Document Jrd90RY6go8rb8o59e0YrvdqO

FILE NAME: Amoco (AMOC) DATE: 1996 Dec 17 DOC#: AMOCOOl DOCUMENT DESCRIPTION: Legal - Deposition of Jerry Siedlicki 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ,, 16 17 18 19 20 21 22 23 24 25 NO. B-126,986 RUSSELL ALLEN, ET AL VS. ' AMERICAN PETROFINA, INC., ET AL * IN THE DISTRICT COURT OF * * JEFFERSON COUNTY, TEXAS it * . * 60TH JUDICIAL DISTRICT GINGER BROUSSARD VS. AC&S, INC., ET AL CONSOLIDATED NO. A-144,426-A * IN THE DISTRICT COURT OF * * JEFFERSON COUNTY, TEXAS * 60TH JUDICIAL DISTRICT LOYICE EBANKS VS . AC&S, INC., ET AL NO. A-142,945 * IN THE DISTRICT COURT OF * * JEFFERSON COUNTY, TEXAS * * 58TH JUDICIAL DISTRICT GLADYS FORRESTIER, VS. AC&S, INC., ET AL NO. A-144,426 ET AL * IN THE DISTRICT COURT OF * * JEFFERSON COUNTY, * * 60TH JUDICIAL DISTRICT TEXAS NO. A - 134,614 FRENCH HICKS, ET AL * IN THE DISTRICT COURT OF * VS. * JEFFERSON COUNTY, TEXAS AC&S, INC., ET AL * 60TH JUDICIAL DISTRICT LEO MIRE VS. MOBIL OIL NO. CORPORATION B-132,431 * IN THE DISTRICT COURT OF * * JEFFERSON COUNTY, TEXAS * * 60TH JUDICIAL DISTRICT 1 CONSOLIDATED . NO. E-150,405 2 DONALD RAY SCHMIDT, ET AL* IN THE DISTRICT COURT OF * 3 VS. * JEFFERSON COUNTY, TEXAS * . 4 AETNA CASUALTY & * SURETY, ET AL ' 5 * 58TH JUDICIAL DISTRICT 6 NO. B-142,345 LEROY CELESTINE * IN THE DISTRICT COURT OF 7 * VS. 8 * JEFFERSON COUNTY, TEXAS CLEMCO INDUSTRIES, INC., * 9 ET AL * 60TH JUDICIAL DISTRICT 10 11 JAMES EUGLON NO. A-141,797 * IN THE DISTRICT COURT OF * 12 VS. * JEFFERSON COUNTY, TEXAS * 13 AMERICAN OPTICAL, ET AL * 58TH JUDICIAL DISTRICT 14 NO. E-153,066 15 BOYCE A. GILBERT * IN THE DISTRICT COURT OF * 16 VS. * JEFFERSON COUNTY, TEXAS * 17 AMERICAN OPTICAL, ET AL * 172ND JUDICIAL DISTRICT 18 NO. E-153,066 19 JOHNNY LEE POWERS * IN THE DISTRICT COURT OF * 20 VS. * JEFFERSON COUNTY, TEXAS * 21 AMERICAN OPTICAL, ET AL * 60TH JUDICIAL DISTRICT 22 NO. B-141,242 23 ROOSEVELT SCOTT * IN THE DISTRICT COURT OF * 24 VS. * JEFFERSON COUNTY, TEXAS * 25 AMERICAN OPTICAL, ET AL * 60TH JUDICIAL DISTRICT 1 NO. A-153,063 ROBERT WASHINGTON 2 * IN THE DISTRICT COURT OF VS. * JEFFERSON COUNTY, TEXAS 3 * AMERICAN CAST IRON PIPE * . 4 C O ., ET AL * 58TH JUDICIAL DISTRICT 5 NO. B-150,802 6 LENA BROUSSARD ET, AL * IN THE DISTRICT COURT OF * 7 VS. * JEFFERSON COUNTY, TEXAS ir 8 GULF STATES UTILITIES * C O ., ET AL * 60TH JUDICIAL DISTRICT 9 10 NO . B-148,523 WINIFRED WILLBANKS ET AL* IN THE DISTRICT COURT OF 11 * VS. 12 * JEFFERSON COUNTY, TEXAS * AC&S, I N C ., ET AL * 60TH JUDICIAL DISTRICT 13 14 NO. E-149,835 JUDY BLACKBURN, ET AL * IN THE DISTRICT COURT OF 15 VS . 16 * JEFFERSON COUNTY, TEXAS * A C & S , I N C ., ET AL * 172ND JUDICIAL DISTRICT 17 18 NO. E-141,216 BARNARD, ET UX * IN THE DISTRICT COURT OF 19 * VS. * JEFFERSON COUNTY, TEXAS 20 * ALLIED-SIGNAL, INC. / * 21 ET AL * 58TH JUDICIAL DISTRICT 22 NO. E-144,963 23 JUANITA FRALICK, ET AL * IN THE DISTRICT COURT OF ir 24 VS . * JEFFERSON COUNTY, TEXAS * 25 CONOCO, ET AL * 172ND JUDICIAL DISTRICT 1 NO. A-152,338 MARGARET PALERMO, ET AL * IN THE DISTRICT COURT OF 2 * VS . * JEFFERSON COUNTY, TEXAS 3 * ARCO CHEMICAL COMPANY * 4 ET AL * 58TH JUDICIAL DISTRICT 5 NO. E-144,117 S ALBERT PALMER, ET AL * IN THE DISTRICT COURT OF * 7 VS. . * JEFFERSON COUNTY, TEXAS * 8 SHELL OIL COMPANY * 172ND JUDICIAL DISTRICT 9 NO. E-146,212 10 BARBARA BOYD WINNINGKOFF,* IN THE DISTRICT COURT OF ET AL * 11 VS. * JEFFERSON COUNTY, TEXAS 12 CHEVRON USA, INC., ET AL * 172ND JUDICIAL DISTRICT 13 NO. 96-3348-E 14 DENKELER, ET AL * IN THE DISTRICT COURT OF 15 VS. * NUECES COUNTY, TEXAS 16 AC&C, INC., ET AL * 148TH JUDICIAL DISTRICT 17 18 DAVIS, ET AL NO. B-138,645 * IN THE DISTRICT COURT OF 19 VS. * JEFFERSON COUNTY, TEXAS 20 AC&S, INC., ET AL * 6OTH JUDICIAL DISTRICT 21 22 FOSTER, ET AL NO. B-149,788 * IN THE DISTRICT COURT OF * 23 VS. * JEFFERSON COUNTY, TEXAS * 24 AMF, INC., ET AL * 6OTH JUDICIAL DISTRICT 25 1 NO. A-155,544 HARRY GILBERT, JR. , ET AL * IN THE DISTRICT COURT OF 2 * VS . 3 * JEFFERSON COUNTY, TEXAS * AMOCO CORP., ET AL * 58TH JUDICIAL DISTRICT 4 5 NO. A - 151,231 JONES, ET AL 6 * IN THE DISTRICT COURT OF * VS. 7 * JEFFERSON COUNTY, TEXAS * AC&S, INC., ET AL * 58TH JUDICIAL DISTRICT 8 9 NO. D-143,616 DIDDLE , ET AL 10 * IN THE DISTRICT COURT OF * VS. 11 * JEFFERSON COUNTY, TEXAS * TEXACO INC., ET' AL * 136TH JUDICIAL DISTRICT 12 13 NO. D-128,522 LOBUE 14 * IN THE DISTRICT COURT OF * VS. * JEFFERSON COUNTY, TEXAS 15 * AMERICAN PETROFINA, INC /* 16 ET AL * 60TH JUDICIAL DISTRICT 17 18 BORNE, ET AL NO. A-140,498 * IN THE DISTRICT COURT OF -Jr 19 VS. * JEFFERSON COUNTY, TEXAS * 20 ALLIED -SIGNAL, INC. t * ET AL * 58TH JUDICIAL DISTRICT 21 22 * ** . 23 24 25 DEPOSITION OF 2 JERRY SIEDLICKI 3 4 5 . . 6 . 7 ' 8 On December 17, 1996, the oral deposition 9 of JERRY SIEDLICKI, a witness in the above-styled 10 cause, was taken at the instance of the Plaintiff at 11 the Prudential Building, 130 East Randolph Street, 12 Chicago, Illinois, pursuant to Stipulation attached 13 hereto. 14 Those counsel present, representing the 15 client or clients for whom they have filed Answer, were as follows: 16 17 MR. HERSCHEL HOBSON MR. JOSEPH BLANKS 18 2190 Harrison Avenue Beaumont, Texas 77701 19 Counsel for Plaintiffs 20 21 22 23 MR. CRIS QUINN Reaud, Morgan & Quinn 24 801 Laurel Street Beaumont, Texas 77701 25 Counsel for Plaintiffs 7 1 GEORGE R. CARLTON Godwin & Carlton, P.C. 2 2500 Nations Bank Plaza 901 Main Street, LB 171 3 Dallas, Texas 75202-3714 4 Counsel for Defendant, Dresser Industries, Inc. 5 6 7 8 MR. MICHAEL BLAKENEY Rienstra, Dowell & Flatten 9 470 Orleans Street, Suite 1010 Beaumont, Texas 77701 10 Counsel for Defendant, 11 American Optical 12 13 14 MR. KIRK MARTIN 15 Jenkins, Grove & Martin, L.L.P. 2615 Calder & 10th Street, 5th Floor 16 Beaumont, Texas 77702 17 Counsel for Defendants, Mobil, 18 Fina 19 20 21 MR. DARIN V. OSMOND 22 Sidley & Austin One First National Plaza 23 Chicago, Illinois 60603 24 Counsel for Defendant, Borden, Inc. 25 8 1 MR. ROBERT ELARBEE Hawkins & Parnell 2 4000 Suntrust Plaza 303 Peachtree Street, N.E. 3 Atlanta, Georgia 30308-3243 4 Counsel for Defendant, ARCO 5 6 7 8 M S . DEBORAH COLDWELL Strasburger & Price, L.L.P. 9 901 Main Street, Suite 4300 Dallas, Texas 75202 10 Counsel for Defendant, 11 Travelers 12 13 14 M R . CHARLES KELLY 15 Davidson & Kelly 1900 West Loop South, Suite 905 16 Houston, Texas 77027 17 Counsel for Defendant, Complete Abrasive Blasting Systems, Inc. 18 19 20 21 MR. CLAYTON HALEY Fairchild, Price, Thomas & Haley 22 413 Shelbyville Street Center, Texas 75935-1336 23 Counsel for Defendants, 24 J .T . Thorpe, Binks 25 9 1 MR. THOMAS TAYLOR Andrews & Kurth 2 600 Travis, Suite 4200 Houston, Texas 77002 3 Counsel for Defendants, 4 Amoco Corporation, Amoco Oil Company, 5 Amoco Chemical Company 6 7 8 MR. RON SCHOENBRUN 9 Cowles & Thompson 909 E.S.E. Loop 323, Suite 777 10 One American Center Tyler, Texas 75701 11 Counsel for Defendant, 12 Fuller-Austin 13 14 15 MR. DAVID W. FUNDERBURK 16 Funderburk & Funderburk 2777 Allen Parkway #1080 17 Houston, Texas 77019 18 Counsel for Defendant, WGM Safety Corporation 19 20 21 22 MR. ROSS HOLIDAY JONES Adams, Coffey & Duesler, L.L.P. 23 550 Fannin, Suite 830 Beaumont, Texas 77701 24 Counsel for Defendant, 25 Gerson 10 1 MS. EILEEN MALONEY Law Office of William M. Koziol 2 1 Kemper Drive Long Grove, Illinois 60049-0001 3 Counsel for Defendant, 4 John Crane 5 6 7 MS. PAULA ROMBERG 8 Vial, Hamilton, Koch & Knox 1717 Main Street, 44th 9 Dallas, Texas 75201-3890 10 Counsel for Defendants, B & B Engineering, 11 AMF Corporation 12 13 14 MR. CHRISTOPHER MANNING 15 DeHay & Elliston 1500 Maxus Energy Tower 16 717 North Harwood Street Dallas, Texas 75201 17 Counsel for Defendant, 18 Minnesota Mining and Manufacturing (3M) 19 20 21 M R . JAMES M A R O N 22 Maron, Marvel & Wilks 1201 Market Street, Suite 1707 23 Wilmington, Delaware 19899 24 Counsel for the Witness 25 11 M R . JIM GALBRAITH McLeod, Alexander, Powel & Apffel 2 802 Rosenberg Street Galveston, Texas 77553-0629 3 Counsel for Defendant, 4 Amoco 5 6 7 MR. JAMES F. ISRAEL 8 Israel, Wood & Puntil 310 Grant Street, Suite 501 9 Pittsburgh, Pennsylvania 15219 10 Counsel for Defendant, Grefco, Inc. 11 12 13 14 MR. MARK HOLSTEIN Amoco Corporation 15 200 East Randolph Drive Chicago, Illinois 60601-7125 16 Counsel for Defendant, 17 Amoco 18 19 20 MS. COURTNEY LANIER 21 Fulbright & Jaworski 1301 McKinney, Suite 5100 22 Houston, Texas 77010-3095 23 Counsel for Defendants, Mobil, 24 Texaco 25 12 1 STARLA LEE FOUST, CSR Charlotte Smith Reporting, Inc. 2 235 Orleans Street The Kyle Building 3 Beaumont, Texas 77701-2399 4 5 6 VIDEOTAPE OPERATOR/TECHNTCIAN: 7 Warriene M. Flatt 8 Legal Images P.O. Box 8089 9 Lumberton, Texas, 77657 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 1 THE REPORTER: Please state the 2 stipulations on the record. 3 MR. HOBSON: Texas Rules of 4 Civil Procedure. One objection by 5 one defendant is good for all. 6 MR. TAYLOR: Agreed. 7 MR. HOBSON: And I take it that 8 Mr. Siedlicki would like to read and 9 sign. 10 MR. TAYLOR: Yes. 11 THE VIDEOGRAPHER: We are on the 12 record at 8:41. 13 14 JERRY SIEDLICKI, 15 having been duly sworn, testified as follows, 16 to-wit: 17 18 EXAMINATION BY MR. HOBSON: 19 Q Would you introduce yourself, please, 20 sir. 21 A My name is Jerry Siedlicki. 22 Q And, Mr. Siedlicki, we have known each 23 other many years. I'm Herschel Hobson. We are here 24 today to take your deposition. And just so it's 25 clear, you understand that I represent the people ' | . . 14 1 who have brought the lawsuit; and I'm on the 2 opposite side from your old employer. 3 A Yes. 4 Q If at any time during the deposition you 5 need to take a break, would like to take a break, 6 just speak up; and we are at your command on that 7 issue. 8 A .Okay. Thank y ou. , 9 Q I'd like to begin, if we could, by getting 10 some background information on you. Would you be 11 kind enough to give me your date of birth. 12 A March 6th, 1920. 13 Q And where were you born, sir? 14 A Chicago. 15 Q Could you tell me where you went to school 16 after high school, please? 17 A I graduated with a bachelor's degree from 18 Northwestern University in chemistry; and DePaul 19 University I received a Master's of Science. 20 Q Your bachelor's degree from Northwestern, 21 you said was in chemistry? 22 A Right. 23 Q Was it organic, inorganic or just a 24 chemistry degree? 25 A Just general chemistry. 1 Q And may I ask what year that was? 2 A It was 1947. 3 Q And you went to DePaul and graduated in 4 what year, sir? 5 A '49. 6 just speak up; and we are at your command on that 7 issue. 8 A .Okay. Thank y ou. , 9 Q I'd like to begin, if we could, by getting 10 some background information on you. Would you be 11 kind enough to give me your date of birth. 12 A March 6th, 1920. 13 Q And where were you born, sir? 14 A Chicago. 15 Q Could you tell me where you went to school 16 after high school, please? 17 A I graduated with a bachelor's degree from 18 Northwestern University in chemistry; and DePaul 19 University I received a Master's of Science. 20 Q Your bachelor's degree from Northwestern, 21 you said was in chemistry? 22 A Right. 23 Q Was it organic, inorganic or just a 24 chemistry degree? 25 A Just general chemistry. 1 Q And may I ask what year that was? 2 A It was 1947. 3 Q And you went to DePaul and graduated in 4 what year, sir? 5 A '49. 6 Q And your degree from DePaul? 7 A Was organic chemistry. 8 Q Can you give me your first professional 9 work assignment, please? 10 A My first work assignment as far as 11 industrial hygiene was concerned was at Zurich 12 American Insurance Company. 13 Q Had you worked in the area of chemistry 14 before going to Zurich Insurance? . 15 A Oh, yes. 16 Q 17 A What had you done as a chemist? Well, I worked for Universal Oil Products 18 in their analytical laboratory. I worked for Swift 19 Meat Packing in their analytical laboratory. 20 Q And at UOP, can you tell me about when you 21 went to work there, please, sir? 22 A Oh, that was '46, '47. 23 Q That's while you were still an 24 undergraduate? 25 A Yes. 16 1 Q And what kind of work were you doing for 2 UOP? 3 A I was working in the analytical laboratory 4 as a chemist. 5 Q Was this developmental work or regular 6 routine processing of samples? 7 A It was routine processing, yes. 8 Q Do you remember what kind of product s or 9 tests that you were running at UOP? 10 A Well, UOP at that time was doing research 11 development work for small oil companies; and, so, : 12 was in the analytical laboratory running tests on 13 the products of - the Ph.Ds got through. 14 Q I'm sorry. The what? 15 A The Ph.D. research people managed to send 16 to us . 17 Q So, you were basically the hands of the 18 research chemists there at UOP running procedures 19 that they would tell you to run. 20 A That's correct. 21 Q And about how long did you stay at UOP, 22 sir? 23 A About a year and a half. 24 Q And did you go from UOP to Swift Meats 25 then? 1 A Well, after I got my bachelor's, I went 1 2 Swift's and worked there for about a year. 3 Q And what kinds of things did you do at 4 Swift? 5 A Well, that was, again, in the analytical 6 laboratory in running fat samples, blood samples. 7 Q And did you leave Swift to go to Zurich? 8 A No. I went - I went full-time to DePaul 9 to get my master's in chemistry. 10 Q And then after DePaul? ' 11 A I went to -- Zurich was my first 12 industrial hygiene position. 13 Q _ What got you interested in industrial 14 hygiene? 15 A Well, like everybody else, you get in by 16 accident. It's an interesting story that I went to 17 the American Chemical Society employment office. ! 18 And there was Mr. Cook talking to the person in 19 charge of this employment office describing the type 20 of person he wanted. And I thought, "Gee whiz, I am 21 that person." 22 So, when he left the room, I asked her to 23 introduce me to Mr. Cook - Warren Cook; and that's 24 how I got hired. 25 Q So, you bypassed their employment service 18 1 after all, did you? 2 A Well, I went through the doors. 3 Q Now, you got to Zurich, then, in about 4 what year? 5 A This was in 1949. 6 Q Had you heard of industrial hygiene before 7 you met Warren Cook? 8 A I had heard of industrial hygiene. I 9 didn't know much about industrial hygiene. 10 Q I take it that UOP did not have an 11 industrial hygienist at that time, or at least that ' . 12 you knew of? ' 13 A They did not have an industrial 14 hygienist. They had a safety person. 15 Q And Swift, I guess, would not have had an 16 industrial hygienist either, that you knew of? 17 A Not that I knew of, no. 18 Q You got to Zurich in 1949, and what was 19 your title, sir? 20 A It was Industrial Hygienist. 21 Q What did they have you doing? 22 A Well, in those days you did surveys, you 23 did the analytical work, and you wrote the reports. 24 So, I was doing surveys for the insured either at 25 the request of the insured or initiated by u s . 19 1 Q Can you -- This was here in Chicago, was 2 it? 3 A Yes. 4 Q And can you describe for us what the 5 Zurich Insurance Company's industrial hygiene effort 6 was in 1949 when you joined? In other words, who 7 was already there? 8 A Well, it was Warren Cook was the Director 9 of Industrial Hygiene and Research and there was one 10 other person there and I was there. There was three 11 of us . 12 Q Do you recall the name of the other 13 person? 14 A Lloyd Gordon. 15 Q Lloyd Gordon? 16 A Yes . 17 Q Would you know if Mr. Gordon is still 18 living? 19 A No. He passed away many years ago. 20 Q Did you work for Mr. Cook? 21 A Yes . 22 Q And had M r . Gordon preceded you by many 23 years, or would you recall? 24 A Many years. 25 Q About how long did Mr. Gordon continue to 20 1 work for Zurich after you got there? 2 A Until he retired. 3 Q Do you remember about when that was? 4 A 1 don't recall. 5 Q And when was it thatyou leftZurich, 6 please? 7 A It was 1955. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 Q Was Mr. Gordon still there when you left in '55? A Yes, he was. Q Tell me who some of the insureds of Zurich were at the time that you recall visiting. A Well, some of them - The Chicago Tribune. There was a newspaper in Milwaukee. I'm not sure. I forget the name. There were quite a number of foundries. I don't remember all the names. They insured quite a number of facilities all over the United States. Q What was your territory? A I traveled wherever they sent m e . Q So, anywhere in the Country? A Yes. Q And did your job require a lot of travel then? A Oh, about 30 percent. 21 1 Q And if you were on the road 30 percent, I 2 take it, then, you were able to do some surveys 3 without travel here in the Chicago area. 4 A Quite a number of surveys. 5 Q And how much of your time would you have 6 actually been spending in the field as an industrial 7 hygienist in general? 8 A In the field? 9 10 11 12 13 14 - 15 . 16 17 18 19 20 21 22 23 24 25 Q Yes, sir. A About 30 percent. Q What would you be doing the other 70 percent of your time that you weren't doing field industrial hygiene work? A Well, we had a laboratory; and I was doing analytical work for Lloyd Gordon and Warren Cook. Q Can you tell us generally what your laboratory capabilities were in the '49 to '55 time period? A Well, we did quite a bit of lead analysis from lead exposures. And there was a lot of foundry work done; so, a lot of dust counts were done. And there were all types of analyses - fluorides. Q Now, the work that Mr. Cook was doing, was he doing field industrial hygiene work, as well? A Some. 22 1 2 3 4 5 6 7 Q What did you perceive his job to be primarily? A His job? Q Yes, sir. A Well, he was the Director of Industrial Hygiene and Engineering, the research. That was his title. So, he had a lot of contacts within the 8 company, and people would come to him and ask him 9 for advice regarding the insureds. 10 Q Can you give me any feel for what kinds of ! 11 questions would have been put to Mr. Cook that you 12 had knowledge of from the company people about the 13 insureds? 14 A Well, anything. There could be any 15 problem regarding the risks and also anything 16 , regarding claims. 17 Q Can you give me some examples of what you 18 mean by risks in this context? 19 A Well, the risks were the insureds that we 20 had - the people that we insured. 21 Q And can you give me a little more detail 22 than that about what kind of questions Mr. Cook 23 would have been presented concerning risks? 24 A Well, I wasn't aware of. all the 25 discussions he had. I mean ... 23 1 Q Well, I can appreciate you wouldn't know 2 them all. You had your work to do. But I was 3 curious if you could tell me about some of the ones 4 that you became aware o f . 5 A Well, any claims that came across -- I 6 mean, we would be questioned regarding these claims, 7 if we could be of any assistance. 8 Q Could you give me any examples of the 9 claims? 10 A Well, one example I can give in which I 11 was deeply involved in, it was not in industrial 12 hygiene. But there was an ice cream company, and 13 somebody claimed that the ice cream was off-taste. 14 So, the claim was put in; and, of course, a lot of 15 ice cream was destroyed because of that. 16 So, we made up a taste panel; and they 17 submitted the ice cream to us. And that's as far as 18 they took the results of this taste panel. 19 Q So, you designed, in essence, the taste 20 pane1. 21 And this was to serve what purpose? I 22 mean, I understand about the taste panel; but why 23 would the company have been interested in -- 24 A Well, because a lot of ice cream was 25 destroyed because the claimant claimed it was 24 1 2 3 4 ' 5 off-taste, that something was wrong with the ice cream. Q And Zurich would have been writing insurance that covered off-taste ice cream? A Wot the off-taste ice cream. They covered . . 6 the company that made the ice cream and the ice 7 cream cartons. 8 Q That's the part I'm having trouble 9 comprehending is how does the insurance coverage get 10 into the ice cream being off-taste? 11 MR. BLANKS: The cartons were 12 defective and they disflavored the 13 ice cream and there was a claim. 14 THE WITNESS: That's correct. 15 You got it. 16 MR. HOBSON: You were there. 17 MR. BLANKS: I used to be Warren 18 Cook. 19 MR. HOBSON: As you can tell 20 from looking at him, he eats a lot of 21 ice cream, too. 22 (By Mr. Hobson) 23 Q Can you give me any industrial hygiene 24 examples where you were involved or know that 25 Mr. Cook was involved in claims and risks? 25 1 A Well, we had we insured the quarries and 2 all types of foundries; and, so, we did industrial 3 hygiene surveys of the quarries and the foundries 4 and took samples, made dust counts, made 5 recommendations for corrections. 