Document X7VznovKYKLJJ1wdL2dJEx0Eg

--' ^ ' --* * *-*-J _4 / .J j JU A- l KJU V SEPTEMBER 25, 1997 j. NO. 95 - 04 -1728-D MANUEL P. GONZALES, ET AL VS . OWENS-CORNING FIBERGLAS CORPORATION, ET AL ) IN THE DISTRICT COURT OF \ i ) ) CAMERON COUNTY, TEXAS ) ) ) 103RD JUDICIAL DISTRICT STEVEN SELLERS 1 ORAL/VIDEO DEPOSITION OF STEVEN SELLERS ANSWERS AND ORAL/7 DEO.DEPOSITION OF STEVEN SELLERS, a witness produced at the instance of the Plaintiffs, taken in the above styled and numbered cause on the 25th day of September, 1997, at 3:51 p.m., before LISA A. BERRY, a Certified Shorthand Reporter in and for the State of Texas, at the offices of Meredith, Donnell & Abernethy, located at 6850 Texas Commerce Tower, 600 Travis Street, .in the City of Houston, County of Harris, State of Texas, in accordance with the Texas Rules of Civil Procedure, the stipulations hereinafter set forth and pursuant to Notice. C b yzL e t. /& ? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 1^, JL l VX_ * . SEPTEMBER 25, 1997 APPEARANCES XT C. ANDREW WATERS LAW Or?ICES OF C. ANDREW KATE '-0 South Zar.g, Suite 1420 - i -1 i r, T x 4 $ 75253 APPEARING FOR THE PLAINTIFFS KS.'SrfSSrUffl' *es; Harlingen, Texas 7SSS1 ABERNETHY . Texas Commerce Tower Travis ouston, Texas 77002 %m^iKZciF^w~'iSFT jO-3 Eleven Greer.way Plaid Houston, Texas 770h6 NG FOR DEFENDANT ALSO PRESENT: MR. DANIEL PARIS, VIDEOGRAPKER ?ige 2 ~o - STEVEN SELLERS 1 t'."pi led vi tr.. 2 - it IS FURTHER cy and between the parties j r.er-;--:, their rrev? appearing hereon, that ; if ceposrtior. is r.:: sicr.ei and filed prior to any 1 nearing '-r. this cause, v,i: sure deposi1::n c: d 6 :-:rv. ;aei ropy thereof my be used or. tr.e trial cf tr. is vi tn tr.e same force and effect .u tno-cr. tr.e sir.e tad deer reed art signed by tr.e sa.r witness. 1 INDEX 3 WITNESS: STEVEN SELLERS 5 Examination by Mr. Waters .... 6 Examination by Ms. Kelly .... 7 Re-Examination by Mr. Waters. - 9 Re-Examination by Ms. Kelly . . . 1C Witness' Signature ...................................... 11 Corrigendum . . .'..................................... 12 Reporter's Certificate ........................... rage 3 71 79 3 95 96 7 1 AGREEMENTS 2 3 AS PER RULE 11, the following agr A agreed to by and between the parties thereto, throucr. z tneir respective attorneys appearing herein: 6 IT IS HEREBY agreed by and between the parties 7 hereto, tnrougr. their attorneys appearing herein, that 9 any and all objections to any question, except as to 9 form, or answer, except as to responsiveness, 10 contained herein may be made upon the offering cf this 11 deposition in evidence upon the trial of this cause 12 with the same force and effect as though the witness 3 were present in person and testifying from the witness 14 stand. 15 IT IS FURTHER agreed by and between the parties 6 hereto, that an objection made by one counsel for tr.e " respective parties shall be considered good for all 9 other counsel present. 19 IT IS FURTHER agreed by and between the parties 20 hereto, through their attorneys appearing herein, that 21 this deposition may be signed before any Notary-Puoiic and thereafter returned into Court and used upon the trial of this cause with the same force and effect as though all requirements of che Rules and Statutes with reference to signature and return had been fully Page A DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 THE VICEOGRAPHER: We are or. recora at 3:51 p.m. This is the videotaped deposition of Steve Sellers ir. the matter of Manuel P. Gonzales versus Over.s-Comr.g Fibercias. Today's date is September 25th, 1997. This deposition is being taker, at Meredith, Donnell & Aloe me try, oCC Travis Street, Suite 6350, Houston, Texas. The videographec is Daniel Paris with Diana Henjum Reporting Services. Would counsel please announce treir appearances for the record? MR. WATSON: Andy Waters for the plaintiffs. MR. ERWIN: Harding Ervin for MR. HEWITT: Jim Hewitt for Brown i, Root U.SA, Incorporated. MS. FELLY: Trisr. Kelly, for w. Grace i Company of Connecticut, and Pittsourgr. Corning Corporation. STEVEN SELLERS, led as a witness, having been first duly sworn, mined and testified upon his oath as follows: Paae EXAMINATION ** 3Y MR. WATERS: Q. Could you state your full name for the record, sir? A. My name is Steven, S-t-e-v-e-n, Paul Sellers, S-eTL-e-r-s. Q. How old a man are you, Mr. Sellers? A. Iam 46. Q. How