. This is done in industrial hygiene
9 laboratory where we have specialists that know how
10 to handle the analysis of these samples.
11
Q Again, these questions are very basic, but
12 is the urinary phenol a test that's performed on an
13 employee's urine?
14
A That's right, and it reflects a way of
15 monitoring the potential exposure that the employee
16 might have had during the period of eight hours
17 before the sample was collected.
18
Q Any other industrial hygiene or medical
19 biological testing on the individual employee other
20 than the urinary phenol, pursuant to this program in
21
955?
22
A Not from that standpoint of being able to
23
e their prior exposure to the last work
24
hift, for example.
25
Q You indicated that the preplacement
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
26^
1 physical examination would be before an individual 2 is placed into some sort of a unit or some sort of a 3 possible exposure location?
4
A
5 yes.
Where he might have a potential exposure,
6
Q
If an individual is going to be hired to
7 work on the docks loading and discharging barges or
8 hooking up hoses, would that require such a
%
9 preplacement physical examination?
10
A
it did. We do.
11
Q How about for a truck driver that's
12 carrying crude oil?
13
A
Not unless we knew that he had had exposure
14 to the area, but he would be picked up also by the
15 medical surveillance program because when he came up 16 for his physical examination, of course, the
17 complete blood count is part of that examination,
18 and that would detect any potential change in the
!
19 blood.
i
,
I
20
Q Same question for a gasoline pumper at an
21 Exxon retail gasoline station in the Fifties or
22 Sixties. Would he be required to go through a
23 preplacement physical examination?
24
A
If he was an Exxon employee, he would.
25
Q
If you would, Professor Hammond, flip over
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
X;
^4
)
to the Esso Toxigram which has been marked as
Plaintiff's Exhibit 13 in that volume you have there.
A
Yes.
0
You were employed or with the company known
at this particular time known as Esso?
A
No, not that particular time. it was 1958,
I see, and at that time we had not united between
Humble and Esso to form the Exxon Company.
Q
Were you involved in any fashion with
review or authoring this particular Toxigram at
about the time it was being put together either by Exxon or Esso?
A i was.
Q At that time in the spring of '58 or preceding that period, at that time you knew in your mind, it was your opinion, was it not, that benzene was a known human carcinogen?
A Yes. I think thatjustified statement. May I read it?
Q Yes.
this
A "Most authoritiesagree that in light of present knowledge, the only level which can be considered absolutely safe for prolonged exposure is zero."
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
W
26
1
Q
It doesn't say anything in there about your
2 opinion that it causes cancer?
3
A That reflects my opinion.
4
Q You had indicated earlier today that the
5 legal standard for short-term exposure at some point
6 in time to benzene was 25 parts per million?
7
A
i remember that was the acceptable TLV
8 listed by the ACGIH.
s.
9
Q For short-term exposure, and Ibelieve you
10 defined short term to be five to 15 minutes?
11
A I did.
12
Q How many times per day would an individual
13 be allowed to be exposed to that short-term
14 concentration for that short amount of time and
15 still be within the eight-hour TLV?
16
A
Oh, that would only allow the person to be
17 exposed -- they have spelled that out. I don't
18 remember whether it was three times a day or so many
19 minutes, but it was probably expressed in that term,
20 either the number of minutes in an eight-hour time
21 or the number of times at, we'll say, less than 15
22 minutes for that period. But it's all spelled out
23 in the ACGIH standard.
24
Q So it is likely, then, that an individual
25 could be exposed to the short-term limit more than
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
i '
)
one period a day and still be within the
ano
27
time-weighted average for an eight-hour day?
A Yes, for legally speaking that, again,
permitted them to transfer some benzene from one
container to another, for example, in the laboratory or something.
Q You had earlier indicated that you chaired
Exxon's qommittee that had the oversight
responsibilities for the MSDS sheets. that testimony, sir?
Do you recall
A Yes, I do.
Q At what period of time did you chair that committee?
A
I was secretary in 1948, and then that same
year I became chairman in 1948, and I was still
chairman when I retired in 1978.
Q 1970?
I A '8.
Q
1978?
committee?
so for 30 years, you chaired that
A I did.
Q Again, inresponse to some of Mr. Spears' earlier questions concerning what Exxon may or may not have done when Exxon was selling large quantities of benzene to Exxon's industrial
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
,-4
)
{M f
customers, you had indicated that when that shipment occurred through a pipeline, that in addition to the MSDS there would be a -- and you used the words a
very close conference with that benzene customer,
and then paraphrasing it, to make sure that they understood the dangers. Do you recall that testimony?
A
Yes, I do, and that means that we would
' s
confer with the physician, if they had a physician
on board, or if they had an industrial hygienist we would bring him into it. And also, if not, we sometimes dealt with the head of the safety department, safety engineers.
Q
I'm assuming that your reference to
pipeline transportation was merely an example of the various types of transportation modes when Exxon
utilized this sort of communication between Exxon's customers and Exxon.
A
Yes, but actually at Baytown, for example,
across the ship channel, we had, and probably still
do, an arrangement with Du Pont to use our product. Q Excuse me. Go ahead.
A
Before they built the unit down at the
Monsanto chemical plant in Texas City, we had a line
that ran directly that was just dedicated to benzene
WANDA G. KELLEY, CSR NELL MCCALLM & ASSOCIATES, INC.
2 7;
1 to them and others such as that. I don't remember
2 whether Carbide, Union Carbide had that arrangement 3 with us or all of them. I don't remember all of
4 them, but the principle was the same.
5
Q
So the same policies or the same Exxon
6 procedures would be in effect if the delivery route
7 did not involve a pipeline but involved a ship?
8
A Barge.
9
Q A barge? So the same arrangement would
10 have occurred for maritime transportation?
11
A
Would have occurred for marine operation.
12
Q Can you recall any instance where you were
13 involved for Exxon with one of these large customers
14 involving bulk sales of benzene where the shipper
15 was involved within this Exxon notification
16 procedure to the Exxon customer?
17
A i don't recall any particular shipper. We
18 did tests on our own people that were loading the
19 barges that were measuring, sampling the degree of
20 filling and so forth. We had them, and they would 21 very much come under the same control program we had 22 for the employees in the plant, the medical
23 surveillance, medical selection.
24
Q
Mr. Hammond, are you aware today, sitting
25 iiere, of any warnings that were issued by Exxon to
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
Higman Barge Lines or Higman Towing Company concerning the dangers of benzene?
*
I don't recall that name, no, in any
details. i am not - 1 ,,as not familiar with them
coming and receiving our product, personally, i don't know.
Q That's all I'm asking is your personal knowledge,, your personal opinions here today. same question as far as Humble warnings to Higman Towing Company?
A No.
Q Same question as far as Esso's warnings
concerning benzene to Higman Towing Company?
A that.
I don't have any individual knowledge of
Q Those questions related specifically to benzene warnings. Do you have any knowledge
concerning the same type of warnings given either by
Exxon, Humble or Esso to Higman Towing Company
concerning the dangers of crude oil exposure?
A
No, I do not. The signs and warnings that
were posted for our own people were available to
them on the docks and in that area, and our
requirements in regard to the use of gas masks and
other type respiratory equipment would apply to them
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2'
1 as far as any information that they received from 2 our people using the right devices and so forth. 3 And again, our people working on those areas, the 4 docks areas, were under our medical surveillance and 5 testing program.
6
Q You mentioned some warnings, apparently a
7 sign or some sort of a physical board on the dock?
8
A Yes.
9 | Q D you recall what those said?
10
A Most of them pertained to explosive and
11 fire hazardous nature, but sometimes we had them
12 there that referred to the particular compound that
13 would be like in the classification of benzene.
14
Q Do you recall any of those warnings, those
15 placards placed on the dock referring explicitly to
16 the dangers of inhaling crude oil vapors?
17
A No, I do not have that detailed information
18 in front of me. I don't have it in my mind.
19
Q Are you aware today of any warnings, any
20 warnings that were issued either by Exxon, Humble or
21 Esso to Higman Towing Company or Higman Barge Lines
22 concerning the dangers or the possible exposure
23 dangers of crude oil? I've already asked you the
24 crude oil, but gasoline, aviation gas or diesel?
25
A No, I don't have any knowledge of field
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
27
operation.
Q Earlier xn your testimony you had indicated that the Exxon employees that were working on the dock wore respirators or breathing protection when it was necessary. When, in your opinion, Mr. Hammond, was it necessary for those type of employees to wear a respirator?
A
It was necessary whenever they had to open
the hatch on a barge or on a tanker and also
particularly when they were sampling the level of
filling or measuring the quantity of benzene in the tank at the time or gasoline at the tank.
Q So anytime when an Exxon employee would
open the hatch of a barge carrying benzene, they
were required to wear respirators?
A
They were. And also even gasoline and
other volatile material such as benzene.
Q Did those other volatile materials, in your mind, include crude oil?
A
It could, depending upon the oil, but I
don't know of any specific field operation where I
saw them wearing them.
Q When they were handling crude oil?
A
Yeah, I don't remember.
the barges that much.
i just wasn't on
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
27
1
Q
S o , as a general statement, the usual,
2 customary practice of the Exxon employees on the
3 dock would not be to wear a respirator when they
4 were opening the hatches of a barge carrying crude
5 oil?
6
A
Oh, you had very hazardous material there,
7 in many cases sour crude, for example, hydrogen
8 sulfide, and that certainly was deadly poison that
9 had to be protected. And anytime the safety and
10 fire department people thought that we needed
11 respirators, they were always available and used by
12 the people.
13
Q
If we remove the H2S danger, the hydrogen
14 sulfide danger, the sour crude from that type of
15 cargo -- my question is a general type question,
16 Professor Hammond -- as a general statement, wasn't
17 ^ true that when the Exxon employees popped open
18 the hatch covers, dipped or gauged the tanks,
19 checked the ullages on a barge carrying normal crude
20 oil, that they were not required by your department
21
wear respirators or other respiratory protective
22 equipment?
23
MR. BAGGETT: I want to object to that
24 until you define what is normal crude oil and
25 specify whether or not it contains benzene and the
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
2
1 percentages of benzene.
2
MR. FREEMAN:
3
Q Normal crude oil, anything other than sour
4 crude containing excessive amounts of hydrogen
5 sulfide?
6
MR. BAGGETT: Object to form. It's not a
7 complete hypothet.
8
MR. FREEMAN:
s
9
Q You can go ahead and answer the question,
10 Mr. Hammond.
11
A
I cannot imagine them opening up any barge
12 on sampling or else measuring without the person
13 wearing a full respiratory protective equipment
14 because of the volatile materials that normally
15 would be there, the other materials that might be
16 generated in the barge by content or what it had had
17 before in it before it was an empty barge, a filled
18 barge. They wore respiratory protection until they 19 had monitored the tank or the barge and tanker, yes, 20 it was general practice. And also had a combustible
21 gas indicator to determine what the danger from fire
22 and explosion was.
23
Q Assume with me, Professor Hammond, that
24 there is not going to be entry into a tank by man.
25 Assume with me further that there is not going to be
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
27
any hot work performed in a tank. Under any of those circumstances, is there any reason to sniff it with a combustible gas meter?
A Absolutely. Q There is?
A Yes, and that'sjust a quickoverall test for presence of gas of any nature that might be there that's combustible.
Q I need to makesure Iunderstand you^ testimony, Mr. Hammond. So it's your testimony today that as a general matter, Exxon employees
working on the dock when they checked the tank tops or opened up a barge containing crude oil, normal crude oil, excluding excess amounts of hydrogen sulfide, that they wore full protective gear including respirators?
BAGGETT. X think the testimony was that they should have. I don't know whether -- you're asking him to testify as to what they did for 30 or 40 years. I think it's objectionable.
MR. FREEMAN: I'm asking about his understanding of the general practices of the Exxon employees.
MR. BAGGETT: That's different.
A
it was our general practice they did wear
W ANDA G. KELLEY, CSR
----------------
NELL MCCALLUM & ASSOCIATES, INC.
27
respirators.
MR. FREEMAN: Q For crude oil barges? A For crude oil barges.
Q
Even if the Exxon personnel were satisfied
the benzene content of that crude oil was less than 2.5 percent?
A
No, we had no such tests made on the
product before in terms of benzene concentration.
Q Would it have made any difference to you as chairman or head of the industrial hygiene
department if you knew for certain that each crude
oil coming in on that barge, each load of crude oil
contained less than 2.5 percent benzene by volume?
A
No. The other materials, all the
hydrocarbons that would be there, all of the
volatile material would be respiratory -- dangerous
to be inhaled or to be breathed, and so it put no
criteria that we had to analyze every batch before
we did anything. beginning.
We just took precautions in the
Q My question was not what you did to actually determine it, but would it be important to you as the head of the IH department to know if it was below that certain level of 2.5 percent
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
28
benzene?
* NO, it would have had no effect. assumed it was bad from the beginning.
I've
Q Do you recall participating in some sort of a study at the request of either Onion Carbide or an
attorney representing Onion Carbide in the mid to late Eighties?
A I do.
Q What was the subject of that particular study, the workers or the employees that were the subject of that study?
A Those particular barges was hauling products up to their companies' plants in West Virginia, and they had to go through some locks on the Ohio River. So I flew up there and rode the barges through and made measurements to see if there was any particular occasion where inside the locks that the vapor pressure -- the vapors themselves might have moved above the normal. And these particular barges were all sealed and there was no gas leak and there was no occasion or no way for them to have lost gases. Their question was just a safety measure to make sure that there wasn't some -- because it was in that lock and in a closed system that there wasn't some way gas could build up
WAN DA G. KELLEY, CSR
"------------- -
NELL MCCALLUM & ASSOCIATES, INC.
28
1 in there. But in my particular case, I didn't find
2 any leaks around the barges, and the seals were all
3 good and tight and so on. There was no exposure.
4
Q
Do you recall what year you did your field
5 work for that study?
6
A
i don't recall for sure, but it was in the
7 1980s. I don't recall the year, '85 or '87,
8 somewhere in that period.
% s.
9
Q Who retained you to do that work?
10
A
The Union Carbide people did. That was for
11 Union Carbide products, wasn't it? I thought you
12 had the name of the company there that I worked
13 for. It was Union Carbide, I believe.
14
Q Do you recall whether or not the contact
15 came to you from West Virginia or --
16
A
No, it came from locally here, from the
17 medical department or the personnel department for
18 the company.
19
Q Did you prepare a written report and then
20 forward that report to the same person that hired
21 you to do the study?
22
A
I wrote him a letter. That was all the --
23 no formal report other than just a letter telling
24 them that the barges were all sealed and I didn't
25 find, detect any gases.
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
28
1
Q
Do you recall that man's name you sent that
2 letter to?
3
A No, I don't recall.
4
Q
But he was with Union Carbide here in the
5 Houston area?
6
A Yes, he was.
7
Q In the medical department?
8
A Is don't know. It might have been the
9 personnel department that handled safety and medical
10 for the company.
11
Q Were you in the field only for that one
12 occurrence to see what was going on on those barges
13 through the particular Ohio locks?
14
A
That particular one, yes, was the only time
15 I rode the barge.
16
Q
17 time?
What was the cargo in the barges at that
18
A i don't recall.
19
Q You don't recall if it was crude oil?
20
A No, I don't recall what it was.
21
Q Could it have been benzene?
22
A
It was some of their products that they
23 generate in Texas City and went for utilization in 24 the plant in West Virginia. But I don't recall. It
25
a volatile material, but what it was, I don't
WANDA 6. KELLEY, CSR ` NELL MCCALLUM & ASSOCIATES, INC.
28
1 recall.
2
Q Do you have a copy of that letter or that
3 report that you sent to whomever hired you?
4
A
I don't think I have. I think it's been
5 maybe used in some exhibits, some trial or
6 something, but I don't have a copy.
7
Q Can you recall where that report was used,
8 either at the courthouse or in a deposition?
s.
9
A
No, I don't. It's beyond me. I don't
10 recall.
11
Q
Do you recall any of the lawyers that may
12 have been involved in that litigation involving that 13 study?
14
A
There wasn't any lawyers involved. This
15 was a precautionary measurement, evaluation and
16 monitoring before they had any problems. I
17 understood there were no problems, no personnel
18 problems.
19
Q Have you participated in any other studies,
20 examinations, industrial hygiene surveys in any
21 fashion at any time in your career, other than this
22 one that you have just mentioned, involving marine
23 transportation workers?
24
A
No, I don't recall. I had several
25 associates and assistants that rode the tankers and
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
1 j rot*e the barges, but I didn't personally do that. 28
2
Q That was when you werestill withExxon?
3
A Yes. it was back at thebeginning of
4 1950s, and over a period of 20 years until I retired
5 we did that several times.
6
Q
If you would, Mr. Hammond, turn over to
7 Exhibit No. 3 in that volume in front of you. I
8 believe that's your letter to Mr. Baggett at some
9 point in 1991.
|
to
10
A oh, yes, all right.
11
Q You have already --
12
A I remember this.
13
Q
You've already gone over that letter in
14 some detail when Mr. Baggett was asking you the
15 questions. Even though that letter was written 16 several years ago, almost four years ago, three 17 years ago now --
18 |
A
What, this letter?
19
Q Is it dated in 1991?
20
A
Oh, yes. Oh, yes. Excuse me, go ahead.
21
Q
Is it still -- does it still fairly state
22 your opinions as detailed in that letter, or has
23 anything occurred since you wrote that letter that 24 would cause you to modify any of the statements
25 contained in Exhibit 3?
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
28 f
1
A
No, I think this letter is still pretty
2 much sound, and I haven't made any -
3
MR. BAGGETT: Gentlemen, I see that
4 attached to the -- to this Exhibit No. 3 was the
5 February 23rd, 1953 letter that came from the safety
6 department's file, and it described in summary
7 recommendations for hazard to benzene exposures and
8 their control in certain operations in the petroleum
9 industry in '48. I see that I did not bring that
.
*
10 as an exhibit. It may be in my car. I'm going to
11 go try to get it when we take a break, if I've got
12 it.
13
MR. FREEMAN:
14
Q Mr. Hammond, if you would, turn over to
15 Exhibit 9 in that same volume, which I understand to
16 be the API Toxicological Review concerning benzene.
17 Again, a great deal of time was spent going over
18 this document with you earlier. But as far as a
19 general statement, would you agree that at the time
20 this document was written, at that time API was
21 strongly recommending 50 parts per million as an
22 allowable safe exposure limit?
23
MR. BAGGETT: Wait a minute. The document
24 speaks for itself as to what the -- and what you
i
25 refer to as allowable safe limit is misleading,
,
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
I
28
unless you describe what you're talking about.
MR. FREEMAN:
Q Professor Hammond, would you agree that the general majority view among the API members was that 50 parts per million should be, at the time the document was written, 50 parts per million?
A Again, that goes back to the regulatory agencies hat was trying to enforce some level of exposure.
Q
I appreciate that response, Professor
Hammond, but I need to object to the responsiveness
of it. Again, the question was: Do you agree that
it was the majority view of the API members in 1948
that 50 parts per million was the strongly
recommended safe allowable limit?
A No, I don't know what the persons, the group there, the people's opinion was. i didn't talk to any of them individually.
Q You were a member of a number of API committees, were you not?
A i was.
Q You wereactive inthe API for many years? A Yes.
Q You chairedcertaincommittees
or
j
subcommittees at specific times in your
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
287
1 distinguished career, did you not?
2
A
I did.
3
Q And you are unable to give us your opinion
4 as to what the majority view of the API members were
5 in 1948 concerning allowable limit of benzene
6 exposure?
7
A No, I wouldn't be able to even estimate
8 that for you.
9
Q There on the first page past the cover
10 page, which is a Bates stamp of triple ought two,
11 0002, there is a Section 3, Roman Numeral III, where
12 jthis API documents talks about probable sources of 13 contact. Do you see the section of the document I'm 14 ^forring to, Mr. Hammond? Lower --
15
A
I see under that, yes.
16
Q
It talks about the extensive use of benzene
17 in the petroleum industry, talks about how it's
18 blended into gasolines. Do you have any explanation 19 today, Professor Hammond, why that a probable source
20 of contact such as inhalation of crude oil fumes is
21 not discussed here in this document?
22
A
Benzene was used in that period,
23 apparently, but not in the United States as it was
24 commonly used in Europe where they had a lot of
25 distillation of coal. The source at that time was
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
288
\
1 primarily in the coking operations where they
2 collected the vapors from coke and condensed it down 3 into benzene, and it was blended with petroleum 4 products into gasoline, particularly in Europe, but 5 not much that we knew about in the United States. I
6 think that applied to the European practice.
7
Q A couple of last questions, Professor
8 Hammond. If you can turn over to Exhibit 22, which, 9 again, is your 1955 benzene exposure control
10 document. I believe you have already explained to
11 us, when either Mr. Baggett or Mr. Spears was asking
12 the questions, that this document applied to
1 13 processes involving, number one, pure benzene?
/
14
A Yes.
15
Q Like 1-A, thebenzene plant?
16
A Yes.
17
Q There on the first page. But did it apply
18 to other process streams or other possible sources
19 of exposure?
20
A Yes.
21
Q I believe those aredetailed at Roman
22 Numeral Section III on page 2of thisdocument?
23
A Yes.
24
Q Particular concern isdetailed for those
25 streams at the refinery containing 5 percent or more
)
WAN DA G. KELLEY, CSR " NELL MCCALLUM & ASSOCIATES, INC.
28
1 of benzene. Do you agree?
2
A
I see that is with five or more, recommend
3 appropriate control -
4
COURT REPORTER: I'm sorry. Five or
5 more --
6
A
Five percent or more benzene, recommend
7 appropriate control items under 1-A unit and VB,
8 capital VB, medical.
9
MR. FREEMAN:
10
Q
So for process streams involving 5 percent
11 or more by volume of benzene in that product steam,
12 you're recommending the same engineering practices,
13 the same medical surveillance practices as the
14 benzene unit?
15
A As pure benzene.
16
Q Then for those process streams, refinery
17 streams involving 2-1/2 percent to 5 percent
18 benzene, you were requiring some particular
19 investigation to determine the type and the quantity
20 of exposure. Is that true?
21
A
As you see there, investigate and determine
22 the potential exposure.
23
Q
But in 1955, you were not recommending
24 either a full medical surveillance program, such as
25 was in place for the benzene unit workers, nor were
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29(
1 you recommending investigation for those people that
2 were exposed to the process streams or the refinery
3 streams less than 2-1/2 percent by volume of
4 benzene? Agree?
5
A
This applies to 2-1/2, investigate and
6 determine exposure potential for all of those
7 particular ones. Some of them was so locked in and
8 gastight t^hat there wasn't any particular -- you
9 didn't find any potential exposure. You would,
10 maybe -- you would ignore those that are inside, and
11 some of them would even be destroyed. The streams
12 would be destroyed before they came out into a
13 finished product that might be released.
14
Q You said a lot right there, and I didn't
15 quite follow. But you indicated you would ignore
16 those, and is it my understanding that you would
17 ignore those employees exposed to less than 2-1/2
18 percent benzene concentration?
19
A No. All of those streams were carefully
20 investigated and a potential exposure were
21 determined on them and the employees were being
22 examined and checked periodically.
23
Q So for the employees that were exposed to
24 refinery streams containing between 2-1/2 percent
25 and 5 percent benzene by volume --
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29
1
A
Well --
2I
Q
It was your -- let me finish the question.
3 IIt was your recommendation in 1955 that those
4 employees would be investigated, the exposure
5 Iroutes, the concentrations were to be investigated
6 to determine additional data? Is that a correct
7 statement?
8
A
Ifo. We had at least a dozen streams that
9 are not recorded here, and many of them were below
10 Ithe 2-1/2 percent. And they were also treated,
11 employees were treated if they were exposed to 100
12 percent benzene, anything where there was benzene
13 that could get in the air. But we required first
14 and foremost that the higher streams be the ones
15 that we would investigate and determine first.
16
Q You've already testified, Mr. Hammond, that
17 the benzene unit that was brought on-line by Exxon
18 at the Baytown facility in the mid Fifties was a
19 state-of-the-art production facility? Correct?
20
A
it was a production facility for benzene
21 manufacturing.
22
Q
It was also state of the art as far as
23 engineering controls which you had a direct hand in
24 implementing as far as to reduce the possible
25 benzene exposure to those employees that worked at
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29 1 that state-of-the-art production unit. Agree?
2
A
it did, and it's spelled out in this
3 exposure control manual.
4
Q And your benzene exposure control which you
5 had a direct hand in authoring, which is identified
6 as Exhibit 22, Plaintiff's Exhibit 22, that also was
7 a state-of-the-art exposure control policy procedure
8 or protocol? You agree with that statement?
9
A
It was for that purpose.
10
Q And there is nothing in Exhibit 22, this
11 document, indicating any special treatment for those
12 employees of Exxon that are exposed to refinery
13 streams of less than 2-1/2 percent benzene
14 component?
15
A
That decision was made after we had
16 investigated the operations, and sometimes even a
17 tenth of a percent was not permitted without putting
18 them under medical surveillance programs. We just
19 worked it from the top down, that we worked from 5
20 percent down and treated 5 percent as a pure benzene
21 and worked it on down, depending on how they were
22 handling it, how much exposure potential it had, and
23 put the men under the medical surveillance and
24 phenol biology examination, depend on what we saw
25 sut there in the field.
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29
1
Q
The first page of my copy of Exhibit 22 has
2 a handwritten note up in the upper right-hand
3 corner. Does your copy also have that handwritten
4 note? Is that your handwriting, sir?
5
A Yes, it is.
6
Q
Could you read it for me? I can't quite
7 read it.
8
A
This control program was in operation by
9 1955, Baytown refinery and HO&R, Humble oil
10 Refining Company.
11
Q What's the word separating 1955 and
12 Baytown?
13 I A
"In," just the word in Baytown refinery.
14
Q
You testified earlier, Mr. Hammond, about
15 some opinions concerning the Walsh-Healey Act. Do
16 you have an opinion today, sir, whether or not the
17 Walsh-Healey Act applied to either Higman Towing
18 Company or Higman Barge Lines?
19
A
I wouldn't be qualified to answer that.
2 0
MR. FREEMAN: Thank you. I don't have any
21 other questions.
22
23
24
25
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29
1
EXAMINATION BY MR. MYERS
2
3
Q Professor Hammond, have you met Joseph
4 Hebert, the plaintiff in this case?
5
A
Oh, no.
6
Q No?
7
A
No.
8
Q Have you read his deposition?
s
9
A
No.
10
Q Do you know what type of work he did?
11
A No, I don't know what he did. I'm leaving
12 that up to someone else.
13
Q You have no indication at this point as to
14 the type of employment he was engaged in for the,
15 oh, 37 or so years he worked for Higman Barge
16 Lines?
17
A
I understand he was an operator on the
18 barge.
19
Q During your period of employment with
20 Exxon, you were concerned about potential exposure
21 of benzene to employees of Exxon?
22
A
I was.
23
Q Did you ever write or author any article,
24 paper, internal memorandum with Exxon, when you were
25 the chief industrial hygienist for that company,
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
295
1 specifically addressing Exxon employees handling of
2 crude oil?
3
A
I don't remember any publication. I
4 participated in seminars within the company on that
5 subject, but I didn't write it up. No, I don't have
6 anything written.
7
Q
Did you ever address any memorandums, any
8 directives to subordinates within the company
9 concerning potential exposure to benzene products to .
10 Exxon employees that were handling crude oil
11 products?
12
A
The letter that I referred you to,
13 Mr. Wrightman was addressed on that matter. It was
14 a pipeline handling of crude oil in Wyoming in which
15 they were making tests on that oil to determine how
16 much BS&W it had in it, and I wrote -- that letter
17 would explain my position on that.
18
Q What was your position?
19
A
That any amount of benzene that was present
20 would require that the employee be placed under a
21 medical surveillance test and the program that we
22 had for benzene handlers.
23
Q
Did you implement any program while at
24 Exxon so that the products, the crude oil products
25 that the employees of Exxon were handling would be
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29
1 tested to determine how much benzene was contained
2 in those products?
3
A
I never did that type of examination.
4
Q How would you know that an employee was
5 exposed to benzene by handling Exxon crude oil if
6 the crude oil was not tested?
7
A
The crude oil was tested by other
8 individuals and by the laboratories that -- service
' Sr
9 laboratories that did that type of work.
10
Q Did you get the results of those tests?
11
A
I did, whenever they contained any --
12
Q
Did you ever, after receiving the results
13 of those tests, implement any program to have the
14 employees that were handling the crude oil placed on
15 medical surveillance?
16
A I did.
17
Q You are certainabout
that?
18
A I do.
19
Q All right. And when we talk about medical
20 surveillance, sir, what are we talking about? How
21 often?
22
A At the first,forexample, the concentrate,
23 we started out on a weekly basis, and then we
24 expanded that for these employees as we had more
25 confidence that they did not show any deterioration
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
29
1 or any hypersensitivity. And finally with that,
2 three months range, and then later on it was a
3 half -- six months, and then a year, once a year,
4 but never longer than a year afterwards, so long as
5 they worked in potential exposure to benzene.
6
Q Do you have any opinion, sir, as to how
7 much exposure to benzene it takes to have a positive
8 result in the urine test that you would give, for
s.
9 example?
,,
10
A
I don't have that value in mind, but it has
11 been determined.
12
Q And what is it?
13
A I say I don't have it.
14
Q You don't know?
15
A Well, I knew at the time, but right today I
16 don't remember.
17
Q You have gone over the history of the
18 identification of problems associated with exposure
19 to benzene and you have given your opinions based on
20 your participation in the petroleum institute, as a
21 member, and also a member of the ACGIH. Is it
22 correct to say, sir, that as early as 1940, when the
23 knowledge of potential problems with benzene first
24 became discussed in the industrial hygienist
25 community, that the acceptable level at that period
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
29
of time for exposure was 100 parts per million?
A
Federally/ I don't remember that there was
any established. The State of Massachusetts and the
State of New York about that period developed a
recommended level for their department of labor to
enforce, and I don't remember the exact
concentration.
q
But suffice it to say, and I think you will
testify to this, that from that point, whatever it
was, it became lower and lower and lower from the
various agencies over a period of 50 years. Is that
correct?
A
I think they had settled, by 1970, on a 10
parts per million.
q
Ten parts per million?
A And then -- 50 years was a little too
long.
q
I think it was more like 25 years. What is the acceptable regulatory exposure
level right now?
A
One tenth of a part per million.
q All right. What wasit five years
ago?
A Which agency? q ACGIH. A Ten parts permillion, Ibelieve. And OSHA, too. But OSHA had recommended one part per
W A N D A G. KELLEY, CSR KKLL MCCALLUM & ASSOCIATES, INC
29
million back in 1978, and the Supreme Court threw it
out. So they went back to the 10 parts per million.
q
And you were of the belief that no parts
per million is the acceptable level. Is that
jcorrect?
A
Because there are certain -- yes, because
there are certain sensitive people that even
Dr. Hunter, in 1939, and his diagnostic finding was
that he reached that conclusion and published it in
the medical literature from Boston General
Hospital. Fortunately, I was working there in 1941,
M2, and got to know Dr. Hunter, and he convinced
me from his -- his finding with patients that only
zero, and he recommended it in his article of 1939
that for some people only zero concentration was
safe .
q
But you can't reach zero concentration
levels, can you? A Well, you can substitute -- in addition to
getting them as low as practical, you can then substitute your medical surveillance and pick up those hypersensitive people before they go beyond a certain point in their blood changes and rescue
them, so to speak.
q
what's the concentration of benzene in the
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30
air outside, in your opinion? A Here in Houston, Harris County?
q
Yes.