6 Q Did you ever get involved while you were 7 at Zurich in knowing how - or any part of how Zurich 8 was utilizing your industrial hygiene surveys? 9 A Well, we make corrections and prevented 10 industrial hygiene claims. That's how they utilized 11 them. That was the whole purpose of keeping us on 12 staff. 13 Q So, your job was to go out and look at 14 Zurich's insureds premises and their operations, 15 make recommendations for corrections -- ' 16 A T h a t 's true; . 17 Q -- and try to keep people from getting 18 hurt. 19 A That's right, sir. 20 Q And your area was primarily occupational 21 diseases? 22 A That's correct. 23 Q And I guess by definition, occupational 24 diseases are preventable diseases. 25 A That's correct. ` 1 Q 2 A 3 Q 26 And your job was prevention? T h a t 's right. When you would visit the premises of an 4 insured, would you always write an industrial 5 hygiene survey report of your work? 6 A Always. . 7 Q And would you include any recommendations 8 you felt were necessary in the industrial hygiene 9 survey report? 10 A Yes. 11 Q Would those industrial hygiene survey 12 reports made for Zurich have been kept at your 13 offices? 14 A They were, yes. 15 Q Did you maintain those by insured? Did . _ 16 you have a file for each insured that you visited so 17 that you would file a copy of the industrial hygiene 18 report by insured? 19 A Yes. 20 Q Would you before you went out to see an 21 insured's facilities, go to your files to see if any 22 previous industrial hygiene surveys had been made? 23 A Yes. 24 Q And then if there were recommendations 25 from a previous survey, you could follow up on 27 1 those? 22 A Yeess . 3 Q And, of course, if any new recommendations 4 needed to be made, you could add those to the new 5 survey report? 6 A Correct. 7 Q Now, would you in the Industrial Hygiene ! 8 Group have been made aware of claims being made for 1 9 that insured's facilities? 10 A Yes, we were sometimes, yes. 11 Q I mean, it seems to me that if you're 12 going out to an insured's facilities to do an 13 industrial hygiene survey, one of the things that 14 would surely help you in your work to know what to 15 look for when you got there was a claims history. 16 Would that not be so? 17 A ' Well, not necessarily. Generally when an 18 occupational disease claim comes in, it's long after 19 the fact. A case of silicosis may have taken 20 30 years to develop. Things have changed during 21 that time. It would not have been of any help to me 22 to know that there was one case of silicosis where . 23 the worker was retired for a number of years and his 24 silicosis or his exposure covered 30 years previous. 25 Q Unless it was continuing. If the same 28 1 exposure conditions continued to exist for 30 years, 2 that certainly would have been of interest to you, 3 wouldn't it? 4 A Yes, it would; but the job situation would S have changed by that time. . 6 Q How far back in time as you appreciate it 7 did Zurich's industrial hygiene program go? 8 A I don't recall. I don't know. 9 Q Do you have any appreciation for how long 10 Mr. Cook had been there? 11 A Quite a number of years before I was 12 hired. 13 Q At least back into the early 1930s? 14 A No, he wasn't there that long. 15 Q Would you know if anyone had been at 16 Zurich before Mr. Cook, or did he begin the program? 17 A I was not aware of anyone being there 18 before he was there. 19 Q Your appreciation was he began the 20 program? 21 A Yes. 22 Q Now, of course, not all occupational 23 diseases take 30 years to develop, correct? 24 A Hot all, that's correct. 25 Q Was there some way that you distinguished 29 1 claims that took 30 years and 20 years to develop 2 that were so far back in time they wouldn't interest 3 you from claims that would be from more recently 4 occurring diseases? 5 A Well, the more recently occurring diseases 6 would be dermatitis or problems that somebody might 7 have some sensitivity to some chemical. We would be 8 notified of that by the Claims Department of those 9 cases. 10 Q So, the Claims Department knew to notify 11 you of certain occupational diseases if you thought 12 they could be - the latency period could be shorter 13 than a few years? 14 A Well, Warren Cook probably was far more 15 familiar with the claims than I was. He was the 16 director; so, everything went through him, sir. 17 Q Of course, even a disease like silicosis 18 can develop after just a few years, can it not, if 19 the exposures are high enough and severe enough? 20 A It would have to be pretty severe. , 21 Q Well, the Gauley tunnel incident, you had 22 silicosis cases in six months; is that correct? 23 A I don't recall that. 24 Q You mentioned that one of your jobs was to 25 do some laboratory work at Zurich? 30 1 A Right. 2 Q Did you do laboratory work for the other 3 two industrial hygienists, Mr. Cook and Mr. Gordon? 4 A Yes. , 5 Q Who had been doing their work before you 6 came, or would you know? , 7 A They were doing it themselves. 8 Q So, you were taking laboratory work off 9 their hands so that they could spend more time in 10 the field? 11 A That's correct. 12 Q Is that because you were the junior man or 13 because you happened to have a chemistry background 14 and worked in laboratories? 15 A Well, that1s what they were looking for. 16 That1s why I was hired because of the background I 17 had. 18 Q So, when they picked you up from the 19 American Chemical Society, they were looking for a 20 laboratory chemist? 21 A And somebody they could train into being 22 an industrial hygienist. 23 . Q I take it soon after you got to Zurich, 24 perhaps even a few days, you began your training 25 program? 31 1 A Well, it was immediate. 2 Q How did they train you? What did they do? 3 A Well, Warren Cook, as you know, later . , 4 became professor of industrial hygiene, started the 5 program at the University of Michigan. And he was 6 just a wonderful person and disseminated a lot of 7 information to m e . 8 Q How did he disseminate it to you? 9 A Discussions, directed me to the proper 10 literature to read and -- 11 Q What was the -- I'm sorry. 12 A -- I went out together with them in the 13 field. 14 Q So, you had on-the-job training and 15 experience, as well as lectures and literature that 16 was provided to you or made available to you to ' . 17 study. . 18 A Correct. 19 Q What kind of literature was available in 20 the 1949 time period for an industrial hygienist to 21 look at to learn the profession? 22 A Well, there was the "American Industrial 23 Hygiene Quarterly." And there was the "Journal of 24 Industrial Hygiene and Toxicology." There was 25 "Industrial Medicine and Surgery" in which 32 1 initially before the quarterly started, there were 2 industrial hygiene articles. It had a section on 3 industrial hygiene in that journal and during - 4 medical journals that were available. 5 Q These journals, these periodicals that you 6 have just mentioned, were these difficult to find 7 here in the Chicago area? 8 A No. Warren Cook had an excellent 9 library. Rather, we had a good library of our own. 10 Q Were there other things in his library 11 besides these periodicals? 12 A Oh, yes. 13 Q Can you recall what some of the other 14 items were? 15 A Well, I don't recall, no. 16 Q Do you remember if he had textbooks? 17 A He had a lot of textbooks, yeah, all the 18 industrial hygiene textbooks that were available at 19 that time. 20 Q You say that pretty convincingly that he 21 had all the textbooks that were available. Why do 22 you say that that would be so, sir? 23 A Well, you know, Warren Cook is one of the 24 leading authorities on industrial hygiene; so, he, 25 over the years, he developed a very good library. 33 1 Q And at least good enough that he convinced 2 you in your mind that he would have had any text on 3 the subject at his fingertips. 4 A Or knew where to get i t . 5 Q Was there a medical doctor associated with 6 Zurich concerned about occupational diseases that 7 you know of, Mr. Siedlicki? 8 A Not in the employ. 9 Q I 'm sorry? 10 A Not in the employ of Zurich, no. 11 Q Were there any consultants that Zurich 12 would have called upon in the area of occupational 13 diseases that were medical doctors? 14 A Yes, there were. There were consultants. 15 Q Do you recall who some of those people 16 might have been, sir? 17 A One was Dr. Sappington. And then there 18 was one radiologist - I don't recall their names - 19 that we took our X rays to. 20 Q And would you recall where Dr. Sappington 21 was at the time? 22 A He was n the Chicago area. 23 Q 24 A And what his area of interest was? Occupational disease. 25 Q And he was published, was he not, in the 34 1 area of occupational disease? 2 A Yes. 3 Q And then you say there was aradiologist? 4 A Yes. 5 Q And didyouactually know the radiologist 6 and have discussions with him, or is this someone 7 that you knew of through other people? 8 A N o . I used to take X rays to him and he 9 would look at them and we would have discussions 10 about some of the X rays. 11 Q If you think of his name during the 12 deposition, I would appreciate you letting me know. 13 Or if between now and the time when you get your 14 transcript if you could make a note of his name on 15 the errata, I would appreciate it. 16 A It's been many, many years ago. I mean we 17 are talking about the Fifties. 18 Q Right. And I realize you may not 19 remember. 20 A Yeah. 21 Q But if you do I'd appreciate his name. 22 Was it your appreciation that the 23 radiologist was experienced in looking for 24 pneumoconioses -- 25 A Yes, he was. 1 Q -- or dust diseases? 2 A Yes, he was. 3 Q And was that primarily why you would take 4 chest X rays to him? 5 A Yes. 6 Q Now, you mentioned that you yourself did 7 the dust counts at the laboratory? 8 A Generally dust counts at that time were 9 made in the field. Some were done in the lab, 10 but ... 11 Q What sorts of instruments did you have at 12 Zurich for doing dust counts in the field? 13 A Well, we had the midget impinger and 14 Greenberg-Smith impinger. 15 Q And were you using light microscope? 16 A Yes. 17 Q Did you have either the Bausch & Lomb dust 18 counter or konimeter? 19 A We had the konimeter, but we never used 20 it. 21 Q Why was that, sir? 22 A Well, that was used prior to the midget 23 impinger method and the light-field method of 24 counting. 25 Q . Would you recall, Mr. Siedlicki, if 36 1 Dr. Sappington also had a Doctor of Public Health, 2 as well as a medical degree? 3 A I don't recall. 4 Q Where was he working at the time? 5 A Well, he was in the Chicago area. He had : 6 a small laboratory of his own, and he was doing 7 industrial hygiene and at the same time occupational 8 diseases. 9 Q And when you say "he had a small 10 laboratory," what kind of laboratory work do you 11 recall him doing? 12 A I don't know I never saw the lab. 13 Q Did you appreciate Dr. Sappington having 14 industrial hygiene capabilities? 15 A Yes. 16 Q And the dust counts that you were doing, 17 were these using the midget impinger or the 18 Greenberg-Smith impinger? 19 A Yes. 20 Q And you were doing light-field dust 21 counting? 22 A 23 Q 24 A 25 Q Right. Did you ever do dark field? No. Did you ever do any phase-contrast at 1 Zurich? 2 A Not at Zurich. Phase-contrast didn't come 3 in until much later. 4 Q You mean phase-contrast wasn't used in 5 industrial hygiene until much later? 6 A Yes. 7 Q Phase-contrast microscopy had been in use 8 since at least the Thirties, had it not? 9 A Well, it might have been used, but not in 10 industrial hygiene. 11 Q Did you ever do any projection microscopy 12 counting'7 13 A I did not do it at Zurich. I did it 14 somewhere else. 15 Q Where was that? 16 A American Brake Shoe. 17 Q 18 A I'm sorry? American Brake Shoe. American Brake Shoe. 19 . Q That one is totally unfamiliar to me. 20 It's M-e -r-k? 21 A American Brake Shoe. 22 Q American Brake Shoe. I beg your pardon. 23 I don't know why I couldn't hear that. 24 Do you recall ever visiting any facilities 25 where asbestos was in use while you were with 38 1 Zurich? 2 A I don't recall, no. 3 Q And I know that it's going to be difficult 4 for you to recall back to something that took place 5 so long ago, some 40-odd-years years ago, and know 6 every detail. And, so, what I'd really like to have 7 is just your best recollection, if I can have it. 8 And if you don't remember something precisely, if 9 you will just say whatever your best recollection is 10 and qualify it anyway you need to, I would 11 appreciate it. 12 MR. MARON: With the 13 understanding Herschel doesn't want 14 you to guess, either, Mr. Siedlicki. ' 15 MR. HOBSON: Right. 16 (By Mr. Hobson) 17 Q Of course, just so it's clear, any 18 question that you don't know the answer to, all you 19 have to say is, "I don't know," if it's so. Or if 20 you don't remember something, just tell me you don't 21 remember; and that's okay. It's just I would like 22 to have your best recollection even though it may 2 3 not be perfect. 24 Can you recall some of the kinds of places 25 where you would have gone to collect samples of dust 39 1 while you were working for Zurich? 2 A Well, there were foundries and then there 3 were quarries and there were smelting plants, 4 numerous different types of operations. 5 Q Do you remember any samples that either 6 you collected or perhaps Mr. Cook or Mr. Gordon 7 would have collected where asbestos was of interest? 8 A I just don't recall. I just don't. 9 Q Do you recall Mr. Cook teaching you how to 10 evaluate exposures to asbestos using dust counters? 11 A Yes. ' 12 Q How did -- Did you actually look through 13 the microscope and see asbestos while you were with 14 Zurich? 15 A Well, I just saw fibers and counted 16 fibers. 17 Q Your experience was that you could see . 18 asbestos fibers with a light microscope? 19 A You could see particles that looked like 20 fibers, and you would try to count the ones that 21 were longer than 5 microns. So ... 22 Q And this is back when you were using the 23 light microscope? 24 A Uh-huh. Right. 25 Q Were you counting total dust then? 40 1 A Counting total dust. 2 Q Including the fibers? 3 A We counted total dust. ! 4 Q But, I mean, that would include fibers -- 5 A Yes. 6 Q -- because they would be part of the dust 7 makeup. 8 A Right. 9 Q And in the '49 to '55 time period while 10 you were at Zurich either the ma imum allowable 11 concentration or threshold limit value for asbestos 12 would have been 5 million particles per cubic foot. 13 Do you recall that? 14 A Right. 15 Q That was total dust, was it not? 16 A At that time the TLV for total dust was 17 20 million particles per cubic foot, and asbestos 18 was 5 million particles per cubic foot. 19 Q Yes, sir. But if the suspected exposure 20 was to asbestos, then you would have a standard of 21 5 million particles per cubic foot of all the 22 particles you could see in the field, correct? 23 A Right. If there was some question, one 24 would send that out for X ray diffraction. 25 Q And if you found any asbestos by X ray 41 1 diffraction, then you would use the total dust count 2 comparing to the TLV or MAC. 3 A Now, you try to get an estimate of the 4 amount of asbestos there or the percentage of 5 asbestos in that dust sampling, then you could 6 determine your - what the permissible limit would 7 . be. 8 Q Well, certainly that would be the way you 9 would do it for silica. 10 A Yes. 11 Q But can you show me this written procedure 12 where the same approach would be done for asbestos? 13 A I don't recall, no. 14 Q I am going to tell you, Mr. Siedlicki, my - 15 appreciation is that it was done for silicosis and 16 silica, but not for asbestos. And I want to make 17 sure we are not confusing two things here. 18 Can you recall in the '49 to '55 time 19 period if you were making adjustments for asbestos? 20 A Well, I don't recall because as I 21 mentioned, I don't recall doing any asbestos in 22 those years. 23 Q And, so, it may or may not have been this 24 procedure that you are telling me about? 25 A Well, if I didn't do it, I didn't do it; 42 1 SO , 2 Q While you were with Zurich, do you recall 3 any of your insureds being in the insulation 4 business? 5 A N o , I d o n 't . 6 Q Did Zurich have as insureds people who 7 were doing building construction? 8 A Well, I never did a survey on any 9 construction site while I was at Zurich. 10 Q Would you recall if Dow Chemical Company 11 was one of Zurich's insured? 12 A Yes, it was. 13 Q Did you do any surveys of any Dow 14 facilities? 15 A No, I did not. 16 Q Would you recall which of the industrial 17 hygienists at Zurich would have been inspecting Dow 18 facilities, if any? ' 19 A I don't know. 20 Q Would you know if it was Zurich's practice 21 not to survey Dow's facilities for industrial 22 hygiene purposes? 23 A Well, Dow had their own industrial hygiene 24 staff at that time. 25 Q I appreciate they did. Was Dow then 1 sending you copies of their industrial hygiene 2 reports at Zurich? 3 A I did not see any. 4 Q Did you ever have any communications with 5 the people at Dow? 6 MR. MARON: While at Zurich? 7 MR. HOBSON: Yes, while at 8 Zurich. 9 A No. Warren Cook did. I did n o t . 10 (By Mr. Hobson) 11 Q Was there a local AIHA section in Chicago 12 when you joined Zurich in '49? 13 A Yes, there was. 14 Q Did you begin to attend that? 15 A Yes . 16 Q Can you give me some feel for 17 approximately how large the section was in 1949? 18 A In 1949, well, I don't remember exactly; 19 but we always had about 30 people in attendance. 20 Q And in general what other industrial 21 hygienists would come to the AIHA local section 22 meetings in Chicago in this '49, '50 time period? 23 A Well, Herb Walworth, Herb Weber, 24 Dr. Hamlin, Fred Cook. I don't remember all their 25 names. 44 1 Q Would Dr. Sappington be coming to the 2 meetings? 3 A Yes . 4 Q Mr. Walworth - where was he working? Do 5 you recall? 6 A Yes. He was with Lumbermen's Insurance 7 Company. 8 Q Lumbermen's? 9 A Lumbermen 's. 10 Q And M r . Weber? 11 A He was with -- At the time he was with 12 American Brake Shoe. 13 Q And Dr. Hamilton? I'm sorry. 14 Dr. Hamlin. 15 A He was medical director of American Brake 16 Shoe . 17 Q And Fred Cook? 18 A He was with - - H e was with an insurance 19 company. ,1 don't remember which one now. 20 Q Were he and Warren Cook related? Would 21 you know? 22 A No. 23 Q We have information that Dr. Hamlin's 24 initials are A. E. Would you recall what his name 25 was - his first name? A. E. are his initials. 45 1 A No, not A. E. 2 Q Not E.? 3 A Let's see. His first name was Lloyd, I 4 think , Lloyd Hamlin. Lloyd Hamlin. 5 Q Was Zurich sending you to the American 6 Industrial Hygiene Conferences while you were an 7 employee there? 8 ' A Yes . 9 Q Do you recall about when it was that you 10 left Zurich in '55 - what time of the year it was? 11 A September. 12 Q So, you made the '55 Buffalo AIHA meeting? 13 A Yes, I was in Buffalo. 14 Q Would Mr. Cook make those meetings, as 15 well? 16 A He never missed a meeting. He probably 17 had the longest attendance up until the time he 18 died. 19 Q And would Mr. Gordon have been going, as 20 well? 21 A Yes. 22 Q Did anyone else join the Industrial 23 Hygiene Group at Zurich while you were there besides 24 Mr. Cook and Mr. Gordon and yourself? 25 A No. 46 1 Q When you left Zurich, may I ask what 2 you took next, please? 3 A I was employed by American Brake Shoe 4 Company. 5 Q That was here in Chicago? 6 A Yes . 7 Q And your title there? 8 A Industrial Hygienist. 9 Q And I take it M r . Weber was already 10 working there? 11 A He was not working there anymore. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Oh, he had left the company? A Yes. Q Were you the only industrial hygienist fi American Brake Shoe then? A N o . There were three of u s . Q Who else was there with you, sir? A I can't recall their names now. Q Did you work for them, or did they work for you? A No. Well, I reported to another industrial hygienist; and we worked in the Medical Department. Q And you just don't recall the: gentleman' name you reported to now? 47 1 A I can't recall, no. 2 Q And was Dr. Hamlin then your main 3 supervisor? 4 A Correct. He was the medical director. 5 Q What sorts of activities would you have 6 been doing as an industrial hygienist at American 7 Brake Shoe? 8 A Well, we did surveys of all the 9 facilities. It wasprimarily foundry work. 10 Q Was American Brake Shoe an insured of 11 Zurich? 12 A No. 13 Q Would you recall who their Workers' 14 Compensation carrier would have been - American 15 Brake Shoe? 16 A I d o n 't know, I d on't remember the 17 original insured. Later on it was with Liberty 18 Mutual. 19 Q Did the Liberty Mutual industrial ' 20 hygienists survey American Brake Shoe facilities? 