are you presently employed? A. I'm employed by Halliburton Company, Shared Sendees, Health Safety and Environment GrouD. Q. Just briefly, how would you -- in what way would you characterize Halliburton's business or the nature of its business? A. Halliburton is a multinational company that deals in oil and gas well services, as well as they own engineering and construction company, also. Q. How is Halliburton affiliated with Brown & Root, if it is? A. Halliburton owns Brown & Root. Q. Okay. Based on your understanding of the relationship, is it fair to say that Halliburton is the parent company of Brown & Root? Page 2 - Page GONZALEZ, ET AL VS. OLE, El AJL SEPTEMBER 25, 1997 mum-rage ._______ . . STEVEN SELLERS Page 8 Page 11 1 A \ cs. sir. 1 together? 2 q. How long have you been employed by 2 a. No, sir, we did not. 3 Halliburton? 3 Q. Okay. Did you maintain contact with 4 a. I've been a little less than 21 vears. 4 Mr. Richardson throughout the period of time after you 5 That includes my time with Brown A Root. 5 last saw him in school in Louisiana and when you first 6 Q. At what point in time was -- in a formal 6 saw him -- or when you came to work for Brown & Root? 7 sense, did your employer change from Brown & Root to 7 a. Yes, sir. S Halliburton? s Q. So continuously throughout that time you 9 A. 1 started with Brown & Root in November of 9 had some contact with him? 10 1976 and worked for them until April of 1984, at which 10 a. Yes, sir. 11 time I transferred to a - a subsidiary company, 11 Q. Do you recall where he went to school? 12 Well-X (phonetic) at that time, which was owned by 12 a. He went to Tulane. 13 Halliburton. 13 Q. Now, as -- in the pharmacy field, where 14 Q. AIL right. Where are you from originally, 14 were you employed, what -- 15 sir? 15 a. I - I was employed in Cut Off, Louisiana 16 a. I was bom inAbbeville, Louisiana, 16 and Lafavette, Louisiana. n q. A-b-b -- 1? o And was Mr. Richardson employed in Houston is A. -- e-v-i-l-l-e. IS for Browm & Root? 19 Q Okay. And give me a sense, if you will, 19 A. Yes, sir. 20 of your background and educational training through 20 Q. Do you have a sense if he had been at i 21 college and professional school. 21 Brown & Root for a lengthy period of time or a short 22 A. Okay. I graduated from Berwick High 22 period of time before your arrival? 23 School in 1968,'"went to Northeast Louisiana University' 23 a. If I were to estimate that, I would say at 24 in Monroe, Louisiana, from '68 to 1973, where 24 least a couple of years, three years, maybe. 25 I graduated with a Bachelor of Science degree in 25 Q. But in any event, he encouraged you to Page 9 Page 12 1 Pharmacy; worked until 1976 in the field of pharmacy, 1 apply for a position at Brown & Root? 2 at which tune I went to work for Brown & Root in their 2 a. Yes. 3 safety and health department. 3 Q. Because he understood that you had a 4 Q. All right, sir. Have you given a 4 background, as you put -- put it, in chemistry and 5 deposition previously? 5 physical sciences that might lend itself to industrial 6 A. Yes, sir. 6 hygiene work? 7 Q. Okay. Did -- was it a case that involved 7 ' a. Yes. 8 asbestos in any way? s Q. Prior to your signing on with 9 A. No, sir. 9 Brown & Root, had you had any formal training to o. Was it related to your work with 10 regarding industrial hygiene or industrial safety? 11 Halliburton or your prior work with Brown & Root? 11 A. No. 12 A. Jt was with Halliburton. 12 Q. And I take it your first position with 13 Q. You know, from that experience, that I'll 13 Brown & Root was as an industrial hygiene technician? 14 be asking you a series of questions? 14 a. Yes, sir. 15 A. Yes, sir. 15 q. Can you describe for me -- well, let me 16 Q. Okay. And if for any reason you don't 16 ask this first: In that capacity, did you report 17 understand one of my questions or it doesn't make 17 directly to Mr. Richardson? IS sense to you, will you ask me to stop and rephrase it is a. Yes, sir. 19 or repeat it? 19 Q. Were there other industrial hygiene 20 A. Yes, sir. 20 technicians who were at the same sort of level as you; 21 Q. How was it that you came to seek 21 that is to say, they reported to Mr. Richardson? 22 employment or to gain employment with Brown & Root in 22 A, No, sir. 23 November of 1976? 23 Q. Did you replace anyone? 