A Not greater than one -- average of one part
per billion. q Billion ormillion?
A Billion. q Are there areas in South Texas that are one
parts per million in air concentration?
k
A
I don't know of any that I have seen the
results. I have seen some alleged concentrations,
but the EPA and the Texas Board of Air Pollution
|control would have all that information available by
district, county, cities and counties, but I don't
have it. Q And I believe you mentioned in your earlier
testimony that there are extremely high concentrations of benzene in cigarette smoke. Is
that correct? MR. BAGGETT:
I'm going to object to your
references to, quote, extremely high, unless you --
MR. MYERS: I'll rephrase the question.
Q That per puff, for cigarette per puff the
concentration is in the area of 100 parts per
million?
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
30
1
A That is the value that was available to me
2 in 1941 while I was associated with Harvard School
3 of Public Health. And Dr. Drinker's students made 4 those tests. I did not make them, so it's hearsay 5 to me. But I have no reason not to think that
6 Dr. Drinker and his group, being the authorities
7 that they were on method, were able to detect that
8 much. And that was reported to me as a student.
s s.
9
Q And you believe that report that you read
10 as to the 100 parts per million per puff?
11
A
I did at that time. Now, of course, I
12 recognize that the tobacco companies may have
13 changed the composition of the tobacco, and that may
14 not be the same value that was found in 1930s.
15
Q And then, of course, with the concentration
16 of benzene in cigarette smoke, you would, I take it,
17 reasonably conclude that secondhand smoke, that is,
18 people that are exposed to smoke that are in a
19 general, an area of the smoker would be exposed to
20 high concentrations of benzene, wouldn't you?
21
A
I do not have that information. I have
22 curiosity to know just what it might be, but I don't
23 know how to go about getting it.
24
Q Exxon did not provide its subcontractor
25 employee or subcontractor employees with respiratory
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30
1 equipment when moving crude oil, did they?
2
A
It depended entirely on whether they had
3 their own or what they were doing. And our safety
4 department served as safety officers, and if they
5 were doing anything different than what we would
6 have been doing under the circumstances, handling
7 the materials they were handling, they would have
8 had to have had respiratory protection. Even we
9 would furnish it to them, if they needed it.
10
Q Of course, you implemented a program when
11 you were at Exxon to make sure that these
12 subcontractors employees that were hauling crude oil
13 for Exxon would be provided with respiratory
14 equipment, didn't you?
15
A
Only when we figured -- only when we
16 analyzed the exposure and thought that they would
17 be -- our employees would be wearing respiratory
18 protection, we also insisted on them doing that.
19
Q And do you have any documents or any
20 memorandums that you wrote to set up this particular
21 program that you just mentioned to give respiratory
22 equipment to subcontractor employees?
23
A No. I didn't remember putting it in a
24 formal report, no, I don't recall I did.
25
Q Did you provide respiratory equipment to
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30
1 Exxon employees that worked at service stations in
2 the Forties and Fifties and Sixties that were direct 3 employees of Exxon to protect them while they were
4 pumping gasoline and petroleum products into 5 customers' tanks?
6
A
No, I don't remember we ever found that
7 necessary.
8
Q Would you admit with me, sir, here today in
9 this deposition under oath that those employees
10 would be exposed to benzene vapor?
11
A
No, I couldn't have any -- I don't have any
12 information that would help you on that.
13
Q
You don't know one way the other, then?
14
A
I do not have any information.
15
Q
Do you have any opinion, sir, as to what
16 the concentration of benzene is in crude oil, any
17 crude oil you can dream up?
18
A No. I understand others have looked into
19 this but I never did do any personal investigation
20 and I don't have any ways to limit it, what range it
21 was.
22
Q
I take it, then, when you were at Exxon,
23 your concern over the benzene exposure with various
24 employees was due to the concentration of the
25 substance benzene itself, once it was taken and
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
3 0 ^
1 extracted from other products and put into one final
2 product? Is that what your major concern was, the
3 exposure to the benzene product itself after it was
4 purified for sale?
5
A
No. The light streams that we had in the
6 refinery, many of those employees that had to do
7 sampling and other things had to be included in our
8 medical surveillance program. And they didn't have
9 benzene in any particular concentration that I
.
10 recall, but they were just included because they
11 worked around the unit that potentially might have
12 products that would be in the boiling range of the
13 characteristics of benzene. And so we put them in
14 the program, too.
15
Q Would you expect that an employee working
16 on the inland waters or on the high seas
17 transporting crude oil on tankers or barges would be
18 required to walk around with a respirator on?
19
A
I do not know about the conditions well
20 enough to know. You're speaking of conditions that
21 would be equally important, how well the barge seals
22 were to prevent leaks and any escaping materials and
23 so forth. All of those other factors of great
24 concentration -- I mean great importance as well as
25 the equal concentration of the benzene that they
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30
1 would be handling.
2
Q Are you a direct employee of Exxon at this
3 point? Are you a salaried employee?
4
A No. I've been retired since '78.
5
Q You receive a retirement --
6
A 65, when I retired.
7
Q You receive retirement benefits from Exxon?
8
A
I'm annuitant. I accumulated pension. I
s,
9 was there 31 years.
10
Q Are you familiar with Koch Industries, Koch
11 Oil Company?
12
A Koch Oil?
13
Q Oil Company, Koch Industries? Have you
14 ever heard of it?
15
A
Huh-uh, I don't guess I have. I know coke
16 was the primary source of benzene in our country for
17 many years in the steel manufacturing, where they're
18 coking the coal and they capture the vapors and
19 fumes and recover it, distill it to get benzene,
20 toluene, xylene.
21
Q Out of coal?
22
A Out of coal, soft coal.
23
Q That's not the company, though, that's the
24 product?
25
A That was the nature of the product that
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30
1 they had to have for steel manufacturing, coke.
2
HR. MYERS: That's all I have. Thank you.
3
4
5
FURTHER EXAMINATION BY MR. BAGGETT
6
7
Q
Professor, reference has been made to
8 Exhibit No. -- Plaintiff's Exhibit No. 22, which has
s.
9 been referred to as the benzene exposure control
10 program that was in place by '55. I direct your
11 attention to part No. 2, page 2, dealing with truck
12 transportation, railcars and barges. Now, I ask you
13 if this part of your report relates to engineering
14 controls and means by which loading of barges can
15 be -- the benzene exposure can be limited?
16
A
Yes. You see, we didn't make any exception
17 of truck or barge or railcars and so forth. Down
18 here now, when you get down to the potential
19 exposure, number K, you make sure that you follow
20 those. One place in here where it mentioned that
21 sampling, gauging the barges and others to be
22 accomplished with respiratory protection and
23 neoprene gloves.
24
Q Yes, sir. When you were asked about this
25 report, there was no reference to the barge
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
1 controls. This sets out, does it not, how product
2 is to be drained, how waste is recovered, how you
3 have dripless valves and how you have automatic
4 cutoff valves to prevent overflow, you have
5 mechanical seals on pumps, you have calibrated probe
6 with nitrogen for gauging during the filling. All
7 of these were recognized back in the early Fifties
8 as means where barge employees could be protected,
s.
9 were they not?
^
10
A We did.
11
Q Also, you were not asked about this, but
12 look over on paragraph 5 on page 3. Were not
13 product shipping employees, such as gaugers, truck,
14 railcar, barge and tanker loaders, were they not
15 involved in your medical and industrial hygiene
16 urinary phenol program?
17
A They were, and they received periodic
18 examination to determine if there were blood changes
19 and so forth.
20
Q
Sir, did you make it clear, when you were
21 asked that -- was your -- when you were questioned
22 about the refinery streams and the investigating and
23 determining exposure potential for streams with 2.5
24 to 5 p e r c e n t b e n z e n e , did I u n d e r s t a n d you to say
25 that after that was done you moved on to the other
W A N D A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
30;
1 process streams in the refinery to determine benzene
2 content?
3
A
Yes, yes, we did.
4
Q
You didn't just stop because of 2.5
5 percent?
6
A
Not at all.
7
Q
Sir, going back when we began this
8 deposition, you were questioned on state-of-the-art
9 things that were known and knowable, and you _
10 referred to exhibits that are numbered in your
11 deposition that show going back to the Thirties.
12
A
Yes.
13
Q Was it not recognized back as late as the
14 Thirties that if you had exposure, potential
15 exposure to benzene and if -- you determined that,
16 in the first instance, by monitoring. Is that
17 correct?
18
A
Yes.
19
Q And if you've got potential exposure to
20 benzene, then it has been long recommended that you
21 should be a part of a medical surveillance program?
22
A
It has in these articles that were
23 published back in the Thirties and even in the
24 1920's by the American Safety Council.
25
Q All right, sir. And looking as early as
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
A
)
30
1 I 1948 at the API bulletin, doesn't it tell you that
2 chemically benzene is the simplest of the aromatic
3 Ihydrocarbons?
4 I 5 I
A Yes. q chemically, that's what it is. What is
6 petroleum? What is crude? Isn't it hydrocarbons?
7 I
a It's hydrocarbons, but different
8 Iconfiguration as far as the molecules and so forth
9 I are concerned.
_
10 I
q But the aromatic hydrocarbons has been
11 known, has it not, to be a part of a crude product?
12 I
13
A It has been known, yes. q And in 1948, did they not point out that
14 benzene was used extensively in the petroleum
15 I industry? Is that correct, sir?
16
a It was. It had certain characteristics
17 Ithat were good for solvents. And, for example, you
18 Iwould take a potential lube oil and you would
19 I extract all the wax out of that lube oil with using
20 I a mixture of methyl ethyl ketone and benzene. And
21 Ithey were doing that in a plant that had been
22 designed for our refinery in Baytown when I came.
23 IBut we were able to substitute toluene rather than
24 Ibenzene, and we never bought any more benzene
25 I
q Professor Hammond --
"
W A N D A G. KELLEY, CSR
~
NELL MCCALLUM & ASSOCIATES, INC.
31
1
A-- for that purpose.
2
Q
-- to illustrate what was available in the
3 petroleum industry in the Forties in the way of an
4 industrial hygiene survey, you have testified about
5 Exhibit P23, did you not?
6
A I did.
7
Q Sir, you have testified as to what was
8 known and knowable, and that was the primary purpose
s
9 for your testimony by the plaintiffs. You also have
10 testified as to what the program was in place at
11 Exxon during your stay as an industrial hygienist?
12
A I did.
13
Q Efforts were made, obviously, to question
14 the validity of the Exxon program by Defendants'
15 Exhibits 1 and 2. Can you tell me what these
16 exhibits reveal so far as your program, industrial
17 hygiene program at Exxon?
18
A The first one in 1958, and it's Dr. Howell
19 who did all the examination for us of these
20 employees with potential exposure. So we worked
21 with him on the chemical plant, on the benzene plant
22 as well as others, and he is well familiar with it.
23 So when we went into the refinery and we had any
24 t y p e of i n f o r m a t i o n t h a t w o u l d b e n e w or o r i g i n a l to
25 add to his knowledge, we would inform him. If he
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
3i:
1 saw some question in an employee that was
2 questionable in his mind and he came from a certain
3 unit, well, then he would let us know so that we
4 could go back and make a survey of that unit to see
5 how he could have been exposed to benzene.
6
Q Are these two documents just part of
7 documents that show an ongoing industrial hygiene
8 program that you put into place, and that is once
' s.
9 you determined something was happening to result in .
10 a potent -- or to create a potential exposure, that
11 steps were taken immediately to eliminate that?
12
A That was our program, yes.
13
Q And D No. 2 is actually one of the
14 industrial hygiene surveys that were made back in
15 1975?
16
A It was.
17
Q Sir, the reference to a TLV or a maximum
18 concentrate by reference to the industrial hygiene
19 standards or by reference to the TLVs adopted by
20 OSHA, those are for regulatory purposes, are they
21 not, to set legal limits?
22
A They are what we know, and I used to work
23 with the Department of Labor and others, that they
24 w e r e e n f o r c e a b l e l i m i t s . In o t h e r w o r d s , if t h e 25 employer did not correct the problem, they could be
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
3i:
1 taken to court and fined for violation.
2
Q All right, sir. And when you look -- when
3 you look back as early as 1948 at the API, when you
4 look at Exhibit No. 9 on page 004 of the exhibit, it
5 refers, does it not, to maximum permissible benzene
6 concentration standards, whether they be the state
7 standards or TLVs in effect back in the Forties. Is
8 that correct?
9
A
Yes, they did.
10
Q
But still it concludes, does it not, and
11 recognize early on that inasmuch as the body
12 develops no tolerance to benzene and there is a wide
13 variation in individual susceptibility, it is
14 generally considered that the only absolutely safe
15 concentration for benzene is zero?
16
A That is true.
17
Q And that is the standard that you tried to
18 adopt and recognized as being applicable to protect
19 the employees of Exxon?
20
A We followed that.
21
Q And if legally you could notaccomplish
22 that, how did you make sure that they were safe?
23
A Well, we did it by double-checking on them
24 a n d b i o l o g i c a l t e s t i n g in w h i c h w e u s e d t h e e m p l o y e e
25 to make sure that his exposure had been zero or
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
31
1 undetectable. And we could run that on the phenol
2 urine sulfate test. And so we did all of that plus
3 the medical surveillance that they did with blood to
4 determine if we saw any bad effects.
5
Q So in your testimony in Skeen and here
6 today, are you recognizing a difference between,
7 quote, what is safe because of individual
8 susceptibility, and what is, quote, legally
9 enforceable under a TLV or a maximum -
10
A Allowable.
11
Q -- maximum permissible benzene
12 concentration?
13
A That's right.
14
Q There is a difference, is there not?
15
A There is.
16
Q And there is no inconsistency in what you
17 have testified to when you refer to one as being a
18 legal limit and the other one being what you as an
19 industrial hygienist have recognized as being a safe
20 exposure or limit?
21
MR. SPEARS: Object to the form of the
22 question.
23
A
Yes. We might use the word legal limit or
24 biological unit. And mine was a biological unit for
25 all people. And the control program included, when
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
317
1 safety manual and quoting from the API toxicological
2 review of 1948 would not put in the safety manual a
3 warning about the chronic benzene poisoning that can
4 result from repeated or continuous exposure to
5 relatively low concentrations of benzene vapor? Do
6 you know of any reason why?
7
A
I would not know.
8
Q And if that section dealing with benzene
9 and reporting to an employee that the only safe
to-
10 level is zero because of individual susceptibility,
11 can you think of any reason why that would be
12 omitted from subsequent safety manuals of Conoco?
13
MR. SPEARS: Object to the form of the
14 question.
15
A
No, I couldn't contribute anything to that.
16
MR. BAGGETT: Or Continental Oil Company.
17
Can we go off the record, and let me run
18 out to the car and see if I can get that '53 letter,
19 and that will be it.
20
MR. SPEARS: It's in there, Bill. Didn't
21 you say it was in there?
22
MR. BAGGETT: No. He refers to it in the
23 report.
24
VIDEOGRAPHER: Off the record, 1:38.
25
[Recess]
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
3 1
1
VIDEOGRAPHER: On the record, 1:45.
2
MR. BAGGETT:
3
Q Professor Hammond, reference has been made
4 in your report, which is Exhibit P3, to a letter of
5 February 25th, '53 by you that you discovered in the
6 safety department of Exxon. Can you tell me what
7 that letter -- I thought I had it with me today; I
8 don't. It's attached to the deposition in the
s.
9 Norman Ellis case and in the Steve Leblanc casp and
10 both of which involve Mr. Spears. I will produce a
11 copy to all counsel. But could you tell me what
12 that letter described?
13
A
Yes. It described a visit I made to a
14 pipeline station located up in Wyoming which I
15 discovered that they were using benzene as a solvent
16 to extract the BS&W from oil bottoms that came out
17 of their pipeline storage tanks and that this was
18 being done in an unventilated area that was only a
19 one person and open shop, so to speak. But I said
20 that we could substitute a nonhazardous material
21 relatively for the benzene and get rid of it. And
22 then, if not, we would have to put in the medical
23 surveillance program for all the employees that
24 worked in t h a t a r e a a n d u s e d t h e b e n z e n e .
25
Q And, sir, that was consistent with what you
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC
31-
1 have testified here today, and that is, so far as
2 safety is concerned, you tried to accomplish zero
3 exposure to benzene?
4
A
Otherwise, that we would put in the medical
5 surveillance for all those employees that worked in
6 that area, and the only way we would make sure that
7 they were not being exposed to danger or risk that
8 we wouldn't want them to be with benzene.
9
MR. BAGGETT: I ask that this safety manual
10 of Continental Oil Company marked dated July 1, 1953
11 be attached to the deposition as Plaintiff's Exhibit
12 Mo. 25.
13
MR. MYERS: I'm going to object to the
14 attachment of it. I have not seen it yet.
15
MR. FREEMAN: How about a couple of
16 questions, Professor Hammond, while Mr. Spears is
17 looking through that document.
18
First off, let me reserve cross
19 examination, Mr. Baggett, for this witness after
20 today concerning his 1953 letter that was attached
21 to Exhibit 2. Higman has not been a party to those
22 prior testimonies. Higman has not been provided
23 with a copy of that letter.
24
COURT REPORTER: Can I mark that real
25 quick, before it gets away?
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
3 2 (
1
MR. FREEMAN: Yes.
2
MR. BAGGETT: Or I take it that I'm not -
3 that the testimony about that exhibit would be
4 excluded, if you're not satisfied with it.
5
6
7
FURTHER EXAMINATION BY MR. FREEMAN
8
9
Q kr. Hammond, Exhibit 22, there has been a
10 great deal of discussion about your benzene control
11 exposure document, three pages. To put this
12 document into context, isn't it true that the 13 company, Exxon, which you chaired the IH department, 14 was greatly concerned about the possibility of 15 benzene exposure to their employees in the mid
16 Fifties because this benzene plant unit was
17 preparing to go on-line at the Baytown facility?
18
A
I can understand your question, and I will
19 say that that did accelerate our concern. But this
20 letter that was written in 1953 that explained what
21 our agreements were with the operating people in
22 1948 would clarify that, that we already had the
23 program that zero levels was the only acceptable
24 levels, wherever we could reach that, and otherwise
25 that we needed the education and medical
W ANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
323
1 benzene, is there?
2
A Yes.
3
Q Within thisdocument itself?
4
A Yes. We already had put into the
5 surveillance and dealing with the barge operators
6 and any of the dock workers and others that were
7 handling the hydrocarbons.
8
MR. FREEMAN: Object to the responsiveness
' s
9 of the answer.
10
MR. BAGGETT: Oh, I think it was
11 responsive, very much.
12
MR. FREEMAN:
13
Q Professor Hammond, can you show me within
14 Exhibit 22 where it specifically makes this
15 procedure benzene exposure control applicable to
16 crude oils less than 2.5 percent benzene?
17
MR. BAGGETT: First of all, that was not
18 the question that you had asked awhile ago and the
19 answer that you got.
20
A
I don't see it here what I'm looking for.
21 We covered that by saying and listed all of the
22 potential exposures and others, because there were
23 so many we didn't -
24
MR. FREEMAN:
25
Q Are you referring to someplace in Exhibit
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
32
1 22 where it says "and others"?
2
A
I thought it was in 22.
3
MR. BAGGETT: It has been referred to,
4 Counsel.
5
A
Yeah, refinery streams. Look under III A,
6 IV, that covers it, on page 2.
7
MR. FREEMAN:
8
Q That's the only place within this document?
9
A Well, it covered all those others.
10
Q Mr. Baggett asked you some questions
11 concerning the distinctions in your opinions,
12 Mr. Hammond, concerning legal limits and safe
13 limits. Now, the ultimate purpose of the legal
14 limit is not to satisfy the arbitrary whims of a
15 state or federal bureaucrat, is it, Professor
16 Hammond? One of the ultimate purposes of those
17 legal limits, is it not, to not necessarily to
18 guarantee but designed to protect the vast majority,
19 the health and the welfare of people who are exposed
20 to this particular harmful substance?
21
MR. BAGGETT: Excuse me. I object to that
22 question. The effect of the legal limits is a
23 question of law in which the jury or the court will
24 determine, like the Walsh-Healey Act is a question
25 of law and like TLVs will be -- legal effect of them
WAN DA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
325
1 will be a question of law.
2
MR. FREEMAN:
3
Q Professor Hammond, were not the legal
4 limits, whatever those legal limits would have been
5 at the time and however you define those legal
6 limits at whatever level, were they not designed to
7 protect the majority of the health and welfare of
8 the workers?
9
A
Yes. They spell that out in the TLV
10 booklet that you can apply these limits and it will
11 protect most of the people but not all of them, and
12 that the few, whether it was 10 percent or 12
13 percent, I was just equally concerned about their
14 welfare as I was about the 80 and 90 percent that
15 this would protect.
16
MR. FREEMAN: Thank you.
17
18
19
FURTHER EXAMINATION BY MR. BAGGETT
20
21
Q Professor Hammond, within the four corners
22 of the document P23, where they had sampling and
23 gauging of barges and tanks to be accomplished with 24 respiratory protection and neoprene gloves and these 25 other engineering controls, was there anything, was
WANDA 6. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
326
1 that applicable to barges that came in with 2 hydrocarbons?
3
A It was.
4
Q When youhad monitoring under the medical,
5 industrial hygiene program where you had urinary
6 phenols administered to product shipping employees
7 such as gaugers, truck, railcar, barge and tanker
8 loaders, was that applicable to people, barge and
9 tanker loaders involving hydrocarbons?
.
10
A It was.
11
Q And that includes crudes?
12
A All products.
13
MR. BAGGETT: Fine.
14
VIDEOGRAPHER: Off the record, 1:57.
15
16
17
18
19
20
21
22
23
24
25
W ANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
32
1
SIGNATURE OF WTTMKSS
2
3
I,
PROFESSOR JAMES HAMMOND, solemnly s
4 or affirm, under the pains and penalties of perjury,
5 that the foregoing contains a true and correct
6 transcript of the testimony given by me at the time
7 and place stated, with changes, if any, and the
8 reasons therefor noted on a separate sheet of paper
s
9 and attached hereto, and that I am signing this
10 before a Notary Public.
11
12
13
PROFESSOR JAMES HAMMOND
14
15
16 THE STATE OF TEXAS]
17
18
Subscribed and sworn or affirmed to before
19 me, the undersigned authority, by PROFESSOR JAMES
20 HAMMOND on this the _____ day of
21
22
23
24
Notary Public in and for
25
the State of Texas
WANDA G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
328
1 STATE OF TEXAS]
2
3
COURT REPORTER' S CERTIFICATE
4
5
I,
Wanda G. Kelley, a Certified Shortha
6 Reporter within and for the State of Texas, hereby
7 certify that the foregoing proceedings occurred
8 before me.
9
X' further certify that the foregoing is
10 a true and correct copy of the transcript of the
11 proceedings to the best of my ability.
12
I further certify that I am neither
13 attorney for, related to nor employed by any of
14 the parties or any attorney of record in this cause,
15 nor do X have a financial interest m the matter.
16
Witness my hand November 23, 1993.
17
18
19
20
Wanda G. Kelley, Tej^s CSR 2007*
21
Nell McCallum & Associates Inc.
22
2900 Smith, Suite 104
23
Houston, Texas 77006
24
(713) 523-3767
25 *My Certificate Expires December 31, 1994
WA ND A G. KELLEY, CSR NELL MCCALLUM & ASSOCIATES, INC.
NO. 92-6203
JOSEPH *l **h EBERT#AN D ............. ********..........................
MARIE HEBERT
* 14TH JUDICIAL DISTRICT COURT
VS.
HIGMAN BARGE LINES, ET AL
* PARISH OF CALCASIEU
* STATE OF LOUISIANA
On November 24. 1993, PROFESSOR JANES HANNOND .as notified by
and through CERTIFIED RAIL SERVICE, by Nr. William B. Baggett, that
the deposition taRen in connection with the above cause .as ready
inspection and signature as evidenced by the copy of said correspondence attached hereto and made a part hereof.
Aa of this the 10th day of January, 1994, PROFESSOR JANES
HANNOND has failed to appear for the purpose of reading and signing
-aid deposition; therefore, in accordance with the Texas Rules of
Civil Procedure, said deposition is being tendered to Nr. William B. Baggett.
Witness my hand on this the ,, /OW
1994.
day of ~
'
Eileen Walton
i
NELL McCALLUM & ASSOC.
HOUSTON, INC.
J
2613 Calder. Suite 111 B eaum ont. Texas 77702
(409)838-0333 Facsimile (409) 832-:4501
2900 Sm ith. Suite 104 H ouston. Texas 77006
(713)523-3767 Facsimile (713) 523-1541
Nell McCallum & Associates, Ine.
November 24, 1993
WILLIAM B. BAGGETT, ESQ. Baggett, McCall 7 Burgess P.O. Drawer 7820 Lake Charles, LA 70606-7820
CM/RRR # P 921 297 171
RE: NO. 92-6203 HEBERT V. HIGMAN BARGE LINES
Dear Mr. Baggett:
Enclosed please find the original signature page from the deposition of PROFESSOR JAMES HAMMOND VOLUME 2 taken on November 18, 1993, in the above-referenced cause.
Please have the witness read your copy of the deposition, mark
any corrections on the sheet provided and sign the original
signature page before a notary public.
If the signature
certificate page is not returned to the above Houston office within
twenty <20> days, the transcript will be handled as though signed.
Thank you for your assistance in this matter.
INC.
Enclosures
cc: Robert Myers, Esq. Mark Freeman, Esq. Kenneth R. Spears, Esq.
CM/RRR * P 921 297 173 CM/RRR P 921 297 172 CM/RRR * P 921 297 174
COPY
HUMEIS OIL i REFINING COMPANY Houston, Texas February 13i *53^
E X H IB IT
Dr. T. S. Howell Bayxovn
T -is -o n f'ra s our conference between you, Albert Mcskovitz, S. D. Bozich and a v s-t^ on*the benzene F lin t and p o te n tia l ex?osure to benzene. Afterward,
Sam and I v is it e d the p la n t. We found th at the concentration range at ^ e wtsh fountain near the o i l separator a t breathing le v e l was 80-30 ppm. T h e low resu lts compared to previous values were due to the unusually high vind from the north which was about 1*G3 F. that morning. At two or three ota-- snots downwind from lea k s, such as a dripping sampling cock, the average, atmosch eric concentration o f benzene was 10 ppm. We recognized that th i WJ* * f ood day for l^w concentration because o f the unusually low temperature and high wind.
Sam and Albert proposed several c o rrectiv e changes. The o i l separator w ill be covered with a s o lid cover and vented through a stack above the second f l o w platform . A steam exhaust Jet to a c ce le ra te the d ra ft in th is ve.nt tack wiJl
be in s t a lle d i f there i s no unforeseen problem to th is addition. Sampling cocks w i l l be re-Fiped so as to give a discharge p oin t for flu sh in g of the lin e s and p o ten tia l leakage d ir e c tly in to a drain. A skimming lin e is to be
re-routed from a drain on the ground platform to the o i l separator.
The product tacks have two p o te n tia l problems which are being studied. One of \
these problems w ill be solved e a s ily by the in ser tio n o f an o i l se a l in ,,he
t i - gauge lin e . The se a l w ill prevent benzene vapors escaping through
automatic gauge. The other problem involves sampling through the mannole
v.. too o f the tank. In the vara summer months i t i s pr: cable that large
amounts o f benzene vaocr would be p resen t in the breathing zone o f the gauger
" d"r
p r .n t erringement. Tills 1 . . point vh.re scute exposure 1.
c t e n t le lly dangerous under e l l veataer condition! end anequate venting or e
recovery system should be in s ta lle d fo r three product tames and one high benzene
rundown tank.
!he laboratory v e n tila tio n was adequate.
wj- -sn coacliin ed o f the handicap o f the use o f gas masks with the f u ll face piece Iv -- orted that th is equipment obstructed th e ir v isio n , acced to tne a,,wunt of uenzen-" lo s t at the time o f sampling and increased th e ir danger of f a l l s . *n of the short period required to sample the products, i t -is suggested that L S d g e organic vapoi resp irators would serve as needed in tn is operation. The _is mask should.be held in readiness fo r emergency use as required for un
handling highly v o la tile m aterials.
-in , specimens v er. t= t e c o lle c te d e t 2 P.M. reported he va. in p o o ltlo n to a n a l y t e h e he.
^ n ^ e ^ little 'e x p lo r a to r y
t e s t netned of preserving tnoee
L-.ich the employees leave a t 2 P.M.
r u n it i s producing e t tou t 90* design o p a c it y v lth q u a lity o f tne product
< tely satisfactory.
medical division
Original signed: j . V. Eaamend Tndustrial Hygienist
________ i trm 1 and/or 2 tor i
toe* yam name and attteae on It i m t m of H a torm
? M d i to* torm to the taw d 0 * matoiaca. or on the e to n e 5toum Receipt Requeued* on toe medptooe below e tom M w n Reoatot Fee wS proinde you the aerator* ol
T S SI rtoae <*datomry
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I also wish to receive the following services (for an extra
1. Addressee's Address 2. Restricted Delivery Consult postmaster for fee.
Article Number
fee):
MZLLIAM . 1AQ0TT B99*tti McCall Burgaaa F.O. Drawer 7820 ' Lake Charla*, LA 70406-7820
P T21 2T? 171
4b. Service Type
CERTIFIED
1
S-^jgrature - (Addressee)
/
& Addressee's Address (ONLYif requested and tee paid)
PS Form3811,November 1990
DOMESTIC RETURN RECEIPT
PLACE STKJRBR AT TOP O f ENVELOPE TO THE RIGHT O* RETURN ADDRESS.
r-q pr=t
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J*
CL
IMPORTANT!
INDUSTRIAL HYGIENE HEALTH SERVICES
EXXON CHEMICAL COMPANY U. S. A.
lI
[
INDUSTRIAL HYGIENE STUDY
l OF
AROMATICS EXTRACTION UNIT
I
BAYTOWN CHEMICAL PLANT
wi
f
Study By: Mr. J. A. Allen Mr. E. F. LeBrocq Mr. B. G. Simpson
Report By : Mr. B. G. Simpson
Date of Study:
.October 1975
<
Table of Contents
I. Summary
II. Introduction
III. Process Description
A. Aromatics Extraction Unit (AXU)
B. Hexane Extraction Unit (HXU)
C. AXU/HXU Flow Plan
IV. Unit Evaluation
' %
.
A. Materials
B . Air Contaminants
1. Area Samples
2. Personal Samples
3. Laboratory Quality Control Samples
4. Short Term Samples (Grab)
5. Conclusions
'
6. Recommendations
C. Biological Samples
D. Hearing Conservation
1. Noise Survey
' 2. Employee Exposure Evaluation
3. Conclusions
4. Recommendations
E. Equipment Identification
F . Safety Equipment
. G. ' Housekeeping
*
P&ge No.
1 2
3 3 3 4 5
5
to
6 6 10 12 12
13 14 14 16 16 18 19 19 19 19
20
SAL 0 0 1 B a i3
V. Appendix
A. Toxicity Data Sheets
1. Benzene
t
.
2. Toluene
3. Xylene
.
4. Hexane 5. Monoethanolamine/Diethanolamine
6. Sulfolane
7. Breaxit $014 B . Area Sample Location Plot C. Hearing Conservation Data
1. Noise Survey Data Sheets
2. Noise Survey Plot Plan/Hazardous Noise Area
D. Equipment Schedule
Page No.
