Document MEZ4nD4gQ2ZG4RV3qmrq8LBx
FILE NAME Reichhold REI
DATE 2012
DOC REI011
DOCUMENT DESCRIPTION Legal - Excerpts from Testimony of TR
Madden- pg 125-164
Page 1
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IN THE SUPERIOR COURT
2
OF THE STATE OF DELAWARE
3
IN AND FOR NEW CASTLE COUNTY
4
IN RE Asbestos Litigation
5
Limited to
Case No
01-021
6
Raymond Attwood
Duane Weaver
8
Alyce Riess
9
Anna Hartgrave
Case No Case No Case No
2-063 04-087 07-303
10
11
12 12
Videotaped Deposition of Thomas R. Madden
13
February 14 2012
At 10:00 a.m.
14
15
Taken At
Sheraton Charlotte Airport
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Charlotte North Carolina
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Corbett Reporting - A Veritext Company
300 Delaware Avenue - Suite 815
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Wilmington DE 19801
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Reported by LeShaunda Byrd CSR RPR
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INDEX TO EXAMINATION
By Mr. Thompson By Ms. Spardone By Mr. Thompson By Ms. Spardone
INDEX TO EXHIBITS
13 223 307 336
NO
DESCRIPTION
PAGE
Exh 1
Plaintiff's Second Notice of
Videotaped Deposition Decus Tecum of
10
Defendant Reichhold's Representative
11
Pursuant to Superior Court Civil
12
Rule 30 6
13
Exh. 2
Documents Reviewed by Tom Madden
14
For HIS 2/14/12 Deposition
28
15
Exh P
By Gum Article
39
16
Exh 4
Reichhold Chemicals Inc. Safety
17
Bulletin
71
18
Exh P
Reichhold Chemicals Inc.
19
Interoffice Communication
77
20
Exh P
Reichhold Chemicals Inc.
21
Interoffice Communication
87
22
Exh 7
Reichhold Chemicals Inc.
23
Interoffice Communication
95
Exh 8
Union Carbide Shipment Invoices
99
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Exh 8A Handwritten Notes
Exh 9
Union Carbide Sales Log
Exh 10 Exh
By Gum Article
Union Carbide Invoices
Exh 12 RCI Material Safety Data Sheet Exh 12A RCI Material Safety Data Sheet Exh 13 Memo from Stephen Meacham Exh 14 Reichhold Chemicals Inc.
Interoffice Memorandum
10
Exh
Reichhold Chemicals Inc.
11
Interoffice Memorandum
12
Exh 16 Letter to D.S. Bellis from
13
J.I. MacKenzie
14
Exh 17 Asbestos Sampling Survey
15
Exh 18 Letter to Raymond Clark from
16
Hartford Group
17
Exh 19 Letter to Raymond Clark from
18
Hartford Group
19
Exh 20 Letter to Raymond Clark from
20
Hartford Group
21
Exh
Letter to Raymond Clark from
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Hartford Group
23
Customer Call Report
24
Analyses of Three Air Samples
307 119
121 124 160
142 144 149 183 183 183 183 167 188
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Exh 23 Notice of Prosecution
194
Exh 24 Reichhold Chemicals Inc.
Interoffice Memorandum
194
Exh 25
1593 Raw Material Standard
209
Exh 26 RCI Cost Standard
209
Exh 26A Process Engineering News titled Asbestos Is Nearing Its Last Days
In Phenolics
Exh
RCI Raw Material and Container
Exh Exh Exh Exh Exh Exh Exh Exh
Standard Cost Master
By Gum Document By Gum Document Safety Bulletin
Safety Bulletin
Memo to R.E. Byrne from H.B. Rhodes
Memo to E.W. Jansen Report of Call Asset Purchase Agreement between Reichhold Chemicals Inc. And
324 244 256 265 266 294 296 303
Exh
BTL Specialty Resins Corp.
338
Reichhold's Objections to Plaintiffs
Notice of Deposition of Reichhold Inc.
Pursuant to Superior Court Civil
Rule 30 6
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identification
Q.
By Mr. Thompson
This is a copy of a
Material Safety Data Sheet that we received from
Reichhold
It's BR 000015 through 16. And when you
have had an opportunity to take a look at it just let
me know
A.
That is 000015 --
<
Correct
A.
-- and through 00016
Q.
Right
A.
Witness complies Yes sir Yes sir
I'm seeing the document
MS SPARDONE
What number are we on
I'm sorry what number
MR THOMPSON
That is 12
MS SPARDONE Okay
Q.
By Mr. Thompson Now you have seen
Exhibit 12 before have you not
A.
Yes sir I have
Q.