24 a. I did not want to continue working in the 24 A. No, sir. 25 field of pharmacy, and I had a friend who worked for 25 Q. Was this a new position,industrial Page 10 Page U 1 Brown & Root, Carl Richardson, in the safety 1 hygiene technician, as of November '76? 2 department. And from my background of pharmacy with 2 A. Yes, sir. 3 the chemistries, the sciences, he felt like I would 3 Q. Was one of the purposes of this new 4 benefit being an assistant to him in industrial 4 position to have someone who was technically skilled 5 hygiene, an Industrial hygiene technician. So, I was 5 and able to perform a variety of industrial hygiene 6 hired as an industrial hygiene technician at that time 6 functions, including air monitoring or air sampling? 7 by Brown & Root. 7 MR. HEWITT: Object to the form of 8 " Q. How did you know Mr. Richardson? s the question to the extent it's 9 a. We grew up and went to high school 9 speculative. 10 together. 10 A. Can you-- can you please ask that again? 11 ~Q. In Abbeville? 11 q. (BY MR. WATERS) I'm going to get her to 12 A. In Bayou Vista, or Berwick. That's where 12 read it back, but by all means, tell me Lo do that 13 we grew up. 13 whenever, you want it read back. 14 Q. In Louisiana? 14 a. Okav. 15 a. Yes. 15 '(The requested material was read by 16 Q. Okay. Is Mr. Richardson your 16 the reporter.) 17 contemporary; that is to say, are you approximately 17 a. Yes, sir. is the same age? IS Q. (BY MR. WATERS) Upon your arrival at 19 a. Yes, sir. 19 Brown & Root, did you shortly thereafter begin to be 20 q. Now, as of 1976, how long, to the best of 20 trained in the techniques of air monitoring or air 21 your understanding, had Mr. Richardson been employed 21 sampling? 22 by Brown & Root? 22 a. I - I began formal training in a number 23 a. I don't know the answer to that, to be 23 of areas, not just air monitoring, but in noise 24 honest with you. 24 samplins, chemical evaluations, audits at that time. 25 Q. Did you and Mr. Richardson go to college 25 Q. All right, six. Was Mr. Richardson, to DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 8 - Page vjvji^/11^!^/.^ ij, i /vi_ r o. uc-i , jl- t njo SEPTEMBER 25, 1997 tnuui h ~ STEVEN SELLERS Page 14 1 the best of your recollection already qualified to 1 Q. And those would include asbestosis, for 2 perform air monitoring as of your arrival in November 2 example? 3 A. Y'es. 4 A Yes. sir 4 Q. A disease called mesothelioma? 5 Q. Let's talk a little bit about the formal 5 a. Y'es. 6 training you received after November of '76 in these 6 Q. A disease -- the disease lung cancer? 7 various facets of the field. Can you tell me how that 7 a. Y'es. S was provided, or did they send you to an outside s Q. Did Mr. Richardson teach you, similarly, 9 source for training? Was it in-house training? Give 9 that asbestos could cause various gastrointestinal 10 me a sense of how that developed. 10 cancers? 11 A. It occurred in a couple of ways: One, 11 A. Yes. 12 through formalized training courses put on by 12 Q. Would you agree with me that by early 13 professional organizations and/or colleges; and also, 13 1977, you were cognizant or aware, as a result of that 14 on-the-job training through working with Carl. 14 training with Mr. Richardson, that asbestos was an 15 Q. All right, sir. Let me ask you 15 extremely hazardous substance? 16 specifically with respect to training concerning the 16 a. I - I can't tell you that it was early in 17 hazards of asbestos. 17 '77, but over a time period within that year, 18 a. Uh-huh. 18 I recognized the -- the hazard nature of asbestos, 19 p. Where would you have received that 19 yes. 20 training? 20 Q. Fair enough. You recognized, for example, 21 a. That training would have been on-the-job 21 that asbestos was a toxic substance? 22 training with Carl, as well as bits and pieces of 22 a. Yes. 23 asbestos as sampling that have occurred in some of the 23 Q. And you recognized and learned that there 24 other formalized classes. I did 20 to a formal 24 were a significant number of regulatory requirements 25 asbestos contractor course, but Fdon't recall the 25 that had to be met and followedif employees or P=2e 15 Page IS 1 time frame of that course. It's reflected on my 1 persons were working with or around asbestos? 