. 22 2 3
28 32 36 38
40
44
'
48
48
48
51
82
< SAL 000018814
I
I. Summary
Environmental health conditions were evaluated at the AXU/HXU
during October and November 1975..
Results of this study show:
Process technicians are not excessively exposed to high noise levels.
Significant exposure to benzene and toluene is possible when
employees are collecting quality control samples and changing rich solvent
filters. Installation of a closed sampling loop should eliminate excessive
*
to
exposure during sample collection. Employees should wear supplied air
respirators or organic vapor chemical cartridges when changing the rich solvent filters.
High concentrations of benzene and toluene were found coming from open sewer grates. Employee exposure to these vapors would exceed allow able lim its. Introduction of aromatics to the sewer should be eliminated.
Housekeeping on the unit was good.
Safety showers, eyewashers, and safety equipment are well
located.
"
<
-1. . 1 nal5
11. Introduction
This report is part of the ongoing environmental health program for Exxon Chemical Company U. S. A ., Baytown Chemical Plant.
Industrial hygiene studies measure the working environment to
determine the presence of toxic chemicals and physical agents, and evaluate
employee exposure. Samples were collected that represent both actual and
potential exposure.
`
Exposure date is evaluated by comparison with recognized standards
that consider such factors as frequency of contact, duration and nature of
exposure.
.
.
Industrial hygiene studies evaluate current environmental health
conditions and provide a baseline to compare future operations.
<
2-
S^L 000018816
# III. P ro cess Description
A. Aromatics Extraction Unit
The Aromatics Extraction Unit (AXU) is a Universal Oil
Products Company (UOP) process designed to extract high-purity
aromatic fractions at high recoveries from a hydroformer feed con
taining mixed aromatics and paraffins.
Sulfolane, a solvent, is used to extract the aromatics (benzene,
toluene, xylene) from the hydroformer feedstock. Raffinate from the
extraction tower is returned to tankage after solvent separation. The
aromatic rich solvent, containing dissolved nonaromatic hydrocarbons,
proceeds to a solvent stripper tower for removal of nonaromatics.
From the bottom of the solvent stripper tower the aromatic
rich solvent is pumped to the recovery tower for separation of the
aromatics. The aromatics are sent to tankage prior to final finishing
and the dilute solvent streams return to the water stripper and solvent
regenerator.
B. Hexane Extraction Unit
'
.
The Hexane Extraction Unit (HXU) is co-located with the AXU.
Feedstock for this unit is a powerformer stream from the LEFU, which
`has been fractionated to produce a hexane-octane rich cut. The HXU
uses a sulfolane process to extract the benzene from the feed. The
extraction tower rides "piggyback" on the AXU lean and rich solvent
streams. The wash water system is common to both units. Extracted
benzene proceeds from the HXU to the solvent stripper tower in the AXU.
3-
SAL 000018817
)
'
)
)
SAL 00001881
IV. Unit Evaluations
A. Materials
Feedstock, products, and materials necessary to operate the
AXU/HXU are listed below. Toxicity data sheets for the materials
are found in Appendix A.
Percent
.
1. Feedstock
'
Nonaromatic
\
Benzene
*
2 1 .4
1 3 .7
Toluene
.
2 5 .5
6g Aromatics
.
30. 7
Cg Aromatics
8 .7
Raffinate
Nonaromatics
9 3 .4
- Benzene
0.0
Toluene
0.1
Cg Aranat ic s
1 .9
Cg Aromatics
4 .4
Extract
Nonaromatics
2
Benzene
15.4
Toluene
2 9 .9
Cg Aromatics
4 2 .8
Aromatics
9 .9
< -5-
SAL 000018819
4. Additives
'
e
'
. Breaxit 8014 (Exxon Chemical) - Demulsifier
.
Sulfolane (Shell Chemical) - Solvent
MAZU DF 100S (Mazu Chemicals Inc, ) - Antifoam Agent
Diethanolamine (Union Carbide Corp. ) - pH Control
Monoethanolamine (McKesson Chemical Co. ) - pH Control
B. Air Contaminants
Employee exposure to toxic substances in air was determined
' by unit area sahaples, personal monitoring samples and short-term
grab samples.
*
1. Area Samples
These samples show the exposure employees would receive
if they were working at the monitored location. This type sample
is also used to evaluate unit "tightness" and provide a baseline
for future reference. A unit plot plan showing sample locations
is in Appendix B.
AXU Area Samples
Sample
Air Contaminant
Threshold
Date Location Location Level. Parts/Million (ppm) Limit Value (ppm)
10/7/75
1 5' N. E410B Benzene - 1
10
*
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
10/7/75
2 15' S. P451A Benzene - 1 Toluene - Trace* Xylene - Trace* Hexane * N. D.
10 100 100 100 <
* Trace - Less than 0.1 ppm. 6-
SAL 0 0 0 0 1 8 8 2 0
Sample
Air Contaminant Threshold
Date Location Location
Level (ppm) Limit Value, (ppm)
10/13/75 3 2' S. P434A Benzene - 1
10
Toluene - 1
100
Xylene - 1 ` 100
Hexane - N. D.
100
10/13/75 4 1 S. P420A Benzene - Trace* 10
Toluene - Trace* 100
Xylene - Trace*
100
Hexane - N. D.
100
10/13/75 5 1 S. P432B Benzene - Trace* 10
Toluene Trace* 100
Xylene - Trace*
100
Hexane - Trace* 100
10/13/75 6 1` S. P422B Benzene - Trace* 10
Toluene - Trace* 100
Xylene - Trace*
100
Hexane - Trace* 100
10/14/75 7 W. E461A Benzene - 1
10
Toluene - Trace* 100
Xylene - 1
100
Hexane - N. D.
100
10/14/75 8 W. E461A Benzene - 1
10
Toluene - Trace* 100
Xylene - 1.
100
Hexane - N. D.
100
* Trace - Less than 0.1 ppm.
<
SAL 000018821
Sample
Air Contaminant . Threshold
Date Location Location
L evel (ppm) Limit Value (ppm)
10/14/75 9 W. E461A Benzene - 1
10
Toluene - Trace*
100
Xylene - 1
100
Hexane - N. D.
100
10/14/75 10 S. P433A Benzene - Trace*
10
Toluene - Trace*
100 #
Xylene - Trace*
100
' s
Hexane - N. D.
100
10/15/75 11 W. D450 Benzene - Trace*
10
2nd Floor
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
10/15/75 12 S.E.E420B Benzene - Trace*
10
Toluene - Trace*
100
Xylene - Trace* * 100
Hexane - N. D.
100
10/15/75 13 S. T420 Benzene - 1
10
2nd Floor
*
Toluene - Trace*
100
Xylene - 1
100
Hexane - N. D.
100
10/15/75 14 S. T420 Benzene - Trace*
10
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
* Trace - Less an 0.1 ppm. -8
SAL 000018822
Sample Date Location Location 10/22/75 15 S. P464A
10/22/75
16 W. P413
10/22/75
s s
17 W. P413
10/22/75 18
W. P461
10/22/75 19 W. D461
. '
Air Contaminant
Threshold
Level (ppm)
Limit Value (ppm)
Benzene - Trace*
10
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
Benzene - Trace*
80
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D. .
100
Benzene - .Trace*
10
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
Benzene - Trace*
10
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
Benzene - Trace*
10
Toluene - Trace*
100
Xylene - Trace*
100
Hexane - N. D.
100
"Trace":L ess than 0.1 ppm. Results of area sampling show employee's exposure during a full
eight-hour shift should be less than 10 percent of the allowable standard.
< SAL 000018823
2. Personal Samples
Personal samples were collected on process technicians.
These samples measure actual employee exposure during an eight ' hour shift.
AXU PERSONAL SAMPLING DATA
Date 10/7/75
Employee Shift
Batiste 7-3
Air Contaminant Threshold Level (ppm) Limit Value (ppm)
Benzene-Trace* Toluene -T race *
10
100
Comments .
Xylene-Trace*
100
s Hexane-N. D.
100
10/13/75 Frazier Benzene-Trace*
10
tm
7-3
Toluene-Trace* . 100
Xylene-Trace*
100
Hexane-N. D.
100
10/15/75 Frazier Benzene-Trace*
10
7-3 Toluene-Trace*
100
Xylene-Trace*
100
Hexane-N. D.
100
10/28/75 Frazier Benzene-Trace*
10
3-11"
Toluene -T rac e *
100
' Xylene-Trace* .
100
Hexane-N. D.
100
10/29/75 Batiste Benzene - 4. 38
10
7-3
Toluene - 15. 84
l'oo
Collected
simulated quality
Xylene-Trace*
100
control samples
(feed, raffinate.
Hexane-N. D.
100
extract).
* Trace - Less tnau u. i ppm.
.
-10-
(
SAL 000018824
Employee Air Contaminant Threshold
Date
Shift
Level (ppm) Limit Value (ppm)
10/29/75 Allen Benzene- 2.27
10
3-11
Toluene- 1.12
100
Comments
Xylene- 4.00
100
Hexane- N. D.
100
10/30/75 Burns 11-7
Benzene- 4.23 Toluene - 7.61 Xylene- 1.93
10 . 100
100
Collected quality control samples (feed, raffinate, and extract).
Hexane- N. D.
100
10/30/75 Batiste 7-3
Benzene- 1.71 Toluene- 1.93
.
10
100
Xylene- Trace*
100
Hexane- N. D.
100
10/30/75 Batiste 7-3
Benzene- 20.33** Toluene- 4.67 Xylene- 2.93
10
. Simulated
quality control
100
samples (feed,
raffinate, and
100
extract).
Hexane- N. D.
100
11/4/75 Batiste - Benzene- 6.30 Toluene- 5.65 Xylene- 6.51 Hexane- N. D.
10
Peak sample-
simulated quality
100
control sample
collection (feed,
100 raffinate, and
extract).
100
* Trace - Less than 0.1 ppm. ** Employee also changed rich solvent filter. See additional data under
Short Term Samples.
-11-
SAL 000018825
3. Laboratory Quality Control Sampling Personal air samples were collected while employees were
sampling the feedstock, raffinate and extract. Quality control sampling takes place on the graveyard shift and requires a total of five minutes to complete. Sample lines are flushed to the pad allowing significant potential for high employee exposure.
The allowable standard for short term exposure to benzene is 25 ppm. Maximum short term exposure to toluene is 125 ppm.
SAMPLE RESULTS
Peak Exposure Standard Date Name Benzene (ppm) Toluene (ppm) Benzene/Toluene (ppm)
10/30/75 Batiste
1.71
1.29
25/125
11/4/75 Batiste
6.3
. 3.78
25/125
Although the peak exposure values do not exceed allowable
limits, unnecessary exposure is caused by flushing sample lines
to the pad. Flushing of aromatic hydrocarbons to the pad is not a
desirable work practice.
4. Short Term Samples (Grab) Grab samples are used to determine employee peak exposure
to transient vapors and during interminent operations. Samples were
measured by use of Drager Detector Tubes, charcoal tubes and a
portable hydrocarbon analyzer.
(
12-
SAL 000018826
1
Date
Location
Pak Exposure Standard
Benzene 'Toluene
Benzene/Toluene
10/20/75 Sewer East T-440 60 ppm 400 ppm
25/125 ppm
10/20/75 10 Ft. Downwind 10 ppm of Sewer T-440
25/125 ppm
10/20/75 East E461
25 ppm 25 ppm
25/125 ppm
10/20/75 Downwind E461
10 ppm 10 ppm
25/125 ppm
10/20/75 Roadway Between Pumps and Furnace
N. D.
N. D.
25/125 ppm
0
10/20/75 P420B
N. D. N. D.
25/125 ppm
11/4/75
Sample Point (Feed, Raffinate, Extract)
3 ppm 2 ppm
25/125 ppm
11/4/75 11/4/75
Column C -4 Sewer
Column C-5 Sewer
. 210 ppm 200 ppm 150 ppm 150 ppm
25/125 ppm
25/125 ppm
11/13/75 Changing Rich . Solvent Filter Cartridges (20 MPH Wind)
30 ppm , mm
. 25/125 ppm
11/13/75 Still Air in Trash Barrel for Used Fitters
21Qppm 400 ppm
25/125 ppm
5. Conclusions Employee exposure to air contaminants based on eight hour
time weighted average was found to be within standards for all
samples collected except one. The sample in question was collected
October 30, and was twice the allowable standard of 10 ppm benzene.
Investigation showed the employee had changed the filter elements on
the rich solvent filter. Air samples of this operation were collected
on November 13 and showed high levels of benzene during filter
replacement.
.
.
SAL 000018827
Employee exposure (eight hour time weighted average) was
higher when quality control samples were collected.
Exposure to aromatic vapors from the sewer system is
another point of contact likely to have caused higher exposure than
would be expected from the data on unit area samples.
6. Recommendations
a. Eliminate introduction of aromatics to sewer.
b. Install a closed loop sampling line at each quality control
sample point.
c. Ensure filter is well flushed prior to opening the rich solvent
*
line.
d. Use Drager tubes to check for benzene when-changing filters
or breaking open lines.
`
e. Employees should wear supplied air respirators or organic
vapor chemical cartridges when benzene concentrations exceed
10 ppm.
Biological Samples
Potential employee exposure to benzene can be determined by
the use of area and personal air sampling, however, the final measure is
the degree of actual employee exposure.
The human body metabolizes benzene to phenol which is excreted
in the urine. There is a direct correlation between benzene exposure and
urinary phenol levels. The normal range of phenol in urine for unexposed
people is 5-20 m g/liter.
.
.
Excessive benzene exposure is represented by urinary phenol
concentrations of 80 mg/liter or greater. Samples on the following page
are identified as A. beginning of shift, and B. end of shift. Results of
samples show no significant employee exposure to behzene.
< -14-
SM- OOOO1 8 028
D. Hearing Conservation
t
1 Noise Survey
.
Sound level measurements were made at specific locations
on the AXU (see Noise Plot Plan in Appendix C). Potential hearing
loss is based on the intensity and duration of noise exposure.
The table below lists noise levels measured at specific locations
i
and allowable unprotected exposure time.
OSHA Permissible Noise Exposures (Table G - 16 29CFR 1910. 95 [a])
' S'
.
Duration Per Day. Hours 8 6 4 3
Sound Level dBA Slow Response " 90 92 95 97
2
100
11/2
102
1
105
1/2 .
110
1/4 or Less
115
` AXU Noise Survey
Location No. 1 2 3 4
Location
S. W. Corner of Unit
P462
P440
P460A
-16-
Noise Level (dBA)
'
79
90
. 90
93
Allowable Exposure Time (Hours) 8 8 8 51/2
SAL 000016830
COST $________ PAID BY PLF. DEF. TBA No________
r
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
SAMMIE JOE SKEEN,
INDIVIDUALLY AND AS NEXT
S
FRIEND OF ROCKY NEAL SKEEN S
AND ASHBY HOPE SKEEN,
MINORS, As Administratrix
of the Estate of WILBUR
S
JACK SKEEN, Deceased, and S
JOE LYNN TAYLOR, JILL
MARY CROOK, JOHN MATHEW
SKEEN, and JACK CHRIS
SKEEN, HAZEL SKEEN
VS.
S
MONSANTO COMPANY, ITS
SUBSIDIARIES OR
AFFILIATES
C. A. NO. G-82-468
PROCEEDINGS BEFORE THE HONORABLE HUGH GIBSON
ON-LINE TRANSLATION
SEPTEMBER 30, 1986
V
J
<
*
MS-1047 P.O.Box58170 Houton,Tex**77250 (713)2800013
Page 13
not be cured if y o u 're not detected early.
q What disease was that? A B a . i c . n y by the attac* on the bone narrow which
destroyed - which produced the - and destroyed that,
oroduced the blood supply-
which was the organ that proauc
q . was there a name for the disease? A . There was a name of the disease, depending upon the
particular stage in which you caught it or found it.
q . Can you givd us some examples?
A . Simple anemia was evidence o it.
'
0 . NOW, you've testified now that in small amounts, low
concentrations, for prolonged periods of time, 40 or 50
years ago, benzene -as Known to cause anemia at least; as
that correct? A . capable of being able to cause anemia.
q . Didn't cause it in everybody? am the known difference in
A . Did not cause it, because of the Know
susceptibility of individuals.
Q . hat is a small amount, 40 or 50 year, ago, what was a
small amount of the low concentration of benzene?
A Forty or fifty years ago, the criteria was that w
,,ould get it down to below a hundred parts per million. . hundred parts per million
0. Forty or fifty years ago, a hu a ,, to be a low concentration; isn't that right,
was considered to be a row k + imon the technique you went about
Depending somewha P
Emanuel "Kym" Fontana, Jr.
Page 14
e q u a t i n g it or monitoring it. Han, r e s e a r c h an, people ho studied carefully found that they could - s u r e
,, much below that and still ere getting problem,.
Q. we'll get to the measurement, but my gue.tion is: As
.
a low concentration 40 or
far a, health hazards, what was a low
aflo, It wa3 a hundred parts per million, wasn't 50 years ago? J-i- waa a
it7 x. That was about the level at which they could adequately
or quantitatively measure or monitor the product.
Q . so in the literature 40 or 50 year, ago, if they
rations or small amounts, you could discussed low concentrations or
that they are talking about something in the safely assume that tney range of a hundred parts per million; isn't that right, X. Yes. And if you examine the literature very carefully,
,ou realize that they really didn't have very good information about what the concentrations were. Q D0 you know what the mechanism for causing leukemia as,
X. Not entirely. It's a medical question that I would _ T .m not a qualified physician,
like to pass over. I not h a that on to somebody that is, like a
q . Do you pass tnat on w
hematologist?
^
a specialist other than in the
X. I would pass that on to a sp
field of industrial medicine.
q . would a hematologist qualify?
A . I not qualified to answer that, because I'm not
^
Emanuel "Kym" Fontana, Jr 2 i r*Aiirt PftOOTt.^r
Page 20
could occur to someone being exposed over some lengthy period of time to 10 parts per million? A. The first symptoms that we could expect to look for, if there were symptoms of some damage, would be in the blood system or in the blood counts that we measure. Q. Is it your testimony that an individual exposed to 10 parts per million of benzene over some prolonged period of time would have some reflection of that in his blood
picture?
v
A. Not unless he's gotten some damage. It would be -
reflected and you could measure it easily by measuring the
phenol content of urine or the urinary sulfate ratio, which
would be my approach to the problem rather than the medical
approach, which is blood. Q. Is benzene a human leukemic, that is, does it cause leukemia in humans at the level of 10 parts per million? A. I'm not aware of any experiences or cases where it was proven that 10 parts per million caused that. Q. In fact, when I asked you in March if you had an opinion about the levels at which benzene is a human leukemogen as known today, that's March 1986, do you recall your answer Is, the best information that we've been able to establish would be 35 to 40 parts per million and above? A. That's the human cases that have come to my attention. q . Yes, sir. And you certainly wouldn't be prepared^
Emanuel "FCym" Fontana, Jr, Official Court Reporter
page 26
a. Does the ACGIH else discuss substeuces that ere known or suspected to be carcinogens?
A. They do. a. And leukemia is a cancer and, therefore, leukemogens
are carcinogens; is that correct? A. Yes. fhat's another definition the same way. 3 . Do you know what the ACGIH classifies benzene as today? is it a known or a suspected human carcinogen,
according to the ACGIH? A. It probably defines it as suspected human carcinogen. a. And it's never classified it as a known human
carcinogen, has it? A. That is true, I believe. q . And you've been on that committee since '77 or '78?
A. '77, '78, yes. q . You've not made that change in the recommended or in
the TLV booklets, have you? A. I have not. However, I -- even though I might have voted against not including it as a human carcinogen, I was
outvoted, because in our company's operations we always practiced using it a, a human carcinogen and my operations and my recommendations to the company and the protection of
my people was always assume it was. q . These other experts in the ACGIH committee on which you
sit overruled you; is that what you're saying?
.
Emanuel ''Kym" Fontana, Jr,
Page 45
value.
^
^ t e on the one you signed,
Q . in any event, what was the date on t
the Exxon sheet?
. That one was the 10th month, '77, October 1977.
Q. hat did Exxon's Material Safety Data Sheet on benzene
look like In 1969 and 1970? but we had them.
A. I don't remember, but we na
But I don't recall.
Q. DO you remember that you had this third page?
A . He had that,information available in some form or
i.
third page or actually typed _
another. Whether it was the third pag
in on the form, I don't recall. +hit in 1969 you were advising
Q. your sworn testimony is that In 1 Y ,,1 safetv data sheets all
folks that you gave these material s y
of the same information that you were in '77?
15 A. Or the equivalence 16 Q. Is it the same or 17 A. Yes. It may not h
to tell them that pro3
18
19 marrow injury leading
20 yes. 21 Q. You also told us
Committee on a i i that benzene should be listed as a known
your position was that benzene
carcinogen; is that correct?
X. I voted for that.
*
'Emanuel "Kym" Fontana, jTV
- .i P/m irf
Page 46
q . Yes, sir. in the 1977 Materials Safety Data Sheet
which you signed -- A. Yes. Q. ,, how do you list benzene, under Chronic," the last
page? i. Benzene is increasingly suspected as a carcinogenic chemical in man by reason of an association with leukemia in some instances of excessive occupation exposure. 0. SO the Materials Safety Data Sheet which you signed in 1977 listed benzene a. a suspected carcinogen?
A. Yes. B. and i. there an explanation for that since you told u.
it was your view? a. This i. for the public or the customer, which is the general public, that bought the product. And with that information on there, I dare say that anyone that was going to be using the product certainly would come back for more
definite information about the product. It was to
stimulate and,, rai-some, aa rreedd ftliaagg fior them that they had a. very hazardous, dangerous material. Q. But even though you thought it was a known carcinogen, you said it was a suspected carcinogen because they'd come back to you, that would raise a red flag? . I would certainly have expected them to ask me for the
evidence and the data.
Page 50
q . And what exposure would it take to lower, see any effect in the urine, assuming there were no dietary interferences at all, no other interferences, how much benzene would you have to have to show any difference at
ail? . Mr. Scott, we presented that yesterday on a table of the significance of what the exposure would be when the ratio of the sulfate fell below 80, and I'll refer you back to that information that's been already entered. q . That's something you would have to look at the books to
tell you? A. That's true. o. It's not the kind of thing that any of us would
remember? k. Let me mention and emphasize again, that I individually looked at anything suspiciously if it was less than 80 percent, and found out how and why there was a change in
this ratio. a. isn't it true that you had to have exposures greatly in excess of 10 part, per million to affect the urine sulfate
ratio at all? A. You're very near the break point at 10 parts per
million. Q. It has to be at least 10 parts per million? A. Yes. You're very near, as I say, a little above may
Emanuel ''Kym" Fontana, Jr, Official Court Reporter
Page 73
levels these folks had during those years, can you? A. X would like for the jury to know that if we kept the THA down below 10 parts per million throughout their workday, throughout their week and throughout their career, they are not going to have any significant problems in any of their life. And if we have hypersensitive people that that would be affected, they'd be detected the very first week or two that they working there, and they'd be moved to some safe operation. And they were. I'm sure, but X don't know of anyone that we - we didn't have enough people to .
run into that one in a thousand or one in a hundred thousand that you might have. Q . My point is that you can't tell this jury that the Exxon folks were exposed only to one part per million or two parts per million. All you can say is, it was less
than 10, correct? A. We were only working to that goal of 10 parts per
million. q . All right. A. I'm still convinced there's no problem under 10 parts
per million.
Q. All right.
I want to ask you about that, because
yesterday Mr. O'Quinn showed you an article by Lamson
Blaney, which you've described as one of the medical
directors of Monsanto in Massachusetts. One of the first
Emanuel "Kym" Fontana, Jr, i rourt Reporter
Page 74
statements that he read to you -- one of the first statements he read to you was right here at the top o the page of Exhibit No. 1680, Plaintiffs, "The statement has been made informally that the maximum allowable concentration for benzene vapors should be zero." Do you
remember that? A. I heard that. q . You don't agree with that? X. I don't think that's practical that you can live that
way. Q. And you weren't trying to tell this jury that Monsanto should have known that zero was the exposure level in 1950
or even today? A. No. I don't recommend zero as a limit. q . All right. A. And I think 10 parts per million and less is sufficient. Q. Now, on the hypersusceptibility question, what test can you do on a pre-employment physical to determine whether an individual is going to be hypersensitive or
hypersusceptible to benzene? A. only by the history, his history, in regard to whether or not he's been exposed to benzene or some concentration of benzene in the past and had any particular reaction. That's brought out by careful medical history of him. ,
nvs\y * n ,
CO N FID EN T.
.
.
<j5~U
INDUSTRIAL HYGIENE FOUNDATION OF AMERICA, Inc.
4400 FIFTH AVENUE
PITTSBURGH. P A
INDUSTRIAL HYGIENE SURVEY of the
Baton Rouge Refinery LOUISIANA DIVISION
ESSO STANDARD OIL COMPANY
Baton Rouge, La.
February 'April. 1949
I
72
Tftfflr.E OF CONTENTS
I K TH ODUC T I ON
...................................................................
s U MMA R Y ......................................................................................
P R O C E S S WORKERS
......................................................
^CHEMICAL PRODUCTS DIVISION .......................................................
CRACKING DEPARTMENT ...............................................................
Paracril Plant
................................. ................................
Steam Cracking P la n ts, No. 1 and No. 2 ..................
Butadiene Extraction Plants
........ ................................
Isobutylene Extraction Units Nos. 1 , 2 , and 3 . . . . .
D iolefin Extraction Unit
......................................
BUTIL RUBBER UNITS
...............................................................
Materials and Process
....................................................
Exposures
...........................................................................
ALCOHOL PLANTS .......................................................................
Accident Hazard
...............................................................
Blending Agents
..................................... ..........................
Carcinogenic Problem ......................................................
CATS S d S * S Some*ChemicaLs "sd*in *th *Ctlyst "plant*
PETROLEUM PRODUCTS DIVISION ...................................................
REFINING AND OIL MOVEMENT .......................................*........
D istillation
........................... ****...............****..........
No. 2 D . & S. and Hydrogen Sulfide Recovery Unit
Oil Movement
................... . ........................................
LUBRICATING AND PARAFFIN DEPARTMENT
...........................
Wax Presses
.....................................................................
Plate Shop .......................................................................
Refrigeration Unit
........................................................
Crude Scale Wax Sweaters
............................................
Refined Wax Sweating , ............. ; .......... **I* ................ Propane De-waxing, Propane De-o ilin g , and Propane
De-asphaltlng
...........
MEK Plant
.........................................................................
Wax F ilterin g
.................................................................
Lube F ilter Plant
.........................................................
Phenol Plant
.................................................................
Lube Oil Treating
.......................................................
Lube O il Blending
.......................................................
Grease Manufacture
......................................................
Inhalation o f M ists
....................................................
Inhalation of Dust
........................................ ............
Skin Contact
.................................................................
CRACKING DEPARTMENT .........................................................
Thermal Cracking
....................!*' **AA*A*M1................
1,000-pound C olls: No. 21 and No. 22 Units
....
750-pound C oils: No. 19 and No. 20^Units
.........
Conclusions Regarding Exposure of Men ...............
Steam Cracking
.............................................................
Process
...................................................*....................
C atalytic Cracking
................... *.......................... *****
Materials and Process
........ *....................................
Significant Exposures
..............................................
Pages
i
ii-xiv
1-50 1-18 1-5 I- 3 3-k *-5 5 5 6-7 6 7- H II- 12 11 11 12-15 15-18 15-18
19-50 19- 2 19-20 20- 2 21-23 2k-5 8 2U-27 27-28 28 28 28
29 29-32
3V2i
3^-35 36 36-37 37 37
38
38-39
Ho-^3 l+0-^2 l*2-l*3 t3 y* W*-i*5
1*5- ^ 1*5
1*5-^
74
T&-RT.K OF CONTENTS (Continued)
UTILITIES AND LIGHT ENDS
............................
Light Ends
........................................
Petroleum Vapor
..................................
Hydrogen Sulfide
.................................
Acid Recovery Plants
..................... *.......
Boiler Houses and Power Houses
....... ..... ........
M A I N T E N A N C E AND C O N S T R U C T I O N
.....
PIPE DIVISION .........................................
Catalytic Cracking Units
...... ...................
Alkylation Units
.................................
Wax Manufacture
..................................
Phenol Plants
...................................
Barisol Plant
...................................
Lube^ Treating Area
...............................
Alcohol Plants
............................ *.....
M. & C. Machinists
................................ .
Outside Machinists
...............................
MEK Plant
.......................................
Phenol Treating Units
............................
Paraffin Wax Presses
...... ..... *.......*........
Butyl Rubber Reactors and Finishing Building
........ .
Paracril Plant
......................... *........
Gas Compressors
................ . *-- ****'*.......
Contact with Heavy Catalytic Cycle Gas Oil and OLA Tars ..
Machine Shoo
............................ ...........
Main Shop
..................... ..................
Disassembly and Reassembly Shop
.......... .........
Metal Spraying
..................................
BOILERMAKER DIVISION
..................................
Riggers
..... ...................................
Welders and Burners ...............................
Pipe Shop, Chemical Products Division
..............
Boilermaker Shoo. "Old Boiler Shop.
...............
Welders at Catalytic Cracking Unit Turnaround
.......
Lead Burners
............... .......................
Lead Burner Shop at No. 3 Acid Plant
........... .
Lead Burning Shop in Crafts Building in
Chemical Products Area
........
Outside Lead Burning and Bonding
....... -- ........
Medical Control Measures
............... *........
Utility of Lead Urinalysis
.......................
METER AND INSTRUMENT DIVISION
.......... ...............
Shops
.........................................
Outside Men
....... .............................
Shift Men
......................................
ELECTRICAL DIVISION
..................................
Line Gang
......................................
Electricians Assigned to Process Units,
Laboratories, and Offices
..... .
Main Electrical Shop
.... .......................
Pages
U8-50
U8-50
U8-h9
h9
^9 50
51-85 51- 59 52- 53 53 53 53 5>
&
55-58
55 55- 56 56 56- 57 57 57 o 57- 58 58 58- 59 58 58-59 59 60-67
60
60-63
63-6U
6^-65 65-66 66- 69
66
66 66
67 67- 69 70-72 70- 71 71- 72 72 73-75 73
73 7^75
I
75
T&W.-P. QF CONTENTS (Continued)
Contact with Suspected Carcinogens
Underground Lead Work ,.****
Occurrence of nitrogen Oxides
........
MASON DIVISION ...........................................*]'
Masons
....................................................
Concrete and Sandblast
.....................
Brick and Asbestos Grinding
...........
In su la to r s
...........................................
GENERAL LABOR ................................................
..................
Refinery Disposal Dump ................................................
Ethyl Lead Tanks Cleaning
..........................................
Exposure to rosier c^ ^ ,, ^ . aetor chM ier (rOu 0
Cleaning Bubble Towers
. . . . ..............*******
Cleaning Reactors, Light Ends Plant
......................
Tank Cleaning
......................... ............................ \\\..
Tube Soaker Cleaning
Cleaning Soaking Drums at Thermal Cracking Uni..........
Dismantling Condenser Boxes Exposures to Heavy Aromatics
..................................... ................. . e e # e e .
CARPENTER AND PAINTER DIVISION ..........................................
Paint Shop ................................................
P a in te r s
..................................................................**
MI S C EL L A H E 0 U S
LABORATORIES ...........
Refinery Laboratory
A niline
.........
Mercury Vapor
PRINTING STANDARDS M aterials Handled
V entilation
ASPHALT PLANT ........
k ^PREVENTION OP EXPOSURE TO HIGH BOILING AROMATICS BENZOL EXPOSURES ..................................................