That is a Material Safety Data Sheet for
Reichhold Chemicals phenolic molding compounds and
carries a date of January 1980 correct
A.
Yes
Q.
And specifically it's a Materials Safety
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Data Sheet for asbestos phenolic molding compounds sold by Reichhold correct
A.
containing phenolic molding
compounds yes
Q.
Reichhold Chemicals phenolic compounds that
contain asbestos in their formulation correct
A.
Correct
And those numbers are listed on
this MSDS
Q.
I see that and they are -- the copy I
have I don't know whether you've got a better copy
than I do --
A.
No.
Q. correct
-- but we'll just run through those These are product numbers of Reichhold
A.
Correct
Q.
And the first one is 25310
A.
Yes
Q.
And sometimes I see them written where they
are all written together with no hyphens but here we
have hyphens
so
--
A.
Well correctly when -- if it was a
generated document it should be -- it
should be hyphenated The phenolic molding people
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hyphenated theirs Some of the other divisions just ran their product group together So either way it's correct but for this group they seem to use the
hyphen
Q.
More often
A.
More often yes
Q.
You are not saying people involved with the
phenolic molding operation did not run all of the
numbers together at times
A.
They did at times but it would be the same
number
We -- like 25310 sometimes it would be
25-310
It's the same product
Q.
Right
In other words 25310 and 25-310 is
the same product
A.
To the best of my knowledge
Q.
All right These are containing
phenolic molding compounds correct
A.
Yes
Q.
25310 correct
A.
Yes
Q.
25346
A.
Yes
Q.
25347
A.
Yes
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Q.
A.
read -Q. A. Q. A.
25398
Okay
It was either 398 or 388.
I can't
There's 388 first and then there is 25398
Yes I see it
Yes
And then 25397
Yes
Q.
And 25506
A.
Yes
10
Q.
And it says all colors because these were
11
manufactured in different colors so that they would
12
reflect when made into parts by the customer different
13
colored parts is that basically right
14
MS SPARDONE Object to form
15
THE WITNESS
Yeah
The colored
16
portion of it normally these would be
17
just -- just black The colored portion
18
would be at the request of the customer
I
19
want a colored compound or a compound
20
that when it cured was green or orange or
21
whatever
22
Q.
By Mr. Thompson And this Material Safety
23
Data Sheet or MSDS if we can refer to it that way
24
sometimes covers a number of product formulations
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which would include asbestos as one of the raw
materials and ingredients in those products
A.
That is correct
Q.
This sheet states that quote The compound
may contain up to 51 percent by weight bound asbestos
fibers unquote
True
A.
Correct
Q.
So Reichhold's asbestos phenolic molding
compound had up to 51 percent asbestos is that
correct
MS SPARDONE Object to form
THE WITNESS Okay You're talking about a wide variety of these and so when
they did this MSDS rather than say okay 310 had X quantities at lower material
charge and 25346 had Y they just lumped it together and said that the high --
apparently reading from this that it's --
that one of these products may have had
51 percent by weight bound asbestos
Q.
By Mr. Thompson And in fact this
document says that quote Fine dust may occur when
handling the asbestos phenolic molding compounds
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unquote
True
A.
Are you reading from Section 5
Q.
Does that not say fine dust where it talks
about fine dust on Page 2 of the document may occur when handling
Find dust
Do you see that
A.
Yes
Q.
And then it says Use a respirator at all
times when handling to avoid breathing dust
Do you see that That is the next
sentence
A.
Yes I'm sorry
Yes I do
Q.
Wear gloves when handling
that correct
It also says
A.
Yes
Q. correct
Wash before smoking or eating is that
A.
Yes
Q.
And then where it says spill or leak
procedures it says Vacuum or sweep up compound to avoid generating dust
Use sweeping
Did I read that correctly
A.
Yes
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Q.
How would you vacuum it up to avoid dust
MS SPARDONE Object to form
THE WITNESS
The standard says that
they want you to vacuum up any materials
containing asbestos as a -- as a raw
material
Q.
By Mr. Thompson
It says vacuum or sweep
up and then it says Use sweeping compound to avoid
generating dust
Do you see that
A.
Yes
Q.
And the sweeping compound would only be
applicable if you were sweeping it up right
A.
Yes Well perhaps you could 11 you could
mean put that on -- I
you can put that on and then go
ahead and vacuum it up
Q.
It says Ventilate area well -- or areas
well
I think it's area
It's kind of hard to wear
Wear respirator if dust is generated
Do you see that
A.
Yes
Q.
Did I read those correctly
A.
Yes you did
Q.
And then under Section 8 it says Special
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Protection Information
A.
Yes
Page 132
Q.