2 resume, I think, on the specialized sheet, if we 2 a. Yes. 3 Q. Can you tell me the first time that you 4 Q. Did you -- 4 recall doing air sampling or air monitoring for 5 A. - an exact date. 5 asbestos in the air? 67 you9?; Did you bring a copy of your resume with 6 a. No, sir, I -- I don't recall that. 7 Q. Okay. Is that -- can you tell me if you S A. No, sir, I did not. S recall Mr. Richardson showing you how to do that at 9 MR. HEWITT: i'll look to see if 9 some point in time, with the equipment or whatever 10 I have a copy, if you'd like. 10 else? 11 MR. WATERS: Okay. That might - 11 A. I -- I can't recall that. 12 might shortcut some of the process. 12 Q. Do you recall one way or another if you 13 Q. (BY MR. WATERS) All right. So as 13 learned the -- how to perform the physical act of 14 I understand it, there are essentially two general 14 monitoring from Mr. Richardson, or if you may have is sources of your training with respect to asbestos: 15 learned from some other source, or do you -- do you 16 One being the in-house work, on-the-job work you were 16 not recall? 17 doing with Carl Richardson" and the other being some 17 a. I don't recall whether it was through the 18 coursework that you took or a more formal nature? is formal training. I'm -- I'm almost certain that Carl 19 a. Right. 19 would have accompanied me through the sampling process 20 Q. And you mentioned, for example, that you 20 several times before he would have'turned me loose on 21 took an asbestos contractor course? 21 my own to do the samoling. 22 a. Yes. sir. 22 Q. Fair enough. You assume that's the case; 23 Q. Did that -- was the purpose of that course 23 you don't have a specific recall? 24 to train people in the requirements associated with 24 a. No. sir, I don't. 25 the removal or demolition of asbestos material? Is 25 Q. Fair enough. Do you recall the first Pase 16 Page L 1 that what you mean by the term "asbestos contractor"? 1 occasion you had to be in the vicinity of work ongoing 2 a. Yes, sir. It was -- it was a course that 2 with or around asbestos where dust was created? 3 reflected the regulatory' requirements, as well as 3 a. Did -- did you say the first occurrence -- 4 good, safe practices when handling asbestos. 4 Q. Yes, sir. 5 Q. Now, was that something that you -- you 5 a. -- that that happened? No, sir, I - 1 6 were asked to attend; or was that something that you 6 don't. 7 sought out and requested the chance to attend it oh 7 Q. Let me -- let's just take the time frame S your own initiative? S November '76 until 1980, for starters. 9 A. I don' t recall what the impetus of me 9 A. Okay. 10 attending that was. 10 Q. Do you recall that in that time frame, on 11 Q. Did you understand at that time that 11 one or more occasions, you would have worked in the 12 Brown & Root was involved in removal or abatement of 12 vicinity of Brown & Root work that involved asbestos 13 asbestos-containing materials at various sites around 13 in place or work that created asbestos dust? 14 the country? 14 a. Yes, I would have. 15 a. Yes, sir. 15 Q. Okay. 16 Q. In your trainins with Mr. Richardson, your 16 A. I would hat e. 17 less formal training, if you will, did you learn 17 Q. All right. And again, is it fair to say 18 something about -- from him about the physical hazards IS that you -- you don't recall a specific instance -- or 19 or the results, injuries that could result from 19 maybe you do, or is it just your general recollection 20 asbestos exposure? 20 that that would have taken place on a number of 21 a. Yes. 2! occasions in that time frame? 22 Q. For example, did Mr. Richardson teach you 22 a. I'm remembering there were some activities 23 that asbestos exposure can cause a variety of 23 of job sites that I monitored for asbestos during that 24 diseases? 24 time frame, but I cannot tell you specifically when, 25 A. Yes. 25 where, how, or what the activities were. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 14 - Page 1 ~~i, i * o. , jl.i /\u iviuiu-ragc ukal; viutu ut,ruMUUN Uh SEPTEMBER 25, 1997 STEVEN SELLERS Page 20 Page 23 l Q. Fair enough. Certainly, in the time frame 1 Q. Going back to that time frame,'76 or'77 - '76 or '77, as part of your formal and informal 2 through '84, will you agree with me that as an 3 training, you recognized that if asbestos dust was 3 industrial hygienist, in approaching insulation in i being created by a job process, it was necessary to 4 place, that it was proper to assume that the 5 monitor, do air sampling to determine the levels of 5 insulation was asbestos-containing unless testing had 6 the dust? 6 been done to confirm otherwise? 