Pages
75 75 75 76-79 76- 77 77- 78 79 79
80- 8k 80 80
80-81 81
81- 82 82 82 83 83-8h 8h 85 85 85
86-91
86-88 86-88
86
86-88
89-90 89 89-90 91
92-95 92-91* 95
f
7G
T.TST g p tables
Table I. Table H .
Table III.
Table IV.
Table V.
Table 1.
Table 2 .
Table 3* Table W. Table 5* Table 6.
Table 7 Table 8 . Table 9* Table 10.
Table 11. Table 12. Table 13 Table lb.
Pages
Hazardous Exposures to Materials of Eooro Toxicity
Exposures to Hazardous Materials Judged to be
Within Safe Limits ............... * Exposures Classified as Suspicious But About Which
Exposure and/or Toxicity Data are Incomplete
Exposures of Lcnr Intensity to Materials of a Low
Order of ToccLcity ***********************` Recommendations for Mechanical Improvement of
Conditions
.........................
iv v-vi vii-x x-xii Xiii-XlT
Dust Concentration--Talc Dust in Butyl Rubber
FlBlfllusg Jin inintt
,. 10
rh^TTHmia and Other Raw Materials Used at Catalyst Plant During Last Pive Tears
---- .. 16
Petroleum. Vapor Measurements in Ho. 16 and
Ho. 17 Battery S t i l l Houses
;*.............. . . ..
19 26
O il Droplet Counts--Paraffin Press Building ........
Measurement o f Solvent Vapor in MEKPlant _ ........
R esults o f Urine Sulfate Ratio Measurement far
MEE Plant Workers Dust Counts a t Lube F ilte r rian t
................
Phenol Measurements
****!*! 11............
Concentration o f O il Mist in
o f Punps a t Thermal Cracking unit
..............
Concentration o f O il Mist in o f Punps a t Thermal Cracking unit
.............
R esults o f Lead Determinations in Urine
o f Tr--* Burners and helpers
........................ . . . 67
Mercury Vapor Measurements--Meter and Instrument
Dust Concentrations in V icin ity o f Sandblast Shed
Mercury Vapor Determinations--Laboratories
. . . 88
77
industrial hgiene surve made for
ESSO STANDARD OIL COMPANT BATON ROUGE, LOUISIANA
FEBRUARI 23 - APRIL 20, 19^9
Arrangements tor th is enrrey re made in 19 through the o ffice of
Dr. R. 0 . Page, General Medical D irector, Standard O il Company (R.J.). I t is a part of a larger study vhich i l l include four plants of the Eseo Standard O il ` company, Sarnia Refinery o f Imperial O il Limited, and the Aruba Refinery of Lego o i l and Transport Company. F ield ork at a ll the plants 111 hare been complet ed before the submission o f th is report. The f ie ld verb a t Baton Rouge "braced
the period February 23 to April 20, 19*9- Mr- J-
TM **" * "
refin ery for the entire period of the ork, Mr. . C. L. Hemeon pent to eeks
at the refin ery, and Mr. George F. Rain., Jr . , o f the Foundation s ta ff, a s s is t
ed during a period of two weeks. Persons in Standard O il Company (N.J.) d irectly concerned with the
work are Dr. Joseph P. Holt and Mr. N. V. Hendricks; In the Esao Standard Oil Company headquarters, Dr. John S. Denholm and Dr. Clyde M. Berry. At Baton Rouge, the o f f ic ia l contact was Dr. Howard Hansen.
During the course o f the surrey, don e association as established n t h Mr. R. Staurexman, J r . , Mr. Roy S. Brady, id Mr. Stanley Day, of the
Safety Department. The important conclusions of the surrey are highlighted in the
"Summary" aection of the ensuing pages.
*
S U MMA R Y
There are four principal classes o f materials of significance in the present considerations.
(1) M aterials which are known from experience to cause slowly develop tag to x ic e ffe cts when workers are chronically exposed to atmospheric concentra tions above certain le v e ls , as lead dust, s ilic a dust, benzol vapor, and the lik
The severity of exposure to th is cla ss in conventional manufacturing processes in factory buildings can usually be appraised quantitatively by analys of the workroom a ir . Situations in the o il refinery where th is could be done . were fev.
(2) M aterials whose primary action is acute poisoning from short-time exposures. The acute poisoning may be effected by a sin gle exposure incident. They usually have no chronic effects at lower concentrations. Carbon monoxide is an example. Asphyxiant or narcotic concentrations of carbon dioxide and alip h atic hydrocarbon vapors are in th is category.
(3) M aterials, as acid gases, which are irrita tin g to breathe, re p u lsive, and hence, obvious in th eir presence; therefore, -these warning proper tie s tend to discourage exposures to injurious concentrations, except as they occur in accidents.
(^0 M aterials as FEN, C^, and related aromatics which, because of th eir physical or chemical relationship to cla sses of known physiologically active m aterials, may be suspected of haying deleterious health e ffe c ts but about which there is no evidence from human exposures to permit o f their accurate c la ssific a tio n .
la the follow ing ta b les, exposures of refinery employees to m aterial which are c la ssifie d above are separated according to the evaluation arrived
7.9
ill.
at in the course of the survey. Table I summarizes the exposures where it was
possible to conclude that a definite health hazard existed.
Table II sumnsrizes potential exposures to substances definitely known
to be harmful, but where our observations indicated the intensity of exposure
to be within safe limits.
Table III describes the largest and most important class of exposures
where there is no experience to guide one to any definite conclusion, but
wherein by Inference (necessarily somewhat tenuous), we are led to suspect the
possibility of hazardous conditions. In these cases, medical supervision of
workers is indicated, so that by m* of periodic examination of special design,
any incipient health effects will be detected before widespread development
occurs.
We have
in Table H I the already recognized potential car
cinogen hazards in exposures to the high boiling cut from catalytic cracking,
wax pressing, OLA. tars, nr>^ uxdmovn substances from alcohol manufacture. Not
heretofore recognized is the possibility of oil mist inhalation in various
localities. Some measurements of oil droplet concentrations in atmospheric
suspension have been
in various locations.
Table IV summarizes exposures to materials which are conservatively
estimated to be innocuous or of negligible toxicity at the levels of concen
tration encountered in practice.
Table V sunmarizes recommendations far mechanical improvement of con
ditions 1m several locations.
In general, and to the credit of the executive attitude at this
refinery toward safety and health, many of the hazards discussed in this report
hurl already been, recognized. Corrective measures have been instituted widely.
80
IV.
Operation or Location
Table I HAZARDOUS EXPOSURES TO MATERIALS OF KROVW TOXICITT
Substances or Conditions
Employee Group Affected
Paracril Plant
C atalyst Plant ' \
Sandblast Sheds Pipe Shop in Chemical Pro ducts D ivision Brick grinding Shed.
A crylon itrile --by inhalation in v ic in ity of latex and coagulation pots.
Chromic oxide, various other raw m aterials and products--by inhala tion and skin contact.
S ilic a dust--by inhalation.
Metal fumes have produced symptoms of metal fume fever.
S ilic a dust enters shed from sandblast.
One or two process men.
The 13 catalyst plant workers.
Sandblaster helpers
Boilermakers, welders, and burners.
One man o f Mason Department.
t
81
V.
Table H
EXPOSURES TO HAZARDOUS MATERIALS JUDGED TO BE WITHIN SAFE LIMITS
Operation or Location
Substances or Conditions
Employee Group Affected
Butyl Rubber
Butyl Rubber Finishing Building ' Butyl Rubber Reactors Alcohol Plant
A n ti-freeze production in Alcohol Area.
Paracril Plant
Methyl chloride in v ic in ity of reactors and in fin ish in g building. Safe usage by reason of process control, v en tila tio n , and d a ily air analysis.
Tale dust at packaging.
Aluminum chloride exposure is controlled by wearing resp irators.
Inhalation of acetaldehyde is at present prevented by use of r e sp ir a to r s.
Methyl alcohol exposures are con tro lled by informed personnel and natural ven tilation .
A crylonitrile--in control rooms and in fin ish in g building beyond coagulation pots.
Light Oil Treating Plant
Shell S t ill Batteries No. 16 and No. 17.
Ho. 2 D. & S ., Hydrogen Sulfide Recovery Unit
Tetra Ethyl Lead Blending Plant
Lead--mist at ground le v e l from aeration in doctor regeneration.
Hydrogen su lfid e exposures slig h t in receiving houses.
Leakage of hydrogen su lfid e is e ffe c tiv e ly prevented in the process equipment.
Tetra ethyl lead--sa tisfa cto ry control measures are practiced.
Gasoline anti-oxidants--6kin
contact is unlikely in present mode of handling.
Process and mech anical workers in these areas.
Packers
Process"workers in the reactor area.
A few process work ers in alcohol denaturing.
Process workers and p ip e-fitters assigned to the area.
Machinists, pro cess workers, except attendants at latex and co agulation pots.
Process workers at ground le v e l.
S t ill operators and helpers at the u n its.
Blending plant em ployees, machinists p ip efitters, and laborers.
82
Table H (Continued)
Operation or Location
Substances or Conditions
Employee Group 1 A ffected
Wax Presses--
Method of removing suspected carcino
Plate Repair Shop genic m aterial from plates before re
pair acts to prevent akin contact.
Plate shop personnel
Wax Presses--Re Paraffin D is tilla te , Foots O ilfrigeration Unit no Impartant exposures occur.
Process workers
Grease Manu facturing Plant
Dust of dry grease ingredients. Hot sign ifican t by reason of lew to x icity or infrequent occurence of exposures.
Light Ends Plant Hydrogen su lfid e is generally not a
and Gas Com
chronic to x ic hazard at those places
-
pressor Houses vhere i t occurs in the process streams
because of the degree of confinement
and the v en tila tio n of such places.
Machine Shop
Metal spray and nitrogen oxides, safe
by reason o f infrequent use of toxic metals id outdoor location.
Machinists
Lead Melting Pot (portable)
In sign ifican t exposure by reason of lew frequency.
1 Boilermaker helper.
General, at Process Units
Mercury, v lth reference to skin contact with liq u id .
M. &I . workers
Underground Lead- Lead fumes. Infrequent occasion sheathed conduits far fume evolution.
E lectricia n s
General, in fu r naces o f process units rad b o iler houses.
S ilic a dust in furnace breakdown and repair.
Masons, Laborers
Underground Pipes Heavy aromatics b oilin g above 700*F, vhere digging i s skin contact. required to lo ca te leaks.
Barges, repair o f Lead fumes from welding.
Tanks in Tetra Tetra Ethyl Lead and residues. Ethyl Lead Service
Refinery Lab.
A niline. Mercury vapor.
Printing Standards
V olatile solvents and process liq u id s.
Laborers--exposures
ere fa irly w ell
eliminated by pre
sent control
*
practices.
Welders
Laborers
Lab. personnel Machine operators
83
1
87
:riv.
Table V (Continued)
Operation or Location
Substances or Conditions
Remarks
Type of Mechanical Remedy Applicable
Sandblast Sheds
Faint Shop
' s Pipe Shop, Chemical Products Area
C ata ly tic Cracking Units
Lead Burners Shops? at No. 3 Acid Plant and In Chemical Products Area
Refinery Laboratory: Gas Analysis Room
Old Boiler Shop
S ilica dust.
Paint removers lik e ly to contain benzol. Metal fumes.
C atalyst
Lead fumes
Mercury vapor
Fumes from pre heating Hastelloy D tubes.
For'protection of sandblast helpers and others In vicin ity.
Confinementof silic a dust.
Exhaust booth.
Welding non
Local exhaust
ferrous alloy
system.
-
p ip e s.
With reference to welders * work at turnaround.
Respirator should be worn beneath welder's hood.
General room ven Local exhaust tila tio n does not system. e ffe ct dilution of
fumes between torch and burner's nose.
Inprove floor surface to
fa c ilita te cleaning.
Question of nickel Extension of hood
carbonyl forma
over furnace.
tion .
t
88
PROCESS WORKERS
CHEMICAL PRODUCTS DIVISION CRACKING DEPARTMENT
Paracril Plant.
The principal process involved here is the polymerization of butadiene and acrylonitrile. Other substances besides the reactants are:
Daxad 11
EX kk-1 (di-tertiary-butyl-para-cresol)
'>
Caustic soda
Acetic acid
Lorol mercaptan
_
Hydrozylamine hydrochloride
Candellila wax
Superloid
Number of Employees and Their Principal Stations. In the finishing building, three or four men per shift spend most of their time at the station alongside the drying oven. One or two men are active at the conveyor line where rubber enters the drying oven. Three or four men are engaged fairly steadily at the packaging end of the conveyor. One man intermittently tends the control panel behind the coagulation pot. It is estimated that he is In this locality approximately half of the time.
Reactor Control Room. One man per shift works here fairly steadily. Control Room Over Strippers. One man works here full-time per shift. In addition to the above locations, there is intermittent attendance by the per sonnel already mentioned to the reactors, pumps, refrigeration unit, feed drums, storage shed, etc.
Exposures Incident to Nqi-tiwI Operation. Attention was directed prin cipally to the possibility of inhalation of vapors of acrylonitrile. This was done for two reasons : First, the probable toxicity of acrylonitrile to man, as
t
89
2.
indicated by atHtmI experiments, is greater than with other materials present in *>vis -Diant; secondly, the properties and the quantities of acrylonitrile, and the conditions of its use in the process, indicate a greater chance for adsorp tion of this substance by the men than for the other substances used.
Appreciable concentrations of acrylonitrile are most likely in the vicinity of the coagulation pot in the finishing building, because at this point the product and reactants first reach an unenclosed vessel. An exhaust hood
stands several feet over the top of the pot. Measurements of acrylonitrile vapor on the platform near the control
uanel shoved 90-180 parts per million in samples collected over a period of several hours on two different days.
Samples collected in the following locations shoved negligible or
trace amounts of acrylonitrile vapor in air: (1) control room at reactors (2) control room over strippers (3) entrance end of drying oven in finishing building (k) operator's desk in finishing building Concentrations at other, outdoor locations, such as the vicinity of re
cycle pumps, charge pumps, knock-out drums for compressors, and charge drums would also be expected to be negligibly low. The question of the possibility of fairly high exposures at repeated intervals in the act of sampling the reaction mixture for completeness remains open. Sampling commences at the reactors about four to five hours after the start of reaction and continues thereafter for the duration of the reaction. Samples are taken with increasing frequency until the rate of once every 20 minutes is reached. We obtained an estimate of an average frequency of approximately once an hour. There is undoubtedly some vapo^ exp ure at sampling, as evidenced by the strong odor in the vicinity of the sampling
Zr/TSS,
.
>
90
(
91
Information is lacking on the effects of prolonged or repeated inhala tion of acrylonitrile in known concentration ranges by nan. Hie published maxim m allowable concentration for this substance is 20 parts per million. tm figure was arrived at after animal experimentation by the U. S. Public Health Service. Guinea pigs and other species showed kidney damage. An observation was made that the action of acrylonitrile resembled that of inorganic cyanides for which 20 p.p.m. had previously been accepted as the limit.
We conclude from our observations at this plant that there is some possibility of chronic intoxication from prolonged work in the vicinity of the latex and coagulation pots. Extension of the exhaust hood face to the level of the top of the pot would effectively reduce acrylonitrile concentrations on the working platform. Close medical supervision of men working in this area is ad visable .
Steam Cracking Plants, Ho. 1 and Ho. 2.
Materials and Processes. Gas oil is cracked in the presence of steam to produce ethylene, propylene, butadiene, an aromatic distillate containing lsoprsne, aromatic tar, heavy fuel oil, gas oil, and some residual gas. A clay treating plant at QLA-2 removes a gummy polymer from the aromatic distillate.
Exposures. In the routine operation of these units, exposures to in halation of vanor are infrequent. The men spend most of their time in and around the control houses which are isolated from process materials. The necessity for collecting samples, mniring valve adjustments, inspecting equipment, and making changes in operation takes the men to areas where vapors may occur. This process equipment is out-of-doors. TMtae spent in such areas is of short duration. Vapor exposures are of short duration and infrequent.
- Skin contact with the process material does cot occur in normal
92
93
1.
operation. Unusual events nay cause spills and leaks necessitating contact, principally with the hands and feet.
SigrrtTicauce of 'Cynosures. The aromatic distil1ate is imDcrtant toxi cologically because it contains benzene, toluene, and xylene to the extent of approximately 29 volume per cent. Another 12 per cent of the fraction consists of aromatics boiling between 502F. and approximately U50F. It is impossible to obtain a knowledge of concentrations of these substances in air which may be encountered in those infrequent occasions when exposures occur because of their transitory nature. Since benzene is the most toxic and most volatile compound in this group, evaluation of exposures to it is of paramount importance. Eval- uation under the supervision of the medical department, on the basis of urine sulfate ratio determinations for the group of process people most likely to be exposed is recommended. A discussion of this evaluating technique occurs in the appendix.
The aromatic tars produced at these units are included in the program for control of suspected carcinogenic materials. Pumps, vessels, and lines con taining the tars have been labeled nfl precautions have been put in force. Con tact with these tars by process people is infrequent, according to our observatic of normal processing activity.
Butadiene Extraction Plants.
Material g and Processes. A product 3tresm from steam cracking con
taining C* mono and diolefins goes to butadiene extraction units 1 and 2 for re
moval of butadiene. The process includes the preparation of cuprous ammonium
acetate, its reaction with the hydrocarbons, and the subsequent separation of
butadiene. One
a refrigeration unit serves the two extraction plants.
Tertiary' butyl catechol is added to butadiene as it goes to storage
'
94
y *
in the following Banner: The inhibitor is removed, from the can or fiber drum in which it is received; it is melted in a pressure drum, dissolved in butadiene tc make a concentrated solution, and is then Bietered into the butadiene on its way to storage. A control house for the extraction plant is isolated, materials of great toxicity are not present, and exposures of men by skin contact or inhala tion are not frequent in normal operation.
Isobutylene Extraction Hnjts Nos. 1, 2. and 5.
Materials and Process. Butylene streams from the petroleum products division and from the butadiene extraction units undergo sulfuric aoid extrac tion. Isobutylene and butylene axe the products.
Exposures. Prolonged vapor exposures do not occur in the nn-rrmi opera
tion of this plant.
*
Significance of Exposures. The feed stock and produces are simnle
asphyxiants and anesthetics. Very high concentrations for a prolonged ueriod
would be necessary for the anesthetic effect to be noticed. Health hazards at
these plants consist only of the accident hazard connected with the ^andHn[T 0f sulfuric acid. Extensive precautions are taken.
Diolefin Extraction Dhit.
Aromatic distillate discussed under the heading "cracking plant" is
treated at this unit for the removal of isoprene. It will be recalled that In
this stream, benzene, toluene, and xylene make up a fraction amounting to 29
volume per cent of the total. Opportunities for exposure are aonroximately the
same as at the cracking plant. Similar medical control is recommended for the
men who work here. Vapor concentrations in the air at breathing level of worker
a.ctthe unit are too trans,itor,y to *permit a"*p"praisal of the hazard on the basis cf
Of ^ S
f71
D ^ yyi
95
6.
BUTTL RUBBER UNITS iI
There are three similar polymerization units, two of which are operat
ing. One finishing building is in operation. Materials Process. Isobutylene and isoprene are polymerized to form
butyl rubber. Al^^um chloride Is 11364 63 a catalys'fc* sPeirt catalyst is hydrolized, neutralized, and discarded (2,000 pounds of aluminum chloride are received
and used every 10 days). Methyl chloride: This solvent finds large scale use as a carrier _
for the reactants and as a solvent for the catalyst. Methyl chloride is stripped.' ' from the polymer slurry, purified, and reused. (Loss of methyl chloride is in .' the range of 12,000 to 15,000 pounds per day. Of this amount, ^,000 pounds re presents the unaccounted-for loss.)
Caustic solution: Caustic is used in neutralization of hydro
chloric acid. 7.1nr s-hpp-rate: Zinc stearate is formed at the plant from stearic
acid, zinc sulfate, and caustic. Its production is on a small scale, amounting to six batches in a 2^-hour period. Zinc stearate for both polymerization units
is formed in one location. Phenyl-beta-nanhthylamine is added as an inhibitor. It Is re
ceived as a dry powder and about six times a day, a solution containing six shovelfuls of powder is prepared. Its use amounts to about lfiO pounds a day.
Xvlvl mercautan is used as a plasticizer. It is made up in kero sene solution and is added to the rubber at the extruders in the finishing build
ing.
_ '
Talc is dusted onto the finished product prior to packaging. '
9f>
7-
ExDosures.
1. Control houses for the two polymerization units are isolated from
the process units. The 12 men per shift who control the polymer units spend the
greater part of the time in and around the control houses. They are, therefore,
isolated from exposures to vapors escaping from the units. Instruments in the
control house are of the receiver type except for the spectrophotometer room in
each house, which ha stream lines bringing small amounts of the volatile re
action mixture into the instruments. These rooms are well-ventilated by both \*v
exhaust and supplied air systems.
2. Manufacture of zinc stearate. This batch-wise process is perform
ed twice a day by one man. Technical stearic acid and zinc sulfate are added by
shovel to a reactor. Stearic acid is non-toxic and non-dusty. The technical
grade contains other fatty acids as impurities. They are likewise non-toxic.
Zinc sulfate is a material of low toxicity. The actual time spent in moving it
to a reactor is so short that,even if dust arose, exposure time would be practi -
cally negligible.
^
d
fi
5- Preparation of PBH solution. Twice per shift one man moves six
shovelfuls of the powder into a solution drum. It might be expected that in so
doing there would be some contact between the material and the skin, and that he
might inhale some dust. PBH itself has not caused any acute toxic effects at
this installation. The possibility that one or more of its cancer-formins homo
logues might be present as an impurity is sufficient to make advisable the use of
a respirator during the time the material is being transferred.
h. Preparation of aluminum chloride solution. This irritating and .
dusty operation, for which a respirator is worn, is performed by one man in abouu
10 minutes every third day. ffaniUng this material is a nuisance, but not a
health hazard.
.
97
vu:
Operation or Location
Table III (Continued)
Substances or
E
Conditions
A
Nature of Possible E ffects
Wax Presses
Wax, Paraffine
Lube and Paraffine (Cancer (?)
D is tilla te , F oots- employees, maehin-
011, Pressed O il-- :.sts, and p ip e fit
as liquid or in
ters assigned to
the form of m ists. th is area.
Wax P resses-- R efrigeration
Unit
Paraffine D is t il la te , a suspected
carcinogen.
Machinists and
Cancer(?)
p ip efitters in
repairing coolers.
Crude Scale Wax Sweaters
Solvent de-waxing (MES) Plant
Crude scale wax and o i l, p o ssib ly carcinogenic, de pending on prior treatment o f the s t ode.
7 Vapor of benzol, . occurs in le v con centrations in working areas.
'ipefit t e r s .
Process workers, machinists and p ip efitters as signed to the u n it.
Caneer ( ?)
(Upset of urine sulfate ratio in simple exposure cases; hlood changes in cases of intoxication.
Grease Manufac turing Plant
Lube O il Treating
Inhalation o f m ists and skin
contact with grease ingredients
and products.
Grease Plant Iemployees.
Sulfur dioxide or su lfu ric acid m ist.
The problem of
ir r ita tio n may
be c r itic a l in employees in agitator area having unusual p r e -d isp o sitio n .
iUnknown
IAbnormal tooth Idecay; upper re spiratory irritation .
Phenol Treating P la n ts
Phenol vapor
Workers at Phenol Unknown _ Plant, esp ecially
sample takers and p ip efitters.
j Thermal Cracking
j Units
I
O il mist and vapor, Sample takers and
including c la r ifie d other process
o i l from c a ta ly tic people, pipe
cracking.
fit te r s assigned
Dancer (?)
/jee-r g-
9 R
Total Package" B n e l
_
35-1/1130
________________________________________ \ $ 1 r
1 0 7 l ? In *
99
Operation or Location
Table IH
(Continued)
Substances or Conditions
^Employee Group Affected
Nature of Possible Effects
Steam Cracking Units In Petro leum Products
Aromatic distillate Sample takers and The same signs of
because of benzol other process
exposure nd in
content.
people, pipefitters toxication outlined
assigned to the for benzol
units.
previously.
Aromatic tars and clarified oil from catalytic cracking.
Cancer (?)
Catalytic
Clarified Oil and Process people and Cancer (?)
Cracking Units'' slurry oil when mechanical crafts
encountered either assigned to these
as liquid or as units, especially
mist at hot oil pipefitters.
pumps. '
SUlea-alumina catalyst-- dust inhalation, also entry into eyes.
Significant for pipefitters, velders, masons, and laborers.
Eye irritationy lung abnormali ties (?)
Fover and Boiler Houses
Noise
Full-time employ ees of these places.
Impairment of hearing
Barisol Plant
Carbon tetrachlor Former process - Liver abnormalities
ide, ethylene
workers and pipe
di chloride.
fitters and
machinists former
ly assigned here.
Machine Shop. Disassembly to re-assembly Shop
Aromatic tars and oils boiling above 700% spilled from undrained equipment and ac cumulating an the ground.
Machinists.
Cancer (?)
Pipe Shop in -- Petroleum Pro ducts Division
Lead fumes may be encountered in future vork on bonded lead pipe.
Boilermakers,
velders, and burners.
Increased lead in urine and blood as
evidence of exposure.
t
100
Total Package-
J
35-1/1130
19--
__1JP ' \
10 ? 17 l"1
101
Table H I
(Continued)
Operation or Location
Substances or Conditions
employee Group JEffected
Nature of Possible Effects
Lead Burners Shops at No. 3 Acid Plant and in Chemical Products Area
Main E lectric Shop
Lead fumes, espec jead burners and ia lly from bonding. helpers.
Varsol and Xylenes Shop electricia n s
General, through out refinery
Solvent vapors from cements for in su la tin g m aterials.
In su la to r s.
D isposal Dump
O il smoke, fumes, and m ist. (Heavy aromatic vastes)
'laborers
Bubble Tover3
throughout r e fin e r y
Hydrocarbons from Laborers
gas o il to heavy ta r . Skin contact.
Tube Cleaning, general
Coke dust
Laborers
V ertical Soaking Drums a t Thermal Cracking Units
Skin contact with tar and coke from thermal cracking.
Laborers
Condenser Boxes a t Thermal Cracking Units
Skin contact with tar.
Laborers
Paint Shop
Inhalation of ben
zo l in use of
paint remover.
Frequency i s
.
unknown. '
P a in ter s
General
Benzol occurring in other paint products.
P a in ter s
Asphalt Processing5 M ists and vapors Asphalt workers
Increased lead in urine and blood as evidence of ex posure.
Irritation of eyes and nose, nervousand. digestive d is orders .
Cancer (?)
Skin e ffe cts. Cancer (?)
Respiratory disorders Skin e ffe cts. Cancer (?)
Skin e ffe c ts. Cancer (?)
Upset urine sulfate ratio in simple exposure cases.
Upset urine sulfa ratio in simple exposure cases. Cancer (?)
02
x i.
Table 17 EXPOSURES OP LOW HJTEHSIT TO MAIEHALS OF A LOW ORDER QP TCCOECIT
Operation, or Location
Substances or Conditions
1 Employee Group Affected
P a ra cril Plant Butadiene Taper
Butadiene Extrac {q u o - and d i-o le fin s tio n Unit
Isoprene Extrac Butylenes ' tio n Unit
D io lefin Extrac Acetone tio n Unit
Butyl Rubber P la n ts
Zinc su lfa te , stearic acid, and zinc stearate.
Alcohol Plants
!Hydrocarbon feed stocks and lowmolecular weight products and by-products.
Light O il ' Treating Plant
Petro Green D Dye.
Tetra Ethyl Lead Petroleum dyes Blending Plant
Propane dc-vnxtng, Propane d e-oilin g, d e -a sp h a ltin g .
Wax F ilte r Plant Bauxite
Lube F ilte r B u ild in g
Dust of Attspulgus clay.
Specialty S tills (1929 Plant)
Petroleum vapors
G enerally, throughout r e fin e r y .
G enerally, throughout r e fin e r y .
Welding fumes
Fumes from burning coke d ep o sits. Good v en tila tio n is provided.
Process and mechanical. Process and I mechanical.
I Process workers in reactor group.
1 Process and I mechanical.
Treating Plant porters. 1Blending Plant 1 workers.
I Welders and burners
I Welders
103
Ttt'BTZ 17 (Continued)
Operation or Location
C atalytic Cracking Unit
Substances car Conditions Asbestos
M. & I . Shops
Varsol vapor
' s
UOP Poly Plant Hi S il Dust
Railroad Car Unloading
Brick Dust
B r ic k la y in g s ite s
Brick Dust
2.
Employee Group Affected
Placed in th is table with reference to exposures at turnaround for welders, masons, laborers.
Laborers Laborers ,,
Masons
104
Table V RECOMMENDATIONS FOR MECHAHICAL IMPROVEMENT OF CONDITIONS
Operation or Location
Substances or Conditions
Ilemarks
Type of Mechanical Remedy Applicable
P aracril Plant A crylon itrile vapor
Improved hood over coagulation p ot.
Butyl Rubber
PEN
Plant
'Inhalation of dust Dust respirator on <uring preparation exposed worker. of solution.
Butyl Rubber F in ish in g B u ild in g
C atalyst Plant
Talc dust.
At packaging of finished product.
Improved hoods to capture dust at sc a le s .
Dust o f chromic M ultiple dust oxide "rid a variety sources throughout of other m aterials. the building.
An extensive ex haust v en tilation ,
system for the plant.
Tetra Ethyl Lead Gasoline dyes. Blending P lant.
Dusty for short periods during ;reparation of so lu tio n .
Use of respirator by the one person who shovels dry dye.
Grease Manufac turing Plant
Mist of grease in gredients and products.
Improved hoods
over heating, saponification, and ml-ring k e ttle s
Lube O il Blending
PX Wn
D isagreeab le odors and m ist at solution prepara
tio n .
M achinists' -purt? sLiquid m aterial Disassembly and^ sp ille d from pumps, Reassembly Shop e t c ., some o f which
may be carcinogenic
M. & I . Shops
S p illed mercury
Exposure not hazardous at present. Chance
for future accumulation.
Main E lectric Shop
'Vargpl and Xylol vapors
Exhaust hood.
Installation of floor drain benesrfc] disassembly loca tio n . Improved flo o r surfaces to f a c ili tata cleaning.
Exhaust hood for spraying.
105
a.
5- Supervision of reactor performance requires periodic v is its several times per sh ift on the part of the process men to the pun? and reactor areas. The pum areas have ro o fs, but no sid e v a ils . The reactors were formerly en closed in a b u ilding. These buildin gs have had a section of the side v a ils r e moved for increased v en tila tio n . At the time vhen we were searching for areas o f possible high methyl chloride concentrations, there was great air movement througi these reactor buildings, which precluded the p o ssib ility of accumulation of high concentrations.
6. Finishing building. '
(a)
Attendants at Oliver f ilt e r s and vibrating screen
the location where one would expect most intim ate association of men with the
vapor of methyl chloride. Vapor concentrations are controlled by proper vacuum
on strippers preceding th is step in the process, and by exhaust v en tilation over
each f ilt e r and screen. Two men per s h ift spend part of their- time at a distance
o f about 30 fee t from the lin e o f f ilt e r s and screens. Occasionally each day,
men mount the platform at each o f the u n its. Routine spot checks by the chemi
ca l products laboratory and our own analysis o f the sarmies collected over one
and one-half hour periods showed le s s than 10 p.p.m. in the immediate area of
screens and f i lt e r s .