Do you see that on Page 2 of the document
A.
Yes
Q.
It says Respirator for nuisance dust and
if asbestos fibers released
Did I read that correctly
A.
Yes
Q.
Now I read some of your other testimony
and I believe you've testified in the past that the
only -- this is the only Material Safety Data Sheet
relating to phenolic molding compounds manufactured by ~- that contained asbestos that were made by Reichhold Chemicals that you've read is that right
A.
This is the only one I have read that has
been produced as part of this document group
Q.
Well have you ever -- okay
Are you able to produce another Material
Safety Data Sheet relating to containing
phenolic molding compounds other than this one dated
January 1980
A.
No I'm not able to do that
tell you that I --
But I will
Q.
No just --
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MS SPARDONE It's okay
Q.
By Mr. Thompson Thank you I know you
have an explanation and I trust that you will work it
in But I -- you've answered my question
You have testified in the past that you
remember seeing and reading Material Safety Data
Sheets for asbestos phenolic molding compounds made by Reichhold back in the day -- to use your phrase -- or back in you know maybe even the early 70s
Is that your testimony
A.
Yes
Q.
Okay
You haven't seen one of those
documents for many years have you
A.
No sir I haven't
Q.
In fact did you ever even really see
documents like that
A.
I drafted them
MS SPARDONE Object to form
Q.
By Mr. Thompson You drafted them
A.
I certainly did
Q.
And you drafted them at company
headquarters in White Plains New York
A.
Yes
Q.
Because that is what you were doing back
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then you were working in safety and hazardous material issues correct
A.
Correct
Q.
Now the White Plains New York corporate
headquarters was not sold in 1986 was it
A.
No sir
Q.
In fact is Reichhold still based in White
Plains New York
A.
No sir
Q. A. Carolina
Where is it based
RTP Research Triangle Park in North
Q.
Okay
Is that near us now
A.
Oh it's about a four ride
Q.
Okay When did Reichhold move its
corporate headquarters from White Plains New York
A.
They started that transition in '88 or '89
and it was over a period of I think two years perhaps
even three years
Q.
Now when you drafted these Material Safety
Data Sheets back in the 70s as you say you were
working within the legal department of Reichhold
Chemicals correct
A.
Yes I was
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Q.
Do you have any explanation today as to why
the legal department of Reichhold Chemicals would not
have retained these Material Safety Data Sheets if
they really did exist
MS SPARDONE Object to form
THE WITNESS
As of -- well you
know this division was sold in 1986 and
so everything that Reichhold had my
understanding went to the purchaser which
I believe was BTL
And if you've sold a
division and you no longer have that
business there is no reason to retain
documents unless they are required by law
Q.
By Mr. Thompson Well Reichhold
Chemicals company headquarters in White Plains New
York where you worked from late 1971 to early 1972
onward until June of 1984 was corporate headquarters for all divisions of Reichhold Chemicals correct
A.
It changed over a period of time And let
me explain that a little bit
We went through a phase -- Reichhold Chemical when I say we I mean Reichhold Chemicals -- went through a phase where we separated the product lines and created divisions and the
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A.
Yes sir
Q.
And there was only one unit that was
responsible for health and safety that reported to this general counsel correct
A.
Yes
Q.
All right And you say that you drafted
these Material Safety Data Sheets back in the early
70s
A.
Yes
Q.
today
A.
And yet nobody can seem to find them Don't you find that strange
Not after --
MS SPARDONE
Object to form
THE WITNESS
Not after 38 years no
Selling a division and the multiple moves with corporate headquarters no I don't
find that -- I'm totally surprised the number of documents that were produced
obviously from White Plains and from
different parts of the company and
obviously some from suppliers or whomever
I think it is quite an accomplishment to
have all these documents after this period
of time the ones that we see
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Q.
By Mr. Thompson And I'm going to ask you
this Was Exhibit 12 which is Bates stamp Pages
000015 and 16 --
A.
Yes
Q.
-- was that even drafted in January of
1980 or was that drafted later on to somehow assist
Reichhold Chemicals in litigation
MS SPARDONE Object to form
argumentative assumes facts
MR THOMPSON
question
I'm asking him a
MS SPARDONE Same objection
THE WITNESS
Well I take this on
its face that this was an existing Material
Safety Data Sheet and it was published if that is a of 1/80 I represent that
Q.
By Mr. Thompson Well I think in other
places you've testified January 1980.
be 31
So would that
A.
January '80 1/80 yes
Q.
1/80
A.
Yes January 180 yes
Q.
Okay Now January of 1980 you are
working under the general counsel in White Plains New
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York at corporate headquarters right
A.
Yes
MS SPARDONE
Asked and answered
Q.