7 a. Yes. 7 a. Yes, sir. S Q. And you, in fact, performed, on some S Q. Do you have any recollection at any time 9 instances, that type of air monitoring on a variety of 9 of observing the rip-out or tcarout of insulation when 10 jobs from '76 to 1980? 10 protective mechanisms such as you previously described 11 A. I don't recall that it would have been in 11 were not being used? 12 '76 because I started in November of '76; but 12 a. No, sir. 13 thereafter, yes, sir. 13 Q. Would you agree with me that the removal 14 Q. Okay. And similarly, would you have 14 or tearout of insulation without the protective 15 performed, on a variety of occasions, air monitoring 15 mechanisms that we've discussed could and would create 16 related to asbestos dust or asbestos work in the 16 a significant amount of dust? 17 period 1980 to 1984? 17 me. ERWIN: Object as vague and is a. Yes, sir. is ambiguous and overbroad. 19 Q. Can you tell me the first such monitoring 19 MR. HEWITT: Object to the 20 you can recall? 20 overbroad and vague form of the question. 21 a. A specific - 21 It's misleading. 22 Q. A specific instance, yes. 22 MS. KELLY: Join. 23 a. A specific detail is -- is when I looked 23 Q. (BY MR. WATERS) Can you answer? 24 at these reports, I specifically knew that it was my 24 a. Would you repeat it again, please? 25 handwriting; and I can recall doing some insulation 25 Q. Absolutely. Page 21 Page 24 1 removal, but I can't remember specific dates, 1 MR. WATERS: Would you read that 2 projects, or anything without, you know, maybe _ 2 one back? 3 reviewing the sampling record of my notes pertaining 3 (The requested material was read by 4 to that. Nothing just boldly stands out in my memory-, 4 the reporter.) 5 but I know thatlhave, on occasions, sampled for 5 a. Number one. it - it possibly could. And 6 asbestos. 6 significant, I'don't know that it would be significant 7 Q. You'll agree with me that insulation 7 dust or not. That would - it may or may not be a 8 removal is a process that requires both monitoring and S significant amount of dust. 9 application of the other OSHA regulations? 9 Q. Okay. If -- let me just ask you a 10 a. Yes, sir. 10 hypothetical question based on your training and 11 Q. Do you recall, in your observation of 11 experience. If you were to observe the rip-out or 12 insulation removal, that it was, in fact, a process 12 tear-out of. asbestos insulation, and to also observe 13 that created visible dust? 13 that no protective mechanisms were being used, would 14 a. If it was asbestos insulation, we had a 14 that be something as a -- that as a safety 15 procedure to wet that down. And there would be 15 professional, would concern you? 16 visible dust in the immediate area, but it would not 16 a. Yes, sir. 17 be like clouds of dust floating across the -- the 17 Q. Okay. And you would consider that is plant or the work area. IS scenario, that set of circumstances to present a 19 Q. All right. So, on the occasions where you 19 potential hazard? 20 were present performing an industrial hygiene 20 MR. hewttt: Object to the 21 function, you-all made sure that the material was 21 speculative form of the question. It's an i 22 wetted to reduce the amount of the dust? 22 inaccurate hypothetical ih terms of what 1 23 a. That's correct. 23 potential hazard may or may not be 24 Q. And presumably, that was in addition to 24 present, as to whether the insulation 25 some other precautions that are required under the 25 contains asbestos or not. Page 22 Page 25 1 regulations? 1 Q. (BY MR. WATERS) You can answer. 2 a. Yes, sir. 2 a. Yes, sir. 3 Q. All rmht. And even with those 3 Q. Can you tell me some of the sites -- well, 4 precautions being taken I think you'll agree with me 4 the easiest way to do this: In the time frame '76 to 5 that some level of visible dust was created? 5 '84, can you tell me any particular job sites where 6 a. Yes, sir. 6 you have a specific recollection of performing air 7 Q. As an industrial hygienist -- and I -- I 7 sampling or air monitoring for asbestos in the air? : S should ask: Do you consider yourself to be -- are you S A. By that, do you mean all the details of i 9 certified? 9 the job, oh do you mean the - the general type of ' 10 a. No, 1 amnot. 