21 A Yes. They insured about the last year I 22 was employed there, but they did. 23 Q Do you recail Mr. Houghton at Liberty 24 Mutual? 25 A Houghton? 48 1 Q Houghton. 2 A Yes. . 3 Q Was he one of their industrial hygienists 4 that surveyed your facilities at American Brake? 5 A I don't remember who did the surveys. I 6 d o n 't remember. 7 Q I may have mispronounced his name. 8 H-o-u-g-h -- 9 A t-o-n. 10 Q -- t--oo--nn.. 11 And I take it from the name that American 12 Brake Shoe was in the business of manufacturing 13 brake shoes? 14 A Well, brake shoes and railroad tracks; 15 locomotives, the base of the locomotive; and 16 chemical vessels of all types, they made. 17 Q Did American Brake 1s products involve 18 asbestos? 19 A Well, the brake shoes did, yes. 20 Q Did you survey those facilities? 21 A Yes. 22 Q How many such facilities did American 23 Brake have, sir, approximately? 2 A I can't tell you. I don't remember. 25 Q I mean, are we talking 20 or 30 or a few? 49 1 A I don't know how many facilities they made 2 brake shoes a t . 3 Q How large a company was American Brake in 4 1955 or so? 5 A Well, at that time there were 60 plants 6 throughout the Country and Canada. 7 Q And about how many employees? 8 A I don't remember. 9 Q I take it, it was at least tens of 10 thousands? 11 A (No response.) 12 Q More than ten thousand? 13 A I don't remember the number at all. 14 Q And as industrial hygienist for American 15 Brake Shoe, did you have a regional territory that 16 you were responsible for? 17 A No. I traveled all over. 18 Q So, you're still on the road? 19 A Oh, yes. 20 Q How did you get the job over at American 21 Brake ? 22 A Well, Zurich was reducing their staff and 23 American Brake Shoe needed somebody and I applied. 24 Q Any reason that you knew of that Zurich 25 would be reducing their staff in 1955? 501234567 1 A Companies do that ever so often. 2 Q "Right sizing," they call it today. I 3 guess they called it "reduction in force" in those 4 days, huh? 5 A Yes. 6 Q You happened to be the force that was 7 reduced at Zurich, or did you just see the 8 handwriting on the wall? 9 A Well, I had very good relations with 10 Gordon - Lloyd Gordon, and we discussed this 11 together. And there was a question of raises. 12 Raises weren't coming in for me nor for him; so, it 13 was decided that I'd leave. 14 Q And you knew Dr. Hamlin from the local 15 section meetings? . 16 A Yes. 17 Q And I take it they were recruiting? 18 A Yes. ' 19 Q And you were fortunate enough to be at the 20 right spot at the right time. 21 A That's correct. 22 Q I take it that the reduction in force, at 23 least from your vantage point over at Zurich, didn't 24 occur because you had solved all the occupational 25 disease problems. 51123456 1 A No. By all means, no. 2 Q It was from your perspective, at least, 3 some business decision Zurich made independent of 4 the actual work that you were doing in the field for 5 your insureds? 6 A Yes . 7 Q Now, at American Brake, from your earlier 8 answer, I take it you did do air sampling for 9 asbestos? 10 A Yes. 11 Q And you got to American Brake in '55? 12 A Right. 13 Q And would have stayed about how long, sir? 14 A I left in 1960. 15 Q 160? 16 A (Witness nods head affirmatively.) 17 Q And can you tell me what analytical method 18 you would have been using at American Brake for 19 monitoring for asbestos? 20 A Well, we did dust counts with the midget 21 impinger. 22 Q And still the light microscope? 23 A Yes. 24 Q And did you do your own dust counting? 2 5 A Yes. 52 1 Q And did you get with one of the industrial 2 hygienists to go over your counting techniques for 3 asbestos since you had done almost none of this, if 4 any, at Zurich? 5 A Yes, I discussed it with the other 6 industrial hygienists, yes. 7 Q And you obviously did dust counts for 8 about the first ten years of your professional life 9 as an industrial hygienist. 10 A Yes. 11 Q How easy is it to be consistent in doing 12 dust counts with a light microscope? 13 A It's not easy. I t 's very tedious, 14 especially if you are doing this in the field. 15 Q And if you are doing dust counts in the 16 field, what kind of variability can a good dust 17 counter expect to have in his own counts? 18 MR. MARON: Are we talking about 19 the period of time at American Brake 20 Shoe, now? 21 Q Well, does it matter? The variability 22 would be about the same using the same techniques. 23 Wouldn't it be so? 24 A Yes. 25 MR. MARON: Using the same 53 1 techniques? 2 A Well, there could be considerable amounts 3 of variability even doing the same counts over and 4 over again. 5 Q As a matter of fact, it wouldn't be 6 terribly surprising to find out that you are - 7 counting the same dust sample and being off by an 8 order of magnitude, a factor of 10, correct? 9 A Well, yes. And that's the reason you 10 . count many fields. 11 Q And you hope that by counting many fields, ' 12 you reduce the variability in what you see; but it's 13 still widely variable. 14 A That's correct. 15 Q And then if you throw in counts between 16 individuals, you can expect to have even a greater 17 variability, can you not? 18 A Yes. If the individuals are not : 19 accustomed to counting, that's true. If they have a 20 lot of experience in counting, then two experienced 21 individuals come closer. 22 Q But even two experienced individuals doing 23 dust counts with an impi ger and light microscope 24 can be off by factors of 5 to 10 and still be 25 acceptable, correct? 54 1 A Well, I don't know. I don't recall 2 exactly what the variability might be; so, I don't 3 know whether you are correct or not. 4 Q And, certainly, the industrial hygienists 5 of the time such as yourself realized that dust 6 counting was nowhere close to being an exact 7 science. 8 A Well, this is correct. This is correct. 9 Q I've actually heard one gentleman who did 10 dust counts in that era say it was about equivalent 11 to putting your finger in the air - a moist finger 12 in the a i r . 13 A Well, not quite so; not quite so. I mean, 14 you could -- You counted many fields, and you take 15 quite a number of samples. 16 Q Now, the comparison that you were making 17 at the time, this would be the American Conference 18 of Governmental Industrial Hygienists comparison. 19 Would that be right, sir - either MAC or TLV -- 20 A Yes. 21 Q -- depending on the era? 22 A (Witness nods head affirmatively.) 23 Q Were you able to do personnel monitoring 24 for asbestos at American Brake? 25 A With the midget impinger, it's very -- You 55 1 get as close as possible to the operator. So, it's 2 not exactly at his breathing zone as you would with 3 a millipore filter type sample; but you try to do 4 the best you can. 5 Q Now, the 5-million particle per c bic foot 6 MAC or TLV, that was supposed to be for personnel . 7 monitoring, was it not? 8 A Yes, as close as possible to the breathing 9 zone. 10 Q Did you have -- Well, did you feel that 11 the midget impinger technique that you had available 12 in the 1950s was acceptable for evaluating exposures 13 and comparing to the TLV? 14 A That was the best method available at the 15 time. 16 Q And you found it to be acceptable? 17 A Yes. 18 Q The method, that is. 19 A Yes. 20 Q Now, you couldn't take an eight-hour 21 sample on an individual with a midget impinger, 22 could you? - 23 A No, you could not. 24 Q Well, how is it, sir, that you could go 25 about evaluating an eight-hour exposure using a 56 1 midget impinger? 2 A You observed the work practice of the 3 worker and tried to estimate the amount of time of 4 his exposure; and, if necessary, you sample at 5 different periods of the day. 6 Q Sort of a time and motion type of 7 evaluation? 8 A That's correct. And it was very important 9 to observe the operation. 10 Q Why is that? 11 A Because things change within an operation, 12 and you had to know exactly what the worker was 13 doing and observe his work practice. 14 Q When you say that, are you talking about 15 watching a man do his job for a day? 16 A Well, you wouldn't watch all day, but 17 quite an amount of time while you were taking the 18 sample and coming back and observing what he is 19 doing. 20 Q Did you ever encounter that a man doing 21 his job might do it one way while you are watching 22 and then when he thinks you are unaware, do it a 23 different way? 24 MR. MARON: Ever? 25 MR. HOBSON: Yeah. . 57 1 A Well, there are times when the worker 2 thought we were making a time study; so, yes, that 3 is true. Sometimes that did happen, and you had to 4 come back and check whether that job was being done 5 the same way. 6 (By Mr. Hobson) 7 Q And how would you do that? 8 A By coming back and checking again. You 9 had to do a lot of observation. 10 Q Basically when you came back, you would 11 want to observe sort of from afar if you could so 12 that you wouldn't influence the man's work? 13 A Well, this is exactly what we did. 14 Q And that way, you knew or had some . 15 appreciation that you were more likely to know that 16 the way you sampled the job being done was the way 17 the man was actually doing it every day. . 18 A Yes. 19 Q Now, if you would have gone out in this 20 1950 time period and taken a series of air samples 21 and observed the jobs and found out how long a 22 person spent doing each one of these tasks and found 23 out that when you did your calculations for an 24 eight-hour time-weighted average that you got 25 4.9 million particles per cubic foot and the TLV at 58 1 the time is 5 million, does that mean there is no 2 problem? 3 A Not necessarily. You would have to go 4 back and recheck. 5 Q . And if you went back and rechecked and 6 found 4.9 again, what would that mean to you? 7 A It would mean that after you did it 8 repeatedly, that it was within permissible limits 9 Q 10 A So, you would say, "No recommendations"? No. I would say you would have to repeat, 11 come back again some time and check that operation 12 again. . 13 Q 4.9? 14 A I don't know why you stick to 4.9. 15 Q Well, would it be, Mr. Siedlicki, that 16 with the variability and your counting technique and 17 just the problems inherent to time and motion 18 studies and not knowing for sure the man is going to 19 do the job the same way all the time, that you would 20 want to reduce the exposure significantly below the 21 TLV? 22 A It all depends what he was exposed to. 23 Q Asbestos. , 24 A If it was asbestos, you could recheck that 25 operation to make sure that what the exposure 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actually was and observe whether you could reduce -- You very likely could reduce his exposure by work practice alone. Q And would that be advisable? A Well, it certainly would be advisable. Q And why is that? A Well, it's always advisable to try to get the exposure as low as possible if it's possible to do so. And quite often with work practices, it is. Q Even if you are below the threshold limit value already? A Even if you are below the threshold limit value, yes. Q Why is that? A Why not? Why not reduce it as low as possible - his exposure. Q Are you saying that that's the professional way to approach exposures to potentially hazardous material in the workplace? A That's correct. MR. MARON: Herschel, could we take a short break here? MR. HOBSON: Sure, anytime. And, again, Mr. Siedlicki, anytime you need to take a break, I 60 1 don't mean to be keeping you here. 2 If you need to take a break, just 3 . speak up, okay. 4 THE WITNESS; We will do so. 5 MR. HOBSON: No problem. 6 THE VIDEOGRAPHER: We are off 7 the record at 9:45. 8 9 (A BRIEF RECESS WAS TAKEN.) 10 11 THE VIDEOGRAPHER: Back on the 12 record at 10:04. 13 (By Mr. Hobson) 14 Q Mr. Siedlicki, I'd like to return for a 15 few moments, if we could, to some of your Zurich 16 days. 17 A Okay. 18 Q Some of the things that you might have had 19 there in Warren Cook's library, do you remember any 20 information from the Industrial Hygiene Foundation? 21 A Well, we did get their "Digest," a monthly 22 digest. 23 Q And the "Digest" was their publication of 24 abstracts of the world's literature on occupational 25 diseases? 61 1 A Industrial hygiene engineering controls. 2 Q . Would you recall if Mr. Cook had a 3 collection of those that went back to its beginning? 4 A I don't recall. 5 Q I take it that Mr. Cook and Zurich were 6 subscribers to the "Industrial Hygiene Foundation 7 Digest," then. They received those regularly? 8 A They received them, y e s . 9 Q Would you recall, of course, having a copy 10 of Patty's Industrial Hygiene and Toxicology by '49? 11 A Well, that was published in '49; and it 12 didn't come out until about 1950, see. Yes, we had . 13 that. 14 Q Is Mr. Cook a contributor to Patty's 15 text? Would you recall? 16 A Well, I don't recall whether he wrote a 17 chapter or not. I don't recall about that. 18 Q Would you have had at Mr. Cook's library 19 copies of Ethel Browning's early works? 20 A I don't know if her works on solvents were 21 there. 22 Q Do you recall having copies of the Public 23 Health Service Bulletins? 24 A I don't recall. 25 Q Were you aware that the Public Health 62 1 Service had a publication called "The Bulletin" that 2 came out periodically? 3 A "The Bulletins"? I don't recall that. 4 Q The "Public Health Bulletins," they called 5 them? 6 A I don't recall. 7 Q Do you remember having the text by 8 Johnstone on occupational medicine? 9 A Read Johnstone, yes. 10 Q And do you recall having Rosenau's 11 publications on public health? 12 A What, whose? 13 Q Rosenau? 14 A No. 15 Q I tried to spell it. R-o-s-e-n-e-a-u, I 16 believe. ' 17 A I don't recall it. 18 Q a-u. My spelling is not very good, as you 19 now have observed. 20 Did you have any involvement while you 21 were at Zurich with the Industrial Hygiene 22 Foundation? 23 A Well, I attended some of their meetings 24 while I was at Zurich while -- You said when? 25 Q While you were Zurich. 63 1 A At Zurich? I don't recall whether I went 2 to the meetings while I was at Zurich or n o t . 3 Q You recall you did go to their meetings 4 while you were with American Brake? 5 A Yeah, a few times. 6 Q Those would be in Pittsburgh? 7 A In Pittsburgh, yeah. 8 Q Did American Brake to your knowledge 9 utilize services of the Industrial Hygiene 1 Foundation in their facilities? 11 A I don't know. 12 Q When you were with Zurich, do you recall 13 visiting any locations in the Texas/Louisiana area? 14 A I d o n 't think I ever was - or did any 15 surveys in that area. 16 Q Did Zurich have as insureds any oil or 17 chemical companies that you would recall? . 18 A The only oil company that I knew they had 19 was Globe Oil, which was in Lemont, Illinois. 20 Q Did you visit that facility? 21 A I did. 22 Q And can you tell us what kind of facility 23 Globe had in Lemont, Illinois? 24 A It was a small refinery, and the only work 25 I did there was a noise survey. 64 / 1 Q Did you go there just to do a noise ' 2 survey, or did you go there to do a general 3 industrial survey? 4 A No, just to do a noise survey. 5 Q So, you were sent with specific 6 instructions to limit your activities to noise? 7 A Well, I went there to do a noise survey. 8 There weren't any specific instructions to limit my 9 survey to noise, but I did a noise. 10 Q By that, I take it you did not do a 11 general industrial hygiene survey of the refinery. 12 A That's correct. 13 Q Do you know if anyone else on the Zurich 14 staff had ever done an industrial hygiene survey of 15 the Globe Refinery in Lemont? . 16 A I don't remember. 17 Q Would you recall what led to there being a 18 noise survey being done at the refinery? 19 A I d o n 11 remember. 20 Q Back at American Brake, if I could, sir, 21 you stayed with them until 1960? 22 A Rigghhtt.. ' 23 Q And did you do essentially the same kind 24 of work for about the five years that you were with 25 them? ' 65 1 A Yes. 2 Q When you left their employment, do you 3 remember what became of American Brake Shoe? Are 4 they still in business? 5 A Later on, they became Abex Corporation and 6 IC bought out Abex and some other company bought 7 that out, bought Abex again and there are still some 8 plants in existence. But that's all I know. 9 Q Are they still generally referred to as 10 Abex as far as you know - the plants? 11 A They have another name attached, too. 12 Q You say IC. Can you -- . 13 A Illinois Central bought them out. 14 Q Now, you mentioned some other products 15 that American Brake made besides brake shoes. Did 16 you say they made locomotives? 17 A Yes, they made the base, the engine base. ' 18 They made grade roll tracks, switchers, switch 19 tracks. They did work for the aviation industry, 20 too; and they made chemical vessels of all types. 21 Q Were the chemical vessels for railroad 22 cars or just chemical vessels in general? 23 A Just chemical vessels in general. 24 Q Tanks ? 25 A Tanks of all types. 66 1 Q Did any of your work for American Brake 2 take you down into the Texas/Louisiana area? 3 A No. I don't think there was any plants in 4 that area. 5 Q Would you recall approximately how many of 6 American Brake's 60 plants or so would have been 7 . involved in manufacturing brake shoes? 8 A No, I don't recall. 9 Q Would you remember it was more than one? 10 A - 11 Q Yes, there was more than one. Would you recall if there were any 12 products that American Brake made besides brake 13 shoes that utilized asbestos as a component of the 14 product? 15 A No. 16 Q Could you give me some feel for how much 17 of your work at American Brake was actually done 18 that dealt with asbestos? 19 A Very little. Not very much. 20 Q Would it be fair to say that asbestos 21 occupied your time only a few times each year that 22 you were there? 23 A Probably not even a few times. Not very 24 often. 25 Q Dr. Hamlin was the medical director. Were 67 1 there any other physicians working for American 2 Brake that you knew of in this era when you were 3 there? 4 A There probably was, but I cannot tell you 5 who. I've never met them, and they were not 6 full-time. They would be part-time. 7 Q Would the various American Brake 8 facilities around the United States and Canada have 9 had physicians employed at the plants, or would you 10 recall? 11 A They did not have any employed at the 12 plants because I would have visited that physician 13 if there was o n e . They had nurses. 14 Q Was it your perception, then, that there 15 were contract physicians associated with the plants? 16 A Contract physicians, yes. - 17 Q Was a chest X ray one of the medical 18 procedures that was utilized by American Brake for 19 its employees in the '55 to '60 time period? 20 A They had a bus with X ray equipment that 21 went around the Country x-raying every single 22 employee in the United States and Canada. 23 Q That was even in 1955? 24 A In 1955 throughout the years that I worked 25 there, that existed there. A man who drove that bus 68 1 around, that's all he did. It's the only time he 2 went home was Christmas, Easter, and vacation. 3 Q My goodness. And in this bus was just an 4 X ray facility? 5 A Yes. They would hook up to a plant and 6 x-ray all the employees. All these X rays were sent . 7 down to the Medical Department; and they had a man . 8 working full-time looking at these X rays - a 9 trained person, his full-time employment. 10 Q And was it your perception they were 11 looking for occupational lung diseases, as well as 12 other things? - 13 A Well, it was any diseases of the chest. 14 Dr. Hamlin was an expert in diagnosing silicosis, 15 asbestosis, and siderosis. He was probably t h e - 16 expert in the field on siderosis. 17 Q And siderosis is a condition that comes 18 from breathing iron particles into the lung? 19 A Right. 20 Q Can you give me your best perception of 21 how long before you got to American Brake this bus 22 went around the Country taking X rays? 23 A I don't know how long it was. 24 Q I mean, was it your perception it had been 25 there before you got there? 69 1 A Oh, yes, many years before I got there. 2 Q Did the bus do X rays of other companies' 3 employees, too; or was it limited to American Brake? 4 A Limited to American Brake Shoe employees. 5 Q Can you give me some idea of how often 6 each of the American Brake people could have been 7 x-rayed, then? Was it once a year? 8 A Once a year, annually. 9 Q And was it your perception that these 10 chest X ray films were kept there at the corporate 11 offices where Dr. Hamlin was? 12 A Right. 13 Q And the physician would have those 14 available to compare from year to year to look for 15 any changes? 16 A Correct. 17 Q Did you learn at any time of a laboratory 18 here in Chicago named Industrial Biotest? . 