We are s a tis fie d that the effo rts which were made to control methyl chloride vapors, a fter the poisoning cases o f 19^3-kk, are e ffe ctiv e ly operating today.
(b) Tunnel dryers. These are exhausted and vapors discharged outside the building. In our experience, men are seldom close to the dryers.
(c) Extruders and m illing machines. There is fu ll-tim e attendance oy several men at these machines. V isib le atmospheric contamination probably con sists of water vapor,, o i l m ist, FB1I fumes, and possibly kerosene and xylyl
10G
9-
A deposit of scum vas observed on the overhead roof structures in th is
v ic in ity , representing the accumulation since the plant vas put in operation. Examination o f the scum by the chemical products laboratory shoved i t to co n sist e sse n tia lly o f phenyl beta-naphthylamine. To -obtain an estimate of the amount that might be put into the a ir by sublimation from the extruders in the course o f a day, ve learned that 180 pounds per day are used. Of th is amount, the major portion leaves the product in vater drainage to the sever from vater-rubber slu n y and by separation of fin e p a r ticles for subsequent burning. The lo ss by su b li mation is considered by the process heads to be minor, probably le ss than 1 per cent o f the amount added, or 1.8 pounds per day--equivalent to 500-700- m illi grams per minute. Considering the vastness o f the room, the exhaust v en tila tio n at some points of escape, end the convection currents from the hot machinery and m aterials that vould tend to remove sublimed m aterial from the breathing zone of vorkers, i t is d iffic u lt to b eliev e that vapor exposures are sign ifican t. Yet the demonstrated carcinogenicity of several aromatic amines closely related in
structure and physical properties to phenyl-beta-naphthylamine, sp ecifica lly 3-naphthylamine, and the p o s s ib ility that some o f these may occur as im purities in the commercial product, make i t advisable that th is situation be carefully evaluated. In medical examination of vorkers from th is section , particular a t ten tio n should be directed to detection of cancerous or pre-cancerous m anifesta tion s of bladder abnorm alities, u n til i t is fin a lly clear that no such hazard
ex ists. (d)
Talc dusting and rubber packaging. About fiv e
time on the packaging lin e . There i s a dust exposure on the part of the men vho
remove slabs o f rubber from the conveyer to the paper cartons. Concentrations
vere found to be in the range o f 9 to 16 m illion p a rticles per cubic foot. Hood;
provided for th is job are in e ffe c tiv e because of th eir siz e and contour; for ex
ample, each ran must veigh each package as i t ms filled . Tie s-a ls _s --- ^
10.
enclosed in the hood. He mist frequently add a piece of rubber to the package on the sca le. Talc dust is d isp elled into the air by th is operation and is not captured in the exhaust lin e , She resu lts o f dust counts fro* s a b le s collected at the breathing le v e l of each o f the packagers are tabulated in the Table.
xanxe x _DUST COirCHITRAIIOH-TAI: DOST HI BOTH, BOTHER FHHSHH3G BOHDHJG
Sample Designation
Elapsed
Time
Sampling Location
8 min. At breath ing zone o f 3rd packer in
16
l^ac 3, packing a t normal r a te .
6k
5 min. At breathing zone o f 2nd packer in
lin e o f 3, packing at normal ra te.
12
65
6 min. At breathing zone o f 1 st packer in
8.6
lin e of 3, packing a t normal ra te.
66
^ min. At breathing zone o f man ring-tng
slabs o f rubber for re-run through
8.5
extruder, dusting by means of broom
dipped in dust. There are k men working
together, dusting and sawing 1 0f
rubber. This is about 60 fe e t from the ta lc dusting machine.
67
5 min.
described in 66.
2.6
I t is probable that concentrations o f ta lc dust which were found in th is lo c a lity con stitu te only a nuisance. I t is true that there have been re ports of pneumoconiosis from inhalation of dust in ta lc mining and m illing, but -oncentrations responsible for these occurrences were in a much higher range than those we xound. Some sta te codes require that concentrations of ta lc dusr be ken'e cv 15 _.p.c.f. Elimination of the nuisance by proveme'nt in vem*'*-- - -
108
11.
(e) U tility men. Several men work at such jobs as preparing stock for re-run. They are frequently in the immediate v ic in ity of the tq l* dusting and nrilHwg machines.
(f) M iscellaneous groups of supervisors, physical and ch^m-tcal testin g men, e t c ., work a t various planes around the vest end of the fin ish in g building. Their exposures to dust, m ist, and vapors would be infrequent and of short duration because most o f th eir time is spent in areas remote from the processes.
'
ALCOHOL PLANTS
Complete protection of the health of workers in the production o f ethyl and propyl alcohol requires that three separate and d istin ct problems be recog nized, evaluated, and controlled.
Accident ffnrard. The f ir s t of these is an obvious accident hazard
connected with the use and ViwndUng of large quantities of sulfuric acid. This
problem is w ell understood at the p lan t. E ffective controls are practiced. They
consist o f provision o f protective clothing, sa fety showers, and certain mechani
cal features of process units.
Blending Agents. The second problem is connected with the use of cer
tain to x ic m aterials as blpnd-tng agents ^d dnaturants. Acetaldehyde is the
principal dnaturant for eth yl alcohol produced at th is plant.
I t is ir r ita tin g to the mucous membranes when Inhaled as a vapor and,
for th is reason, w ill not be tolerated by men for periods long enough to give
any evidence o f system ic damage.
.
Denaturing with acetaldehyde takes place in a building under govern-
--ent supervision. We did not see the denaturing process during the course, of our
i*UVws^ *
t
12.
for use in the building, -which has only natural v en tila tio n . We b elieve that
use o f respirators is su ffic ie n t precaution against inhalation of acetaldehyde
vapor. Methyl alcohol is used occasionally as the denaturant for ethyl alco
hol and is used quite frequently as a blending agent with iso-propyl alcohol in
manufacture o f an tifreeze. Continued exposure to vapors of methyl alcohol may lead to chronic
poisoning which is characterized by ir r ita tio n of the mucous membranes, possibly leading to bronchitis pulmonary affections which may be associated with
headache, tin n itu s, tremors, lo c a l and m ultiple nem ritides, and more or lesB
severe v isu a l disturbances (Flury and Zeraik, 1931) The to x ic ity of methyl alcohol is w ell-respected in -this plant. We
saw the precautions which are provided at the blending s it e and at the loading racks. Most o f the work connected with blending and loading of methyl alcohol
takes place out-of-doors. The p o s sib ility of prolonged inhalation of s ig n ifi
cant concentrations of methyl alcoh ol is remote. The hydrocarbon feed stock for both alcohol plants and the principal
products o f these plants are t-mricnlngican v in the cla ss of narcotics. Inhala
tio n o f concentrations necessary fo r narcotic action does not occur. There i s
no evidence o f systemic poisoning from ethylene and propylene or from the alco
hols and ethers which are derived from them. Carcinogenic Problem. The third problem at these plants is one which
Viag risen in the Bayway alcohol plan t and in the plant o f one other company manufacturing iso-propyl alcohol from propylene. S ta tis tic a l studies have re vealed an abnormally high incidence o f cancer among men who have worked in th ese plants for more than ten years. Cancers of larynx, pharynx, .and nasal sinuses have occurred. The locations o f these lesion s suggest that there mighi. be some
"
.... - - ^ o
way in th is con^any and in one other conpany to determine, i f p ossib le, what
substances in the occupational environment may be the carcinogenic agents re
sponsible for these le sio n s. Without going in to d eta ils o f these research pro
grams, i t w ill sufTice to mention th at the p o s sib ility of air-borne nickel car
bonyl having i t s origin in some o f the nickel a llo y s in the process equipment in being in vestigated . Another path o f the in vestigation leads to an attempt to
id en tify certain p o ly -cy clic hydrocarbons which are known as carcinogenic agents in the by-products o f the action o f su lfu ric acid on propylene. She current
problem at the Baton Eouge alcohol plant is to determine, i f p o ssib le, yhether
the same conditions which give r is e to atmospheric contaminants in the working
environment at the Bayway alcohol plant e x ist at Baton Eouge. Several notable
differences are rea d ily apparent. For example, t ie propylene stream coming to
the Baton Eouge a lc ohol plant is much purer than the stream processed at Bayway,
at present and in the p a st. Secondly, a lower concentration o f su lfuric acid is used at Baton Eouge. This resu lts in a lesser amount of high molecular weight side products. Thirdly, the physical arrangements o f the plant at Baton Eouge,
which is a new modern plant incorporating a ll improvements in design up to seven
years ago, are com pletely d ifferen t from Baywsy's plant. The matter o f the en
closure of process equipment is the most strik in g difference. Whereas at Baton
Rouge we find a minimum o f enclosure, Bayway has a ll processing equipment follow
ing the hydrolysis step indoors. At Bayway, the control rooms and stations for
performing te sts on product and reactants are in much closer proximity to str ip
ping s t i l l s than a t Baton Eouge. Maintenance a t Baton Eouge i s more successful
in keeping the process m aterials in closed systems because o f the newness and
improved quality o f the equipment.
-
These remarks serve only to illu s tr a te the kind of differences that
aighu be sig n ifica n t in the fin a l determination of whether-`two olants have a I "
111
14.
I f , indeed, the cancer problem a t Bayway has an occupational origin, the condi
tion s which permitted i t s occurrence may hare existed in the earlier years o f
alcohol operations at Bayway, and changes in equipment and process m aterial over
the years may have elim inated the causative fa cto rs. Occupational cancer mare frequently than not requires a long period o f time to reach the stage where i t i s
recognized c lin ic a lly . Even i f there are conditions at Baton Rouge favorable to
the development o f cancer, i t cannot be e je c te d to be recognized c lin ic a lly a t
th is tim e. Investigation now fo r p ossib le causative factors is aimed at the pre
vention of illn e s s in future y ea rs. Success, even i f completely attained, w ill not be known.
On the b asis of our observations at both Bayway and Raton Rouge, we
can suggest that certain steps be taken:
F ir st, that in v estig a tio n o f alloys in use at the plant, their products of corrosion, and the p o s s ib ility o f air-borne nickel carbonyl be carried on s i multaneously at Baton Rouge.
Second, we recommend th at clo se atten tion be paid to the manner of
drawing samples a t the various sampling location s at the alcohol plants. Because
of the frequency of drawing samples and the obvious splashing that occurs, we con
sid er the sampling act to be one o f the most important sources of contact between
operating personnel and the m aterials that are being processed. High tempera tures and obvious splashing suggest the existence of m ist and vapors at the sampling location s.
Third, frequent p h y sica l examinations o f a ll the employees at the a lc o
hol plants and se le c tiv e placement o f men are e sse n tia l. What is apparently a
lo ca lized s it e o f attack suggests that persons with upper respiratory a ffectio n s
and chronic sin u sitis are unacceptable for work a t the alcohol plants.
The fourth suggestion is that the medical departmeu": establish clo se
'
112
15-
cancer problem would have been greatly fa c ilita te d had the medical deoartment, upon becoming cognizant o f the problem, had recourse to a log of process and equipment changes over the course o f the years. At Baton Rouge, i t is s t i l l early enough to estab lish a system whereby a ll important changes which might have a bearing on future health problems can be made available for Joint study by the medical department nfl the process heads.
.
(
CATALYST PLAHT
This plant is engaged in the batchvise production of a variety of so lid , granulated, powdered, and p e lle t products for ca ta ly sis o f reactions carried out in sev era l r e fin e r ie s. Tb" type o f product depends upon current demand. Produc tion o f a sp e c ific ca ta ly st may la s t for several days, several weeks, or several months. About a dozen are employed in the plant.
A l i s t of chemicals and other raw m aterials used at the ca ta ly st plant during the la s t fiv e years appears as Table 2, below. A b rief discussion of the to x ic ity o f several of these compounds follow s.
T oxicity of Some h>nrHcal g Used in the Catalyst P lant. . Molybdenum TrioxLde, powder: Ingestion, in jectio n , and inhalation
experiments have indicated th at acute to x icity of molybdenum compounds, including molybdic oxide, is appreciable, but fa ir ly low. I ts toxicology in in d u strial use bas not been su ffic ie n tly w e ll studied to warrant an assumption that i t is non hazardous. Uncontrolled dustiness o f th is compound should not be permitted. r
Tungstic Acid: Ingestion and in jectio n experiments with turfmais have led to the conclusion th at th is metal is more toxic than molybdenum. Toxi co lo g ica l data from in d u stria l dust exposures to tungsten compounds is lacking. Uncontrolled dust exposures should be avoided on the basis of uncertainty of
113
16.
Table 2 CHEMICALS AED OTHER RAW MATERIALS D5ED AT
CAIA12ST PLAHT DURING LAST FITE t r a p s
Nickel S alta: Animal experiments hare shown definite toxLcity of
nickel s a lts . They cause in h ib itio n o f growth o f young animals, changes in the
pancreas, e ffe cts on the respiratory id cardiac nerve centers,
\
liv e r *nd
kidney damage. On the basis o f
le th a l doses in in jection experiments,
nickel i s about 50 per cent more to x ic than co b a lt.
Cobalt sulnhate: Cobalt sa lts are reccm ized as skin ir r ita n ts. ,\
Toxic m anifestations follow ing in g estio n Include abnormalities in the blood-
'
forming organs. E ffects of prolonged exposure to cobalt dusts free from other
toxic metals have not been su ffic ie n tly w ell studied to be understood. No ner-
114
17-
SpaHc Add: O e r m tltll, chrome u lcers, sod perforation of the nasal septom hare long been recognised as being Incident to exposures to valent chromium conpounds. decently, a high incidence o f lung cancer use d ie- covered among TOkers in a plant manufacturing these eocgranads. Exposures for prolonged periods to lo u concentrations o f dust and short-tim e exposures to high concentrations are to be scrupulously avoided. The maximum alloveb le concentra tion on the b asis o f injury to the nasal tissu e s has been established at 0.1 mi l l i gram per cable meter of air.
There la- good evidence la the recent occurrence o f nosebleed among
several engiloyees th at the ca ta ly st plant la In need of e ffe c tiv e dost control
equipment. At the time o f the nosebleeds, the plant vaa engaged, in the prodne-
tion o f a converter ca ta ly st from chromic acid flakes and Iron oxide powder. The
principal dust sources are the dry grinding and mixing v e sse l on the third flo o r,
the b a ll m ill in which Imperfect pe lle t s are ground for re-extrusion, and the
Iar^ ..^ a t i o n a _ o f _ d g ig ^ and screening the p e lle ts , in the case of the
chromic acid, the ir r ita n t e ffe c ts became apparent in a matter of a few weeks
after the production o f th is ca ta ly st was begun.
'
m e e t s o f inhalation o f dust of other chemicals over a period of a few veeks or a few months may not always be so apparent as in the case of the chromic acid. More subtle e ffe c ts could go undetected u n til serious illn e s s and dis ab ility resulted.
A dditional evidence o f the need for a permanent exhaust ven tilation system for dnst con trol i s the amount o f se ttle d dust on overhead structures throughout the b u ild in g. The present use o f propeller fans in w all in sta lla tio n s is in e ffe c tiv e . The use o f respirators i s Impractical because of the discomfort associated with continued wearing through the often prolonged cycle of a dustproducing operation.
115
18. Skin Contact. Ir rita tio n o f the sk in o f workers by ehwmwgg used ^ th is plant has occurred In the p a st. E ffective dust control w ill greatly reduce the amount o f skin contact with these m aterials. At the present time, skin con ta ct occurs even in the locker room used by th ese workers because o f the inva sion o f dnst into a l l quarters o f the building. Die use of protective gloves and Jackets i s e ffe c tiv e in preventing skin contact while actually transporting m aterials.
t
116
19.
PETROLEUM PRODUCTS DIVISION HEFT.NTWj AHD OU MOVEMENT
D lstl L lation.
This department operates pipe s t i l l s and two sh ell s t i l l b atteries;
96 men are employed in erode d is tilla tio n and some 68 on re-ron. There is no in
d ication o f any p oten tial h ealth hazard in the routine operation of refinery pipe
s t ills .
'> .
-
Attention was drawn to the p o ssib ility of petroleum vapor or~hydrogen
su lfid e exposure on the part o f the operators o f S t i l l B atteries Ho. 16 and Ho.
17. Erree or four men per s h if t operate each o f these b a tteries. At these loca
tio n s, product streams flow through the s t i l l house which i s the principal statioa.
of the operating personnel. Look boxes are provided for
stream. There is
a p o s s ib ility o f leakage o f vapors from the look boxes or their' lin e s . On two
occasions, we were unable to d etect the presence o f petroleum vapor with a sen si
tiv e combustible gas in d icator. D etails of these te s ts are given in the follow
ing Table.
`
Date k/6/k9
h/S/Ks
Table 3
PETROLEUM VAPCE MEASUREMENTS IH HO. 16 AHD HO. 1J BATTERY STILL HOUSES
Location and Ooeratioiis
Ho. 17 Battery S t i l l Blouse. Ho. 1 system ehnr^ng a fter turnaround; Ho. 2 system running crude; Ho. 3 system running mixed gas o i l. Several measurements made.
Concentration (p .u .m. )
Less than 10
Ho. 16 Battery S t i l l House. Ho. 1 svatem rtimvt-ng mixed gas o il from separators. Ho. 2 and Ho. k systems handling low octane d is tilla te feed; Ho. 3 system running heating o i l . Tests made at 6 locations among the look boxes.
0-10
117
20.
Plans are underway and work has already started on providing an en
closure for operating personnel separate from the location o f the look boxes.
Side w alls w ill he removed from th e pres ent enclosures, t m * is in keeping w ith
the general tendency to open up buildings where there are sources of
from
process equipment. Other example s are various pump rooms th at have been opened
up and some gas ccxroressor houses from which the side w alls have been removed.
In the case o f Ho. 16 and Ho. 17 B attery S t i l l Houses, execution of these pi"
should r e su lt in complete elim ination o f any p oten tial h ealth or safety hazards
from vapor or hydrogen su lfid e.
No. 2 D . & S. and Hydrogen Sulfide Recovery U nit.
These two un its are under the d irection of the same operators. Hydro
gen su lfid e comes to the recovery u n it item various sources. Prom th is u n it,
tri-potassium phosphate solution i s pumped to Ho. 3 D . 4 S ., operated by the
Light finds Department, for use there in scrubbing gas.
33ie hydrogen sul f ide--1Aden so lu tio n i s sent back to the recovery plant
for regeneration. There is no pump handling the spent so lu tio n , therefore, leak
age at pumps does not put hydrogen su lfid e in to the a ir . this scrubbing unit is exceptionally tig h t. Ho odor o f hydrogen su lfid e was detected .
At the base o f the fla r e sta ck , there is a water se a l drum to prevent
flash back. Under the operating conditions that we saw, there is some sp illa g e
and leakage from th is w ater-seal drum, perm itting an appreciable escape of
hydrogen su lfid e a t ground le v e l. This was formerly in an iso la ted area, but now
the new Lig h t Ends Plant stands in c lo se proximity to the source of leakage. A
high lo c a l concentration of hydrogen su lfid e seems p ossib le under weather condi tions producing l i t t l e a ir movement. We consider th is the most important poten
tia l s it e in .th e refin ery for acute accid en tal or chronic ea^posure to hydrogen
^^2- l & e TLS .
^
*<--> x*j -- t -- ---- --
J -- -i* *
--
' *
118
21.
persons entering the immediate v ic in ity o f the fla r e stack base to perform
mechanical to* . SUb-arote e ffe c t* , each as ccn jn a ctlr ttls or nnper respiraterj. ir r ita tio n might be snffered by process people constantly In the nearby lig&t Ends Plant.
O il MpvewTrt;
'
O il Movement has control o f puups, gauges, pipe lin e s , storage tanks, barge loading, car loading, lead tetra -eth y l blending, nse o f Inhibitors, and dyes.
S-
g g r a -e th y l lead blending. This operation is performed under safe practice ru les, prescribed by the suppliers o f tetra -eth y l lead . Medical control by the refinery Medical Department i s r ig id . P rotective equipment and clothing, as v e il as f a c ilit ie s fo r personal san itation , are provided the employees. Two men are employed per s h ift . Aside from the normal routine o f b:irvHT,e tetra -eth y l into gasolin e, there are periodic c a lls for cleaning of tanks, pumps, and pipe lin e s . Eiese jobs are done under the supervision o f the suppliers' safety people. Equipment is rou tin ely flushed with lea d -free gasoline before i t is turned over to the mechanical department. We knew o f no additional precau tions or changes in procedure th at are necessary in the handling of tetra-eth yl lead.
Addition o f Pro to F inished g a solin e. Two men work on each s h ift. A <*ye solu tion is prepared from the dry dye about three times in 2k hours. The dye is removed from the drum in which i t is received by means o f a scoop. I t is weighed and scooped in to the soln tion drum. I t i s a dusty Job, as shown by the ' ^ O s it o f dye on a l l structures in the- room. Infrequency and short duration o f
dust-producing Job suggests the use o f dost respirators fo r the prevention or dust inhalation. Prevention o f inhalation i s desirable, sin ce the enact effect * such inhalation, where a variety of dye m aterials are used, are difficult to
119
22.
Addition af Tnh-rbi-fcor to
G asoline. The Inhibitors that are
currently in use are TJQP-5 ari^ DuPont-5 Inhibitor i s drawn by vacuum from the
drum in 'which, i t is received in to
and metering drums and from there is
bled in to the streams. Tht procedure offers only the remotest chance for a
to came in d irect contact `with the inh ib itor.
Light O il Treating. fPMg fnriuflga acid and wivwn treating, calcium
hypochl orit e trea tin g , and doctor sweetening. Of these processes, only the
doctor sweetening involves the use o f m aterials or processes that are o f in te re st
from the standpoint of employee--h ealth .
Litharge TTwndUnq. Fresh litharge i s added to regenerated doctor solu
tion by dumping d irectly from drums into the open regenerator tanks. The siz e o f
the tank and the location o f the platform and crane prevent free movement to the
windward sid e while dumping. Hespiratars are worn by men doing the dumping for .
the prevention o f inhalation o f fin e lead dust. A ll lith arge dumping i s done by '
two porters on "A" s h ift, w ith a frequency somewhat le s s than once a day. These
men are on the Medical Department's schedule fo r tw ice-yearly examination.
Doctor solu tion regenerator tanks are in a crowded area in th is r efin
ery, d ifferin g in th is resp ect f rom the situ a tio n at Aruba. With the thought that
emp loyees In the treatin g p la n t, other than those who actu ally dump lith arge may
be exposed to to x ic amounts o f lead as dust or as a m ist from tanks being aerated
for doctor regeneration, we sought to learn the concentration of lead in the m ist
escaping a t the top o f the tank. The opportunity to make such measurements pre
sented i t s e l f a t Sarnia, t'h* r e su lts showed that two samples of a ir , co llected in
the h eaviest concentration o f m ist a t the tank top on the downwind sid e during
aeration follow ing lith a rg e ad d ition , contained 0.17 and 0.27 milligrams of lead
per cubic meter, resp ectiv ely . I f we consider lead in a range of 0.1 to 0:5
:2iUigrams per cubic meter to be present at the tank top, we may sa fely assume
that,w ith d ilu tio n occurring before i t reaches ground le v e l, and with variation
120
23.
in -wind d irection , that no axe constantly exposed, to concentrations of lead
lik e ly to produce sympUmat o f lead poisoning. Th<* v a lid ity of th is assumption night he tested hy performing urinary
lead dfftprminn-fr.inng far the throve o f exposed persons. Such measurements w ill
serve to in d ica te, far better than atmospheric sampling and analysis at th is
outdoor lo ca tio n , vhether i --d absorption is occurring in these individuals.
Addition o f Dye to Tractor Fuel. The treating o f tractor fu e l includes
the addition o f a dye known as Petro Green D Dye, which i s a product of Patent
Chemicals fompwnyj^pqiri-.aiT.enrn Hev Jersey. The same two porters who handle
lith arge nd doctor sweetening occasionally make up two-pound packages from the
hulk dye in drums. A
of dye deposit on the flo o r and structural members of
the room in which th is packaging i s performed ind icates a low order of dustiness
in the perfo rmance of the Job.
121
2k.
T.TTHPTPfl'mr; AHD PABflFFHB DEPiHJMEHT
W ax P1,1resseIIMs".
*'/'
. *.
* *.
The fa ct that there i s a s ta tis tic a lly sign ifican t high incidence of
cancer among wax press cleaners was demonstrated In another refin ery . Cases of
scrotal cancer have been discovered pTnrmg the press cleaners at Baton Bonge. In
vestigation s are now underway by the company to id en tify a sp ecific carcinogenic
agent or agents in the m aterial "which enters the presses. Immediate steps vere
tafrpri to prevent any further contact with the m aterial that may be responsible
for the pathologic changes in th e men. The f ir s t step was I d e a l l y to prevent the obvious contact between the
gin n o f the pressmen and machinery or implements on which there was a deposit o f
parafTine d is tilla te , paraffine wax, or foots o il. One particular zone of con
ta ct to which atten tion was directed is the anterior surface of the thl ghs and
the pubic region, vh-t was based on the observations that pressmen sometimes
lean forward against a w aist-high, horizontal bar that runs the length of each
press on both sid es , and that same o f the cancers occurred on the scrotum.
To prevent such contact, a ll press c leaners are now provided with clean
work clothes nd aprona far
s h ift and are required to take a shower d aily
before leaving the p lan t. These precautions are effectiv e in preventing th is
particular type of contact. A shower room for press men is conveniently located
and maintained in a sanitary condition. Other skin contacts w ith wax and pressed o il most have taken place in
past years, in the cella r s where press cl eaners go da ily to clean the flo o rs,
remove sawdust, e tc . preparatory to idle entry of p ip efitters and m achinists. In sp ite of the precautions taken to date, there remains fu ll-tim e op
portunity for absorption of m aterials through the skin.of the press cleaners
'
122
25.
bands. Such absorption cannot be ruled out as a mode o f entry of the suspected carcinogen. I ts prevention has not been effected because o f an In ab ility to fin d a satisfactory glove m aterial that w ill exclude the contaminant from the
and, at the same tim e, permit e ffic ie n t manipulation of the fla t s te e l v ith -ph-tr-h van i s ream ed from the p resses. Frequent washing and wiping with c l ean cotton waste are t emporary, but not wholly satisfactory, precautions.
Another mode o f entry o f carcinogenic m aterial into the body of man is
by absorption through the lungs follow ing inhalation. Following inhalation of
chronic acid, cancers were formed in the lung i t s e l f . Inhalation of beta-
resu lts in the formation of bladder tumors. Skin cancels have
occurred in workers with arsen ic, where at le a s t a part of the exposure has been
to
o f arsenic compounds as dust. With th is thought In mind, an e ffo r t
was made to learn whether o i l m ist might be present in the air in wax press rooms
in su ffic ie n tly fin e p a rticle s iz e to permit of passage to the deeper portions o f
the lung. Samples o f the a ir were collected by means o f the midget impinger w ith
water as the co llectin g medium. Microscopic examination of the water suspension
d e fin ite ly showed the presence o f o i l droplets o f le s s than 5
diamfiter`
Table U, which fo llo w s, shows the locations where samples were collected
and a rough approximation o f q u an tities present,on the basis of counts that were
made in a ^
analogous t o th at used in making dust counts. As shown in the
Table, m ist was discernible in rooms with both doors closed and filtr a tio n in
progress, and also in rooms w ith doors open and actual press cleaning taking
p la ce. A demonstration o f th e presence o f o i l droplets in the air In rax P fes-
roons i s sig n ifica n t o f the f s e t that inhalation o f a p o ten tially carcinogenic
m aterial oectrs. B n importance o f th is occnrxence in relation to the present
eases of. illn e s s and to the pretention of future cases i s a natter that can he
A v a l n a T o / i r m l -\r Viv a
imreistisation into the reasons for mist f o r m a t i o n ^ "
2b.
Pable fr
-
fliP iV F T T J pHPKS flu i i ,Di ffti
OIL ERQFIET com ns -- PABETJJ*
___________
124
27.
nature o f the m aterial in droplet form, it s carcinogenic a c tiv ity under experi mental conditions, and methods o f "rtrwHTig exposures to inhalation of the mist.
Same observations vere tp** a t the vax presses in the Bayonne Refinery for the purpose o f canparing conditions there v ith those a t Baton Rouge. I t was noted th at maintenance e ffo r ts a t Baton Rouge are more su ccessfu l in preventing leakage o f m aterial frrnn the p resses. Gross leakage, in the form of voluminous sprays against the press room v a ils and ceilin g vere seen a t Bayonne, hut not at Baton Rouge. The nature o f the wax-containing stock and the percentage recovery of vax that is desired have, o f course, been the factors that govern the extent of the trotTrtrprmnro e ffo r t wT|^ may account in vhole for th is observed difference in performance. "gun^'H-ng o f s* Joaquin d is tilla te , responsible at Bayonne for most o f the press room, contamination, has not been undertaken at Baton Rouge.
Another notable difference in the operations a t the two plants is the fa ct th at Baton Rouge has but one press per room, v h ile Bayonne, has some m ultiple i ng-hn.11n^Tinno . tm g may mMtn th at Bayonne press cleaners experience a contact with m aterial as a m ist, spray , or leak from presses adjoining the one on "which they are working -which is tnrTHng in the Baton Rouge operation.
These d ifferen ces, both o f which -would seem to indicate le ss intimate contact of men v ith m aterial a t Baton Rouge, may or may not be sign ifican t when applied to forecasting <*n<>>>* incidence. They may assume some meanlng when the id e n tity o f the carcinogenic m aterial and it s mode of entry are better understood.
P late Shoo.
Across the road from the vax press rooms i3 a shop consisting of one
room in which p la tes
f ilt e r s are cl eaned by means of steam, and two other
rooms which repairs are
to the canvas f i lt e r s . About 8 men work in th is
shop on day s h ift . F ilte r s are brought by the press cleaners to the cleaning
room. They sire placed on a rack, the room is closed, and liv e steam is turned
125
28.
onto the f ilt e r s on the racks and l e f t an overnight. As each f ilt e r is put on the rack for cleaning, the others which have been exposed to steam axe pushed down toward the far end. In th is manner o f rotation , by the time a f ilt e r reaches the end of the rack i t has been cleaned and Is ready fo r repair. 3he time actu a lly spent in the cleaning room i s only the time required to remove a onT1 f i lt e r from a rack and the time required to turn on or shut o ff the steam lin e . Exposure o f men to the vapor and m ist arisin g from the steam cleaning is , there fo re, infrequent. The actual work o f repairing f ilt e r s occasions no contact with contaminating wax or o i l .
R efrigeration U nit.
_ i_, . _
%
At th is u n it, actual contact with the m aterials being bandied is lim ited to the machinists and pipe f it t e r s . Ho hazardous exposures on the part of the process operators can be foreseen.
Crude Scale Wax Sweaters.
'
V-
v_-'* . -
l
'
Peed for the crude scale wax sweaters con sists o f wax and o il after pressing has removed some o il, flash-topping a t Ho. 1 vacuum pipe s t i l l has re moved s t i l l more o i l , and acid treating and cau stic neutralization has improved i t . Men are not exposed to the Ttrfrhn,e in the sweating room daring actual opera tio n . Maintenance men do come in contact w ith the m aterial when effecting rep airs. These w ill be discussed elsewhere.
Refined Wax Sweating.