10 activities? ' _: 11 Q. Okay. Are you a member of a AIHA? 11 Q. Let's start with -- no. I'm not -- at this I 12 a. I was, but I currently am not. Once 12 point in time. I'm not interested in details, just 13 I switched positions from Brown & Root to Well-X, the 13 what -- if you have a specific recollection of 14 duties of industrial hygiene slid to the -- the 14 different facilities or job sites where you performed 15 background, and moreTormalized safety duties 15 that function. 16 progressed to the front. So, I have not, over the 16 A. Specific plant titles, no; but I remember 17 jasYseveral years, have a -- a lot of dealing with 17 monitoring asbestos removal from pipe racks. : IS industrial hygiene work; and I don't consider myself IS I remember monitoring transite cutting operations, and 19 an industrialTiygienist. 19 I remember the -- the Armco, after reviewing the 20 q. Fair enough. But you were -- you would 20 documents, the Armco situation. 21 consider that you were an industrial hygienist in the, 21 Q. Okay. And in each and every one of those 22 let's say, '77 to '84 time frame? 22 circumstances, it's your recollection that protective 23 a. 1 was a lot more keen in industrial 23 mechanisms and methods to reduce the dust 24 hygiene activities at that time frame than I was 25 now -- or am now. 24 significantly were used? 25 A. Yes, sir. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 20 - Page 25 AJWMNZ^/Vi^G./,, 15 1 AL VO. VJ V. 1', l. l /vj^ SEPTEMBER 25, 1997 inuiu x a^u STEVEN SELLERS Page 26 Page 29 1 Q. Now, in some of those instances, if you 1 recollection than those tunes. 2 can recall, did you have levels that were in excess of 2 Q. Were you aware that the baghouse work had 3 the permissible exposure level, despite the 3 been previously performed by Armco employees? 4 precautions? 4 a. Yes. sir. 5 A. Please repeat that one more time. 5 Q. Okav. And you knew that from discussions 6 MR v.'Ai iSRS: i'll eet her to read 6 with Jdr. Gunderson? 7 it back. 7 a. Yes, sir, 1 frank rus name was Gunderson. s (The requested material was read by S One of the - 9 the reporter.) 9 Q. Okav. 10 MR. HEWITT: Object to the io A. -- either their hygienist or safety 11 ambiguous, misleading,vagueformofthe nperson's name, I think, Is Gunderson. 12 question. 12 Q. Do you recall why it was that Armco had 13 A. I-- I think that, after reviewing some of 13 requested that Brown & Root perform the job function 14 the samplina results here, if I'm not mistaken, there 14 this time as opposed to Armco? 15 were some that were over the levels of die -- the 15 A. No, sir, 1 don't know. 16 threshold limit value in this particular sampling. 16 Q. Do you recall the volume of asbestos that 17 The other samplings, I cannot recall if they were over n was removed in that -- during that process? is the threshold limit"value or not. is A. No, sir, I don't. 19 Q. (BY MR. waters) Fair enough. And you 19 Q. Absent appropriate precautions, would you 20 understand, of course, that this is not a memory test. 20 agree with me that that job function would have been 21 I mean, if -- it's been some years. If you don't 21 hazardous? 22 recall something, feel free to tell me that and we'll 22 A. It could have been hazardous, yes, sir. 23 move on. 23 Q. And it -- it could have involved a -- the 24 a. Yes, sir. 24 release of a significant amount of asbestos fiber, if 25 Q. Okay. Where is your office presently? Is 25 not done in accordance with the regulations? Page 27 Page 30 1 it here in Houston? 1 MR. HEWITT: Objection -- 2 A. Yes, sir. I'm on Highway 6. 2 MR. ERWIN: Objection -- - 3 Q. Okay. Let's talk about Armco. Can you 3 MR. HEWITT: Speculative. 4 tell me from your personal recollection how many times 4 MR. ERWIN: -- vague and ambiguous, 5 you would have visited that site for any type of work 5 overbroad. 6 m the '76 to '84 time frame? 6 Q. (BY MR. WATERS) can answer. 7 a. The only times I remember going to the 7 A. Within the rooms, ? st I can remember, s Armco were the two times that we have"the -- the 8 where the filters were located, there would have been 9 sampling data for. 9 high content of asbestos in the air; but I - I cannot 10 Q. Other than the -- the sampling data that 10 say how much would have gotten to the outside, open 11 you have reviewed, I take it you don't have any 11 air, because it was some sort of enclosed fixture, if 12 independent recollection of any other visits to that 12 I'm remembering right. 13 facility? 