19 A Yes. 20 Q How far back in time did you learn of 21 Industrial Biotest? 22 A Well, I can't recall the exact. I knew of 23 them for quite a while. 24 Q Would it have been while you were at 25 Zurich? 70 1 A No, not while I was with Zurich. No, not 2 while I was at Zurich. 3 Q I was curious when you went to 4 Northwestern, and I understood that Dr. Calandra was 5 associated with the faculty at Northwestern. Did 6 you know him at Northwestern, by chance? 7 A Let me think back. Maybe that's where I 8 met him. Well, it could have been. I don't recall 9 whether he was working when I met him or working 10 toward his Ph.D. I'm not sure. 11 Q Did you generally learn about toxicology 12 in your beginning years as an industrial hygienist 13 as part of your training? 14 A Generally, that's correct. IS Q And this is something that Warren Cook 16 also gave you instruction on, did he? 17 A Yes . 18 Q Would -- You mentioned research that 19 Zurich was doing that Dr. Cook was -- I'm sorry. 20 A That was Warren Cook 's title. 21 Q Was Director of Research? 22 A Director of Industrial Hygiene and 23 Engineering Research. 24 Q Engineering Research. Can you tell me 25 some of the engineering research that Zurich would 71 1 have been involved with while you were an employee 2 there or earlier? 3 A Well, this is where the claims people 4 would come to him and discuss the claims. And he 5 was the technically trained person to discuss them 6 with. I mean, there was no engineering research, as 7 such, conducted. 8 Q I see. There were no physical 9 experiments -- 10 A No. 11 Q -- and research in that standpoint, just 12 that Mr. Cook was a consultant in the area of 13 engineering? 14 A That's correct. 15 Q Do you recall if Mr, Cook was trained in 16 engineering? 17 A No. His degree was chemistry. 18 Q There were safety people involved at 19 Zurich doing inspections of Zurich's insureds, as 20 well as industrial hygienists. Would that be right? 21 A Right. Right. 22 Q Did you have a name for the safety people 23 who would be doing the safety inspection for the 24 insureds? 25 A The name of the people, you mean? 72 1 Q A title. 2 A The title, Safety Engineers. 3 Q Were the safety engineers at Zurich indeed 4 engineers? 5 A I do not know what their backgrounds were. 6 Q Did you have any connection with the 7 safety engineers at Zurich as far as having them * 8 look out for industrial hygiene activities and them 9 having you look out for safety activities? 10 A Well, very often we went out together. 11 Q And would the safety engineers be looking, 12 then, for industrial hygiene concerns that you could 13 educate them about to be on the lookout for? 14 A Yes. If they saw something, they would 15 report it to us. 16 Q Would the safety engineer write industrial 17 hygiene concerns in their safety engineers' reports, 18 or would they merely pass that onto you and ask you 19 in industrial hygiene to go out and take a look? . 20 A They would pass information to u s . As far j 21 as their safety reports, I never saw their safety 22 reports. 23 Q You didn't get to see the safety 24 engineers' reports of the insureds? 25 A No. 73 1 Q Those would not have been in your insureds 2 files that you kept in Industrial Hygiene? 3 A No. If I needed some information, I would 4 go directly to the person who was at that facility, 5 who visited that facility, and ask him personally. 6 We were in the same department. 7 Q I've got an appreciation - and I'd like 8 for you to tell me if it's wrong or not - that your 9 first ten years of industrial hygiene practice 10 involved quite a bit of work in foundries. 11 A Oh, yes. Yes, particularly at American 12 Brake Shoe. 13 Q Would you say in your first ten years of 14 professional practice, you did more work in 15 foundries than any other class of business? 16 A As far as class of business, yes. 17 Q Well, category of business. 18 A Yes . 19 Q The dust exposures that are associated 20 with foundries, I think you told me that's where you 21 did most of your dust counts at Zurich. Would that 22 be so? 23 A Well, I also did them at American Brake 24 Shoe. 25 Q That was going to be my next follow-up. 74 1 Were most of your dust surveys that you did at 2 American Brake in the foundry operations? 3 A Foundry operations. That's right, sir. 4 Q And what was the primary exposure that you 5 were looking for to evaluate in foundries while you 6 were with American Brake? 7 A Well, we were looking for dust that 8 contained free silica. And, of course, the other 9 thing, they had a lot of bearing plants. We looked 10 for lead exposures; and, in fact, that was one of 11 the principal exposures that they had. 12 Q The technique that you would be using to 13 evaluate lead exposures in a bearing plant, how 14 would that sample be collected? 15 A With an electrostatic precipitator. 16 Q And would you be doing dust counts with 17 electrostatic precipitator samples? 18 A ' Let's see. Did we do any dust counts? 19 Well, the lead was analyzed chemically, not by 20 count. 21 Q So, the lead exposure evaluation, it was 22 lead dust in the air, lead fume in the air; but you 23 were actually doing an analytical procedure that was 24 a chemical procedure, not dust counting with a 25 microscope, correct? 75 1 A That's correct, yes. 2 Q So, if you're talking about collecting 3 dust samples and doing counting at American Brake, 4 that was foundry work primarily? 5 A Yes, primarily; although there were other 6 lead operations there, too. 7 Q What can you tell us about any efforts at 8 American Brake to coordinate what the medical 9 doctors were seeing on X ray with the air sampling 10 results that you were getting in industrial hygiene? 11 A We were in the same -- We reported to the 12 medical director; so, he saw all our survey- 13 reports . 14 Q Did you have any involvement with 15 Dr. Hamlin or the Medical Department in coordinating 16 findings on chest X ray with what you were finding 17 from an exposure standpoint in industrial hygiene? 18 A I don't understand your question. I mean, 19 we were in the same department. He saw all our 20 reports. We would have discussions, but -- 21 Q Dr. Hamlin was looking for evidence of 22 occupational diseases and other things in workers. 23 A That's correct. 24 Q You were out doing industrial hygiene 25 samples for exposures trying to reduce exposures as 76 1 2 3 4 5 6 7 8 . 9 10 low as you could for prevention of disease? A Right. Q And what I'm trying to find out is did you find out if there was still any disease in the American Brake work force that would tell you, "I need to push exposures even lower" or "Everything is fine" or --- A Well, there were still employees that had some silicosis. The reason American Brake Shoe started a Medical Department because in 1939 they 11 had a slew of claims - silicosis claims. And at 12 that point they decided to do something about it, 13 and they started the Medical Department. So, that's 14 when the Medical Department was started. 15 And probably for the time they had one of 16 the better Medical and Industrial Hygiene 17 Departments in the Country. 18 Q So, once American Brake made a commitment 19 to an occupational health program, they created what 20 you thought was one of the better programs in the 21 Country. 22 A That's correct. 23 Q And that included the medical monitoring 24 of their employees for lung diseases. 25 A Uh-huh. 77 1 Q It included an industrial hygiene work 2 force to go out and do periodic sampling of the 3 various workplaces. 4 A Right. ' 5 Q And your job as the industrial hygienist 6 was to drive exposures as low as you could 7 reasonably make them. 8 A Our job was to make sure that the worker 9 was protected. 10 Q And to protect a worker from an 11 occupational disease, the way to do that is to 12 control his exposure. 13 A That's correct. 14 Q And the way to minimize his risk is to 15 minimize his exposure. 16 A That's correct. 17 Q And the lower the exposure, the better. 18 A As long as the exposures were within 19 permissible limits that were available at the time. 20 Q Now, wait a minute, Mr. Siedlicki. Before 21 we took our last break you told me that it was a 22 professional thing to reduce exposures even though 23 you were below the permissible level or the 24 threshold limit value. Do you remember that? 25 A Yes . 78 1 Q Is that not still true, sir, that the 2 professional way to approach a workers' exposure is 3 to minimize their exposure even if you have 4 exposures below the threshold limit value? ` 5 A There are certain limits as far as 6 reducing exposure. You want to control the exposure 7 so that the workers will not - will not be exposed 8 to the extent that he will become ill. 9 Q Yes, sir. And threshold limit values are 10 guidelines. 11 A They were guidelines, and we followed 12 those guidelines. 13 Q Yes, sir. And because you knew they were 14 guidelines and not fine lines between safe and 15 dangerous, you had the professional view that you 16 should reduce exposures even though you will have 17 exposures below the threshold limit value. Isn't 18 that so? 19 A We wanted to reduce exposures so that the 20 worker would not get an occupational disease. 21 Q Yes, sir. 22 A I mean, we did everything possible to 23 control that exposure. 24 Q Yes, sir. And you would do so even though 25 the exposure was below the threshold limit value 79 ! 1 because threshold limit values were not fine lines 2 between safe and dangerous, correct? 3 A Yeah, they were guidelines to use for 4 developing engineering controls. 5 Q And, so, the professional thing to do, as 6 you told us before the break, was to -- 7 A You would want to get the exposures as low ' . 8 as possible, as possible. 9 Q Now, control techniques that were 10 available to you in the 1950s - and I will take it 11 as taught to you by Mr. Cook at Zurich - you have 12 mentioned engineering controls. Can you give us 13 some example of general engineering control 14 principles that you were taught in that era? 15 A Well, as far as engineering controls, if 16 there was overexposure, if there was a possibility 17 of changing the process, we would recommend the 18 shops 1 ventilation as the principal engineering 19 control. 20 Q Isolation? 21 A Isolation was used. Change of work 22 practice was very frequently used. 23 Q If dusts were involved, you would use wet 24 methods ? 25 A Wet methods. That's a work practice more 80 1 or less generally where dust was on the floor. 2 Q I'm sorry? 3 A Where there was an extensive amount of 4 dust on the floor, you would recommend wet sweeping, 5 rather than dry. 6 Q Or use of vacuum systems as opposed to 7 sweeping? 8 A Vacuums. 9 Q Or using hoses to wash down areas as 10 opposed to sweeping with a broom. 11 A Right. 12 Q Would you recommend against using 13 compressed air to blow dust off of surfaces and off 14 of workers' clothes -- 15 A Oh, definitely, yeah. IS Q -- as a dust control method? 17 A Besides, it's hazardous at times, besides 18 the dust that's spread. 19 Q I'm sorry? j 20 A Besides the dust that is spread. 21 Q And would you not recommend that workers 22 take showers and have clean clothing to wear home so 23 that they don't take dust to their homes? 24 A That's correct. That was recommended. 25 Q I take it that an area of recommendation, 81 1 then, that you would make to your insureds at Zurich 2 and to your plants at American Brake would be that 3 they have adequate wash facilities for the workmen? 4 A Yes. 5 Q That they be given locker space so that 6 they have a place to store their clean clothes and 7 to change into their dirty clothes for work at the 8 plant? 9 A Yes, that's right. 10 Q And those were industrial hygiene 11 principles and practices that Mr. Cook would have 12 - been teaching you back at Zurich starting as early . 13 as 1949, I take it? 14 A That's correct, yes. 15 Q And, of course, Mr. Cook had been involved 16 in industrial hygiene activities for some ten years 17 or so even before you came on the scene doing 18 essentially the same kind of work, had he not? 19 A Yeah. He worked for Hartford Insurance 20 Company. - 21 Q Doing industrial hygiene? 22 A Let's see. He worked for -- Yeah, he was 23 in the field very early. 24 Q And the principles and practices of 25 industrial hygiene that we have just gone through 82 1 starting with engineering controls all the way down 2 to general sanitation for workers, those principles 3 have been a part of the profession since at least 4 the 1930s, have they not? 5 A That1s correct. 6 Q And are still so today. 7 A That's right. 8 Q When you left American Brake in 1960, 9 where did you go next, sir? 10 A , National Safety Council. 11 Q And your title at the National Safety 12 Council? 13 A Director of Industrial Hygiene. 14 Q Was that a new position at the National 15 Safety Coi 16 A No. 17 Q And who held that position before you, 18 sir? 19 A Let's see. Just before, what was his 20 name ? I ; 21 Van Atta ] 22 the name < 23 Q That's all right. If it comes to you ... 24 A Yeah. 25 Q Industrial hygiene had been a part of the 83 1 National Safety Council's activities at least back 2 into the 1940s, had it not? 3 A Yes. 4 Q And I recall seeing publications of the 5 National Safety Council that went back into the 6 1920s concerning exposures to hazardous materials. 7 Do you recall those, as well? 8 A I've seen articles, yeah. 9 Q The National Safety Council had a 10 publication called "National Safety News"? ! 11 A Right. 12 Q And that went to all the members of the 13 National Safety Council? 14 A And to whoever subscribed to i t . 15 Q Such as the public libraries around the 16 Country. Would that be right? 17 A Right. 18 Q And you were the editor of one of the 19 industrial hygiene books for the National Safety 20 Council, were you not? 21 A Not the books, no. 22 Q Not the books. I'm sorry. I thought you 23 were. 24 A No. 25 Q Tell me about the National Safety 84 1 Council's publications or books on industrial 2 hygiene. 3 A Well, the first one on industrial hygiene, 4 it was Julian Olishifski. He followed me. 5 Q That's right. Olishifski. 6 And when did that first book just on the 7 subject of industrial hygiene from the National 8 Safety Council appear? Would you recall about when? 9 A Let's see. Probably about '66 somewhere. 10 Q Now, would you tell us -- First of all, 11 when did you leave the National Safety Council? 12 A I left in '62 - '62 or '63, yeah. 13 Q You were there about two or three years, 14 then? 15 A Yeah. 16 Q What did you do at the National Safety 1 17 Council as an industrial hygienist? 18 A I staffed the Chemical Section and 19 answered inquiries that came in that pertained to 20 industrial hygiene, ran some courses in industrial 21 hygiene and a course in radiation. 22 Q And these courses were for what purpose, 23 sir? ' 24 25 A These courses were directed toward the safety engineer who needed some background 85 1 information on industrial hygiene and in radiation 2 safety. 3 Q So, these were basically overview courses 4 to orient someone about the practice of industrial 5 hygiene who was really a safety professional. 6 A That's correct. 7 Q Can you give me some idea of how far back 8 in time the National Safety Council offered such 9 courses for safety individuals? 10 A I don't recall whether Floyd Van Atta 11 conducted any courses there. 12 Q When Mr. Van Atta was at the National 13 Safety Council, was he, too, available to answer 14 questions about members1 concern for industrial 15 hygiene? 16 A Yes. 17 Q Was that your major purpose and his was to 18 work with the members of the National Safety Council 19 on concerns of industrial hygiene? 20 A Yes. And not only members, but anybody 21 that might be concerned with industrial hygiene. 22 Q So, if I were down in Texas or Louisiana 23 in the 1940s and I had a question about industrial 24 hygiene and I didn't even belong to the National 25 Safety Council, I could call? 86 1 A Well, I don't know about 1940; but when I 2 was there, you could call and I would supply you 3 with information that you wanted. I wouldn't even 4 ask if you were a member. 5 Q Was there a charge for that? 6 A No. 7 Q What kinds of resources would you have had 8 at the National Safety Council to send someone who 9 called in with an inquiry? 10 A Well, we had a library - an extensive 11 library. 12 Q And the kinds of things in your library 13 would be what that you could send to someone like me 14 if I called you from Texas or Oklahoma? 15 A Well, there was the industrialhygiene 16 publications and, of course, a lot of safety 17 publications of all types. It was pretty extensive, 18 and you had the help of the staff librarians to 19 search something out. 20 I recall seeing health pamphlets that the 21 National Safety Council prepared even back in the 22 1920s. Is that the sort of thing that you would 23 have had available to send out to people making the 24 inquiries? 25 A Yes. The Chemical Section had quite a 87 1 number of data sheets that they prepared. 2 Q What about the American Conference of 3 Governmental Industrial Hygienists TLV list or 4 MACs? Would the National Safety Council reprint 5 those in its publications? 6 A I don't -- What? You mean the entire 7 list? 8 Q List or the discussions about different 9 aspects of the list. 10 A I don't recall seeing it - the list 11 reprinted in the "National Safety News." It may 12 have been. 13 Q Can you recall about how many members the 14 National Safety Council would have had in 1960 when 15 you joined? 16 A I have no idea. 17 Q Tens of thousands, at least? 18 A I d o n 11 know. 19 Q It was a big organization? 20 A It was a big organization, yes. 21 Q Even back in the 1940s when you first 22 began industrial hygiene, would you say it was well 23 known as a safety organization? 24 A It was well known, yes. 25 Q The National Safety Council had annual 88 1 meetings? 2 A Yes, they had an annual Congress, yes. 3 Q And I take it you participated in the 4 Congress while you were the Director of Industrial 5 Hygiene? 6 A Right. . 7 Q Had you been in any of those earlier 8 Congresses before you joined the National Safety 9 Council? 10 A I d o n 't recall. I may have. I d on't 11 recall. 12 Q Were they generally held here in Chicago - 13 the Congresses? 14 A 15 Q At that time they were held in Chicago. Tell us what a Congress was for the 16 National Safety Council as you knew it. 17 A Well, the Congress - the different 18 ' sections of the National Safety Council had 19 . presentations. These lasted several days. They 20 were organized programs. And then there was the 21 exhibit. There was a very large exhibit that they 22 had with several hundred exhibitors on safety 23 products. 24 Q Would the safety products exhibitors 25 include such things as respirators and other 89 1 personal protective equipment that workers could use 2 to limit exposures? 3 A Yes. 4 Q So, a person coming to a National Safety- 5 Congress could get quite an overview of the 6 practices that were ongoing in safety and health in 7 this Country? 8 A A very good overview of safety, yeah. 9 Q Well, as an industrial hygienist, would 10 you not make any presentations at the Congress? 11 A Oh, yes, I did. 12 Q And I take it you weren't the only one 13 making presentations at the Congress that covered 14 the occupational medicine area industrial hygiene? 15 A Well, there were many people that would 16 make presentations depending on what the program was 17 on each individual section. There was quite a 18 number of sections, and many people participated in 19 quite a number of sections. 20 Q Depending on what their interest or what 21 their industry was. 22 A Depending on what their industry was, yes. 23 Q And you mentioned the Chemical Section 24 already? 25 A X staffed that section, yes. 90 1 Q And the Chemical Section dealt generally 2 with chemical manufacturing and the chemical 3 industry? 4 A That's correct, yes. 5 Q And then the Congress, when it would meet 6 and people would make technical presentations such 7 as the ones you would make, would those have been 8 published after the Congress? 9 A Well, they had -- Excuse me. The 10 transactions were published, yes. 11 Q So, the various presentations that would 12 be made at a National Safety Congress, even if you . 13 couldn't get to the Congress in Chicago, you could 14 get the transactions, which was a reprint of what 15 was said there in the technical presentations -- 16 A Right. 17 Q -- and read that. Now, the transactions 18 of the National Safety Congress, were they only 19 available here in Chicago? 20 A Well, the National Safety Council was in 21 Chicago. 22 Q Yes, sir. 23 A So, one could obtain them from the 24 National Safety Council. 