This process i s sim ilar to that described above but handles wax with ouch lower o il content.
12G
127
29.
Propane De-vaaing, Propane De-o-t'Hnff, and Propane De-asuh.lt!ntr.
These three processes o f the lube and paraffine department appear to
have no health s ign ificance. There is interm ittent exposure to propane In un-
knovn concentrations. H on-volatile m aterials a t these units co n sist of lube
stocks for further treatment and the residues -which are wax, o il for cracking
feed, and asphalt for fu e l. Occasions for skin contact with these m aterials are
infrequent in normal operation. There is no evidence of danger from skin contact
' \
*
however frequent.
MEK Plant.
i *y"
*-
v . ''
.. . ; 'o''
\
v` *
-
Processing m aterials. The solvent employed in th is process con sists of
methyl ethyl ketone 50$, "benzene 30$, and toluene 20$. The solvent is stripped
from the o il and returned for reuse. The separation of precipitated warn from the
o il solu tion is accomplished in s ix large rotary f ilt e r s . Since th is is a low
temperature process, the f ilt e r s are enclosed as completely as possible and sur rounded by insulating m aterial, tha refrigerant is propane.
Personnel. This u n it is operated by fiv e men per s h ift . One of these men spends h is f u ll time in a smal l room in the f ilt e r building. The remainder
divide th eir time between the iso la ted control house and various parts of the plant.
Control o f Exposures. Die extremely to x ic character of benzene nnd i t s
v o la tility make it s complete control a prime concern in the operation o f th is
plant. Protection against accumulation of solvent vapor was b u ilt into th is
plant by design engineers. Storage tanks and pumps stand in the open a ir , leaving
the f ilt e r room as the only enclosure for benzene vapors. A phase of operating
procedure which is of great sig n ifica n ce in the control of solvent exposures, a l
though i t probably had oriztr.
- -- J- --
'
1
30.
the draining o f units prior to rep air or replacement and. t h eir flushing with
in ert gas prior to disconnecting.
.
The ven tilation system in the f ilt e r building has recently been nade
the subject o f a thorough in v estig a tio n by the Petroleum Technical Service. The
survey indicated that solvent vapor concentrations (as measured with the ISA
Benzol Vapor Indicator) in excess o f 100 parts per T rillion could not be detected
anr) th at the most commonly encountered value was 20 parts per m illion. In view
of th ese resu lts,an d our own which are sim ilar and appear in Table 5 (following) ^
we conclude that in the present mode o f operation o f t h is p lan t, lo ss of solvent
to the atmosphere in the places where men work does not r e su lt in excessively hijji
concentrations in the breathing le v e l.
Table 5
Date
k/5/b9
bh/b-9 V5A9 bhM V5A9
V 5A9 V6A9 V6A9 V6A9 b/6A9 U/6A9 k/6/b9 V tA9 b/l/k9
MEASUREMENT OF SOLVENT VAFCE IN MEK PLABT
Location
I Hesult *
Lower le v e l of f i l t e r building, 10 fe e t in sid e
the S.W. door. On steps of West ladder to upper le v e l.
Beneath F ilte r No. 1 . On steps of East ladder to upper le v e l. In f ilt e r room con trol room where the f i l t e r operator spends most o f h is time. Lower le v e l; over drain to sump. Beneath F ilte r Ho. 2 , near sump At p'wrp handling wax-solvent firom No. 2. Beneath F ilte r No. 2 . At southernmost sump.
At sumo beneath No. 5 f ilt e r . On upper le v e l. V est sid e. Inside operators shack. At 10 locations on lower lev el beneath f i l t e r s . At base of pipe discharging waste to sump, not at man's breathing le v e l.
20
0
Less than 20 Less than 20
15 - 20
30 Less than 10
20
0
0 10
0
0-20 100 - 200
....
* Total vapor, in ppm.
129
31.
Urine samples from a grot o f fiv e process men vere examined during our
survey and showed normal values for the su lfa te r a tio . The resu lts are given in
Table 6, which follow s:
.
Sample Humber
12007 i5*n 5910
113T* 12279
Table 6
W ERTrr.TC CF ttrtttc SULFAIE BATIO MSASU5MEHT PCS MEE PIAHT WCBZESS
Ratio of Inorganic Sulfate to Total Sulfates
Organic S03
I gm /liter
V
0.85 0.81
0.90
0.81 0.90
0.259 0.269* 0.110 o.loo 0.273
The high degree of to x ic ity o f benzene and the fa c t that leakage of solvent does occur, requires that continuing checks be made on the concentrations In the a ir . The PTS proposal that routine measurements with the Benzol Vapor In dicator be made i s a sound one. The frequency o f the measurements should be fix ed through correlation with the production schedule and resu lts obtained. The in strument i t s e lf is sa tisfa cto ry , provided that i t is checked about once a month against known concentrations of the solvent mixture in a te s t chambe-.
I t is desirable also to p erio d ica lly examine the urine of the 21 pro cess people at the unit and mechanical people regularly assigned to the unit to detect any variation of the ra tio o f inorganic to to ta l su lfa te from the normal range. Such a variation w ill be detectable in advance of symptu^s of po should excessive exposures occu; and w ill supplement the atmospheric te sts as a
130
32.
method, o f tions as a
ng exposures. A discussion o f Ui~Ine su lfa te ra tio determina of evaluating benzene exposures i s included in the Appendix.
Wax F ilte r in g .
In th is process o f filte r in g vax through bauxite and bauxite roasting,
a dust source i s the base o f the regenerator t ubes, where the heated bauxite
f a lls to a conveyor b e lt nfl is carried to the hopper. The only excursions in to
th is dusty erea are for the purpose o f replacing wooden pegs on the shake-out *
... 'V
` -
apparatus nd for loading fresh bauxite from sacks to hopper. The former re
quires about fiv e minutes several times per s h if t , possibly hourly. The la tte r
is done infrequently and requires r e la tiv e ly few minutes. Occasional inspection
of the operation and replacement o f b e lts accounts for other trip s into the
dusty p laces. The regenerator runs 2k hours to f i l l one charge. Two 2iv-hour re
generator periods may follow one another c lo se ly and then not again for the re
mainder of the week. About seven or eigh t men are present a t th is un it during a 2^-hour
period. They spend most of th eir time in the room an the northwest corner of
th is building, ground flo o r .
room is closed o ff from the dusty area of the
building, but same dust eaters to s e t t le on desk, ledges, instruments, etc.
Typical dust counts are:
1 . At base o f bauxite chutes during regeneration: 23 m .p .c .f.
2 . In control room, immediately a fter blowing out the chutes with compressed a ir : k m .p .c.f.
3 Tn room
tHng hopper to receive new baux ite ,
during regeneration: 1 m .p .c .f.
This dust contains no cry sta llin e fre e s ilic a , therefore, no s ilic o s is
hazard e x is ts . Dusx concentrations where the men spend the major part of therr
131
33-
Lube F ilte r P lan t.
F iltra tio n of lube stocks through fix ed beds o f Attspulgus clay and the
regeneration o f the clay by the downward passage through a k iln is a process which
Vm no i wring-trial health h rM-Momce. Clay dust occurs in some parts of the w
buildings which house the two f i lt e r plants and the clay regenerator. This dust
contains no cry sta llin e free s ilic a . There Is no rmn>rt
Our observa
tions nri^ dust counts in the plan t show a low degree, o f dustiness most of
the tin e . Concentrations are not su ffic ie n t to co n stitu te a nuisance. Results
of the dust counts are given in the Table that fo llo w s.
Table 7
Sample Humber
DUST COURTS AT LUBE FILTER PIABT
Sampling 1
Time
1Location
Dust Counts .... (m .p .c.f.)*
79 5 min.
80 10 min.
82
8 min.
83
6 min.
Sample taken a t le v e l of elevator motor in
1.0
th is area a t th is time, except two carpen ters at a lower le v e l.
On flo o r le v e l beneath regenerative furnaces, 0.0 around the base o f Ho. 2 furnace.
General a ir sample on le v e l around top of
0.1
f i l t e r s . Ho v is ib le dust sources.
rianT^i *-<--sample on le v e l around base of
0.0
lube o i l f i l t e r s . Ho v isib le dust sources.
132
3^.
Phenol Plant.
. *' .V . * y ^^ .>
<*-w* .* \j"
\ y :V `
.
At the Phenol Plant, adequate precautions fa r the prevention of elcfn
contact with phenol are in e ffe c t. They c o n sist of provision of a ll the neces
sary p rotective clothing emergency showers. The personnel at the plant are
aware o f the accident hazards. Our atten tion was drawn to the existence of phenol
vapor in certain areas of the p lan t, as evidenced hy the odor. Chronic phenol
poisoning from prolonged inhalation o f low concentratio n s o f vapor has teen de
monstrated in
experiments. I t resu lts In respiratory d ifficu lty , diges
tiv e disturbances, and central nervous system disorders. Damage to liv er and
kidney a lso occurs. Toxicological data for man from In du strial exposures are
lacking. I t is d iffic u lt to say, on the b asis o f available information, what con
centrations of phenol. In the a ir o f work places can canse chronic illn e s s .
The principal sources o f phenol vapor are leakage at prams
fresh phenol feed, de-phenolizer feed , e tc ., and a tank which co llects drainage
from a l l sources of liq u id leakage. The need for heating the leakage as i t is
co llected and drained from the u n its, in order to keep i t liq u id , causes greater
vaporization than would be expected from cold phenol. Exese sources of phenol
leakage are outdoors. Two rows o f prams which serve these plants are in open
areas adjacent to the control room. Eight men per s h ift operate the two phenol
p la n ts. They spend ynrprrri-- y equal time in areas where phenol vapor is
n oticeab le. In ~n cases, the t-frTM amounts to approximately no more than one hour
per s h if t . Most of th eir time is spent in the contr o l roams which have fresh a ir
supplies and in outdoor locations around the p lan t, remote from the sources o f
phenol vapor.
Die follow ing table shows the resu lts o f measurements of phenol vapor
in the a ir in various location s.
133
Sample Number
66-6h 71-67 73-72
1 2
35.
Location
Table. 8 phenol measurements
Date
Phenol Concentration (parts per mirHnn
in air)
South pump group No. 2 plant. At drain to sump. No. 1 plant. Control room. No. 1 p lan t. South pump area. No. 1 plant. Same as 1.
Vtyl9 k/h/k9 iv/a/h.9 !*/8A9
k
21 6 .
In a ir samples co llected a t a point "between two pumps which were v is i bly leaking hot phenol mixtures, concentrations were found to "be in the range of 6 to 11 parts per m illion . These concentrations e x ist in the area where the greatest amount of phenol would "be expected- On the b asis o f these resu lts, one can reason that in the control house, where the men are present for most of the working day, the concentration of phenol vapor w ill not exceed 1 or 2 parts per m illio n . The occurrence of detrim ental effects from continued Inhalation of th is range o f concentration would not seem possible when one considers the a b ility o f the normal human body to detoxify phenol by means o f sulfates and glycuronic acid . However, i t is advisable that close medical supervision of these men be exercised. Any nervous disorder or history o f chronic digestive or respiratory d iffic u ltie s among the phenol plant workers should be su fficien t to raise the question of occupational origin .
134
36.
Lube O il Treating.
.
The plant area containing acid a g ita to rs, sludge k e ttle s, caustic wash, and vater wash, v e sse ls is noted for the presence o f sulfur dioxide and sulfuric acid m ist. I t i s evident that the treaters* exposure i s the greatest ..of a ll per sonnel, fo r they must supervise the treating and sludge hydrolysis. They are re quired by th ese duties to mount several times a day to the top of the agitator v e s s e ls . In so doing, they cannot alvays remain to the windward sid e. Their re action i s ty p ic a l o f personnel at operations o f t h is kind. !Ihey become inured to ^ t ir r ita n t concentrations that would offend persons not constantly exposed. As a group, i f there are e ffe c ts on th eir health, these might be expected to manifest them selves as increased incidence o f tooth decay and upper respiratory affections o f an acute nature superimposed on predisposing conditions, snch as asthma, ca tarrh, e tc . Permanent system ic damage from such exposures are not known.
The other category o f exposed persons, those who work in the neighbor hood and are in term itten tly exposed to somewhat le s se r concentrations, are acre apt to be ir r ita te d by occasional high-exposure in cid en ts. These exposures are nuisances rather than healt h hazards, accept in cases o f individuals made highly su scep tib le by predisposing illn e s s affectin g the respiratory or heart functions. Such in d ivid u als are known in other r e fin e r ie s. They can su ffer respirator/ d if f ic u lt ie s nrt d istress bordering on prostration. Their transfer to plant areas uncontandLnated by acid gases is the sim plest so lu tio n to th eir d iffic u ltie s .
Lube O il Blending.
The TMrmpr of transfer of lube o il ad d itives from tank car, to storage, to blending tanks by pumps does not furnish occasions for intim ate contact of these substances with the men. An exception i s the weighing and addition PX-Ma to sm all batches o f heated o i l to make a concentrate^ solution. The high j_;;
135
37.
. . . aifl-ffreeaile. In stallation of a cantemperature causea fame evolution vhich i s agre
eUMnate the obvious cause for ccmopy exhaust hood over the mlTing tank voula
plaint in th is operation, "which is performed frequently
GreaseJfanjrffiSL*
. _
+n
Exposures on the part o f the fiv e
men per sh ift who operate
, _____ , fl+ r f . (D inhalation of mists r isin g from the grease manufacturing plant co n sist o f. I l
heating tanks, and -with,steam from saponifi
k e ttle s, and mixing k e ttle s;
j.
(2) inh alation of dost during the receip t,
>
' -
-
,
+ nd urodncts. The evaluation of
ients; (3) skin contact w ith grease ingredients an pro
., j. ^ the3e exposures must take in to considerati
f-r-t that many products are pro-
duced only occasionally and v ith great variation in an
J*r,-r
Tr^wintion o f M ists.
- __ he-tinR of the starting m aterials in Mach of the mist a risin g from heating
tMka containing purified vegetable o ils and grease manufacture is traceable to tanks
4 no indication of hazard- The saponi-
q^TnwT f a t s . For such exposures, there 13
.
, . fication reactants likew ise are regarded
i sig n ifica n t. At the mixing tanks,
_ , ,
of sene o f the ler8e e e r ie t, at ch = l= ele
there is occasion for entry in to the air
t.-pmT,--n An exception i f that of the and a d d itiv es. In many c a ses, these are harm
:
^ rfresence is known to the medical department,
susuected carcinogenic agent whose presenc
The"se exposures are so unpredicettaahbllee iinn douutration th at medical experience with
. ^ j.h. v ..4 q for th eir evaluation, the involved w ill have to be the basi
1. . fact) as m o a t e d * " tar
^
and ^vtng kettles can be effectively tlia-t nriLst escaping from saponification ana
, u /., maintained exhaust v en tila tio n systems. cantured by properly designed and Sell
*
^ t / hal n-fcicn of mist becomes negligible in the plant.
Where such systems exist, inhalation o
;
.136
38-
Inhalatlon of Dust.
Dust exposures In grease |iBynifwci.m,c are o f minor importance because the
dusty m aterial which is bandied most constantly and. in grea test amount (lime) is
non-toxic in quantities absorbed as dost and other m aterials o i higher potential
to x ic ity (lead , asbestos, mica) are handled eith er in sm all amounts with n eg li
g ib le frequency or in a
that does not cause the dispersion of great quan
t it ie s in the atmosphere. Asbestos, fo r example, a fter receip t and storage, is
s
'
added to grease hatches with, a frequency that vas estimated a t 6 to 8 times per
month. I t s TumflUng does not require v io len t tearing apart in the dry state v ith
consequent dispersion o f dost. Occasional exposure to the moderate dustiness of
normal kwndi rig i s not the type of expostne that i s known to have caused asbes-
to sis in workers o f other ind ustries. Red lead comes in "n mbb and is added infrequently to grease batches.
The act o f dimming from the can in to the nrfTing v essel i s the only dust dispers
ing operation in i t s handling. I t is d iffic u lt to conceive o f toxic amounts being
absorbed by any workman in thi3 manner.
Skin Contact.
Contact o f the ingredients rid products with the skin of the hands,
arms, end faces o f the workers in the plant occurs frequently. I ts occurrence
is due c h ie fly to deposits of these m aterials on equipment from m isting. Dele
terious e ffe c ts from such skin contact cannot be predicted merely from a Imow-
ledge o f the e ffe c ts o f the individual compounds on the 3kin o f man for, in the
case of a grease mixture, the in clu sion o f the additives and chemical s in a
matrix o f soaps and o ils
the chance of th eir unobstructed contact with the
skin questionable. Evaluation of the derm atitis hazard r e s ts , therefore, in the
_
_
.
.
_ __ _________ __ _ __ ^ ____ j ,,
______ _ _ _ _
.1 .
--o n 4 oi
137
59-
department. In 'the absence o f any evidence from t h is source, i t i s safe to assume that no problem e x ists and. th a t the company meets i t s resp on sib ility to it s workers by p r wHding them w ith adequate cleansers and washing f a c ilit ie s .
s.
I
138
Uo.
CBACEHSG DKPAH2MKHT 'rvioT-rrmT Cracking
1,000 pound C olls: Ho. 21 and No. 22 U nits
M aterials and Process. Feed stock is gas o i l from various sources,
c la r ifie d o i l from PCLA, and p itch bottoms (from pipe s t i l l s ) . Products are gas
(C -l to C-k), naphtha, cycle gas o i l , and ta r. Exposures. Exposures to inhalation o f vapor and m ist from the mater
ia ls th a t are being processed can be expected to occur in the act of sampling process m aterial, in the neighborhood o f pumps where leakage occurs, and in the neighborhood of pumps vhich give r is e to o il m ist. Such exposures are s ig n ifi cant health-w ise when the m aterial co n sists of c la r ifie d o i l or the tar produced from cracking c la r ifie d o i l . These are suspected carcinogenic agents. The con tr o l o f o i l m ist inhalation in a program for complete prevention of occupational
tumor formation is discussed in the section dealing w ith Wax Press Rooms.
C ollection of o i l m ist in an impinger and evaluation of the resu lts by
a procedure analogous to that used in dost counting gave the following resu lts:
Table 9
prvromrFTTRATTON OF njT. MTST TN VTCHTOT OF PUMPS AT TnnhMAL CRACCDTNrGopUlHetITs per
Sample Sampling
Number Time
Location
Cubic Centi meter of Air
6k 8 min. No. 21 - 1,000-pound cracking c o ils , in
1.59
doorway to control house near hot p itch feed
pU22D
65
k Min.
Adjacent to hot pitch feed pump, two fe e t
0.0
from sh aft vhich appears to be ch ief source
of o il m ist.
130
Hi.
_ <rn
emolstrate the presence of oil ndst in
These evaluations serve only to aen*
the location cited.
'
u, .ten, OpermtlmS personnel consists of - - ! --
T^n,
S-
*" * W l ^
,
.... Of tore rooms adjacent to one mother and
men spend root of their time consists of too ro
-nter through open door on vest side close to pomps. Mist from hot oil pomp =sn enter tnrougn op
-a w a roof and enclosed on two sides. Beof control room. Pun site is covered y
,
\ hve fair amount of leakage, tut are
flux pumps handling light fractions (naphtha) ha
*
A
located good distance from control house and
not enclosed. Materials for
-
.__ ,
(no transmitter-receiver type
Beaeuremant sre hronsht into the control honse I
iBetmments here). Activation of recorders is by meens of nstcrsl 8s. Ertom
^ Portero instruments in shop hired tests shoved escape of 0.01 tod 0.* to**
r
-h mated total of 15 such instruments
feet per minute respectively. Ihere is an
^
v,m 1 vanor indicator gave no de-
for the Ho. 21 and Ho. 22 units. Test, vith benrel ^
* .n-l Pull scale reading was obtained when th flection around the instrument panel. FhU-
intake was placed at the meter face. 4* outside the door of this enclosed
The location of hot oil pumps Just outside ta
iar the entrance of fairly high concentracontrol house affords the opportunity for the
+ ' * ,, Qt
composition and of unknown significance
tions of oil mist and vapor of varying
.
n iras from instrument lines inside the house is
health-vise. Escape of vapor and gas from
t of leakage
thought to he of insignificant importance because of the
M mi
that can be tolerated frem the standpoint of process control.
.
*+ takes a sample from the "hot bottoms
Si g h t s . Helper at the unit takes a ^
.
The line must be bled for several minutes be-
Une about four times per shift. The lin
the sasole cannot always stand to
fore drawing the sample. The person
-
the
_ location of the drav-off pipe over the '* vindward side because of lie locatio
sewer.
:
'
HO
42.
The three-sided shed where the gravity test is made,.,effectively en closes vapors from the hot oil "being tested, canning increased concentrations in the operator's "breathing level.
The location of the end of the draw-off line, with respect to the. open ing to the sewer line and to the position that must be taken by the man prior to and during sampling, affords too great an opportunity for splashing and volatili zation of the material that is being drawn. Less confinement at the site of gravity testing is desirable.
Since sampling and testing are the acts providing the most intimate contact of process men with the material, an effort towards improvement of these arrangements is suggested.
750-pound Coils; No. 19 and go. 20 Units.
Process. Peed stock and products are similar to those of Ho. 21 No. 22 units. (Note: When clarified oil from PCLA is used as feed, it is sup plied under sufficient pressure by pumps at PCLA.. We have inferred from this that there is no pump here handling unaltered clarified oil-- hence, no mist of this substance as received.)
Number of Men. About nine men per shift operate 17, 18, 19, and 20 cracking coils.
Location and Features of Control House. The control area is not as completely enclosed as that at No. 21 and No. 22. Instrumentation is the same. Proximity of pumps nd invasion of mist from hot oil pumps through open doorway is about equal. Besults of oil mist counts are as follows:
14 V
*3-
Table 10 CONCENTRATION OF OIL MIST IN VICINITI OF PUMPS AT THERMAL CRACKING UNIT
Sample Sampling
Number Time
Location
Droplets per Cubic Centi meter of Air
66 10 min. No. 20, 750-pound cracking coil, near hot
{sources.
67 8 min. Htoo.pu20m,p 7^5U0-npogundcocrladckgaisngociolila,ndadanjoatcheenrt rtinTvtng pitch bottoms. Wind is from north-east and some mist from hot oil pumps may reach this position through the open
doorway.
68
7 min. No. 20 unit, in doorway between hot oil
pump room and control room, directly down
wind from hot oil pumps.
7 M 1.23
7.1*
Conclusions Regarding Exposures of Men.
Exposures by skin contact and inhalation of mist or Taper is possible at sampling locations. The sites were not inspected, nor was the frequency noted; this is, therefore, an inference from observations at other units.
Mist Crum the hot oil pumps to the north was found to invade the space (semi-enclosed) where process men spend most of their time reading instruments and filling out charts and data sheets. This is not a continual exposure, depend ing on wind from the northern quarter or lack of wind.
nmie-nT situations, one of which we witnessed, such as a broken valve, occasionally will cause spillage or leaks that result in skin contact before re pairs can be effected by the pipe fitters.
142
kh
Steam. Craciri,!^
Process.
Feed stock for this process Is 71x8111 heavy naphtha. The products cor sist of a dilute butadiene stream, an aromatic distillate, residue gas, aromatic tar, fuel oil, and a C5 cut 7111011 goes to isoprene extraction. Clarified oil from PCLA is used as a quenching agent.
Number of Men, Hree men per shift spend most of their time in the control house vhich is closely associated with the feed and vater pvhpa.
Association with Toxic Substances. The substances at this unit vhich. deserve closest scrutiny are the tar bottoms, clarified oil, and the aromatic distillate.
The tar fraction and the clarified oil are included in the suspected carcinogenic materials for vhich special precautions against skin contact have been planned. They are discussed separately.
The aromatic distillate is described as containing 56 per cent aromat ics. Initial boiling point of the fraction is 300#F. and final boiling point, Vf5*F. Leaving the cracking coils, this distillate is handled by a pump near th control house. It undergoes fractionation at No. b D & 3; after separation here it is put through a clay treating process similar to that at OLA 2, in the cal products area. It finally goes to Tank 9^1 on the vestem side of the rundovn tank area. The boiling range of this fraction includes the boiling points of Cg and higher mono-nuclear aromatics. Any problem oaf toxicity of this fracti would be of the order of toxicity of cumenes, etc. and not of the type of benzen toluene, and xylenes. Observations at this unit and at Tank 96I failed to dis close any occasion for prolonged breathing of this fraction.
There are several reasons why the operations at these units are of i
*5.
in terest to those concerned v tth the maintenance o f employee h ealth :. (1) Chron. to x ic e ffe c ts o f Cg and rela ted aromatic hydrocarbons are not su ffic ie n tly v n _ \mderstoodj (2) the exact exten t of occasionally repeated vapor exposures o f me; at these u n its could not, o f course, be determined in the course of th is survey; (3) the process is sim ilar to that at COLA-1 and QLA-2. There is no assurance th changes in feed stock or processing conditions w ill net resu lt in the production o f the more v o la tile aromatics o f the type o f benzene.
' s
C atalytic CraeTHng
lir e e ca ta ly tic cracking units are operated. Ho. 1 is the f ir s t flu id ca ta ly tic cracking u n it to be put in operation anywhere and d iffers rad ically in design and operation from Ho. 2 and Ho. 3 vhich are id en tica l.
Materia ls and Process.
Feed stocks for the ca ta ly tic cracking un its inciud reduced crude fro:
end-fired s t i l l s , v irg in gas o i l from crude d is t illa t e , various residual stocks
from the production o f lu b ricatin g o il, and cycle gas o i l from
cracking.
Products are gas (to C4) , lig h t naphtha, heavy naphtha, and heavy cycle gas o i l .
A finely-powdered silica-alu m in a catalyst i s handled as a flu id .
Humber of Men. 90 persons are employed on three sh ifts in the operati
of the three ca ta ly tic crackers.
Sign ifican t Exposures.
'
(1) Catalyst dust: Unloading o f fresh ca ta ly st from the cars in wfaic. i t is received is a r e la tiv e ly dust-free job. Twenty-seven to th irty carloads c: catalyst per month are received . Removal from storage nn return of regenerated
...
`................
' '
' *
" \A*
b6.
un its themselves -when the high v e lo c ity of the ca ta ly st stream causes corrosion,
in pipe lin e s . This occurrence is not infrequent, esp ecia lly on the Ho. 1 FCLA.
When leakage occurs, exposure to the dust i s suffered mainly by maintenance men who are ca lled upon to repair the lin e s .
The to x ico lo g ica l information nos availab le indicates that th is mater ia l i s u n lik ely to cause s ilic o s is , fhla may he due to i t s being so lean in very
fin e dust fra ctio n s compared with naturally produced dnstj or to i t s r ela tiv ely high ra te o f s o lu b ility . In any case, ve conclude that any exposures we learned about are of no sign ifican ce health-w ise.
(2) Heavy ca ta ly tic cycle gas o il: illtis fraction occurs in two forms
at the u n it. The f ir s t is known as slurry o i l and contains ca ta ly st in suspen
sion . The second is c la r ifie d o il which is the same o il stock after removal of
c a ta ly st. These substances are the principal m aterials involved in the program for control o f skin contact with carcinogenic o i ls . Ih is phase o f their a c tiv ity is discussed in a separate section.
Two other factors concerning the handling of these o ils are worthy of consideration. The f ir s t is the existence o f fin e mist in the v ic in ity of hot
o il pumps carrying eith er slurry or c la r ifie d o i l . We demonstrated the existence of such a m ist and observed that there is occasion for TMn to spend at lea st short in tervals o f time in areas where m ist is present.
An a ir sample co llected by means o f an impinger at PCLA Ho. 1, three fe e t from the shaft of a pump handling hot c la r ifie d o il was evaluated in a
manner analogous to dust counting nd showed 21.3 droplets per cubic centimeter.
At the time o f sampling, there was a v isib le m ist arising from the shaft of the
pump w ith each stroke. Mist also arose from the cylinder block upon which o il
had been s p ille d from a sampling lin e .
'
Inhalation of
oil d s t
affords
equally good opportunity for
r
contact as
145
T
I
vr.
carcinogenic agent that nay be present Into the body of a nan. A careful review
o f n il the ift*! 1 +.4oa where such m isting .occurs and the correlation of t h is oc
currence with the presence o f Ben seems to he warranted.
Hi remaining consideration i s the immediate formation of b liste r s upon
skin o f mw where sp illa g e o f slurry o i l has occurred. It is true that in many
cases, these b liste r s would appear to be thermal b liste r s from hot o il. There is
good evidence, however, th at some o f the properties of the o il nay be responsible.
In those cases where heat r "be ruled out as a cause of b lis te r formation, ques
tio n sr ise s as to whether th is is a unique e ffe c t of s l urry o i l or whether i t is
t
*
a m anifestation common to several other petroleum fraction s, notably kerosene.
An associated question is whether th is occurrence o f b liste r s msy be related to
the ir r ita n t e ffe c ts on eyes and respiratory system follow ing exposure to catalyst
dust, a possible relation sh ip lying in the adsorbed o il on spent catal ys t .
14
ka.
TCU'!.'I fS AHD LIGHT HIM Light Ends
Petroleum Vanor.
Bie principal e ffe c t o f the inhalation o f vapors o f saturated and tin-
saturated lig h t hydrocarbons Is narcosis from prolonged breathing of concentra
tions In the range of a few thousand parts per m illio n . We know from refinery
surreys that such concentrations do not preva i l fo r prolonged periods In areas
where men work. However, indus t r i a l hygiene codes o f some sta tes and the nation
al Conference o f Governmental Indus t r ia l H ygienists irwina* tolerable lim its o f
500 or 1,000 parts per mil l i on as d e fin itiv e o f good working conditions. I t i s
a matter o f in te r e st, therefore, to obtain acne estim ation o f concentrations th a t
are encountered in the lig h t ends p lan t of th is refin ery . For
purpose, the
1929 Gas Absorption Plant, wh08e u n its are now used as sp ecia lty s t i l l s , was
chosen. The control house o f th is plan t was described to us by personnel of the
lig h t ends d iv isio n as the most "gassy" In the refin ery, the reason being it s
location in the midst o f the process u n its.
The fraction ation towers ^at the 1929 Gas Absor p tion Plant fr-nrn prin cip a lly v irg in heavy naphtha, separating C3 and C* from Cs and heavier; they a lso were hand!tug propylene polymer, separating a sm all amount o f C4 from the remain ing heavier polymer. Headings in the range o f 25 to 50 p arts per m illion were obtained downwind from a sewer opening beside water cooling c o ils with a se n si tive combustible gas indicator. ELsewhere about the p la n t, in the control house, at the base o f Ho. h Specialty S t i l l , at Ho. 5 R e c tifie r , and downwind from a leaking valve 50 yards from the co n tro l house, readings were essen tially zero. These readings show the e ffe c t o f the mild breeze, which was blowing on the day -he measurements were made (April 12, 19^9), in d ilu tin g the vapor soon after i t
147
1*9.
fPhff pnrampi g -typify our fin d in gs of petroleum vapors around outdoor
process equipment.
Hydrogen. S u lfid e.
..
In the compression d istrib u tio n o f gases containing hydrogen sul
fid e qr|^ th eir subsequent recovery fo r use, the hazard has been recognized and
e ffe c tiv e precautions to prevent i t s escape In places where men work are gener
a lly q u ite good. A fa ir ly recent development has been the removal of sections o f
side v a ils at Ho. 1 and Ho. 2 Gas Compressor houses. V entilation thus provided
Is in addition to the
eachsust ducts at the compressors.