13 Q. Fair enough! Do you recall in your early 14 a. I--1 may have, and I don't specifically 14 training and experience that asbestos par -- fibers 15 recall, but I may have gone to the site prior to that 15 are extremely small? 16 to talk with the"hygiene or the safety' people; but I 16 a. Yes, sir. 17 --1 don't have a vivid recall of that. 17 O- And, in fact, are -- are in fact, in l S Q. Okay. With respect to the one visit you 18 visible in -- in and of themselves? 19 specifically recall, were -- was your time spent in 19 A. Yes. sir. .j 20 only one location at the facility? 20 Q. And they are extremely aerodynamic, are 21 a. Yes, sir, to the best of my recall, it 21 they not? 22 was. 22 A. I don't recall that, but -- 23 O. And that was in the connection with the 23 Q. Okay. Do you recall that asbestos fibers, 24 work you did in the bag house? 24 from your training, can stay in the air for lon 25 a. That's correct. That was at the wide - I 25 periods of time and can float or carry in a wide area? Page 28 Page 31 1 think it's the wide flange baghouse -- 1 A. Yes, sir. 2 Q. Wide flange baghouse? 2 Q. And it -- the fibers themselves are what 3 A. I don't know. There may be more than one 3 causes the hazard, correct, the inhalation of the 4 set of baehouses there, but - 4 fibers? 5 Q. Okay. 5 a. Tnat's correct. 6 a. Or--but whatever is the area that is 6 Q. And it's possible, certainly for persons 7 described on my sampling record, those were the areas 7 to have hazardous exposures to asbestos fibers and not S that I -- I would -- s even be able to see them? 9 MR. HEWITT: Okay. Andjustfor 9 A. Yes. 10 the record, I believe where this is 10 MR. HEWITT: Objection - 11 indicated, there were two records with 11 MS. KELLY: Objection, calls for 12 respect to him being present at the plant 12 speculation. 13 that refreshed his memory. 13 MR. HEWITT: - also, objection to 14 MR. WATERS: 1 think that's riaht. 14 the form of that lastquestion on the 15 Q. (BY MR. WATERS) One was in 'HO, and one 15 srounds it's overbroadand vague. 16 was in '81? 16 Q. (BY MR. WATERS) Because of the objection, 17 a. That--that sounds right. 17 I think it got on top of your answer. Could you is Q. We'll look at 1110507 Okay. i s reanswer the question? 19 Do you have any knowledge or information 19 A. Could you please repeat? 20 or opinions that in any way relate to the nature and 20 Q. I'll get her to read it back. 21 extent of Brown & Root's work with or around asbestos 21 a. Okay. 22 at that facility in the '74 -- excuse me, '76 to '84 22 (The reauested material was read by 23 time frame, other than what you learned from the work 23 the renorter.) 24 at the baghouse? 24 a. Yes. 25 A. To my -- no, sir, I don't have any other 25 Q. (BY MR. WATERS) Can you tell me what it DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 26 - Paae 3 LiONZALEZ, hi AL VN. UGl% til Ajl iviuiii rage uiu ijj/ * axs i .. wkj* > a^ A SEPTEMBER 25, 1997 STEVEN SELLERS 1 was that you reviewed in preparation for your . deposition? ppop 32 1 A. I'm sorrv. Could you ask that again, : please17 Page 35 3 A. There were some documents pertaining to my 3 Q. I'm going to get her to read it again. I 4 sampling records and my notes, as well as some general 4 can never remember it the same way, so I've got to -- 5 memos.pertaining to asbestos and asbestos products, 6 those kinds of documents. 7 Q. All right. And did you meet with S Mr. Hewitt, the attorney for Brown & Root, in order to 9 prepare for your deposition? to A. Yes. sir. 11 Q. On how many occasions did you meet with 12 him? 13 A. Twice. 14 Q. Today? 5 a. Okay 6 "(The requested material was read by 7 the court reporter.) S a. Our -- our procedures would have been if 9 we would hat e any activities that would have impacted to any existing asbestos insulation, we would have taken 11 precautions'"pertaining to our activities around that 12 asbestos. 13 MR. WATERS: Okay. Let me object 14 as nonresponsive. 15 A. And -- two times previous to today. 15 Q. (BY MR. WATERS) And I'll do that from 16 Q. Okay. So, a total of three times? 16 time to time if I think your answer is not responding 17 a. Including today, yes. i s Q. All right. Can you give -- tell me the 19 total number of hours that you met with Mr. Hewitt, 17 to what I -- my question. And let me try it again, is a. Okay. 19 Q. Because it wasn't a very articulately 20 adding all of that up? 21 a. Oh, it might have been two and a half 22 hours. 