25 Did not the National Safety Council 91 1 distribute the transactions to various libraries 2 around the Country, too? 3 A I d o n 't know. 4 Q If I were down in Texas and I went to 5 Beaumont Public Library and asked for the 1950 6 National Safety Congress transactions, would you 7 expect I could get them? 8 A I don't know. Libraries are very 9 peculiar. Sometimes they collect a lot of 10 information in a certain field, and other times 1 11 discard everything. 12 Q And, of course, if they discarded it, 1 13 could obtain it from another library, could they 14 not? 15 A They could. 16 Q And if my library in Beaumont has 17 something called interlibrary loans? 18 A They would be able to get them. 19 Q Was there a physician at the National 20 Safety Council? 21 A No. 22 Q So, when it came to health-related 23 matters, the industrial hygienist was the first 24 place people would be sent? 25 A Yes. 92 1 Q Would that be so also if you had a concern 2 about an occupational disease or an exposure to 3 something that could lead to an occupational 4 disease? 5 A That would be sent to the industrial 6 hygienist. 7 I take it back. There was a physician for 8 one or two years that I worked there, but he was not 9 an occupational physician. 10 MR. HOBSON: Do you want to take 11 a break at this point? 12 MR. MARON: Sure. 13 THE VIDEOGRAPHER: We are off 14 the record at 10:51. 15 16 (A BRIEF RECESS WAS TAKEN.) 17 18 THE VIDEOGRAPHER: We are back 19 on the record at 11:14. 20 (By Mr, Hobson) ' 21 Q Mr. Siedlicki, during the break we were 22 looking through our computer documents here. We 23 have reference to an article called "Industrial 24 Dusts" that appeared in the National Safety Council 25 publication edited by Floyd Van Atta in 1935. 93 : i Could it be that Mr. Van Atta was back 2 there that long ago at the National Safety Council 3 to answer questions for people around the Country? 4 A I don't know whether he was there that 5 long or not. I have no idea. I don't know what 6 Van Atta's employment was prior to the National 7 Safety Council. 8 Q This shows him being at the National 9 Safety Council. 10 A Then I bet he w a s . 11 Q It was called "Health Practices Pamphlet 12 N o . 4." 13 Do you remember "Health Practices Pamphlet 14 No. 4" from 1935? 15 MR. MARON: Do you want to show 16 it to him? 17 MR. HOBSON: I don't have it 18 with me, or I would. But I do have 19 it. 20 A No, I don't recall it 21 (By Mr. Hobson) 22 Q Was the National Safety Council a 23 not-for-profit organization? 24 A Yes. 25 Q So, they were there to serve the public 94 1 good, as you appreciated it? 2 A Yes . 3 Q And that is what led to you answering 4 questions for whoever would call in that you had 5 information to help them with their particular 6 problems they might face. 7 A Right. 8 Q After you left the National Safety 9 Council, where did you go, Mr. Siedlicki? 10 A I went to the American Medical 11 Association. 12 Q And you were there starting in 162 or 13 A Yeah. 14 Q And about how long did you stay at the 15 A.M.A. ? 16 A It was nine and a half years. 17 Q So, that puts you to 1971 or '2? 18 A To '72. 19 Q What was your title at the American 2 0 Medical Association? 21 A The title was Assistant Director of 22 Occupational Medicine. Let's see. What was it? 23 Occupational Health? The Department of Occupational 24 Health. ' 25 Q And would you recall to whom you reported 95 1 there in the Department of Occupational Health? 2 A A Dr. Henry Howe. 3 Q Could you spell his last name, please? 4 A H-o-w-e. 5 Q Can you give me your appreciation of 6 D r , H o w e 's background? 7 A Well, Dr. Howe was in occupational 8 medicine. He practiced - - H e had a practice before 9 he came to the A.M.A., in Massachusetts. 10 Q And this job with the A.M.A., was located 11 where, here in Chicago? 12 A In Chicago. 13 Q Is the American Medical Association's 14 headquarters in Chicago? 15 A Yes. 16 Q The Department of Occupational Health at 17 the American Medical Association, would you have any 18 appreciation for how far back in time that goes? 19 A I1 don'1t1 know. IX do n 't . 20 Q Could you say if it was even decades? 21 A No, I d o n 11 know. I really don't know 22 Q What was the purpose of the Department 23 Occupational Health at the A.M.A. when you were 24 there? 25 A It is to provide information to the 96 1 physician - general practitioner who has had no 2 training in occupational medicine. So, there was a 3 Council on Occupational Health, of which X was the 4 assistant secretary and they ran a Congress annually 5 directed toward the general practitioner and the 6 sessions were on occupational medicine and some 7 industrial hygiene. 8 Q And these councils, you say they ran a 9 Congress? 10 A A Congress on occupational health. 11 Q Was there a record made of the Congress of 12 the A.M.A. similar to what the National Safety 13 Council had done in publishing a transaction or 14 something of that sort? 15 A No, that was not the procedure there. 16 There was no record made as such. Some of the 17 papers may be published in the "Archives of 18 Environmental Health" or in some other journal. 19 Q The "Archives of Environmental Health" was 20 an A.M.A. publication? 21 A That was an A.M.A. publication. 22 Q And then you had the "Journal of the 23 American Medical Association," as well? 24 A Right. 25 Q And I think numerous other publications of ' 97 1 2 3 4 5 6 7 , 8 9 10 11 12 13 14 15 16 17 the A.M.A. A Oh, yeah. There are quite a number, at least ten. Q So any of these papers may have been published in any of the A.M.A. journals or someone else's journal. A Right. Q Now, did you have an appreciation for the medical population of this Country a d how many of them actually had what you would consider good training in occupational health? A There weren't that many physicians that ' had that much training in occupational health. Occupational health was not taught in the medical schools - or occupational medicine. And this was the reason - the purpose of the Department of Occupational Health was to encourage medical schools 18 to provide training to the general practitioner in 19 occupational medicine. 20 Q In fact, the A.M.A. had done surveys of 21 medical school courses for decades and had 22 recognized the apposite, the lack of training in 23 occupational health that medical schools had been 24 giving for decade after decade, correct? 25 A Correct, yeah. 98 . ' 1 Q And if you're not trained in occupational 2 diseases, it's difficult for the average 3 practitioner to recognize them and take appropriate 4 action. Am I correct? 5 A That's correct. Unfortunately, a lot of 6 physicians were not familiar with the phrase that 7 Ramazzini wrote back in 1700. What do you do? 8 Q Ramazzini? 9 A What occupational -- 10 Q Ramazzini is considered the Father of 11 Occupational Medicine? 12 A Right. 13 Q And he is considered so because he learned 14 to ask his patients, "What do you do for a living?" 15 A U h -huh. 16 Q And that is what led him to find many ( . 17 occupational diseases that had been unrecognized by 18 generations of physicians earlier, correct? 19 A Right. 20 Q And, in fact, having the general 21 population of physicians in this Country not trained 22 in medical school about occupational diseases has 23 probably led to the misdiagnosis of what really was 24 an occupational disease for decades, correct? 25 A Yes, that's a good possibility. 99 1 Q Even a probability. 2 A Yes. 3 Q Well, if a physician was out there in 1962 4 and recognized he may not have some knowledge in 5 occupational health that he would like to have, what 6 were his options as far as you could tell him at the 7 A.M.A.? 8 A Well, he can write to the A.M.A. and such 9 correspondence would be sent to the Department of 10 Occupational Health and we would reply to it. 11 Q And what kinds of inquirieswould you get 12 from physicians around the Country? 13 A All types of inquiries - toxicity of 14 certain chemicals and protective equipment that 15 should be used. 16 Q And your job was to respond to these 17 inquiries if they were in your area? 18 A Yes, I did. Of course, we could also send 19 the letter to a specialist in a certain field so 20 that he would reply. 21 Q And would this specialist be in the 22 A.M.A.'s organization? 23 A He might be a member of the A.M.A. 24 Q Now, by 1962 did the A.M.A. have a section 25 of physicians that were dedicated to occupational 100 1 health? 2 A Well, it wouldn't be a section of 3 physicians, no. 4 Q A smaller group? 5 A The A.M.A. wasn't divided that way so -- 6 I mean, that one would list a physician 7 who had a specialty of occupational medicine. He 8 would list that's what his specialty is. 9 Q I see in earlier years the term 10 "industrial medicine" from the Twenties and 11 Thirties. Would industrial medicine have been the 12 earlier title for occupational health that the 13 A.M.A. used? 14 A Yeess.. 15 Q If I could go back just a little bit, 16 Mr. Siedlicki, you left American Brake in I960; and 17 how did you get the job over at the National Safety 18 Council? 19 A Well, they had an opening there. 20 Q And you were interested in changing jobs, 21 were you? 22 A Yes, at the time. 23 Q How did you get the job at the A.M.A.? 24 A They had an opening there. 25 Q Had you known D r . Howe before you took the 101 1 2 3 4 5 6 7 8 9 10 11 12 13 job there? A No, not before. Q Is this an advertized job that you found out about at the A.M.A.? A No, it was not advertized. I just -- Howard Schulz worked at the A.M.A. As a matter of fact, he had the position that I had prior to that time; and he let me know about it. Q Howard Schulz. And was Mr. Schulz retiring? A No. He transferred to the Department of Environmental Health, but there in the A.M.A. Q So, they had another department at the 14 A.M.A. that concerned environmental health separate 15 from occupational health? 16 A Yes. 17 Q And what was Mr. Schultz's background as 18 you appreciated it? . 19 A Prior to his work at the A.M.A., he was an 20 industrial hygienist for Abbott Laboratories. 21 Q So, he was an industrial hygienist for 22 Abbott, was he? 23 A Yes, Abbott Laboratories. 24 Q Could you spell Mr. Schulz's last name for 25 us, please? ' 102 1 A S-c-h-u-l-z. 2 Q Would you know if Mr. Schulz is still 3 living? 4 A I don't know. 5 Q Was he still in the Chicago area the last 6 you knew? 7 A He was still living in Gurnee, Illinois. 8 Q I'd like to go back, if I could, in your 9 work history. While you were at Zurich, you told us 10 about attending the American Industrial Hygiene 11 Association conferences; so, I take it that you were 12 a member of the organization at that time. 13 A X became a member in 1950. 14 Q Were there any other professional 15 organizations - you mentioned the local council, 16 too - but any other professional organizations that 17 you would have belonged to in the 1949 and later 18 era'!> , 19 A And later? 20 Q At Zurich. 21 A While I was at Zurich? 22 Q Yes, sir. 23 A Well, the American Chemical Society. 24 Q Any others that come to mind? 25 A Well, while I was at Zurich, I think thos: 103 1 were the only two then. 2 Q Did you participate' in any industry trade 3 activities while you were at Zurich? I understand 4 the insurance industry had several trade 5 organizations, and I wondered if you met with your 6 counterparts from other insurance companies in any 7 trade organization activities. 8 A No, X did not participate in any. 9 Q Would you know one way or the other if 10 Mr. Cook did? 11 A No, I don11t know. These trade 12 organizations, I don't know whether they had 13 occupational health sections. 14 Q Did you while you were at Zurich work with 15 any organizations such as the American Standards - 16 Association? 17 A Not while I was at Zurich, no. 18 Q Now, moving onto American Brake, the same 19 line of questions. I'd like to know your 20 professional associations that you would have been 21 involved with and then any of the trade 22 associations. 23 A Well, the same two professional 24 organizations that I mentioned previously. And as ' 25 far as trade organizations, no, I didn't - wasn't 104 1 2 3 4 ... 5 6 7 8 9 10 involved in any of the other trade organizations. Q Then after you moved to the National Safety Council, the same question. Did you change your affiliation with any or add to your affiliations of any professional organizations? A I don't recall when I became a member of the Health Physics Society. Q But at some point in your career, you joined the Health Physics Society? A Yes, and at some time later, the American 11 Public Health Association. . 12 Q Would you say that you joined the APHA, 13 the American Public Health Association in the 1960s? 14 A Yeah, that would be in the 1960s when I 15 was with the A.M.A, 16 Q What were your activities with the APHA? 17 A I attended the meetings of the 18 Occupational Health Section that they had. 19 Q The Occupational Health Section of the 20 A.M.A. - I'm sorry. The Occupational Health Section 21 of the APHA, it and its predecessors dated back into 22 at least the 1940s, did they not? 23 A I d o n 't know. 24 Q I thought maybe when you joined the 25 organization, you might have learned about their 105 1 history of activities. . 2 A I probably did, but I don't remember. 3 Q Fair enough. Tell me about the 4 Occupational Health Section of the APHA, what it was 5 and what you did there. 6 A I served on some of the committees, but I 7 can't recall. 8 Q Can you recall the general nature of the 9 committees that they would have had? 10 A No, I don't recall. 11 Q And while you were at the National Safety 12 Council, were you able to provide field services to 13 anybody? 14 A No. That was not our function. 15 Q You were merely a resource to give 16 information to people in the area of industrial 17 hygiene? 18 A That's correct. 19 Q Did you maintain a list of consultants at 20 the National Safety Council that you could give to 21 people so that they could find help in the field? 22 A I would give them names of consultants. I 23 didn't maintain any of those, but depending on what 24 area they were from. 25 Q What section of the Country? 106 1 2 3 4 5 6 . 7 8 A What section of the Country. Q S o -- A I would look up who the consultants were in that area. Q Where would you go to look for consultants in 1960? A Well, I knew a lot of industrial hygienists all over the Country at that time. In 9 fact, in those years you got to meet almost 10 everyone. So, you pick up the phone and get 11 information. 12 Q As I recall, there were a couple of 1 13 thousand members of the American Industrial Hygiene 14 Association in the Fifties and Sixties, give or take 15 a few. Would that be about right? 16 A When I was president of the association in 17 1973-74, there were 1,627. That's all. 18 Q And you knew pretty much all of them. 19 A Well, a great number of them. I wouldn't 20 say "all." 21 Q In the 1960s, were there consultants out 22 there that one could hire if you had a field problem 23 that needed to be evaluated? 24 A Oh, yes. 25 Q How about even back in 1949 when you 107 1 joined Zurich -- 2 A Well, Dr. Sappington was a consultant. 3 Q Now, he was here in Chicago? 4 A In Chicago, yeah. 5 Q If I were down in Texas and I needed an 6 industrial hygienist, any idea what I would do down 7 there? 8 A Well, I would have called somebody in that 9 area and asked who was doing consulting work. There 10 weren't too many people doing consulting work in 11 those areas in those years. 12 Q But they were there? 13 A They were there. 14 Q And the American Industrial Hygiene 15 Foundation did consulting work, did they not? 16 A I think they did some for their members. 17 Q How about Professor Drinker up at Harvard? 18 A Right. He did consulting work. 19 Q And he did it pretty much nationwide from 20 what I've seen, correct? 21 A Right. 22 Q I wanted to ask you about some of the 23 general texts that you might be familiar with. 24 Drinker and Hatch's text on industrial dust -- 25 A Industrial dust, yes. 108 1 Q -- would you recognize that as being an a 2 authoritative text for its time? 3 A For its time, yes. 4 Q And, of course. Professor Drinker was up 5 at Harvard School of Public Health; and Professor 6 Hatch was at the University of Pittsburgh? 7 A University of Pittsburgh. 8 Q And both of these institutions had 9 programs in industrial hygiene going back into the 10 1930s and Forties? 11 A I don't know when they started. 12 Q The first textbook on industrial dust by 13 Drinker and Hatch was published in the Thirties -- 14 A Uh-huh. 15 Q ;-- correct? 16 A I don't know when it was published. 17 Q Certainly you had access to the first 18 edition of Industrial Dust by Drinker and Hatch. 19 A Yes. 20 Q Would you know if Dr. Cook was familiar 21 with the industrial text -- I'm sorry. Start over. 22 Would you know if Mr. Cook at Zurich was 23 aware of the existence of Industrial Dust by Drinker 24 and Hatch? 25 A There was a copy in the library - in his . 109 1 library. 2 Q Did he tend to refer you to that book or 3 disfavor it or can you tell me anything about it? 4 A Oh, I can't tell you anything like that. 5 I knew he had the book. 6 Q Would you know of any relationship between 7 Mr. Cook and Professor Drinker? 8 A Well, they were very friendly. 9 Q They were not adversaries? 10 A N o . Why? 11 Q ' I beg your pardon? 12 A Why? 13 Q I d o n 11 know. 14 A No, they were good friends. 15 Q Did you ever overhear them having any 16 disagreements? 17 A No, I did not. 18 Q Did Dr. Cook -- I'm sorry. Did Mr. Cook 19 ever let you know that he was displeased with any of 20 Professor Drinker's views? 21 A No. 22 Q Did you ever participate in any of the 23 A.S. A . , American Standard Association, activities in 24 your career? 25 A Yes, I was on one of the committees 110 1 Q Do you recall who your employer was at the 2 time? 3 A It was the A.M.A. 4 Q So,. that would have been the '62 to '72 5 time period? 6 A Yeah. 7 Q But you don't recall what committee it 8 or the topic? 9 A Well, there was a committee on personal 10 protective clothing. And there was some other 11 committee, but I don't recall it. 12 Q The American Chemical Society that you 13 were a member of from your early days, I guess -- 14 Did you join the A.C.S. while you were still in IS college as a chemistry major? 16 A Yes . 17 Q 18 A Student Section? Yes. 19 Q Did you learn that they had quite an 20 extensive publication list, as well? 21 A Well, I knew they produced publications 22 b u t -- 23 Q Chemical abstracts? 24 A Chemical, yes. 25 Q Chemical abstracts was -- Ill 1 A They had a lot of journals. 2 Q And they had different sections of the 3 American Chemical Society and each section typically 4 had a journal? 5 A Yes. 6 MR. MARON: Are you talking 7 about generally anytime? 8 MR. HOBSON: Yeah, anytime that 9 he would know about. 10 (By Mr. Hobson) 11 Q Am I right, Mr. Siedlicki, the American 12 Chemical Society, as far as you know, had general 13 sections; and each section each had generally their 14 own publication in its area of interest? 15 A Well, they had many more sections than 16 publications. 17 Q The rubber industry had -- There was an 18 American Chemical Society section for the rubber 19 industry, was there not? 20 A I don't know whether -- I don't know. . 21 Q Chemical abstracts - there was, again, an 22 abstracting service that covered periodicals and any 23 publication that concerned chemicals in general? 24 A That's correct. 25 Q So, you could go and find a small 112 1 paragraph on different papers that had been 2 published around the world that were of interest to . 3 chemists in general? 4 A Right. , 5 Q And that would include articles on 6 toxicology, would it not, involving chemicals and 7 materials of that kind? 8 A Yes, 9 Q And were you not as part of your training 10 shown how to use chemical abstracts and be able to 11 research through the medical and scientific 12 literature chemical abstracts to find articles on 13 toxicology, as well as other subjects? 14 A Oh, I probably did that. 15 Q And that would have been so back in your 16 college days at Northwestern and DePaul? 17 A Yes. I had to go to chemical abstracts as 18 far as the research work that X was doing at DePaul. 19 Q Was your education at the time when 20 foreign languages were required? 21 A Yes. 22 Q And which language were you able to study? 23 A Well, I studied German in school; but I 24 didn't take the examination in German. I took it in 25 Polish. 113 1 Q Polish? 2 A That's correct, because my advisors argued 3 that you have to take it in a modern language - any 4 exam in any modern language. I asked them if Polish 5 was a modern language and it was and they did teach 6 it at Northwestern and also taught it at DePaul. 