At the various units o f the lig h t ends plant, when men encounter hydro
gen su lfid e i t i s most often as a barely perceptible amount in outdoor pump loca
tions vhere natural ven tilation
i gfe o f confinement prevent it s accumulation.
If ve disassociate
our consideration the necessary precautions against a cci
dental in h alation o f amounts s u ffic ie n t to cause immediate symptoms of acute
poisoning, such as vould occur in equipment fa ilu re , i t would seem that there is
no problem of hydrogen su lfid e poisoning. Ho areas where men work for prolonged
periods in amounts su ffic ie n t to cause chronic poisoning could be noted in th is
survey, except as noted in the d iscu ssion of the fla re stac k adjacent to the new
lig h t ends p lan t.
Acid Recovery P la n ts.
The processes o f hydrolyzing acid sludge, recovering weak acid, and concentrating th is acid to 85-90 per cent by vacuum d is tilla tio n is associated
with the obvious p o s sib ility of accid en tal acid bums for -which the proper pre cautions have long been practiced. There is nothing e lse sig n ifica n t to employee
health about th is type of work.
<
148
50.
B oiler Homes and. Power Houses.
.
The "beat approach to the question of possible damage to hearing in
places where high noise levels exist} such as the power houses, la to mahe a
hearing Inventory among the th" who are exposed.. In order to detect any changes
with the passage of time. Measurements of noise levels In the worJc places do
not give a satisfactory basis for predicting damage to hearing. Satisfactory
standards do not exist, chiefly because of great variation In response between
individuals at given'noise levels. The matter can be resolved by determining
the state of a person's
in a pre-placement examination and determining
In subsequent yearly examinations any changes that occur.
i
140
51.
maihtehauce
aid
c ojstsdctioi
PIPE DIVISIOU
The Pipe D ivision o f H. & C. Department was subjected to careful study in the course o f the surrey because personnel o f the d ivision forms a numerically large segment o f the plant population and because the performance of the func tio n s o f the d ivision places i t s men in intim ate contact with process m aterial. P ip efitter s canonise 23 per cent o f M. & C. employment and about 9 per cent o f the to ta l refin ery personnel. A fter the General Labor D ivision, i t is- the nest la rg e st M. & C. d iv isio n .
The P ip e fitte r s enter in to nearly every phase o f processing from the i n it ia l in sta lla tio n o f a unit through it s normal operation, routine maintenance and general inspection, turnaround, dism antling, or change o f design. In th eir work o f blanking o ff lin e s for removal or rep air of pieces o f equipment, they can su ffer an exposure to whatever m aterial is in the u n it. The magnitude of the exposure is dependent c h ie fly on the effectiv en ess o f draining or flushing by the process people before the unit is released to the p ip e fitte r s. Typical espcsures o f th is nature range from the short-tim e breathing o f gasoline vapors in an in stance where a pump or valve on a gasoline lin e is removed from service to an occasion where p ip e fitte r s render prolonged a ssistan ce in removing a large number of heating tubes from a crude reb oiler in acid service at the alcohol plant. The former is ty p ic a l of an exposure where the hazard to health is of a low order of magnitude, the la tte r , one of doubtful or uncertain magnitude.
Of the 765 men employed in Pipe D ivision , clo se to 200 are regularly assigned to process u n its. These men have f a ir ly steady assignments and are sub je c t to fa ir ly steady environment a l conditions. Turnaround work and sh iftin g de mands o f building and reconstruction gives to most of the men in the Division a
150
57-
* o * 0 ~ r s formers ..signed (tho.. vlth th. ! - - *
*
.
lientlfled by the msehiui.t *--
V >>* b' *"" * *
Ih:r`1" 1 " "d '
_-Hmifll facilities for the practice of nation required o f the press clean ers. Equal
personal hygiene are necessary for the maintenance machinists.
Buty l Rubber Reactors and y in ia h lT ,
There la a lor Incidence of erpoenrea to methyl chloride by the oachinists. In the reactor building, nateal ventilation through the open side vail. 1 usually good, In the flniahlng building, routine greasing of the screen shaher. snd the f i lt e r m ech ^ lse. req uire, exposure, o f hurt duration. Re'pair work on these u n.i.ts i.s perf.o.r..m..,,ead -ohile the flow of m aterials is shut down and while the v en tila tio n system is s t i l l operating.
Paracril Plant.
Exposure o f m schlniats to e c r y lo u ltr lle snd other v o la tile substance. ^
in the paracril plant do not emceed those o f the operating personnel, uhich
,
acceptable limits, except in the vicin-
were shown hy air analysis to he within =P
ity of the la tex pot and the coagulating p o t.
Gas Compressors.
Since maintenance o^f gas c--o--mrprr.easssoors in various parts of the Petroleum
. o-~Anea Division accounts for a large part Products Division and the Chemical Produ
of the total time spent h y maintenance ma
a-ts. there is a certain degree of
importance attached, t..o the p o s s ib ilityv oof sgas inhalation a t these u n its. In
,,
our examination of the compressor b u ild in g s,
-railed to see any lo c a litie s
__i~n+- +o produce chronic Intoxication
where accumulation of amounts of gas sufficie
proa
was a lik e ly occurrence. There undo
' . and may be occasionally at the prese
+phlv vgre been some exposures in the p a ^ Y
-time Most of the obviously dangerous
*
;
'
1515
58.
exposures have been eliminated., e ith er by providing e-rbenst systems over the eecape p o in t, or by opening op the building to permit natural ven tllatlon . Methyl chloride and hydrogen su lfid e concentration, have been reduced by these teo methods, resp ectiv ely . A revlev o i a ll such In sta lla tio n , from the stand point o f chronic exposures to le v concentrations o f gas Is recommended.
Contact v lth Heavy C atalytic Cycle Gas O f "* TrThe machlnlsta are among th e crafts vhlch have had and v lU ecntlnue
to have opportunity in the d a lly performance o f th e ir du ties at the proces. units vhlch a-edn. these m aterials and a t fie ld tank pumps for ccntact v lth these substances. Future contact la regulated as a part o f the general program. Mo unusual or unforeseen Incidents rela tin g to contact vere observed la th is study.
MacbineShoD
Mala. Shop. The main shop vus found to be vlthnu* any apparent Industrial health
problems. lig h tin g sad san itation f a c ilit ie s are e x cellen t. Use of solvents 1, lim ited to V exsol, vhlch is handled in such a n r th a t, even though it s to x ic ity and v o la t ilit y vere g rea t, exposures vould not be sig n ifica n t.
Disassembly and Reassembly Shop Pieces of equipment come to this location directly from the process
units or from an Oakite cleaning i n the tanks of the heat exchanger cleaning shop. Those pieces of equipment vhlch hare been In service at units handling the heavy catalytic cycle gas oil, OLA tars, or re-run tars bear a spe
157
59.
id en tifica tio n tag. When they are disassem bled, some o f th is suspected car cinogenic m aterial may be released. We saw Blurry o i l s p ill out of a slurry pump which had been through the Oakite cleaning. There is a problem of it s disposal. The nearest drain to the sewer is about 60 fe e t from the place where heavy equipment is disassembled. Metal Spraying.
About 15 different types o f metal are sprayed in a shed with open sides near the machine shop. S ta in less and mild s te e l wires are most frequent ly used. The amount of lead spraying seems to be too sm all to be of any *im- portance to x ico lo g ica lly . I t was described to us as consisting of about one small Job a month for a part of acid service at the Chemical Products Area. Bronze is no longer used.
Incidents of poisoning by nitrogen oxides generated by the heat of the spraying torch,that are described in the literature, have occurred in enclosed spaces where it has been possible for concentrations of these gases to accumulate over a prolonged period. It is safe to assume that such accumu lations could not occur in this open shed.
t
158
60. milT.KWwaineR |i|ui'htowt
R iggers.
The vark of the riggers, who numbered 67 in. the entire plant, did not
ccane in for d o s e scrutiny in th is survey . I t was adjndgod that :ln the perform
ance o f their m ission o f moving and erecting heavy equipment, th eir exposures to
to x ic and hazardous m aterial are s lig h t. Riggers are not active on a job u n til
after process men have taken a given p iece o f equipment o ff stream and p ip efitters
s s.
_
have blanked i t o ff from the flow; actu al clo se vark v ith the equipment is of
short duration.
Opportunity for skin contact v ith acids or high-boiling aromatic hydro
carbon e x is ts . Fear protection, riggers are furnished protective clothing, which
they carry v ith them to a Job. Contaminated riggers * clothing is laundered by
the refin ery in accordance vith the general program for prevention of prolonged
contact v ith substances im plicated as p ossib le cancer-formers.
Welders and Burners.
. __ i~ . , '
106 velders indude 98 e le c tr ic veld errs and 8 gas veld ers. A ll of these
men are f ir s t cla ss mechanics <ynfl th e ir vork is lim ited to voiding. F itting of
parts to be veided is done by other cra fts
The burners number 66, co n sistin g e n tire ly of f ir s t cla ss mechanics.
Work in sid e drums, towers, etc. amounts to a considerable percentage of the to ta l
vork o f velders and burners. An Important aspect o f th is in sid e work is that
pieces o f equipment in which inside work must be done are rou tin ely deaned by
sandblasting before the welders and burners enter. Oils practice effectiv ely
lim its th eir inhalation o f atmospheric contaminants to those products of the
welding or burning process, i . e . , fumes or gases from the base m etd, welding
`
'
153
61.
Welding on ordinary str uctur a l grades o f s te e l with coated electrodes r e su lts in the escape to the atmosphere o f fumes containing Iron oxide and o f several m etals found In the electrode coatin g. Manganese, titanium, and s i l i
con are common. The gaseous products con sist o f carbon dioxide, carbon monoxide, water, and nitrogen oxide s . These fumes and gases originate In the grt-i
of the arc and are thus given an I n itia l v e lo c ity upwards that tends to disperse
them to le s s than harmful concentra tio n s in any but the moat confined spaces.
Given a fa ir sized enclosure and same natural movement o f tmtwwfcnurtr.
from
outside the contaminants w ill disperse In a sa tisfa cto ry manner . In cases where
the welding Is performed In a confined space w ith no v en tila tio n the
are prim arily those o f nose and throat ir r ita tio n , and cough.
In welding on galvanized s t e e l, the proportion o f
oxi de in the
to ta l fume i s greater than that o f Iron oxide. Metal fume fever may resu lt unless
to ta l fume concentrations are kept a t a much lower le v e l than la necessary In the
case o f welding on uncoated s t e e l. Good v e n tila tio n of the space is effective
in preventing the occurrence of metal
fever.
Welding on lead or cadmium-coated base metal may constitute major heallh hazards. Cadmium fumes are not b elieved to co n stitu te a chronic poisoning hazard but do represent a very serious accident hazard where concentrations are h-tgh due
poor v e n tila tio n . Exposures o f only a few hours duration are su fficien t to cause serious lung Involvement and even death. Protection may be provided either
in the farm o f lo c a l exhaust v en tila tio n or the wearing o f a fume respirator be neath the w elder's face sh ield . Mo instances o f these types o f welding were ^ted in the refinery.
Welding on sta in le ss s t e e l involves exposures to fluorides from the rod b atin g. Excessive exposure to these fumes causes ir r ita tio n of the nasal pass*8, and not Infrequently nosebleed. This is generally believed to be caused by
formation of hydrofluoric acid. In our opinion, there' is no 1"fVol-tTtnnrt
160
62-
Itii ft ay
Les exposure to largo eoacettratlooa o f a o o r ia ,.
Ho r e a a u , to o b t o e fte r t-h a lo g o , ^ ^ eemi, ^ ^
any o f th is Id ia g r k . ltarerer, the apoeure beieg b M ieally o f a , ,
acieufctflc evaluation la oot required Id ordinary inquiry 2 1 su it . 1! purposes.'
HentUatloa for ioalde I d lo g s k la provided by Iamb "air siphons" .
fUrnshed ** V* boilermakers and Install^ed b0y7 oPiinpeeffiitttte*r,s. Aan estimated 30 or '
40 Sphcns" are ^ lia b le la the en tire refin ery .
Surface, p o rted t h red l e ere eucuuutered in rdnor ropr r k m
b*rS'1'' "
**> id on nee structural. eel, aLao infrequent. An el-
ece blover da prortdad to furnish local eskanat the barge vork. Bed lead '
la removed iron nee etenctnral ateel by turning and brushing prior to Iding.
mo
dnratlon of the. Job. end their lank of frequency nake it likely that
there ia gr hksard to hnrnera or eeldera iro n inhalatlott o f lead fene f t r k on s t e e l that has been painted w ith red lead .
^oteeti clothing is provided for eork In o d d areas. It ia etored id diruion tool roone or kept personally by ind-t-r^.i -- ia__
1" deposita are sonetiiiea cat iro n in eld e eqpaent by burners' torch. T en tlletio a e*>ipment 1 l i e d for and used t e e s e o f the moke and beat in confined quarters.
Cutting end melting of lead scrap is done by one man v lth a portable W p o t, working occasionally a t various lo ca tio n s. Several Torts to w itness
th is job fa ile d because o f i t s discontinuous operation. This man should be in
cluded In ph ysical examination schedule for
burners.
The Pipe Shop (Petroleum Products D ivision) Is operated jo in tly by and welders. Pipe welding is done In a structure having open a id es.
An estim ated 95 per cent o f the work i s on new p ip e, lim itin g fume exposures to the innocuous type of black Iron welding. Lead-lined pine Is not sen *t this
161
63.
hop. Pome exposures sru not seriou s .* th is shop s.t th is tim e, although cer-
t s i s p o sitio n s m r pot t o lle r - , heml tor o time In the region o f hear, moo
l m the sr e . BUs night assume a more serious nature I f la the future the aev
pipe containing a honied le a l lin in g , ohlch sa s iescrlbed to ns a t the a d d
.
p lan t, should he tnongxt to th is shop fo r en d in g or t e llin g o f fla n g es.- P ro d - -
sion o f lo c a l euhsust equipment fo r reooral o f the fumes from th eir point o f
'
origin to a distance from the t e l l e r - , breathing tone to o l! then become neces. aary.
SaUermsker Shop, 572 Area, in Chemical Products D ivision north of No. k F inishing Building, employs one -welder and one burner. Diere was nothing ia the layout o f the shop nor In the description we obtained of it s voric to sug gest the existen ce of occupational disease hazards.
Pipe Shop, Chemica l Products Div-t-irm.
.
. /
.
.. V.
.
At the welding shop, Chemical Products D ivision, v e st of No. 1 Alcohol
p lan t, fiv e velders and three burners, a ll on "A," s h ift, re ployed at fab ri
cating and repairing pipe se ctio n s. Fume exposures are lim ited mainly- to fumes
i*om the m etal being velded and th e rod and coating, Bo estim ate could be ob
tained o f the r e la tiv e propor t i ons o f verb on nev and used pipe,. I t vas ascer
tained that resid u al m aterial in used pipe -was removed by burning at a point re
mote from the shop and- in a manner th at resu lts in no fume or vapor exposure to
the man doing the burning. In th is shop, velders ccmplsined of illness..from w eld
ing on certa in types o f a llo y s described as "Bed Copper," "Bed Brass," and ., ; ~
"Bverdur." In velding such m aterial, heat is applied by means of a carbon e le c - ';
trode in the usual w elder's electrode holder. Pipe section s undergoing th is p r i-.
cess are o f such siz e s and shapes'that i t is inpossible for a welder to always stay out o f the zone o f most dense fume from the arc.
1G2
6k.
The I lln e s s they described i s suggestive o f metal fume fever, being an acute illn e s s having i t s onset several hours a fte r work has ceased, and being characterized by c h ills , fever, vomi tin g , and headache.
The Everdnr alloys contain copper, 95 to 98 per cent; silicon, 1.5 to
h per C(sA* about 1 per cent manganese.
Bed Brass usually contains 85 per cent copper and 15 per cent zinc. There are no chronic e ffe c ts from -netal fume fev er. The acute illn e s s can be prevented by in sta lla tio n o f a lo c a l exhaust system in this shop to carry away the fumes from th eir points o f orig in .
Boilermaker Shoo. "Old Boil<~
Activities in this shop consist of:
E lec tric w elding-^ne or two arc welders perform various repair Jobs. Burning--three machine burners work in th is shop f u l l tim e. A vari able number o f hand torch burners are present.
Gas welding--the gas welding shop in th is building is the s it e of em ployment o f the eigh t gas welders included in the employment l i s t for the B oiler"akers D iv isio n . The work co n sists o f cocy-acetylene welding of non-ferrous a llo y parts, nsing p rin cip a lly un-coated rods o f ccmosition sim ilar to the base m etal. A considerable proportion of the work load co n sists of effectin g repairs to Haate llo y D heating tubes used In acid service a t the alcohol p lan ts, HA u n its, and acid concentrating p lan ts.
The shop i s provided w ith a lo c a l exhanst system fo r removal of fumes
from the actu al welding. H astelloy D tubes which contain 85 per cent nickel must
be pre-heated to about 600T . in a furnace a t the shop before welding. Some 20
heating tubes per month are handled here, and three is the
,,umber in any
one day. When th ese tubes come to the shop with a coating o f some residue of
camonaceous m aterial from the u n it from which i t was removed, there is an
.
'
163
65.
evolution of fa n e s/ a t le a s t In the f ir s t stages of heating to the correct tem perature fo r welding.
The p o s s ib ility o f the formation, under these conditions of combustion, o f nickel carbonyl has been ra ised . Hickel carbonyl, a v o la tile m aterial p o sessing a high degree o f acute to x ic ity , has been responsible for the development o f lung cancer In the n ick el refin in g industry. We are not in a p osition to comment on the p o ssib ility o f i t s presence in the fumes from heating these tubes. Tn>,,i^ tio n o f these fumes can be greatly diminished by the In sta lla tio n of &hood over the furnace port.
Welders at
Cracking tb it Turnaround.
/,
At turnaround o f ca ta ly tic cracking u n its, the services o f velders and Corners are required fo r about 3/5 o f the turnaround period. Welders work three s h ifts a day, s ix days a week, and burners on two sh ifts , 6 dayB a week. An estim ated six ty per cent of the work is in sid e work and,of th is , forty per cent i s considered dusty work. A high proport ion o f the work in sid e i s on sta in le ss and chrome s t e e l. Dust sources are residual ca ta ly st, esp ecia lly in the p reci p ita to rs where i t i s e a sily disturbed from i t s resting places on the shakers, refractory and in su lation dust in the regenerators, and se ttle d dust renaining a fter sandblasters have l e f t the tower. Dust elim ination effo rts have gone a long way toward d enning up -the weasels far the turnaround mechanics. Additional protection from inhalation o f these dusts can be offered these welders and burn ers by providing them w ith a filte r -ty p e respirator designed for dust and fume. l^Tpes that w ill f i t beneath the welder's hood are availab le.
. The danger o f cont r a c ting illn e s s from inhalation of these dusts in the concentrations prevaili n g during the turnaround is thought to be rather small for the follow ing reasons:
` (1) Exposure time fo r an individual welder or burner over the course
164
66.
o* a year 121 mount to probably no more than one n o th . (There are about four turnaround periods of about 15 days normal duration on the three u n its.) All boilermaker crafts are rotated on c a ta ly tic cracker turnaround;
(2) Catalyst dust and most o f the refractory dust that is encountered is r e la tiv e ly non-hazardous by reason o f it s composition and p a rticle siz e .
Lead Burners
Lead Burner Shop at So. ^ Aeia P irh.
About four men vurk part-tim e in a shop vhich i s open on three sid es. This afTords good natural v e n tila tio n and prevents accumnlation o f lead fumes in the lea d shop. I t does not prevent the inhalation o f fumes risin g d irectly from the burning or bonding torch. Measurements o f atmospheric lead during burning and bonding a t Aruba shoved th at concentrations in a ir a t the nose of the man can emceed the recommended lim it even in.outdoor lo ca tio n s, because o f the proximity of the man's nose to the source o f fume. With th is experience and v ith the r esu lts o f the urine lead determ inations that ware made a t Aruba, ve recommend that some exhaust v en tila tio n be provided for lead burning in th is shop.
Lead Burning Shoo In Crafts Bu ild in g in Chemical Products Area.
Three men vork about h alf-tim e in th is shop. This rocm has fa ir ly good natural v en tila tio n , l i e same remarks regarding inhalation o f fumes coming d irect ly from the torch apply here.
Outside Lead Burning and Bonding.
About half o f the time o f the seven lead burners and seven helpers is
spent performing Jobs a t the process u n its. Many o f these Jobs require vurk in
spaces somevhat more confined than the shops them selves. Examples are re-b oilers
at the alcohol plants.
/
165
67. Medical Control Measrrr.
______W i T O e r S " 4itelrh^ * " ' TM ^ e y l7b7theMeaical
t lor ajl^tooa or lead poisoning. Wo ragge that the erafflraUooe he
etipleaeated n t h v r b m r lead deterMaatlooe, so that endeaee of ebsorpUoa say
be detected before synsrtoins of poisoning occur. As a part o f th is m____
. . . __,
or thl3 srnrrey, ve ob-
speclmens from 22 lea d burners and helpers.
As
as
a a
gsrroautmp,
t+hvese
men
shoved normal excretory values. The resu lts
a ^
^ remUts are silCTO in the following Table.
Table 11
BESntTS OP LEAD DETERMmnOHS Iff TTPnra OP LEAD btiwmvhr AffD Trerpgpg
postree, ' S S Ct i^ i r ^ t ^ S 1^ =S ^ J erei1 W Ch^ " 10 -
Utility of Lead Prltiai^.
0X8
of the amount of lead excreted in the urine is a useful
* a n s of evaluating exposure to lead and, therefore, a valuable adjunct to medi
cal techniques in supervising the health of lead workers. >
166
68.
= far th lead In th atmosphere. Br ite ctonia of collectlcn It eli-
t^hetee
roana of leed la aia that do hot comtolbnte to actcal lead ahsocp--
! T '7 " "
^
- -- . - oct coatta t h
t ellnlnatlng tiie Interadttent high or lo concentoationa that ndght ha focnd
TM =^
^
= - * -retad Ih *e crine le ^
portlanal to th anonnt beorbed elthin certaln Unita or Indlrtdaal Tarlatine.
" * ihflnance or indlTldl n a t i o ntoa tt neceaaarr to a. crin ary lead concentrntlona aa aeurea or grotp eapoacrea rather tban aa n e o m m . or
* X r t* z * . etpoecrea. The bnodedge or engatocre obtainad ir crinary l e * de-
temination, ha u t , to point oct tha aaad for rirctoectal c o ^ o l of
tha coatanloant, and far ladleattog th treqcencT or, or eros aaad ror, nedical
aTAint.*tlono la tha detection of eerly algna or ia polaoning.
Horrna crine, fra. perenne clth no tndcatrlal enpoecre to laad, eon-
` 02 "
to0mt " ^
* * * ' * - f . depmdent largely on tha dietory
1" th rango 0.15 to 0.20 ndlligncn. pcr
m
aldared IndioatlTa or enpoecre at a bcrderllne la m i of attrai toUcity, v i a a
probable degree of safety.
__
Hrtenaive aaperlance lndlcataa that tha colleetLoa and analyela of
apot" aaplaa of crine, contalnlng about 100 ni., la a aatiaractory proceder
ali.i..tlon of erpoacre. It bea an adrantage orar th collectlon or 24-
iour apeclnen In that Ita collectlon can generali? be elcsely seperriaed and tha danger or contanlnatlon of tha aaapla ------- .
PTecactlona galnat contaadnatlon ara th tee of r w . - n - -a--
TM = l d and atoppara and acrcpcloca elevamene dcrlng tddlng of tha .arpie.
I a 100 ni. aanple, contalnlng 0-L5 ng. of laad per llter, th analpat d i i barn to corlt elth anly 15 adcrograma of lead. Die poaalbla Inflnence or dnst or
other foreign matter In th saamle ls obvlous.
,
11)7
69.
We vere told at the a d d plant of the contenplated use of steel pipe
vith bonded lead lining. Die use of this pipe may introduce increased exposure
to lead fumes because it vill not be possible to remove the lead
at vi21f
prior to making changes in the shape or length of pipe sections, as can be done
vith the lead inserts sou used, tte urinary lead determinations vill be valuable
in determining vhether this expected increase of exposure actually occurs.
168
70.
METES AND HETBIMENT ECVlblCUJ
Shops.
'
7 . . . . -J-f
Hie shop men routinely overhaul, clean, and repair meters and instru ments. There Is a main shop In the Petroleum Products Area and a shop In the Crafts Building o f the Chemical Products Area. Smaller shops are located in the East and West Esso laboratories Areas, and in th e BLA Mechanical Shops.
In the shop work, mercury i s the p rin cip al hazardous material encounter, ed. Measurements vWe made o f the concentration o f mercury vapor in the air of each o f these shops, except the BLA Mechanical Shop, m none could ve find con centrations as great as 0 .1 mg. per cubic meter o f a ir , a concentration consider ed a sa fe upper lim it for 8-hour a lly exposure. Results o f a ll measurements are shoro in Table 12 (page 71) .
Hie main Meter and Instrument Shop, which handles the greatest volume o f mercury, has a system for c o lle c tio n and recovery o f sp ille d mercury, the e f fectiv en ess o f which is shown by the absence o f v is ib le deposits on the benches or flo o r and by the extremely low atmospheric concentrations found.
The t r ia l of th is system in the main shop i s expected to lead to sim i la r in sta lla tio n s in the other shops. Biere i s need o f such a system in the Chemical Prodncta Area Crafts Building and in the East and West Esso laboratories shops. Although lew atmospheric concentrations were found in these places, the d iffic u lty o f removing sp ille d mercury from th is type o f flo o r makes i t pear that su ffic ie n t accumulations may occur to give r is e to higher concentrations wlfh. the passage of tim e.
I t is w ell to remember that the occurrence o f mercury vapor in hazardous concentrations in laboratories and shops is more lik e ly to resu lt from evaporation o f s p ille d mercury having extremely large surface area, than from the actual mani pulations with liq u id mercury in the shop or laboratory work.
160
71-
Table 12
MERCURI VAPOR MEASUREMENTS---- METES ARD HEffiGMEHT SHOPS
Sasple Number
1
2
3
k
6
Location
Air Voltane (C u .F t.)
Main Meter and Instrument Shop. In "vicinity 20 o f meter racks. Sample Intake near flo o r .
Main Meter and Instrument Shop. In room used as o ffic e and storeroom. V isible de p o sits o f sp ille d mercury on flo o r. Sample is le t at clerk 's desk.
\s>
Shop in East P ilo t Plant Area. Hev location for th is shop. Ho v isib le deposits on th is rough concrete flo o r . Sasple intake on top o f work bench a t vorkers* breathing le v e l.
26
15 *
Shop in West Esso Laboratories Area. Shop
10
located here far 3 months. Signs of s p ill
age around mercury reservoir under bench.
Rough concrete flo o r . Ho flo o r drain. Sample
intake, moved during ssapling to three locations a t breathing le v e l.
Shop in C rafts Building in Chemical Products 20 Area. V isib le deposits o f sp ille d mercury
on rough concrete flo o r . Floor drain no trap for recovery o f mercury.
Mercury Concentration (Mg./cu.m.)
0.08 0.08
trace
trace
0.08
The use o f Varsol far cleaning purposes in these shops is not considered hazardous in view o f the azsmounts used and lov volatility o f th is product.
Outside Men.
'
The princip al duties of the outside men are inspection of thermocouple
v e ils and o r ific e p la te s, trouble shooting at in str ument lo ca tio n s, inrinfHwg re
pair a t the s it e , and inspection and repair at -.time of turnaround.
routine du ties take the meter and instrument
into areas of
170
72.
exposure to process m aterial of h igh ly d iv ersified character. Quantitatively, th eir exposures are considered somewhat le s s than that o f process operators at the resp ective u n its. 52iey are furnished protective clothing to prevent w* contact -with heavy aromatic d is t illa t e , acid s, and a lk a li. That they are sametimes exposed accidentally to high vapor concentrations is evident from the ac count o f a "fainting" incident that occurred in the MEKplant and the fa ct that cases o f poisoning with methyl chloride occurred among meter and instrument min when i t s use vas new.
Erposure to mercury vapor in confined spaces by outside M& I men is not steady enough to cause any concern.
Shin contact with liq u id mercury occurs on meter instrument repair jobs. The frequency of i t s occurrence was not ascertained. I t is not a serious p o ten tia l source o f industrial d isea se, because (1 ) the supervisors >mr? the TMn know that i t should be avoided and do so as much as is possib le; (2) washing f aci l i t ie s are available and are used after encountering liq u id mercury on the Job. S h ift Men.
S h ift men of the Meter and Instrument D ivision work out of the shop and the Chemical Products Area Craft Building Shop and on the current turn around Jobs. Their work does not d iffe r ftrcm th at of the straight day in the same area.
171
prr.TTTRTnAL DIVISION
Die greater part o f the time of these men is spent array from the proxi
mity o f process material Hepa ir o f refrigeration u n its, as in drinking foun
tains and a ir
equipment, viring and lamp replacements in the o ffices,
maintenance o f power lin e s overhead beneath the ground are Jobs that require
no consideration in a review o f health factors. In work at the u n its, such as in sta lla tio n of lamps, maintenance and
replacement o f motors, temporary P""* 4 U * 'rtrln at tOE M ra" 4> e tc . the electricia n s ' contact t it h process m aterial la generally w ith e r Intense^ nor
prolonged. They work ont of the main shop and way sta tio n s. Two or three men at
a unit t.w vmynrrra is the usual number.
4
T.4n
Ihe lin e gang is composed o f 15 rated aaa and one lahcrer. t te tarir 13 n cstlr outdoors on orerhssd lin e s . O ccesionslly they ere esloyed a t polling cable in tndergroond eondnlta and, In tad seather, they nay he rloyod at lanp,,i m ,,a. arotnd proceaa n n lta. Ih alr employment Is non-hamsrdons from the In
clust r ia l health standpoint.
E lectrician s Assigned to Process U nits, Laboratories, and OfTices.
Five men are regularly assigned to process units, two at the catalytic cracking un its and three a t bu tyl rubber polymerization.
Twelve electricia n s are assigned to laboratories and o ffic e s . They may
be excluded from consideration o Health, hazards.
7^-
foHn E lectrica l Shcrp.
'V*. l_t*-*
c ^-- k
Pour men are present f u ll tim e a t the main e le c tr ic a l shop. Their varie is prim arily th a t o f motor <iwing and repairing. Approximately 100 motors per month are handled in th is shop. V arsol i s the regularly used cleaning agent. I ts use in th is shop is prohahly the greatest opportunity th at ex ists in the re fin ery far to x ic m anifestations from repeated dai ly inhalation and skin contact, should there he any such m anifestations from th is substance.
According to a description furnished by the Refinery Laboratory, Varsol con sists of a narrov cut fraction b o ilin g between 500 and hOO degrees Fahrenheit.
I ts .aromatic content was given as fo llo w s:
~
Varsol B (105) Varsol C (106) Hi Plash Varsol (107)
15-5* 15.5*
15.0*
This b o ilin g range would in d ica te that benzene, the most toxic of the
aromatic hydrocarbons, is absent and th a t toluene and Xylenes are also absent.
Aromatic substance in the analysis would presumably con sist of ethyl benzene,
propyl benzene, isopropyl benzene (cumen e), ethyl toluene, e tc . These compounds are in a c la ss about which l i t t l e is known t e le o lo g i
c a lly , except fo r the acute e ffe c ts o f sin g le large doses. I t would seem that tie low aromatic content, low v o la t ilit y , and natural ven tila tio n at the shop would resu lt in a to x ic vapor exposure o f a low order of magnitude. Determination of ju st what the exposure amounts to and what it s effe cts may he cm the men as de termined by clo se medical observation would be desirable undertakings.