By Mr. Thompson Now you say you drafted
these Material Safety Data Sheets in the early 70s
Did you draft this Material Safety Data Sheet in
January of 1980
A.
No probably someone in my group did
Q.
So you don't really know who did this
correct --
A.
We
--
MS SPARDONE Object to form
Q.
By Mr. Thompson
-- who drafted
Exhibit 12
MS SPARDONE Object to form
THE WITNESS
It would be someone in
my group
Q.
By Mr. Thompson Okay Now --
MR THOMPSON
Take a short break
THE VIDEOGRAPHER We are going off
the record
The time is 2:06 p.m.
A recess was taken
THE VIDEOGRAPHER
The time is
2:14 p.m.
We are on the record
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Q.
By Mr. Thompson Okay Mr. Madden We
have taken a short break
So looking at Exhibit 12
A.
Oh 15 and 16.
Yes sir I see 15 and 16
Q.
That is dated January 1980 as we have
stated correct
A.
Yes sir
Q.
And that is some nine years after or more
after the 1971 memo from your boss was sent around
with regard to asbestos hazards and the use of
asbestos in Reichhold Chemicals manufacturing
processes correct
A.
Correct
Q.
Now during this time this nine years
Reichhold determined that the economic advantages of
asbestos were greatly outweighed by any problems
caused by its use correct
MS SPARDONE Object to form
Q.
By Mr. Thompson And by problems I
mean problems with the regulatory agencies
A.
Not problems
Just the -- what it would
take to comply with the regulations as they were
issued and -- over the years
MR THOMPSON
It's going to be
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formulation correct
A.
Correct
Q.
So if we look at the products at the top
reference in the boxes in the upper right part it says Phenolic molding compound numbers -- and then
we are dealing with hyphens again -- 25000 through
25-799 except Nos 25-310 25-346 25-347 25-388
25-398 25-197 and 25-506
Do you see that
A.
Yes I do
Q.
And those would be the products those ones
we just listed after the word except are the ones --
are the containing ones that are listed on
Exhibit 12 correct
A.
Seem to be yes
Q.
All right And they do not include the
additional containing phenolic molding
compounds that are listed on Exhibit 15 correct
A.
Let me just see 15 again real quick
Q.
Sure
A.
I'm sorry
Q.
The first paragraph of the second page
A.
Yes
Q.
Those 90 prefix
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A.
Right Okay That is what I thought
they are not listed there
No
Q.
Okay
So if we take a look back at
Exhibit 12A it says This applies to phenolic molding compound numbers 25000 through 25799 correct
A.
Correct
Q.
And those would be the
containing phenolic molding compounds
right
A.
Should be correct
Q.
As made on January 1980 -- in January 1980
Now if we look back at Exhibit 16 and I
will pass this to you
Q.
By Mr. Thompson
25170 correct
Those refer to 25158 and
A.
Yes they do
Q.
And those are numbers between 25000 through
25799 correct
A.
Yes
Q.
So Exhibit 12A conveys a full suppression
that all of these product numbers between 25000 and
25-799 were nonasbestos when we clearly know there
were some products that came within that product --
that number range that were asbestos correct
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MS SPARDONE
mischaracterizes --
Object to form
MR THOMPSON
I'll have it reread if
you want
MS SPARDONE -- prior testimony
assumes facts overbroad and vague
THE WITNESS
No I think they're --
I think they're definitely consistent and
I will tell you why Again I mentioned
this before you know products come and
products go Likewise just for lack of
customer you know acceptance or you
know you really can't manufacture them on
a commercial scale Plus they may have
very well been superceded by asbestos
reformulations
So no I would take these documents to be consistent with each other
Q.
By Mr. Thompson Well okay
A.
Are you talking June -- I mean you're
talking June 4 1973 and January 1980
Q.
Well we can agree on this at least that
as of January 1980 any products that previously
contained asbestos that came within that range would
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not be referred to by -- or encompassed by 12A right MS SPARDONE Object to form
THE WITNESS Well the numerical
block goes from 25000 through 25799. So I
think it's consistent otherwise you'd
have except
hypothetically
25
--
you
know 25158 which we no longer make or
25170 which is now asbestos free
So I
think they're consistent If they're --
Q.
By Mr. Thompson You don't know that
25170 is asbestos free as of that date do you
A.
No I do not
Q.
giving
That was just an example that you were
A.
Yes
Q.
Okay So if a product was
containing a phenolic molding compound
product that had asbestos in its formulation prior to January 1980 we wouldn't be able to determine that
from looking at either Exhibit 12 or Exhibit 12A right
A. Q. correct
That is correct And -- or Exhibit 15 for that matter
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