7 So, I won the argument. 8 Q Very good. 9 A And the reason I didn't take it in German 10 was because many years had passed since I studied 11 German, and there was a war in between. 12 Q Would it be so that you were able to read 13 and understand scientific German with the aid of a 14 dictionary? 15 A With the aid of a dictionary, yes. When I 16 did my research work at DePaul, I read German . 17 articles. 18 Q And it really wasn't that unusual for . 19 chemists in the 1940s being educated in American 20 universities to be trained in German because that 21 was one of the major scientific languages of the 22 world, was it not? 23 A It was, yes. 24 Q And the Germans were known for their ' 25 scientific advances in the industrial age; and part 114 . . 1 of what you were expected to do as a professional 2 chemist was to be able to keep up with the world's 3 literature, including the German literature, 4 correct? 5 A Well, in the field that you were in, yes. 6 Q ; Yes, sir. Do you recall, Mr. Siedlicki, 7 if any of your work at the National Safety Council 8 involved asbestos? , 9 A Well, some of the articles I reviewed that 10 were published were on asbestos. 11 Q Would you recall any of those any more 12 specifically? 13 A Well, one time I abstracted an article and 14 I think it was published in the archives on 15 environmental health on cases of cancer from 16 asbestos - from a worker having asbestosis and 17 developing cancer. 18 The question was whether it was caused by 19 smoking or by his asbestos exposure. 20 Q Did you know Dr. Anthony Lanza? 21 A I did not know him personally. 22 Q You knew of him, I take it, though? 23 A I knew of him. 24 Q Were you familiar with his textbook on 25 silicosis and asbestosis from the late 1930s? 4 / 115 1 A I don't recall. 2 Q You're, I guess though, generally aware 3 that reports in the medical and scientific 4 literature of asbestos and lung cancer go back to 5 the 1930s; is that so, sir? 6 A I'm not sure. I wasn't aware of that. 7 Q You don't recall seeing in the "Industrial 8 Hygiene Foundation Digest" abstracts of literature ' 9 even in the late Forties and early Fifties 10 concerning cancer and asbestos workers? 11 MR. MARON: Mr. Hobson, if you 12 have something to show him, I'm sure 13 Mr. Siedlicki would love to review it 14 and answer your questions. 15 MR. HOBSON: Sure. 16 A I haven't researched it. I looked at the 17 Industrial Hygiene Digest many, many times. I don't 18 recall all of what I read. 19 (By Mr. Hobson) 20 Q Do you recall Mr. Cook giving you any 21 instruction concerning cancer in asbestos workers at 22 any time? . 23 A No, I don't recall. 24 Q Do you have any impression one way or the 25 other if Mr. Cook was keeping up with the medical 116 l 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and scientific literature in this area of asbestos and cancer? A Well, he kept up with the entire field of industrial hygiene, . Q But you can't recall Mr. Cook ever having a discussion with you concerning cancer in asbestos workers? A No. We did not discuss cancer and asbestos in those years. It was much later that cancer became associated with asbestos considerably. Q When do you put in your mind your first discussion or beginning recognition of some association between cancer and asbestos? A Somewhere around in the early Sixties. Q Was it your appreciation, then, that this article that you summarized for the American Medical Association was the first time that any association had come to your attention between cancer and asbestos? A I don't recall. Q And you were working for American Brake Shoe in 1955 -- A Right. Q -- at least the later part of '55. Do you remember Dr. Hamlin there ever discussing with 117 1 you or you with he of Sir Richard Doll's work on 2 asbestos workers and lung cancers in England? 3 A I don't recall any discussion like.that. 4 Q Are you today aware of Sir Richard Doll's 5 publication from 1955 on lung cancers in asbestos 6 workers? 7 A No. 8 Q Did you know of Dr. Hueper? 9 A Yes, I know Dr. Hueper. 10 Q How far back in time did you know 11 Dr. Hueper? . 12 A Well, I once heard him talk at the Chicago 13 Medical College in Chicago. 14 Q Can you put a time on that? 15 A Probably -- A time? 16 Q Yes, sir, an approximate date. 17 A About '52. 18 Q Was he with the National Cancer Institute 19 by that time? 20 A He was well known at that time for his 21 publications on cancer. 22 Q I'm sorry. I didn't hear you. - 23 A He was well known at that time for his 24 publications on cancer. He published a book, and I 25 don't recall what year that was published. But I 118 1 2 3 4 5 6 . 7 8 9 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did refer to the book many times - to his book. Q Occupational Tumors and Allied Diseases? A - Is that what the title was? Q 1942? A Yes. Q You say you did refer to that book many times? A Uh-huh. Q Well, where would you have had that book to refer to? A Well, we had it at Zurich Insurance. Q Do you recall referring to Dr. Hueper's book on Occupational Tumors and Allied Diseases concerning asbestos? A No, I didn't look up asbestos at that time. It was something else. Q Do you know if -- A I don't remember exactly what. It probably was bladder tumors. Q And did you know that Dr. Hueper had worked for Du Pont in the late 1930s? A I don't know. I didn't know. Q I think that1s, where he got his experience with bladder tumors. A 'Uh-huh. 119 1 Q Do you recall the topic of Dr. Hueper's 2 presentation in 1952, was it? 3 A Yes. No, I don't recall the topic. . 4 Q Let's see. In '52 you would have been 5 working for Zurich? 6 A For Zurich, yeah. 7 Q What took you to the University of Chicago 8 to hear this presentation? 9 A Well, it was not the University of 10 Chicago. It was the Chicago Medical School. 11 Q Oh, I beg your pardon. What took you over 12 to the medical college to hear Dr. Hueper's 13 presentation? 14 A I went with Warren Cook. Warren Cook 15 wanted to attend, and he wanted me to meet ' 16 Dr. Hueper. I don't recall exactly what the subject 17 was, but the fact that Dr. Hueper was speaking was 18 of interest enough to attend. 19 Q And Mr. Cook, was he an antagonist of 20 Dr. Hueper's? 21 A No. 22 Q Did you know if Mr. Cook -- Was he taking 23 you there, then, to meet a colleague in the field 24 and hear someone in the field who was well known on 25 the subject to speak? Was that your impression? 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 A That wasn't the only purpose he went there. He went there because he himself was interested in what was going to be said. Q Are you talking about what Dr. Hueper had to say in the way of occupational disease and occupational cancers? A I don't recall what the subject was at the present - at that time. We are going back -- That's over 40 years. Q Yes, sir. A I wish my memory was that good that I could recall everything. Q I wish you could, too. I'd like the details. Can you give me your recollection of what part you still do have of Dr. Cook coming to you to take you to hear Dr. Hueper? A I can't give you the details. I don't know the details. I don't recall. I don't recall. Q But basically Mr. Cook came and got you there at your work and said, "Dr. Hueper is going to . be at the Chicago Medical College giving a lecture. I want you to come with me and meet him. I'm . 24 interested in what Dr. Hueper has to say"? 25 A That's essentially what happened. 121 1 Q That's about all you recall? 2 A Yes. 3 Q After Mr. Cook heard Dr. Hueper speak, did 4 Mr. Cook seem to be upset with what Dr. Hueper had 5 to say? 6 A No. 7 Q Did you ever hear Mr. Cook to offer 8 criticisms of Dr. Hueper? 1 9 A No. 10 Q As far as you knew from Mr. Cook, 11 Dr. Hueper was just a person who was well known in 12 this area of interest of Dr. Hueper's, and he wanted 13 you to meet him? 14 A Well, Dr. Hueper was a controversial 15 figure; but that's about all I can say about that. 16 Q Of course, Dr. Hueper's main interest, as 17 you said, was occupational cancer. 18 A It was cancer in general, not just 19 occupational. 20 Q 21 A Including environmental cancer and others? Yes. 22 Q Do you recall in the 1950s anyone ever ' .. . 23 telling you that they believed that the threshold 24 limit value for asbestos was too high? 25 A In the 1950s? 122 ^ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 , Q Yes, sir. A I don't recall. Q Did you ever become a member of the ACGIH? A No, I could not become a member. Q You were never an ex-officio member from industry, either? A No. Q Did you know that there were ex-officio members of the ACGIH TLV committees? . A There were consultants. I know they were not members of the committee. Q Right. A They were consultants, and these are limited as consultants in the TLV book. Q And you were never one of those? A No. Q Do you remember any of the consultants to the ACGIH TLV committees? . A Mitch Zavon was a consultant for a long period of time. Torkelson from Dow was a consultant. Oh, there were a number; but I don't | 1 i ' 22 recall their names. 23 Q If you as a practicing industrial 24 hygienist, professional in the field, had gained 25 information in your work that led you to believe 123 1 that a threshold limit value was too high, was not 2 protective, would you have felt an obligation to 3 pass that information onto the ACGIH? 4 A If I had the data to show it, yes. 5 Q And would that be because people around 6 the Country were relying on ACGIH TLVs to be as 7 accurate as possible? 8 A Yes. The ACGIH Committee, it depended a 9 great deal on industry to provide information to 10 them because that information was not available 11 anywhere else. That's where they got their -- The 12 companies like Du Pont and Dow that did a tremendous 13 amount of research work had such information; and if 14 I had such information, I would have provided it. 15 Q And would you expect and rely on other 16 health professionals if they had such information, 17 to also pass it on to the ACGIH? 18 A If they had good data, yes. 19 Q And, in fact, to have good data that a TLV 20 was not protective would be to sacrifice the lives 21 of people who were exposed to this material, 22 correct? 23 A Now, what was that, again? 24 Q Yes, sir. If you had information that a 25 threshold limit value was not protective and, in 124 1 fact, people were getting disease at exposures below 2 the threshold limit value, if you didn't pass that 3 onto the ACGIH for consideration, you could be 4 allowing others to contract occupational diseases. 5 Isn't that so? . 6 A Well, that's correct, yes. 7 Q Was it your impression that professional 8 industrial hygienists viewed this as a duty, as part 9 of their profession in protecting the health of 10 workers to be on the lookout and to pass on 11 information to the ACGIH if they believed and had 12 good data that a TLV was not protective? 13 MR. MARON: Objection. 14 Herschel, are you asking this 15 Witness his opinion as a practicing 16 industrial hygienist himself or as a 17 an opinion on an industrial hygienist 18 as a profession? 19 MR. HOBSON: I'm asking him his 20 opinion of the profession. 21 A I would expect the professional industrial 22 hygienist if he is doing professional work to pass 23 such information if he had very good data. ' 24 (By Mr. Hobson) 25 Q And whether it was a practicing industrial 125 1 hygienist or an occupational health physician, 2 medical people with such information in your view 3 would have an obligation to pass this onto to the 4 ACGIH to protect the health of other workers, 5 correct? 6 A Well, I don't know about the word 7 "obligation." Nobody required them to do it, but 8 they should do it. 9 Q You would view it as a professional 10 obligation, if not a legal obligation? 11 A That's correct, yeah. 12 Q We have come across a trade association 13 for the insurance industry, and I don't know if you 14 will recognize it or not. 15 A I d o n 't know. . 16 Q The Association of Casualty and Surety 17 Companies? 18 A That was the stock company organization. 19 Q Which category would Zurich have fallen 20 into? 21 A The stock. They were not a mutual. , 22 Q So, would Zurich to your knowledge have 23 participated in this Association of Casualty and 24 Surety Companies? 25 A Well, Zurich did. They were members of 126 1 that. To what extent Warren Cook did, I don't 2 know. I did not participate in it. 3 Q Would you know one way or the other, 4 Mr. Siedlicki, if American Brake Shoe ever had any 5 cases of asbestosis? 6 A I don't know. 7 Q Would Dr. Hamlin just not have shared that 8 kind of information with you if it existed? 9 A If it was important for me to know, he 10 would have shared it. If somebody had asbestosis . 11 way back when and the operation was already .. 12 controlled, there was no reason for him to give 13 confidential information to me - medical 14 information. This is a very tricky area. 15 Q Would it be, then, that you in industrial 16 hygiene at American Brake did not even see summaries 17 of either reported cases of asbestosis and other i . . 18 pneumoconioses that the company found?- 19 A Well, as I mentioned before, in 1939 they 20 had a tremendous number of cases. These were 21 silicosis cases primarily. 22 Q Yes, sir, you said that. 2 3 A And they still -- When I worked there, 24 they still had some of those employees; but there 25 was no need for me to see these employees1 records. 127 1 Q I understand that. 2 A Yes. 3 Q That would be his confidential medical 4 records. 5 A That's correct. 6 Q And, so, I was trying to find out if you 7 were given summaries perhaps by Dr. Hamlin or 8 someone else in Medical that would say that this 9 year we have had this many new cases of these 10 occupational diseases reported at the various 11 facilities? 12 A I don't recall such summaries. 13 Q When you were at American Brake, did you ' 14 feel that you in industrial hygiene had enough data ' 15 so that you could say that you had determined the 16 exposures of your employees who were potentially 17 exposed to asbestos? 18 A When I got there, the asbestos was all 19 very well controlled and exhaust ventilation on all 20 their hoppers. They had problems at one time, but 21 these were controlled. 22 Q So, people who came before you had already 23 addressed that issue; and as far as you could tell, - 24 had resolved whatever problems there might have ' 25 been? 12 8 1 A Yes. There were -- We did not have any 2 elevated exposures to asbestos when I was there. 3 Q And was it so that you employed your 4 engineering controls and your other work practices . 5 to continue to minimize the exposures to those 6 people potentially exposed to asbestos in the 7 American Brake operations? 8 A As I said, they were very well 9 controlled. Yeah, we had good mechanical 10 ventilation; and it controlled the exposures. 11 Q And then I take it from time to time, you 12 would monitor those employees working in these 13 controlled exposures to make certain that the 14 controls were still being effective and that the 15 exposures were still as low as they could possibly 16 be. 17 MR. MARON: Objection to the 18 form of your question. He already 19 testified earlier there is a 20 difference in monitoring the 21 employees and the use of the midget 22 impinger. 23 You can go ahead and answer it, 24 Mr. Siedlicki. 25 A We monitored them - the employees - to see 129 1 if the employee was exposed and whether the exhaust 2 ventilation was effective. 3 Q X thought that's what I asked you. I 4 apologize if it was not clear. 5 Now, when you walked up to the asbestos ' 6 operations there at American Brake, were you able to 7 see visible dust in the air? 8 A No. ` " 9 Q After you took an air sample, would you 10 find that, in fact, there had been some dust in the 11 air? . 12 A Yes, there was some. 13 Q In fact, if you have exposures to asbestos 14 of 5 million particles per cubic foot, that's not 15 visible with the naked eye, is it not? 16 A It's only visible if you shine a light 17 through it. You get the Tyndall effect. 18 Q And the Tyndall effect still only has an 19 effect on particles that are above a certain size, 20 correct? 21 A Right. 22 Q And that1s generally larger than the 23 particles that are breathed deep into the lung, 24 correct? 25 A Yeah, that's right. 130 1 Q And, so, if you're talking about particles 2 in the air that are a health hazards even at 3 5 million particles per cubic foot, those are not 4 visible to the naked eye. 5 MR. MARON: I object to this 6 whole line. It depends on what type 7 of exposures you are talking about, 8 under what type or kind of 9 conditions, what type of job 10 settings. 11 So, if you can narrow it down 12 for the Witness, I think that would 13 be helpful, Herschel. 14 Q Do you need more information, 15 Mr. Siedlicki? 16 I mean, it doesn't matter what 17 conditions. 5 million particles per cubic foot of 18 any dust that's of respirable size is impossible to 19 see with the naked eye under any conditions; is it 20 n o t ,, sir? 21 A This is right. This is right. 22 MR. HOBSON: I was just 23 instructed that it's lunchtime if 24 this is a convenient time for you, 25 Mr. Siedlicki? 131 1 THE WITNESS: It's fine. 2 MR. HOBSON: Let's do it. 3 THE WITNESS: I never miss 4 lunch. 5 THE VIDEOGRAPHER: We are off 6 the record at 12:10. 7 8 (AT 12:18 P.M. THE DEPOSITION 9 WAS RECESSED FOR LUNCH. AT 10 1:48 P.M. PROCEEDINGS RESUMED AS 11 FOLLOWS:) 12 13 (A BRIEF RECESS WAS TAKEN.) 14 15 THE VIDEOGRAPHER: We are back 16 on the record at 1:48. 17 18 (AN OFF-THE-RECORD DISCUSSION WAS 19 HELD) 20 21 (By Mr . Hobson) 22 Q We were talking about some of your earlier 23 work ; and I wanted to move on with that, if I could, 24 sir. 25 A Can I mention that you asked me who 132 1 preceded me at the National Safety Council? - 2 Q Yes, sir. 3 A It was Ed Alpaugh. 4 Q Ed Alpaugh? 5 A Ed Alpaugh. 6 Q Alpaugh, A-l-p-a-u-g-h? 7 A Correct. 8 Q And is it your understanding that Mr. Van 9 Atta was there earlier than Mr. Alpaugh? 10 A Yes, he preceded Ed Alpaugh. 11 Q Where did you go "to work after the A.M.A.? 12 A Amoco. 13 Q And, so, you were gone to Amoco sometime 14 in about '72? 15 A April of '12. 16 Q 17 A 18 Q 19 A And for how long did you work for Amoco? 13 1/2 years. So, that would put you to about 1985? Well, I retired the first of January, 20 1986. 21 Q And when you went to work at Amoco, there 22 was already an existing industrial hygiene program? 23 A Yes. 24 Q How many industrial hygienists were there 25 at Amoco when you came in '72? 133 1 A 2 Q 3 A 4 Q 5 A 6 Q 7 A 8 Q 9 A 10 Q Three. There was Mr. Halley -Paul Halley. -- yourself, and who else Well, there were two more. Oh, I'm sorry. Bill Brown and John Brower And Brower is B-r-o-w-e-r? Yes. And Bill Brown went on to ] 11 he? 12 A Phillips Petroleum. 13 Q And,Mr. Brower? 14 A He retired and passed away. 15 Q I see. I don't know Mr. Brower s 16 background. Can you tell me anything about 17 M r . Brower? 18 A Well, he came from the Michigan Department 19 of Health. 20 Q And would you have some appreciation for 21 when he joined Amoco? 22 A I d o n 't know. 23 Q Was Mr. Brower an industrial hygienist 24 with the Michigan Department of Health? 25 A Yes. 134 1 Q Had you met Mr. Brower before he joined 2 Amoco? 3 A Not before he joined Amoco, no. 4 Q I take it when Mr. Brower moved from the 5 Michigan Department of Health to Amoco, he would 6 have joined the local section; and you would have 7 met him at the meetings? 8 A I don't know whether he attended the local 9 section meetings. 10 Q Did Mr. Halley? , 11 A Yes, Mr. Halley did. . 12 Q And do you recall about when Mr. Halley 13 joined Amoco? 14 . A 1953. 15 Q And, of course, Mr. Halley was an 16 experienced industrial hygienist when he joined 17 Amoco having done industrial hygiene work during the 18 war. 19 A He was with the Virginia Department of 20 Health. ' 21 Q And before that, worked at the Public 22 Health Service during the war years? . 23 A That, 1 d o n 11 know. I'm not aware of 24 that. 25 Q Okay. And Mr. Halley came to Amoco from 135 1 the West Virginia Department of Health just before 2 joining the company, correct? 3 A That's correct. 4 Q If I remember correctly, I think I saw 5 Mr. Halley's name in either the "Journal" or the 6 "Synergist," where he is one of those few ' 7 individuals who's been a member of the AIHA for more 8 than 50 years. 9 A That was mentioned, yeah, in the last 10 "Synergist." 11 Q He's been an industrial hygiene 12 professional for some 50 years or more? 13 A That's correct. 14 Q When you joined Amoco in 1972, what were 15 your duties? 16 A I was Director of Industrial Hygiene. 