Pedigree Products Ho. 150 Thinner is used in the shop to the extent o f about fiv e gallons per week as a thinner for insulating paints and varnishes which are sprayed, for cleaning spray equipment, and for cleaning the hands. This product is described by i t s manufacturer as consisting of commercial xylenes. I t s use con stitu tes an exposure of undetermined to x icological sign ifican ce. Although
173
75-
the to x ic ity end v o la tility o f xylenes ^ sprasUig o f p a n ts containing them as a thinner and intimate eldn contact in cashing the hands may produce unaesirable e ffe c ts in the men. B espiratcry protection for the operators o f spray equipment and sh b stitn tioa o f a le s s ir r ita n t shin cleansing agent are lo g ic a l startin g p oin ts fo r elim ination o f any haeard that e x is ts . In periodic medical examinations o f these e e r ie r ., a tten tio n shoold he directed a t discovering -07 eye ir r ita tio n , derm atitis, or cen tral nervous system changes.
grin Contact uith Susnected Carcinogens .
SJdn contact s it h heavy aromatic o ils and other petroleum products from contsminated extension cords snd flood ligh ts th at have seca service at prooes. n n its i s avoided hy routine cleaning v lth steam hy one men on "B" e h ift
at the e le c tr ic shop.
The regular antiee of e le c tr ic a l maintenance men do not subject them
, .
oils and tar. Any contact is accidental,
to contact vith acids or heavy aromatic oils a m wit
involuntary, and infrequent.
npi^fefyygand Lead Work.
g>vn-h>v^ng i^n und,e.rg.r.ou,n,ndv, eelxeeccturniccaa-lu cwonduits is relatively scarce
. .
-- ,-in-ffe Maintenance voric on lead sheathing
in this refinery, being used for one voltage.
_
min Tt vas estimated that he is engaged
in
conduits is done hy one man.
for no more than one veek per year at this type of vork. Because of its infrequent occurrence and the nature of the vurt, no
land rjoiaoning hazard can he forseen in this vork.
Occurrence of Nitrogen Oxldes_.
catalytic cracking units eliminates tte
Vacuum tube rectification at the f -which is said to occur in other p l a n t s .
possibility of exposure tc nitrogen cocLdes
174
76.
MASON DIVISION
' 1
phi a d ivision Tiy'Mfla 63 brick masons, 56 concrete and sandblast workers, and 72 insulatora.
Masons.
The tearing down removal o f furnace "brick at the No. 22 thermal
<7Pf!iHng u n it was obserred in order to detersrine the decree o f in ten sity of dust
exposure in th is type o f work* Pour dust counts made in the breathing zone of
tttowp^r'fftTrn<ng th is work shoved concentrations ranging from 0.^ to 2.5 t r illion
p a r tic le s per cubic fo o t, which are "beneath hazardous le v e ls . In work of th is
kind, there is usually some degree o f natural v en tila tio n . The work is inter~
m itten t. Some unit turnarounds require a minor amount of "hrlck replacement.
Dost encountered-in th is work
"be expected to contain free s ilic a to the
extent of 25 to 30 per cen t, as found in the Aruba survey. The Job, therefore,
is not considered to co n stitu te a p o sitiv e s ilic o s is hazard.
T.oy<ng nf jjey brick requires same cuLLlng to shape at the s it e . For
th is purpose, the d ivision
three clipper ssvb. Diey are equipped with dust
exhaust but no c o llec to rs. The dust is discharged to the a ir at the rear of the
apparatus, 't'm e ffe c tiv e ly prevents the prolonged inhalation of dust by the
opera to r. Persons in the area are, of course, exposed to the dis c harged dust.
fhp-tT exposure is occasional sin ce the saw is portable. The new type of saw
v ith wet dust suppression, which i s on order, w ill e ffe c tiv e ly prevent th is
nuisance p ractice of 4 grhwrg-tng dust to the a ir .
Bie replacement o f brick in the ca ta ly st regenerators in flu id cata
ly t ic cracking units is known as a dusty Job. The greatest source of dust is the
disturbance o f residual ca ta ly st in the chamber.;. Of secondary importance is
175
77.
asbestos dost, which is present to an unknown ex ten t. I t is probably minor be
cause there is no process whereby the asbestos i s broken down to fin e p article
s iz e . The overhanging "Jointless" fireb rick s used in th is in sta lla tio n can be
ayi-ndAri from consideration as an important source o f dnst for the method of in
sta llin g them is not dust producing. Die longevity of the brick in th is service,
and the
frequency o f four turnarounds per year serve to c la ssify th is dust
exposure as occasional. Replacement and laying o f brick in acid areas constitutes a large part
of the brick masons' employment. Die brick has a le v free s ilic a content. Cut tin g and shaping is done mainly outdoors. The dust exposure i s not considered hazardous. Use of B asalite adhesive can r esu lt in exposure to irrita n t fumes, unless precautions are taken. The ir r ita n t property of the fume is bo intense _ that chronic exposures are n ecessarily avoided by the men thess e lv es. ---- '-- _b2<
Concrete and Sandblast.
There is an interchange o f men between concrete and sandblasting Jobs which makes i t d iffic u lt to determine Just hov many persons in the course of a year spend su ffic ie n t time in the v ic in ity of sandblasting to require physical examination by the Medical Department. Die tendency toward increasing require ments fo r sandblasting in sid e process equipment prior to mechanical work at unit turnarounds makes i t necessary th at a continuing check on exposed personnel be kept by or for the Medical Department.
At u n its where ve observed sandblasting inside towers, drums, or other equipment, the dnst was w ell enough confined so that only the man handling the b la stin g hose was in a high concentration. He i s , of course, protected with an approved supplied-air mask and helm et. There, may he, and probably axe, occasions where escape of dust is in the d irection of attendants at the sand b la st machines.
176
78.
This is a situ a tio n which can only be evaluated by repeated observation and
measurements a t the scene.
.
At the sandblast shed next to the salvage yard, b lastin g of small parts
from the process u n its, such as bubble caps, Is done almost d a lly . The open
sheds provided for th is work provide no confinement of the dust. Bie shed where
men must stand to attend the "ftWwM is su ffic ie n tly clo se to the blasting to
receive at most -mTM a
dust concentration. The attendants use no respira-
k.
tccry protection. Dust counts in th is area, as shown in Table 13, which follow s,
'>
/
ranged from four to lk m illion p a r ticles per cubic fo o t. These concentrations/ *';
.
are excessively gh for free s ilic a dust. Attendants a t these un its should be
required to Year dust respirators during the whole time th at sandblast ing is
being done. A ncre sa tisfa cto ry long-range solution to the problem w ill be to
provide a modern enclosed sand-blast shed with dust recovery system at the pro
posed new location at the Mechanical Crafts new buildings.
Table 13 DIET CCGHCEK3HAII0HS HI VXUJJU.il' OF SAHDBLAST SHED
Sample Humber
Sampling Time
' ` Vv '
c <
Location // : : J' -'.<*/''.* ^
Dust Count (M illion p a r tic le s
per c u .ft.)
68 5 min. Around perimeter o f brick-crushing shed.
7.k
69 3 min. At entrance to shed ust east of sandblasting lk
shed.
is the regular station of the man
+.AnrHrig th<* Twihnfi far the sandblasters.
77
5 min.
Inside the shed mentioned in Ho. 69.
lk
78
7 min.
Same location as Ho. 77 *
82 5 min.
flinng aide the eastern-most sandblast shed.
Ho b lastin g being done in th is shed a t th is
tim e. Dust cornea from two sandblasters
working in the other shed.
_
7.3 k.2
177
Brick and Asbestos rc-HnrH-ng.
t* . <7
79.
\A
In. a vah adjacent to the sandblast Bhed, a crushing
is used
several days each month to provide ground tr ic k to he used as aggregate. Its use
fox grinding asbestos was described to us as very Infrequent. Al t hough an ex
haust fan and duct are connected to th is machine, there is considerable escape o f
fin e dust w ithin the room during I ts operation. Another important source of dust
at th is lo cation Is the sandblast shed next door. We f e e l th at even in times
p ast, when brick grinding vas a continuous d ally Job to keep the polymer plant
s.
ca ta ly st tower supplied, the frigfr s ilic a dust from sandblasting could have been
a score important froai+fo factor than the occasional asbestos dust and brick dust
la th is shed. Use of a dust respirator In the brick grinding shed should be re
quired.
__ ,, /.
* ` ' >N / '
In su la to r s.
We saw no operations In the refinery where insulators would be exposed to high concentrations o f dust, harmless or otherwise, from the m aterial with which they work. They do use a large variety o f cements, thinners, solvents, and adhesives of unknown composition. There are some occasions where high concentra tions o f v o la tile constituents o f these products w ill be encountered. The MedicsL Department hami have same Tn^*r|a o f acquiring knowledge o f the particular pro ducts that are ^r> use nT|<^ what the principal constituents are, so that proper medical control can be exercised.
I
178
8o.
fEHTERAIi LABOR
Refinery D isposal Dump.
7/ `'"VV . r
Fourteen men are a llo y e d ami'the majority have worked here more than ten years, att types o f liq u id nr|d so lid wastes from refin ery processes, to the extent o f 100-150 truckloads d a ily are disposed of here by open p it burning of combustibles. Since combustion i s only of bon-fixe type, considerable smoke r e su lt and there Is undoubtedly oppor tun ity far major vaporization of m aterials surrounding the area of the actual f ir e . Dumping of heavy aromatics is said to be one o f waste m te r ia ls, and th is suggests the good p o s sib ility of exposure o f ttwti -fco smokes containing injurious m aterials In vapor or m ist form. Obviously, the men w ill a ttesp t to take advantage of wind direction to avoid smoke, but th is redeeming feature was minimized by our informants. At the time of our inspection, the wind was favorable for avoidance o f smoke. Bie v a riety of waste m aterials handled atmospheric conditions makes i t impossible to appraise these condi tion s on a s c ie n tific b a sis, beyond the suggestions outlined above. General Labor supervisors rate the occupation as one of the worst problems they have.
Ethyl Lead Tanks Cleaning.
This hazard is recognized and precautions taken to comply with require
ments qr><^
nna o f the Ethyl Corporation (as w ell as duPont), which in
Sas testin g before entry in to tanks, use of sp ecia l protective cloth in g,
supplied-air respirators,
periodic medical examination.
Exposure to Powder C atalyst Dust. Cleaning Reactor Chamber (PCIA)_.
year.
A number of men are exposed for an estimated average of three months per
The dust is very ir r ita tin g to the upper respiratory tract and to the eyes. l
1 7 9 rl
81.
I t was generally agreed th at men near the respirators provided, fa ith fu lly , and th is i s a good index o f the Ir rit a t ing q u a lities o f the dust---since voluntary wear o f respirators is only done where discomfort i t imposes i s of le sse r exten t. Goggles provided are worn, but not as fa ith fu lly as respirators and,frequently, minor eye injury cases are repor ted to the Medical Department.
Cleaning Bubble Towers.
Inspectors, as w ell as laborers, cannot to ta lly avoid shin exposures
to various deposits in bubble t ower and p late cleaning and Inspecting, even
though they wear rubber s u its . These men lit e r a lly must l i e in the m aterial
where space is often no more than 15 jych** deep. Some examples of th is type
of exposures are in the bubble towers of Cracking un its 17, 18, 19, 20, 21, and
22, Pipe s t i l l s 1 -8 , PCIA 1 , 2, and J, ALA. 1, 2 , and 3, e tc .
The deposits encountered in such places co n sist o f a wide variety of
m aterials from gas o i l rid Tmphth used far flushing prior to entry to heavy
polymers and coke deposits o f unknown composition.
Exposures o f th is type to shin contact with m aterials o f unknown com
p o sition and to x ic ity co n stitu te one o f the category of exposures of question^
able Importance. P u ller
ng of the e ffe c ts o f such exposures can only
come w ith continued
observation. The desire for complete health protec
tio n o f refinery personnel d icta tes the n ecessity for avoidance of such exposures
as Trmoh as p ossib le and 'Mitri-M-ng the occurrence o f p ossib le i l l e ffe c ts by re
storing clean lin ess o f person clothing Immediately follow ing each exposure
in c id e n t.
Cleaning Seactora. T.lefot ftwd P lant.
Renewal o f p<*Tymr-^t-h m catalyst occurs at a rate o f about once in three months anfl la s ts for about two days. The job is performed by a group of
179
82.
ten men at an out-of-doors location. The material they encounter is coarse and granular, hence non-dusty. Ho significant exposures can he seen in the perform ance of these duties.
Tank ClemHwff,
A certain amount of unavoidable skin contact occurs when laborers enter a tank to remove sediment remaining after pumping out the tank. These exposures are in the same category with. those described in the section above, entitled Cleaning Bubble Towers. Respiratory protection is afforded by the use of hose
naaka* jjpggt clay from the lube filters is used to "dry up" th i*. n? fth
sediment to_ facilitate its removal by wheelbarrow. This practice constitutes no dust hazard by reason of the granular form of the material used.
Tube and Soaker Clean-tnff.
An important segment of the duties of general labor consists of clean
ing tubes at the furnaces of the various refining units. employed on this job,,over three a-My wM-rta.
Sob eighty men are
r--- * "'"
Diere is no doubt that this is a dust-producing operation.
It Is likewise evident that there is no accumulation of dust concentra tion at the breathing level of the cleaners, because their position is open to the outside air an three sides and above. There is usually a fair amount of air movement about their position. When dust production ceases, dust at the breath ing level is quickly dissipated. The production of dost is fairly constant after the tubes have been opened and cleaning equipment has been put in place. Total
exposure time, as for most M %_C operations outside of shops, is variable and,
hence, onVncran. The effects on health from inhalation of these dusts, i f end
when it occurs, are likewise unknown.
180
83-
Cleanlag^SoaVirip t>hTM at
rvwrWrig^Tftrttg^-
Cleanlng out v ertica l soaking drum a t cracking c o ll Ho. 22 was
fry
means o f a mechanical anger inserted f rom the bottom. Hater wash flows down
through the drum. This clfining r ig i s used on 19, 20, 21, and 22 c o ils . Four
laborers comprise i t s crew.
There is no dust exposure because of the use o f water. There is op
portunity for skin contact with m aterials la the drum while fittin g the b it and
while cleaning the sludge a coke away from the r ig . He were to ld that one Mn
is sometimes put into the drum from the top for scaling w ith a frwfl to o l.
-
These contacts would be an Important exposure In cases where the unit
has been feeding c la r ifie d from ca ta ly tic cracking. There is an opinion In
same quarters th a t the aromatics b o ilin g over JO O *F . are not destroyed, but con
centrated, in the heavy tar fra ctio n when c la r ifie d o il i s fed to thermal crack
ing c o ils . This opinion fronta be tested by means of some mat toxicological
experim ents.
Dismantling; Conanwer Boxes.
Four laborers were engaged in dismantling a condenser box on the Ho. 22 u n it. There was a copious flow o f heavy tar from the c o ils as end-connections were removed. RTHn contact was p le n tifu l. Seme p ip efitter s were also Involved in th is occurrence, which was described as unusual by the p ip e -fitte r foreman, as gas o il i s usually encountered in nmmtling these c o ils . In th is instance, the tar may or may not be considered p o ten tia lly carcinogenic, depending upon it s source and prior treatment. The occurrence serves to point up the n ecessity for estab lish in g some procedure whereby every unexpected incident that resu lts in prolonged contact of m aterial over a large area of men's bodies sh all be re ported to the Safety Department or some other responsible agent for determination
181
ah.
o f 'whether the regulations concerning cloth in g, showers, and medical examination, for p oten tial carcinogens halt he applied. Exposures to Heavy Ar,*iTTBat l c s .
General Labor foremen have given earnest consideration to Abe problem. A question vas raised th a t, In rHgg-tng ditches to uncover p ip elin e leak s, the wm may encounter a deposit o f aromatics seepage. Alertness to th is occurrence, which obviously ex ists in the d iv isio n , Is e sse n tia l to success o f the program for pre vention of contact. Actual supervis io n of the use of protective boots wfl gloves th-at are provided for such occurrences Is the other essen tia l for success.
Another question Is that o f replacement o f work clothing which men w ill veer for long periods In normal p ra ctice. tha i s one of the many d eta ils that must he worked out In the pTn fo r prmrtaiTTg clean work clothes when there has been contact with suspected carcinogenic m aterial.
flvt-n contacts with heavy aromatics, on the part o f general yard labor, has been considerably lessened by the provisions for flushing out lin e s before work i s done on the ca ta ly tic cracking u n its. Sim ilar provisions are being ar ranged at thermal cracking un its where c la r ifie d o il is cracked.
r
.182
" nST5 Total Package" l l 2 ,
35-1/1130
1/
...
10? 17 in'
183
85.
nflff-pgWTER atto PAH3TEB nlVISIOH
Paint Shop.
The use o f paint remover for stripping o ffic e furniture and other items
occurs v ith su ffic ien t frequency to require precautions against injurious inhala
tio n o f vapor. I t is urged th at sp ec ia l v en tila tio n he provided for t h is work.
Xt can he arranged by in sta lla tio n o f a large propeller exhaust fan, e .g ., 2^"
to 30" diameter, nfl placing o f paint remover work immediately adjacent to
th is fan . The present system o f placing furniture outdoors for removing paint
is not an assurance o f sa fety against
o f the vapors o f henzol. to lu o l.
or
hydrocarbons whic h may he present because i t depends on the vagar
ie s of the winds and is not a t a l l p ra ctica l during extended rainy periods.
P a in ter s.
------
'
>" * > - ' _ ir ; / -Cfc
The r e la tiv e ly TM4nm- r o le o f painting hy refinery personnel is in d i
cated hy the fa ct that about 32 men actu ally do paint_in g ,_ Of th is number, five_
or s ix
are part-tim e spray p a in ters. (Major paint Jobs on new construction,
tanks,
process equipment i s done hy contractors.) Bespiratars are provided
for a l l indoor spray work, which, i s very infrequent. Bo red lead is sprayed hy
refinery personnel. An item of major in te r e st to the Medical Department is the p o ssib ility
of the occurrence of henzol in some o f the formulations used. Since the sources of paint product^ and even the composition of products from the same source, are subject to variation , a check on henzol exposures can heat he obtained hy random
app lication o f urine su lfa te nBaauremente to the members o f the group.
184
86.
MISCELLANEOUS
LABORATORIES
A niline.
Refinery Laboratory
D aily routine an ilin e point te s ts are made. We could see no practice in the conduct of these te sts that would resu lt in breathing appreciable amounts of an ilin e vapor or any akin contact with a n ilin e, except, perhaps, accidentally. The amount o f a n ilin e required for a te s t (approximately 10 c .c .) is drawn from a reservoir in an exhaust hood. I t 1s mixed with m aterial being tested on a laboratory bench away from the hood. After the t e s t , used a n ilin e is discarded, there being no f a c ilit ie s for r e -d is tilla tio n . Our only suggestion regarding the protection o f workers from a n ilin e is that the ph ysical examination of these people be increased in frequency from once to twice a year, to conform to prac tic e in the other refin eries that we have seen.
Mercury Vapor.
___ '
Those laboratories in which m etallic mercury i s used were v isite d in
ccmpany w ith Mr. Day, o f the Safety Department, for the purpose of observing the
extent and manner o f use M the d isp osition of sp ille d mercury. Hygienic prac
tic e in the use o f m^rc-nry con sists o f controlling accumulations of vapor or dust
in the working environment, tms ean t e accomplished by pray!fling a reasonable
amount o f room v en tila tio n *u<d in keeping the flo o rs and work benches free of
sp illed mercury . Evaporation
place from fin e ly divided droplets dispersed
on a flo o r surface at a
greater rate than i t w ill from mercury reservoirs
on laboratory apparatus, because o f the greater surface exposed to the a ir. The
American Standards A ssociation adopted the value o f 0 .1 milligram per cubic
185
87-
meter o f a ir as the TMnwnm perm issible concentration. I t con stitu tes a good
bench mark for control o f "wi'i-my vapor exposures. I t esqiresses an e a sily at
tained le v e l o f contr o l.
*rhe resu lts o f ttt*"girrmmmrrtn maA* in the various laboratories are
kaovn to the Safety Department. They are summarized in the Table below (page 88)
for convenie nce.
Only the Gas Analysis Boom o f the Refinery Laboratory shoved a con
centration bordering on the le v e l o f vhat con stitu tes good p ra ctice. In th is
instan ce, replacement o f the contaminated flo o r mats and cleaning and painting
o f the contaminated
tH~n e ffe c tiv e ly reduce the atmospheric concentration
to the le v e l prevailing in the other lab oratories. The Gas Analysis Room of the
fffrgm-tcal Products Laboratory i s in a
verse condition as regards sp illed
in^rrcuiTy on the flo o r and beneath the work benchesj but accumulation of concen
tration s in the a ir is prevented by the ex cellen t v en tila tio n system.
18G
Sample Humber
5
7 8 9 10
11
88.
Table 3AMERCURY YAPCR lOSTESMISATZOaSS--LABORATORIES
Location
Refinery laboratory. Gas Analysis Roam. F a irly smooth concrete flo o r . Rubber mats. Rot much v en tila tio n . Sanple Intake at breathing le v e l in two location s.
Plancor 572 Lab. Sample at breathing le v e l near ROD apparatus. Ro v isib le s p ille d mercury.
Refinery Laboratory. Leonard's Lab. Small use o f mercury. Good v en tila tio n . Ro v isib le deposits.
D istilla tio n Group Laboratory: (a) Rear vacuum s t i l l (b) Rear g la ss s t i l l
Fuel Products Lab. Mercury is -washed here for use in t e s t a t treating p lan t. Simple taken near washing apparatus in open cage
lo ck er .
Chemical (a) (b)
(c)
Products
Laboratory:
A nalytical Lab. In v ic in ity of
Polarimeter a t breathing le v e l
Gas Analysis Lab. V isib le deposits
o f sp ille d 'iiMnu'-ui'y an th e flo o r , on
rubber mats, underneath laboratory
benches. jM* exhaust ducts with
irrhaV one fo o t o ff flo o r , good a ir
supply to roam. Sample taken at
breathing le v e l.
Special Problems Lab. B. Small use
o f mercury; good a ir movement.
o f mercury.
Mercury Concentration (Mg. per cu.m.)
0. 18* Greater than
0.1
Leas than 0. 02*
0.0 0.0
0.0 0.0 0.0
0.0
0.0 0.0 0.0
* R esults obtained by a
method u tiliz in g absorption in
. iodine wfl a
HHr; determination. Air volume 20 cubic
f e e t . A ll other resu lts vere obtained by use of the General
E lectric Mercury Vapor- Detector.
'
'
i
t
187
89.
pm n'LTMj STAHDABDS
_
The shop, design sectio n , and o ffic e o f th is d ivision employ about 33 persons in a one-story frame bu ild in g.
M aterials Handled.
The use o f AzO dyes in the Ozalid process and o f photographic chemicals constitute p ossib le sources o f derm atitis in susceptible individuals v ith which the Medical D irector is fu lly aware. There are several solvents and process liquids in use vhich are of in te r e st because of the liv elih o o d that these, and
sim ilar preparations that may come in to use from time to tim e, contain substances
of known toxic properties, such as methyl alcohol and carbon tetrachloride. Those currently in use are: . D itto D irect Process Liquid M u ltilith ELanVrola M u ltilith Bepelex M u ltilith Bepelex M ultilith P latex M u ltilith Deaxit
V entilation.
Besides the doors and windows vhich are usually open, ven tilation of the working space i s furnished by a W -inch a ttic fan, a w all exhaust fan a t the location of the photographic reproducer, and the exhaust fan connected with the hood over the Ozalid Process. I t i s estimated that the v en tila tio n rate exceeds 12,000 to 15,000 cubic fe e t per minute. This v en tila tio n rate w ill su ffice to Veep concentrations o f vapor o f liq u id s commonly used in formulations of th is kind below 100 parts per m illio n in the a ir, should the to ta l evaporation rate amount to as much as 2.5 gallons per hour. According to our observations o f the processes, the evaporation rate o f liq u id s in th is shop is much below th is
188
90. fig u re. Concentrations o f vapor in the a ir are thus maintained a t a le v e l sa fely below th at which would cause harm to th e personnel.
Xf there were acute exposures to high lo ca l concentrations of harmful solvents at any o f the machines, these would have manifested themselves by symp toms o f nausea, d izzin ess, or I r r ita b ility .
189
91.
ASPHALT PLAIT
Kww-~
We did not sake a study o f the f a c ilit ie s a t th is refin ery far oxidiz
ing, b lending, and packaging asp h alt. In view o f the experiences a t other
refin eries v ith in th e company, i t vould be advisable to
these fa c ilitie s
from the standpoint o f
TM o f vapors or m ists in rpr^**
aromatic
vapors In cutback blending and asphalt m ist a t drum f illin g , uhercver such
atmospheric contaminants may prwvM t far extended periods in areas uhere twn
are a t vark.
s
190
92.
APPEEDIX PHEVEHTHM CP EXPCSDEE TO iTTr^r RDTT.TNrt ABnMAVTTg
Ve hare reviewed the basic in formatio n which indicated, the necessity
for a program o f contr o l o f exposure to c a ta ly tic cracking or steam crashing
fra ctio n s b oilin g above 700*?.; ve are also acquainted v ith the exposition of
th is program to employees on February 23 and. 2b-, 19^9, and. with the general roles
far personal conduct nfl hygiene v ith respect to persons encountering these frac
tio n s in the course of th eir d u ties. We have reviewed the Safety Department's
survey o f exposures to high b oilin g aromatics in the refin ery, which includes
recommendations for
action and add ition al precautionary measures.
Eieae studies Indicate that the B efinery i s in a favorable position
v ith resp ect to preven tion o f skin. contact v ith these o ils by employees and early
d etectio n o f any shin changes brought about by contac t . Die f ir s t most im
portant favorable point i s that the employees ere fn U y informed o f the reasons
fo r precautions. They have thus been put in a questioning f rame o f mind. Pos
s i b il i t ie s for exposure that were overlooked In Idle o rig in a l direc t ives and
survey have been suggested ari^ v i l l continue-to be brought out by the several
hundred a le r t supervisors *** workers that are a ffected . The l i s t o f proposed
impr ovements in the Safety Department's survey contains several examples, not
ably th e n ecessity for pTw tfl-teg b etter means fa r flushing out slurry heat ex
changers and steam generators at the c a ta ly tic cracking u n its, esp ecia lly those
th at most be worked on vh-n* a unit i s in operation. Seme d eta ils o f procedure
s t i l l remain to be accomplished. Slurry pumps , in present practice, are not
sa tis fa c to r ily drained o f the before r emoval to the
shop for dis
assembly. There seems to be a chance fo r m m ll parts from service in heavy
aromatic o ils to reach, the sand b la st shed for. cleaning without warning labels
'
191
93.
With widespread, knowledge of the problem, the prospects are excellent for the
development in tine of totally effective procedures.
The aAegmurj q f a c ilit ie s for t aking showers and for provision of
protective clotM tig assumes & great importance in th is program for prevention of
skin contact. We fin d th at the refinery is veil-equipped with shower roans
that they are veU -d istrib u ted for easy a c c e ssib ility hy those who may he in need o f such f a c ilit ie s during a working day or a t the end of the working day. Any
tendency toward f urther cen tralization w ill have a detri mental effect on the
ready a c c e ssib ility o f the rooms after the occurrence of a s p ill or a splash of
the o i l fractions that are to he avoided. Maintenance of these shower zooms In
a clean and sanitary condition i s generally quite good. Biere are a few excep
tio n s: (1) T*** colored room, a t the road o il s t i l l s . The location of th is
washroom under a water tank *--** lig h t and ven tilation a d iffic u lt problem hut maintenance on a par w ith f a c ilit ie s elsewhere could s t i l l make i t a good place
to take a hath. (2) T**
room beneath tank Ho. 291 (next to Ho. 2 holler house)
is likew ise Ill-k ep t. (3) She colored room a t the Plate Shop suffe rs from overcrowding.
General Labor foremen say that 99 plus per cent of Hegro laborers take
showers on th eir own time a t th e end of the working day. Tftiia habit should he
encouraged in every prac tic a l way. Good maintenance of the shower rooms is most
Important. In the matter o f dividing p o ten tia lly exposed personnel in to frequent
and
groups, we question the inclusion of nearly a ll process esployees
a t PCLA u n its, QBIA, and GU. in the frequent category, while the number or
Mechanical --- ploy-- i s minimised. In our experience, the process esployeea
192
9^.
spend more time at places where these oils axe handled but experience leas
contact than Mechanical enployees the may less frequently be in areas of ex
posure but more often are exposed. A sisple time study on these groups should
clarify the respective exposures.
In addition to that has been dene to lessen ir!n contact vith these
high boiling aromatic oils, ve propose that a complete program for prevention
of exposure should Include the prevention of Inhalation of vapor or mist of
these fractions. Ve vere able to demonstrate the presence of oil mist In the
vicinity of hot clarified oil pumps at the catalytic cracking units. Ve feel
that there should be a concerted effort to Identify and evalnate every
of oil mist In places vhere men -work end -where the stock consists of
that
are presently Included In this program for prevention of sirfn contact. Bxe
toxicological potentialities of Inhalation of a mist of a substance that Is
potentially carcinogenic cannot at present be adequately defined but see to
deserve a great degree of important consideration.
efforts
be
directed to the areas of slurry and clarified oil props at catalytic craddng
units; feed pusps at thermal cracking units receiving clarified oil; quench oil
punps at steam cracking units; the tar product pusps of steam cracking units;
and the use of steam lines for flushing away surface deposits that have resulted from spills or leaks.
All sampling locations at units handling these oils hrmld be examined
for the purpose of ascertaining whether the person -who draws the
can
accomplish his mission without suffering exposure to mist or splashes of the stock he Is sampling.
193
95-
EEHZQL ZSPOSUHES
W ille p oten tial exposures to benzol la various locations (sunmarized telow) nay have been over-enphasized, the uniquely toxic character o f the vapor varraats sp ecial attention.
Various investigations in the consuming industries, esp ecially in coated fabrics p lan ts, vhere enclosure o f equipment and ven tilation vere thought to he good, d isclosed cases o f benzol poisoning a t concentrations of 75-100 p.pjau The action i s particu larly insidious; many fa ta litie s from chronic ex posure to Icy concentrations are known.
Tine fo r the survey did not permit detailed appraisal of th is hazard in the several p ossib le esposure locatio ns. We did not f e e l that any vere par tic u la r ly sig n ifica n t, especia l ly far average individuals in good'health. Jhe p o ssib ility o f unfavorable developments, however, in an occasional susceptible individual could not he ruled out, and th is Is the reason for the general recom mendation for medical sxperriaion for Yorkers p oten tia lly exposed.
Urine Sulfate J e st.
Shis t e s t provides a convenien t method far measuring1 the degree o f a Yorker's esposure to benzol vapors during a given dsy, and is particularly ap p licab le to appraising the exposures of Yorkers in the lis te d location s.
Summary o f P oten tial Benzol Exposure Areas.
Solvent De-waxing (MSS) Plant
Steam Cracking Plants Ho. 1 and Ho. 2
.
D iolefin Ex tract i on Tbit
QBXJL Steam Cracking Coils Paint Shop
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