Document 8M4j6DdLXkmREbyrXyv2ejKy

Hicks, et al. v. ACandS, tnc., et al. 6/1/01 - Paul L. LeCour . Page 114 Page 116 1 A. It would be the amount of exposure over 2 a period of time that an employee would be exposed to 3 asbestos dust. . 4 Q. Who made you aware of those OSHA requirements? j A. It would have been the general manager. 6 Q. Did you have a meeting when you got there or 7 just developed that knowledge over time? 8 A. Just-developed that knowledge over time. 9 Q. At any point in time during your employment 10 with Genuine Parts, have you ever attended a meeting in ir which there was a discussion regarding compliance with 12 the OSHA regulations? 13 A. No. 14 Q. In Response to Interrogatories in this case. 13 Mr. LeCour, Answer to Inierrogatory No. 74, which I'll 16 read part of to you, talks about the reason that there .17 was not a warning on particular boxes of products. I'm 18. going to read this to you and ask you a question about 19 it. 20 The response is: "With respect to aftermarket 21 brake shoes sold by GPC/Automotive, OSHa exempted such 22 products from its warning label requirement promulgated 23 in. 1972 Tor asbestos-containing produets because the 24 asbestos contained in the friction material was 25 encapsulated in binders and resins and thus not . I- any appreciable amounts. 2 Q. Okay. That's my question, sir. Did you go 3 through that process and say and ask the question, do 4 we have to warn and come to the conclusion, no, that you 5 did not; or did you simply not even know about OSHA's 6 warning requirements lo third parties? 7 A. Right. 1 was not aware about - when you say 8 "third panics," that being the end-user? 9 Q. Correct. 10 A. No, we were riot -- 1 was not aware of that. il We were concerned internally in our plant.. 12 Q. All right. So the fact that there were no 13 warnings on the boxes that you sold to jobbers didn't 14 have anything to do with any OSHA exemption? 15 A. I'm not aware of that. 16 Q. Okay. Now, you indicated that your thinking .17 was that the end-user or the mechanic would not be 18 . exposed to any dust. 19 When is the first lime you remember having 20 that actual conscious thought about whether your boxes 21 should contain a wanting or not? 22 A. It was in 1988. 23 Q. Prior to 1988, did you give any thought 24 whatsoever to whether or not your product should contain .25 a warning related to asbestos? ' Page 115 Page 117 1 generally respirable." 2 Okay. Are you familiar with that response? 3 A. I'm familiar with what you just said, yes. 4 Q. At any point in time while you were employed 5 by Genuine Parts', did you ever have any discussions with 6 anybody, other than your counsel, about whether or not 7 you were required to have a warning on your products in 8 compliance with the OSHA regulations? 9 ' A. No. 10 Q. So with respect to the fact (hat there were no II warnings on your boxes, it wasn't a conscious decision ' 12 that, we've read OSHA, and we are exempted, correct? 13 A. 1 wasn't involved in that. 1 would not know. 14 I'd say no to that. 15 ' Q.- Can you tell me, if you weren't involved, who 16 would have been involved in that conscious decision? . 17 A. General manager. 18 - Q. Are you aware, as the corporate designee, of 19 any conscious analysis that was done about whether or 20 not a label needed to be done in compliance with OSHA? 21 A. Yes. Our thinking and our testing internally 22 in the plants met all requirements. And as stated there 23 (indicating), because of the way in which the product 24 was presented to the end-user and no modification 25 necessary to install, that they would not be exposed lo 1 A. No, because wc didn't feel it applied to the 2 way our product was presented to our customer. 3 Q. That's my question, sir. 4 MR. RILEY: Yes. He's answering. And try 5 and straighten it out. 6 , MR. DUMLER: I'm trying. . 7 MR. RJLEY: Okay. 8 Q. (Hy Mr. Dumler) At some point in time, sir, 9 did you make, a conscious decision that. I'm aware of the .10 dangers of asbestos, but there's no need for us to warn, II because people, mechanics, aren't going to grind our 12 brake shoes?' 13 A. Yes. 14 Q. What year are w talking about? 15 A. 1988. 16 Q. All right. So prior to 1988, you made no 17 conscious analysis as to whether or not you should put 18 a warning on your boxes? 19 A. We didn't feel it was applicable lo do so. 20 Q. All right. From what date did you feel that 21 it was not required that you put a warning on your 22 boxes? 23 A. Not until 198S did we feel that it was 24 necessary to put a warning un our finished product going 25 to our customer. ' 30 (Pages 114 to 117) WHEELER REPORTING COMPANY, INC., 404-351-4577 .