17 Q And did Mr. Brower and Mr. Brown report to 18 you? 19 A Yes. 20 Q And what was Mr. Halley's title at that 21 time? Would you recall? 22 A He was Director of Industrial Hygiene, 23 Toxicology, and Safety. 24 Q And was - - D o you recall who Mr. Halley 25 was reporting to in '72? . . 136 1 A Dr. Wolkonsky. 2 Q And Dr. Wolkonsky had been with Amoco for 3 about how long, sir? Would you know? 4 A Well, I don't know how long. It was 5 several years before I came to Amoco. 6 Q Do you recall who the medical director 7 would have been when Mr. Halley joined the company? I I 8 A I don't recall. 9 Q Was it your appreciation that Mr. Halley 10 had been hired into the Medical Department, though, 11 of Amoco? 12 A When he started, I don't know to whom he 13 reported. 14 Q Do you know what has become of 15 Dr. Wolkonsky? 16 A He retired. 17 Q Is he still living in this area, or would 18 you know? 19 A He's still living. I don't know where he 20 is living ' 21 Q What's his first name - Peter? 22 A Peter. His name was not Wolkonsky when he 23 joined Amoco. 24 Q What was his name when he joined? 25 A It was John Peter Malia. 137 1 Q Could you spell that,please? 2 A M-a-l-i-a. 3 Q M-a-l-i-a? . 4 A , (Witness nods head affirmatively.) 5 Q I guess I'mfascinated. Imust ask: Do 6 you know why he changed his name? You taught him 7 Polish? 8 A Wo. That's Russian. 9 Q I 'm sorry. 10 A I don't know. I only have to speculate 11 Q Never mind. 12 How did you get the job with Amoco? 13 A Paul Halley gave me an offer. 14 Q He had an opening come up; and he knew ; 15 through the local section activities here in 16 Chicago, I take it? 17 A No. We were active in national 18 organization. He was president at the time, and 19 was the incoming president. 20 Q Of the American Industrial Hygiene 21 Association? 22 A Right. 23 Q So, not only did you work on the local 24 level. You worked on a national level as 25 professionals in a professional organization. 13 8 1 A . Right. 2 Q Would youregard Mr.Halley as a 3 professional industrial hygienist in every way? 4 A Yes. 5 Q Someone thatcertainly wasknowledgeable 6 of the medical and scientific literature and one who 7 kept up in his profession? 8 A Yes . 9 Q Would you put him up there at the top in 10 the field of industrial hygiene as far as abilities? - \ 11 A Yes. ' 12 Q When you joined Amoco in 1972, can you 13 give me some idea of the scope of the company or the 14 part of it th t you were responsible for? 15 A Well, I was - being Director of Industrial 16 Hygiene,, I was responsible for all the industrial 17 hygiene activities. 18 Q Would that have been international, as 19 well as domestic? 20 A At that time we did not make international 21 visits. 22 Q Did that come later? 23 A They came later, yeah. 24 Q About when did international visits become 25 part of your duties? 139 1 A Well, i wouldn't say it was part of my 2 duties. We had facilities internationally. We 3 became - It never became part of my duties. 4 Q Just so I'm clear, in '72 when you joined 5 Amoco, are you saying that Amoco only had U.S. 6 operations or they had international operations; but 7 your job did not include providing services to 8 international operations? 9 A That's correct. That one. 10 Q The latter? 11 A Yes. . 12 Q So, it was an international company; but 13 your job focused on domestic activities here in the 14 United States. 15 A That's right. 16 Q Can you recall approximately how many 17 refinery operations you were responsible for in the 18 United States when you joined Amoco? 19 A There were ten United States refineries. 20 Q And can you recall where those might have 21 been or at least most of them? 22 A Well, they were all over. The two largest 23 ones, one was in Texas City and the other large one 24 was in Whiting. 25 Q That's Whiting, Indiana? 140 1 A 2 Q 3 A Whiting, Indiana. That's here in the Chicago area? That's right. 4 Q And did you have any other refinery 5 operations in the south or southwestern part of the 6 United States? 7 A No. Texas City was the only one in the 8 southwest. 9 Q Nothing in California? 10 A No, we didn't have anything in California. 11 Q And nothing in Louisiana? 12 A No. 13 Q Did you have petrochemical operations, as 14 well as refining? 15 A Yes. 16 Q And can you give me some scope of what the 17 petrochemical operations were, please? 18 A Well, there were five chemical - large 19 chemical plants.. 20 Q And can you recall where those were, 21 please? 22 A Well, one was in Texas City. Another was 23 in Chocolate Bayou; Decatur, Alabama; and North 24 Carolina . There was four. X missed one. 25 Q The Texas City operations - can you recall . 141 1 the principal product lines that were being made 2 there? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A In the chemical plant? Q Yes, sir. A Well, they had a styrene plant. X don 11 remember all the chemicals they Offhand manufactured. Q That's okay. We are still talking 25 yearsi a g o . A Yeah. Q So, I can understand, Chocolate Bayou - : that an ethylene plant? A Yeah. It was polyethylene there, yeah. Q Did they make the polymer as well as the monomer at Chocolate Bayou? A The polymer. Q Was there an ethylene plant somewhere? A I don't think so. Q I take it you also had - your duties included production operations? A Production operations, yes. Q Exploration? A Yes . Q Marketing? . A Marketing. 1 Q Pipeline? 2 A Right. 3 Q Transportation? 4 A Right. 5 Q So, you had responsibility for an 6 integrated oil company, as well as its related 7 chemical operations nationwide. 8 A Yes. 9 Q And about how many employees would we be 10 talking about in that era, sir? 11 A At this time there were 56,000 employees. 12 This is worldwide. 13 Q That was what? ' 14 A Worldwide. 15 Q Would you remember about how many of those 16 people were U.S.? 17 A No, I don't recall. 18 MR. MARON: Just so the record 19 is clear, are we talking about 56,000 20 people in operations or corporate 21 wide? 22 THE WITNESS: Corporate wide. 23 MR. HOBSON: That's what I 24 understood. 25 (By Mr. Hobson) 143 1 Q Did your jobs include field industrial 2 hygiene at this point being the Director of 3 Industrial Hygiene for Amoco? 4 A I beg your pardon? 5 Q Did you actually do field survey work as 6 the director of Industrial Hygiene or was yours 7 mostly administrative? 8 A No. I did field surveys. 9 Q Did you do any field surveys of the Texas 10 operations? 11 A Yes . 12 Q Did that include the Texas City refinery? 13 A Yes . 14 Q And the Chocolate Bayou? 15 A I did not do any field studies at 16 Chocolate Bayou. Texas City Chemical Plant, yes. 17 Q So, your Texas activities were primarily 18 restricted to the Texas City activities. 19 MR. TAYLOR: When you say "you,1 20 Herschel, do you mean him personally. 21 or do you mean the department? 22 MR. HOBSON: Yeah. 23 24 (By M r . Hobson) 25 Q Let me go back. You individually, were 144 1 your field surveys that you did as an Amoco employee 2 limited to the operations in Texas City at the 3 refinery and the chemical plant? 4 A Well, it depends on the time of the year j 5 you are talking about, the time that I was with 6 Amoco. We had a person that was eventually 7 assigned to that area and covered the refinery and 8 the two chemical plants there. 9 Q And can you recall who that person first 10 was? 11 A Well, in 1975, we hired Chris Cullen. 12 Q And what were -- Is it Mr. Cullen? 13 A Yes. 14 Q What was Mr. Cullen's territory or area of 15 responsibility? 16 A Well, the refinery and the chemical plant 17 in Texas City and Chocolate Bayou. 18 Q So, he had those three facilities. 19 A Those three facilities. 20 Q I take it Mr. Halley was mostly doing 21 administrative duties by the time you joined Amoco 22 in '72? 23 A By the time I joined Amoco, yes, primarily 24 administrative duties. 25 Q Did you have an occasion to review the 145 1 industrial hygiene files at Amoco prior to doing 2 your fieldwork much like you had done back at Zurich 3 reviewing previous activities there? 4 A Well, before any of us went to a facility, 5 we reviewed the files. 6 Q And did you find at Amoco that there would 7 be a file for each of the Amoco facilities that 8 would reflect what industrial hygiene activities had 9 gone on before? 10 A Yes. 11 Q And did you find evidence that indeed 12 Mr. Halley was working back in the early Fifties 13 doing field industrial hygiene surveys and writing ' 14 reports? 15 A 16 Q 17 A He was working throughout those years. And you found his reports in the files? Yes. 18 Q Did you find based on your observations 19 that M r . Halley had a practice of writing industrial 20 hygiene survey reports when he did do a field visit? 21 A It depends on his visit. If it was a 22 survey, he wrote a survey report. If it was just to 23 visit and a discussion, then there was some 24 statement indicating that in the files. 25 Q Pardon me? 146 1 2 3 4 . 5 6 7 8 9 10 11 12 . 13 14 15 - 16 17 18 . 19 20 21 22 23 24 25 A There was a statement indicating what the discussion was all about. Q So, if he made a trip to talk about something, it would be more like a trip report. A That's correct, yes. Q And if he did an industrial hygiene survey, he would write up a formal industrial hygiene survey report. A Right. Q And did you find based on your reviews of the files that Mr. Halley had been out there in the field taking air samples and doing field industrial hygiene surveys in the 1950s? A Yes. Q I take it as part of his industrial hygiene survey reports, you would find the results of any testing that he would have done at the various places he visited? , A . Yes. . ' . Q Could you tell if Mr. Halley had a . practice of visiting the major Amoco facilities such as refineries and chemical plants with any regularity in the Fifties? A Well, I don't recall how many facilities they had in the Fifties. I don't know. 147 1 2 3 4 5 S 7 8 9 10 11 12 13 14 15 IS 17 18 19 20 21 22 23 24 Q I'm just trying to find out did it seem to you from reviewing the survey reports or perhaps even with your discussions with .Mr. Halley that he to make the major facilities once a year or once every two years or something like that. A I don't know how often. I cannot tell you. Facilities have changed from time to time; so, it was ... , Q You say Texas City was the largest Amoco refinery in '72? A In '72 I think Whiting was the largest, but eventually Texas City became the largest. Q So, Texas City and Whiting were at least one and two as far as size in Amoco's refineries? A Yes. Q Did you find that Mr. Halley had done industrial hygiene surveys of the Texas City refinery in the past? ' A Well, therewere two otherindustrial hygienists here before Icame; so they were doing surveys, too. Q So, Mr. Brown and Mr. Brower had already done surveys of the Texas City refinery when you came to Amoco. 25 A Yeess . . 148 1 Q And do you remember seeing any survey 2 reports that Mr. Halley did since he preceded 3 Mr. Brown and Mr. Brower? 4 A I have seen reports, yes. 5 Q Of Texas City industrial hygiene survey 6 reports? 7 A Well, I can't tell you whether definitely 8 it was a Texas City. There were reports in the . 9 files. 10 Q Now, Whiting,, of course, was lots closer; 11 and X take it more easy to get to than Texas City? 12 A Yes. 13 Q And being-a large refinery, did it tend to 14 be that Whiting seemed to get more field industrial 15 hygiene work done there than perhaps the other 16 refineries did? ' ' 17 A During my time, I would say,- no, it 18 didn't. We treated -- X mean, Texas City we did a . ' 19 lot of work in Texas City and probably as often . 20 there as at Whiting. 21 Q Do you remember approximately when 22 Mr. Brown joined Amoco? ' 23 A Mrr.. Brown? 24 Q 25 A Yes, sir. No. 149 1 Q As a matter of fact, I think I've 2 misspoken. It is Dr. Brown; is it not? 3 A No, it's Mr. Brown. 4 Q It is Mr. Brown. 5 Now, we have come across the name here, 6 Mr. Siedlicki, A. A. Marozas, if I have it right? 7 A Marozas. 8 Q And was he one of your industrial 9 hygienists? 10 A Yes, he was. 11 Q And is that a person that you hired after 12 you came to Amoco? 13 A Yes. Well, I didn't hire him to Amoco. . 14 He already was employed by Amoco. He just 15 . transferred into Industrial Hygiene. . 16 , Q I take it, that you implemented the 17 transfer, then, after '72? 18 A Yes. 19 Q And what was Mr. Marozas' background? ' 20 A Well, he was -- He had a degree in 21 chemistry and a degree in chemical engineering, and 22 he worked in various facilities of Amoco - 23 refineries and chemical plants. 24 Q So, he knew his way around the units 25 A Yes, he did. 150 1 Q Did you proceed to train Mr. Marozas to be 2 ' a professional industrial hygienist? 3 A Yes. He previously had done some air 4 pollution work in the facilities. 5 Q And was he at the headquarters office, or 6 was he at one of the plants? 7 A Well, he was when we -- He was at 8 headquarters when he transferred to us. Previously 9 he was at one of the plants. 10 Q And do you recall which plant he came 11 from? 12 A He came from the Joliet plant. That's the 13 one I didn't mention - chemical plant. 14 Q Joliet Chemical Plant? . 15 A Yes. ' ' 16 . Q And that's in Joliet, Illinois? 17 A Right. 18 Q When you joined Amoco in 1972, this was 19 about the time of the implementation of the 20 Occupational Safety and Health Act? 21 A Right. 22 Q Did you need to do additional staffing, 23 then, to continue to prepare for the impact of the 24 Occupational Safety and Health Act at Amoco? 25 A Well, we were hiring and adding staff; and 151 1 in addition, we hired the consultants to do a lot of 2 our work. 3 Q Do you recall which consultants you . 4 utilized? 5 A Primarily Clayton's. 6 Q Would you know if George Clayton & 7 Associates, whatever it was previously known as, did 8 any work earlier for Amoco before you came on board? 9 A I don't recall that. 10 Q Do you recall any consultants' reports 11 being in the files at Amoco or learning from other 12 employees of Amoco that consultants had been used 13 for industrial hygiene work at Amoco? 14 ' A Yes, there were reports of consultants. 15 Q Do you recall who any of those were?'' , 16 A I don't recall offhand. - 17 Q Do you recall if the consultants had done 18 any work at Texas City? 19 A That I cannot recall. 20 MR. MARON: Prior to 1972, you . . ' i 21 are talking about? 22 MR. HOBSON: Yes 23 A I don't recall. 24 (By Mr. Hobson) 25 Q Or Chocolate Bayou? 152 1 A I don't recall. 2 Q Did you learn of any other industrial 3 hygienists working in a professional capacity being 4 employed by Amoco before you joined the company 5 besides Mr. Halley, Mr. Brown, and Mr. Brower? 6 A In the Sixties, it was L. Salazar. 7 Q Salazar? 8 A Yes. 9 Q And did Mr. Salazar leaveA m o c o 's 10 employment? 11 A Yes. ' . 12 Q Did he go somewhere else or retire? Would 13 you recall? .-. . . . 14 A Well, he was -- He went somewhere in 15 California. 16 Q Would you know who his employer was there? 17 A Who? 18 Q Who Mr. Salazar'semployer was in 19 California. 20 A In California? No, I don't know. 21 Q And you say this was in the Sixties? 22 A In the Sixties that he was hired by Amoco. 23 Q And do you know Mr. Salazar's background 24 before his employment with Amoco at all? 25 A All I know is he was a chemist. 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q Did Amoco have an industrial hygiene laboratory where Mr. Halley, Mr. Brown, and M r . Brower were having their samples analyzed when you joined the company? A Yes, they were analyzed at the Research Center. And that's -- L e t 's see. Bob -- Oh, I can't think of his name offhand. He was an industrial hygiene chemist at the Research Center. And he coordinated the analysis of all the samples that went in the Research Center, and he did all the asbestos counts - all the other-dust counts. was trained to do that. And he - Bob Stoffer. Q Bob Stoffer? ' A Yes. He was a Ph.D. chemist. Q Where was the research laboratory where Dr. Stoffer worked? A Napeerrvviillllee.. ` j 19 Q 20 A 21 Q 22 A 23 Q 24 A 25 Q Naperville? Yes. That's in Illinois? Illinois, yes. That's just outside of Chicago here? Yes. Was Mr. - I'm sorry - Dr. Stoffer working ' ' 154 1 for Mr. Halley and Mr. Brown and Mr. Brower before . 2 you joined Amoco? 3 A Y e s . Then he reported to me after - when 4 I joined Amoco. . 5 Q Do you recall about when Dr. Stoffer would 6 have began doing industrial hygiene laboratory 7 analysis? 8 A I don't recall exactly. It was several 9 years before I got here. 10 . Q Was it your appreciation that Mr. Halley 11 had trained Dr. Stoffer in the analysis of ' 12 industrial hygiene samples? 13 A Well, he took several training courses; 14 and he was a trained chemist. At that time he had 15 about almost three years of employment experience 16 with Amoco at the Research Center. 17 Q Are you familiar with an organization , , ' 18 called McCrone's? 19 A Yes. Well, I know of them. 20 Q Are they here in Chicago? 21 A They are in Chicago, yes. In fact, Bob 22 Stoffer got training at McCrone & Associates. 23 Q That's what I was going to ask you. 24 McCrone & Associates published the McCrone's 25 Particle Atlas. Are you familiar with that? 155 1 A I've heard of it. I'm not familiar with 2 it. 3 Q McCrone's was known for their fine 4 particle microscopy, were they not? 5 A Yes . 6 Q And they could do identification of 7 materials based on microscopic samples. 8 A (Witness nods head .affirmatively.) 9 Q And had been here in Chicago for many 10 decades, correct? ' " , . ' 11 A Right. 12 Q Do you remember working with McCrone's 13 back when you were with Zurich, even? 14 A ' When I was at Zurich, no, we never worked 15 with McCrone. 16 Q Do you think you knew about McCrone1s in 17 that time period? 18 A - I don't recall. 19 Q Did you ever take any training from 20 McCrone & Associates? 21 A No. 22 Q Do you know if Warren Cook ever had any 23 connection with McCrone & Associates? 24 A We talked about them when I was at 2 5 Zurich, I don't recall any - that we sent any 156 1 samples down to them. We may have. I don't know. 2 I can't recall. 3Q Once you became the Director of Industrial 4 Hygiene for Amoco, I take it it was your 5 responsibility to maintain the industrial hygiene 6 files? 7A The files were in existence at that time. 8 Anc^ was Part of your responsibility to 9 keep those up and add to them as additional 10 industrial hygiene work was done? 11 A Well, every industrial hygiene survey was 12 filed under the facility. 13 Q 14 A You say every one was? Yes. 15 Q And as far as you knew every industrial 16 hygiene survey had been filed in the past, whether 17 Mr. Halley did it or some consultant did it? 18 A That's correct. 19 Q While you were the -- Well I should ask 20 first : Was your title when you retired Director of 21 Industrial Hygiene? 22 A Right. 23 Q So, you held that position throughout your 24 tenure with Amoco? 25 . A Right. Yes. ' ; 157 1 Q During that tenure with Amoco, did you 2 ever destroy any industrial hygiene survey reports? 3 A Never. 4 Q Would you have been offended if someone 5 suggested that you do so? 6 A X would be offended, yes. I never 7 destroyed it, the report. 8 Q Why are industrialhygiene survey reports 9 important? . . 10 A They are important in order that we know 11 what the person's employment experience was over the 12 period of a worker's lifetime. 13 Q In fact, one of the ways for setting 14 guidelines and health standards is in part to look t \ 1 I 15 back at workers' exposures in the past and look for IS any associated disease to know if your levels are 17 too high or too low or okay, correct? 18 A .That's right, yeah. 19 Q And this is information that as health O 20 professionals ought to be kept indefinitely. Would 21 you agree with that? 22 A Yes. And this was our recommendations 23 that they be kept indefinitely. 24 Q And I take it when you left in January of 25 1986, your recommendations had been implemented to 158 1 keep these files indefinitely. 2 A At the time when I left, the files were 3 there. 4 Q And your offices were here in Chicago? 5 A Yes. ' 6 Q Is there a physical address where you 7 stayed where the offices were? 8 A It's right-next door to this building. 9 Q And does the building have a name? 10 A The Amoco Building. 11 Q The Amoco Building. That's appropriate. 12 So, when you left Amoco's employment 13 January, 1986, all the industrial hygiene survey 14 reports for the company as best as you know were 15 maintained intact at the Amoco Building within a 16 block of where we sit? ' 17 A There were some files that were stored, 18 but they were to be kept indefinitely. 19 Q And was there a group within Amoco that 20 was responsible for storing the archived reports? 21 A Yes, at the time there was. 22 Q Do you remember which group within Amoco 23 that would have been? 24 A N o , I d on't . 25 Q But this was their job was to store 159 1 archived reports? 2 A Yes. 3 Q And was it your understanding that those 4 , archived reports could not be destroyed without your 5 permission? ' . 6 A That's what they were told. . 7 Q- I believe you told me that Mr. Halley, as 8 part of his title when you joined Amoco, included 9 toxicology? 10 A Right. 11 Q Was there a toxicologist or someone with 12 that responsibility at Amoco when you joined in 13 1972? 14 A Yeah. He was just hired about a month 15 before I joined. 16 Q A week before you? 17 A About a month. 18 Q A month. And who was that, sir? 19 A I cannot remember his name now offhand. 20 Q Do you know who had any responsibility for 21 toxicology that there was at Amoco before this 22 gentleman was hired about a month before you? 23 A Well, Paul Halley had the responsibility. 24 Q Did you find information in the reports or 25 learn from Mr. Halley or others that there had been 160 1 toxicity testing done by Amoco in the past? p 2 A Well, I knew there were studies done. 3 Q Can you tell me who it was that was doing 4 those studies? 5 A , Well, at one time, it was Industrial 6 Biotest. Joe Calandra's group. 7 Q And is it your appreciation that the 8 earliest contract laboratory was Industrial Biotest? 9 A I d o n 't know. 10 Q I mean to the extent that you do know, 11 Industrial Biotest would be the older one, the 12 oldest one? - 13 A The oldest one that I know? 14 Q Yes, sir. 15 A Yeah. 16 Q Now, Dr. Calandra at Industrial Biotest 17 had the capability of doing both acute or short-term 18 and chronic or long-term toxicity testing, did he 19 not? 20 A That was my understanding, yes. 21 Q And they were a full-service consulting 22 laboratory. They could test gases, vapors, and 23 particulates, could they not? 24 A I don 11 know. 25 Q Did you ever visit Industrial Biotest? 161 1 A No. I knew Dr. Calandra very well, but I 2 didn1t visit. . , ' . 3 Q You just never talked to him about the 4 , capabilities of the laboratory? . 5 A No. 6 Q Would you know if Dr. Calandra ever acted 7 as a consultant to Amoco? . 8 A Well, he did our work;, and I suppose you 9 would consider him as a consultant. 10 Q I meant in addition to the laboratory 11 testing that Amoco had done, do you know if he 12 served just as a direct consultant to the Amoco 13 Company to provide toxicity consulting information? 14 A I d o n 't know. 15 Q Would you know of anyone else who might 16 have provided toxicity consultation to Amoco? 17 A There were other toxicologists that Paul 18 Halley had contact with, but X can't tell you the 19 names. 20 Q If you think of those names, I would 21 appreciate knowing who they were, sir. 22 A Okay. 23 Q Perhaps, again, when you get the errata 24 sheet if you think of them, if you could make a note 25 of them for me. 162 1 A (Witness nods head affirmatively.) 2 Q Were there any Workers' Compensation 3 carriers providing industrial hygiene services to 4 Amoco that you became aware of? 5 A To the best of my knowledge, I have always 6 thought that Amoco was self-insured. 7 Q And, so, you never would have expected to 8 have found any industrial hygiene surveys done by 9 insurance carriers. . . : 10 A When I was at Amoco no insurance carrier 11 ever did an industrial hygiene survey. 12 Q And you found no survey reports in the 13 , files from carriers? 14 A No. 15 Q I would be remiss, and I apologize for not 16 having done it. But you're a certified industrial 17 hygienist, as I appreciate it. 18 A Yes. 19 Q And may I ask your certification number? 20 A 176. 21 Q Which makes you fairly early on having 22 your certification, perhaps in the 1960s? - 23 A Yes, in the 1960s. 24 Q And your other professional credentials? 25 A I'm a Certified Safety Professional. 163 1 Q . And are you a Certified Health Physicist, 2 as well? . 3 A No. ' 4 Q You mentioned you were a member of the 5 Health Physics Society. I thought I would ask 6 that. 7 In any of your work, do you recall having 8 done any industrial hygiene surveys for Amoco of - 9 some people call it "turnarounds" or some say "test 10 and inspections"? We are talking about a periodic 11 maintenance of a major unit. ' 12 A There were turnarounds during the years 13 that I worked at Amoco, yes. 14 Q Did you yourself ever do any field 15 industrial hygiene work during turnarounds that you 16 can recall? 17 A I myself did not do i t . 18 Q Do you recall seeing any -- 1 19 A I was on a unit when it was being turned 20 around, but I didn't do a survey at the time. I was 21 observing what was going on. 22 Q Do you recall where that was? 23 A I don't recall where it was, what 24 refinery. 25 Q Do you remember about when it was? 164 . . 1 A No; . ' 2 Q More likely to be the Seventies than the 3 Eighties? - 1 4 A More likely in the Seventies. 5 Q Do you remember seeing any industrial 6 hygiene survey reports in the files of Amoco for air 7 sampling that was done during turnarounds before you 8 joined Amoco? 9 A I don't recall. 10 Q Can you recall any discussions of 11 exposures occurring during turnarounds before you 12 joined Amoco? 13 A , No, I don't recall. 14 Q I take it once you joined Amoco as the 15 Director of Industrial Hygiene, you began 16 implementing the requirements of the Occupational 17 Safety and Health Administration. Would that be so? 18 A Yes, we did. . 19 Q And that would include all the 20 requirements for the handling of asbestos-containing 21 materials? 22 A Yes. 23 Q Was there a time while you were with Amoco 24 that Amoco started the policy of not using 25 asbestos-containing insulation materials? 165 1 A Yes. ' . ' - 2 Q " Did that happen on your watch? 3 A Yes. ' 4 Q And about when did that happen, sir? 5 A O h ; '73 - '73, '74. 6 Q What led you to make that decision or to 7 recommend a decision be made? 8 A Well, to eliminate - Because of the lower 9 permissible limit, we recommended they eliminate all 10 asbestos being used. 11 Q So, you applied the traditional industrial 12 hygiene practice of substitution of a product 13 without asbestos for an asbestos-containing product? 14 A Y e s . And there were more insulation 15 products being produced at that time which could be 16 substituted. 17 Q .I take it that by the time you joined 18 Amoco, you were aware that insulation materials 19 could contain asbestos. 20 A O h , ye s . 21 Q Can you recall where back in your 22 industrial hygiene practice you learned that thermal 23 insulation materials could contain asbestos? 24 A I can't recall it. 25 Q Do you ever recall yourself doing any air . . ' 166 1 sampling during your industrial hygiene career when 2 insulation material was being applied that contained 3 asbestos? 4 A Yes. 5 Q Who were you working for at the time? 6 A Amoco. 7 Q So, that would have been .after '72,, after 8 April of 72 . 9 A Shortly after. 10 Q And what was the occasion that you had to 11 do air sampling for application of thermal 12 insulation material that contained ,asbestos? 13 A I went down to Texas City to find out 14 exactly what the exposure would be 'when they are 15 installing and removing insulation. 16 Q Did you actually do air sampling for 17 removal, as well? 18 A Yes. 19 Q Did you write a report of that visit? 20 A Yes. 21 Q 22 A Would you recall what you found? The results were low. 23 Q When is the last time you saw that survey 24 report? f 25 A That survey report? 167 1 Q (Counsel nods head affirmatively.) 2 A It's been a long time ago. I don't know. 3 Q It wasn't something that you reviewed in 4 preparation for the deposition? 5 A No, not that survey report. 6 Q Have you been given anything to review to - 7 prepare for the deposition today? 8 A Oh, we looked over a few reports. 9 Q But not that one? 10 A Not that o ne. 11 Q Do you remember which ones you looked over 12 or what they dealt with? 13 A No. They were miscellaneous reports. 14 Q Any of them earlier than when you joined 15 Amoco? 16 A No. 17 Q Do you remember seeing any industrial 18 hygiene survey reports earlier than when you joined : 19 Amoco where asbestos was the material being : . 20 evaluated? ; 21 A I don't recall. 22 Q It might have been. You just don't 23 remember one way or the other? 24 A I don't remember, yeah. 25 Q Now, the analytical method that you would 168 1 have been using in '72-'73 whenever you did this 2 asbestos sampling you just told me about would have 3 been millipore filter and using phase-contrast 4 microscopy, wouldn't it? 5 A Yes. 6 Q Do you agree that there is no way to 7 compare fiber counts with phase-contrast microscopy 8 and millipore filters with an impinger sampling and 9 light microscopy? 10 A Oh, I would agree very much. 11 Q And I take it, just so I can wrap up this 12 area, you don't remember seeing any impinger air 13 sampling for asbestos done at any Amoco facility in 14 any of the file reports you might have reviewed? 15 A No, I don't remember. 16 Q I take it that the air samples that you 17 took at Texas City, the Occupational Safety and 18 Health regulations were already in effect and were 19 being followed by the employees at Texas City? 20 A They were proposed at that time, but they 21 were not in effect. 22 Q Do you recall, for instance, if in removal 23 of thermal insulation materials containing asbestos, 24 the materials were wetted before removal? 25 A They wetted them, yes. 169 1 Q So, would it be accurate to say that you 2 have never taken an air sample for asbestos when 3 thermal insulation materials containing asbestos 4 were removed dry? 5 A Me personally, no; but we had studies done 6 to find out what concentration you get when you 7 remove it dry. 8 Q . Does it matter? 9 A What?Does it matter? Sure, it matters. 10 Q The exposures are higher whenit's dry? 11 A Yes. 12 Q Can you quantify that for me at all - how 13 much effect wetting has if wetting is done properly? 14 M R . MARON: For any type of 15 insulation; or are you talking about 16 a specific product, Herschel? 17 MR. HOBSON: Whatever he is 18 familiar with. I will be happy to 19 have Mr. Siedlicki clarify that if he 20 needs to. 21 A Well, I can't recall offhand. I don't 22 recall exactly what the concentration was. 23 (By Mr. Hobson) 24 Q Would you expect based 'on your experience 25 that you can get at least a tenfold reduction in 170 1 dust by doing an operation wet as opposed to doing 2 it dry? 3 A I think you got that turned around a 4 little bit. Tenfold when doing it dry rather than 5 doing it wet. 6 Q It can be at least ten times higher if you . 7 do it wet? 8 A I don't know whether it was ten times 9 higher. I can't tell you. 10 Q Okay. Would you know one way or the 11 other, Mr. Siedlicki, when it was that the Amoco -- 12 Well, I need to ask you a predicating question 13 first, if I may, sir. 14 Did Amoco at Texas City have people 15 working as insulators? 16 A Yes. 17 Q So, these were Amoco employees that were 18 doing the work that you measured? 19 A That I measured, they were Amoco .20 employees. 21 Q And these other studies that you mentioned 22 were people looked at the dry removal of asbestos, 23 were they monitoring Amoco employees, as well? 24 A Yes. 25 Q Would you know, sir, when the Amoco 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 employees were doing insulating work would have implemented using wet methods for the removal of thermal insulation materials containing asbestos? A I don't know before X came whether that was the practice. Q You say you don't know whether it was one way or the other? A Yeah, I don't know whether wetting was the practice. But at the time when I was doing the study, that was the practice. Q And certainly the concept of wetting a material that could dust before you tear it out is one you understood back when you were at Zurich as a method of dust control. A That's correct, yeah. Q Did you ever watch insulators mix mud? A Are you talking a mud for petroleum drilling or -- Q No, I'm sorry. Insulators mixing insulating muds to put on the outside of -- A No, I never watched them do it. Q Do you recall seeing any industrial hygiene survey reports at Amoco of air sampling done during the mixing of insulating muds in refineries or chemical plants? 172 1 A I don't recall. 2 Q Back as far as your Zurich days, did you 3 appreciate that if you had a dry material in a bag 4 that needed to be wetted, that you ould make a 5 small hole in the bag and put a hose in the bag and 6 put water directly in the bag and sort of premix it 7 in the bag before you tear it open and thereby 8 reduce dust exposures? 9 A I don't recall whether -- I never ever saw . 10 that operation done that way. 11 Q Does it sound logical? < 12 A Well, that's logical, sure. 13 Q Do you recall ever making recommendations 14 even back as far as your Zurich days that if a 15 worker needs to apply a material in a wet form, that 16 it's better to buy it from the manufacturer already 17 wetted than it is to mix it dry on the premises and 18 have dust exposure potential? 19 MR. TAYLOR: What material are . . 20 we talking about? . 21 MR. HOBSON: Any material. Any 22 dry material. . 23 MR. TAYLOR: Concrete, 24 anything? 25 MR. HOBSON: Sure. Plaster. 173 1 MR. BLANKS: Concrete, by 2 definition, has already got the water 3 in i t . 4 MR. HOBSON: That's true. 5 Cement, you are talking about. 6 MR. BLANKS: Flour, cornmeal. ' 7 A I don't recall. 8 9 (By Mr. Hobson) 10 Q A recommendation that you would be capable 11 of making, though, in the Zurich days? 12 A Well, if I needed to make it, I would have 13 made it . ' 14 Q I mean, it's a pretty basic principle of 15 dust control that if you don't have to make the dust _ 16 in the first place, if you can buy the material 17 already wetted, that's the way to go, isn't it? 18 A Right. 19 20 ' 21 Q As a matter of fact, you mentioned you had quite a bit of experience with lead in your earlier years. 22 A Yes. 23 Q Did you ever try that with lead and the 24 concern with lead dust? Were you ever able to buy 25 the lead in a paste compound as opposed to a dust in 174 1 order to not have to deal with lead dust? 2 A No, I didn't. Most of the operations that , 1 3 I got involved with in foundries was molten lead. 4 So, it came safe. It was when they melted it, the 5 problem got. 6 Q Are you familiar with what I'm saying? 7 A Yeah. 8 Q That you can buy things as a paste that 9 can be used that ordinarily would be dry and create 10 a dust hazard? 11 A Yes. And the other is that most of the 12 operations I'm familiar with were grinding 13 operations. 14 Q You are talking about lead operations? 15 A Or machining operations, yes. 16 Q, Was there a time when Amoco did any 17 epidemiology that you became aware of? 18 A Yes. 19 ^ 20 Q sir? , When did that start to your knowledge, - 21 A Well, they hired an -- The Medical 22 Department hired an epidemiologist in the Eighties. 23 Q Do you recall who that might have been? 24 A I can't think of his name now. 25 Q Were you ever made aware of an 175 1 epidemiology study that was begun by the American ,2 Petroleum Institute in 1950? 3 M R . MARON ; Do you have a 4 specific one? 5 MR. HOBSON: Yes. 6 (By Mr. Hobson) 7 Q Done by Kettering. 8 A By Kettering? I don't recall. 9 Q Do you recall seeing the report of any 10 epidemiology study that was begun by Kettering in ' 11 1958? 12 A In '58, this was on petroleum? 13 Q It would have been a cancer registry 14 program for refinery workers. It would have been a 15 report issued by Kettering in 1958. 16 A Well, I just don't recall. 17 Q Were you aware or made aware when you . 18 joined Amoco in 1972 of efforts by the Medical ' 19 Department to gather together health information ; " 20 from the various plants looking for occupational 21 illnesses? 22 A Well, they had medical people on their 23 staff that always were looking for occupational in 24 the various facilities. 25 Q Were you given summary information of the 176 1 incidence of occupational diseases in any of the 2 refineries or chemical plants? 3 A I was not, and I assume that there weren't , 4 any incidences occurring. 5 Q Did you have occasion to see claims being 6 made by Amoco employees for occupational diseases? 7 MR. MARON: At any time, any 8 occupational disease? 9 MR. HOBSON: Yes. 10 A Well, I did. 11 (By Mr. Hobson) 12 Q How is it that you would get those reports 13 of claims, Mr. Siedlicki? 14 A I did not see the reports. I just knew 15 that there were claims. 16 Q Would you see summary forms to tell you 17 how many and what kind of claims were being made? 18 A No, I did not see that, no. ! 19 Q So, you would just hear more or less word 20 of mouth that someone made a claim for something, as 21 opposed to a routine -- 22 A Well, I heard of the claims, yes. 23 Q But there was no regular reporting to 24 Industrial Hygiene of occupational disease claims by 25 Amoco. Would that be correct? 177 I did not see them. 2 MR. HOBSON: We need to change 3 our tape? 4 THE VIDEOGRAPHER: Please. 5 MR. MARON: Can we go off the 6 record? 7 MR. HOBSON: Sure. Take a short 8 break. 9 10 (A BRIEF RECESS WAS TAKEN.) 11 12 THE VIDEOGRAPHER: We are back 13 on the record at 2:55. 14 MR. HOBSON: Mr. Siedlicki, here 15 at the break we have decided that we 16 have concluded our questions for you 17 on the topic of asbestos. And as we . 18 lawyers say, we will pass the Witness 19 on asbestos. 20 If we need to trouble you on 21 other subjects, perhaps we can do, 22 that at another time that is also 23 mutually convenient for you. 24 If anyone else has any questions 25 on the topic of asbestos, ask them 178 1 now; or we will be concluded. 2 Having heard none, this 3 concludes the asbestos portion of the 4 deposition. 5 We will adjourn; and if there is 6 a later deposition of Mr. Siedlicki 7 on other topics, we will notify 8 everybody with a new notice if that1s 9 agreeable. 10 MR. TAYLOR: Very good. 11 MR. HOBSON: Thank you, sir. I 12 appreciate your patience. 13 MR. MARON: Thank you. 14 THE VIDEOGRAPHER: We are off 15 the record at 2:56. 16 17 18 19 (WHEREUPON THE DEPOSITION WAS ADJOURNED) 20 21 22 23 24 25 179 1 2 3 4 5 6 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 THE STATE OF : COUNTY OF : I, JERRY SIEDLICKI, hereby certify that I have read the foregoing transcript of my testimony given in the foregoing numbered and styled case, and that same is true and correct to the best of my knowledge and belief. I further certify that any and all corrections have been made on a separate page and initialed by me. This day of , 1997. JERRY SIEDLICKI SWORN TO AND SUBSCRIBED BEFORE ME this day of , 1997. 22 23 24 NOTARY PUBLIC 25 180 . ' . . 1 2 3 4 5 6 7 8 9 10 H 12 13 14 15 16 17 18 , 19 20 THE STATE OF TEXAS: COUNTY OF JEFFERSON: I, STARLA FOUST, a Certified Shorthand Reporter for the State of Texas, hereby certify pursuant to the Texas Rules of Civil Procedure and/or agreement of the parties present to the following: That this deposition transcript is a true record of the testimony given by JERRY SIEDLICKI, the Witness named herein, on December 17, 1996, after said witness was duly sworn by me. SWORN TO AND SUBSCRIBED by me in Beaumont, . Texas, on this the day of , 1997. . STARLA FOUST, CSR Certification No. 5946 Expiration Date of Current , Certification: 12/31/97 21 Charlotte Smith Reporting, Inc. 235 Orleans Street 22 The Kyle Building Beaumont, Texas 77701-2399 23 (409) 839-4407 24 , 25 1 DEPOSITION STIPULATIONS 2 NO. B -126,98 6 Deposition of: JERRY SIEDLICKI 3 Please complete this Stipulation or state your agreed Stipulations on the record. 4 The Attorneys for all parties present stipulate 5 and agree to the checked items as follows: 1. Deposition is being videoed. Yes X No 6 Video Operator: WARRIENE FLATT Deposition is taken pursuant to: X a . Texas Rules of Civil Procedure 8 b. Federal Rules of Civil Procedure X c . Notice 9 X d. Subpoena . e . Agreement 10 f . Court Order 11 3 . Objections: . X a . Reserve all objections, except as 12 to form and responsiveness ' b. Reserve all objections to time of . 13 trial , ' 1 c . Make .all objections at the time ,. 14 of deposition X d. An objection by one defendant 15 shall be considered an objection by all defendants 16 4 .' Signature : 17 a . Signature of Witness is waived X b. Witness to read and sign 18 deposition c. If deposition not signed by time 19 of trial, unsigned copy may be used as though signed and timely 20 filed 21 5. Custodial Attorney: The deposition original will be sent 22 to HERSCHEL HOBSON for safekeeping and use at the time of trial. 23 6. Foreign jurisdiction: Reporter may swear the Witness in a 24 foreign jurisdiction. Yes No 7. . Original deposition cost: 25 Shall be paid by the Attorney asking the first question. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25