23 Q. Okay. Do you have any opinions or 24 knowledge concerning the exposure of Armco employees 25 to asbestos dust generated by Brown & Root operations? 20 phrased question. My question is this: In addition 21 to the actual removal of asbestos that Brown & Root 22 performed from time to time, such as the baghouse 23 job -- 24 A. Uh-huh. 25 Q. -- will you agree with me that there would 1 ' Pass 33 Page 36 1 MR. HEWITT: Objection to the form 1 have been other instances, in the context of general 2 of the question. It assumes facts not in 2 maintenance work that Brown & Root employees 3 evidence, it's overbroad and vague and 3 performed, where it would be necessary to work with or 4 speculative. 4 m the vicinity of asbestos insulation materials in 5 Q. (by MR. WATERS' ou can answer. 5 place? 6 A. My comments he: ould be based upon the 6 mr. HEWITT: Object to the form of 7 area samples that we put out at the area where we did 7 that question. It assumes facts not in 8 the sampling. Those area samples seemed to be very S evidence and it's overbroad. It's not 9 low ana so, therefore, I would draw the conclusion" 9 limited in geographic location to a to that they would have no asbestos exposure to the 10 particular plant site or time period, and 11 Brown & Root operations there. 11 is ambiauous and, therefore, misleading. 12 Q. Okay. Now, to be clear on your answer, 12 Q. (BY MR. WATERS) You can answer. " 13 you're speaking of the particular -- the two instances 13 a. Yes, sir. 14 m 1980 and 1981, with respect to the baghouse? 14 Q. Now, is it your testimony that each and 15 a. That is correct. 15 every Brown & Root employee who might be required to 16 Q. Okay. Have you reviewed any other 16 work around asbestos would have known that the 17 sampling records of Brown & Root asbestos-related 17 potential dust from that operation could be a hazard? IS operations at the Armco facility? is mr. hevvttt: Object to the 19 A. No. 19 soeculative form of the question. 20 MR. HEWITT: Object to form of the 20 " ms. KELLY: Join. 21 that last question to the extent it 21 a. Yes. Anv emoloyee of Brown & Root who 22 assumes facts not in evidence. 22 would have had'activities that related to asbestos 23 Go ahead. 23 would have been trained and -- and notified and 24 a. No, sir, I have not seen any more samnlins 24 protected so that he wouldn't have had that exposure, 25 records, if there are any. 25 "or she wouldn't have had that exposure. Paae 34 Page 3 1 Q. (by mr. WATERS) All right. So, whatever 1 Q. (BY MR. WATERS) Okay. And one of the 2 conclusions you can draw about the level of dust 2 purposes of Brown & Root's efforts to train its 3 created by Brown & Root asbestos operations at that 3 employees was so that those employees could take 4 facility, those are limited to the 1980 and 1981 4 proper precautions and reduce or eliminate the hazards 5 baghouse operations? 5 from anv exposure they might have? 6 A. That's correct. 6 a. That's correct. 7 Q. In -- in your general duties, 1976 to 7 Q. Will you agree with me that each and every S 1984, you became aware, did you not, sir, that S time there was Brown & Root work that disturbed 9 Brown & Root personnel frequently worked with or 9 asbestos materials, monitoring was a requirement? 10 around asbestos-containing materials at a variety of to a. 5 es. 11 job sites? 11 Q. And that t?oes back to 1971, when OSHA 12 MR. HEWITT: Object to the 12 first came into place? 13 overbroad, vague form of the question. 13 MS. KELLY: '72. 14 A. Brown & Rool would have worked in various 14 Q. (BY MR. WATERS) '72? 15 job sites around the country in or near asbestos, yes. 15 a. Yes, sir, that time frame. 16 Q. (by MR. WATERS) "Okay. And in addition to 16 Q. If for some reason a Brown & Root employee 17 the actual asbestos removal work that Brown & Root 17 in the time frame '76 to '84 who was requiredto work 18 performed, there were maintenance tasks that IS with or around asbestos had not been informed of the 19 Brown & Root employees performed that might cause them 19 potential hazard, would you consider that Brown & Root 20 to be involved with old asbestos insulation that was 20 was negligent or careless in not providing that 21 in place? 21 information? 22 mr. hewitt: Object to the form of 22 mr. HEWITT: 1 object to the form 23 that question. It's speculative, assumes 23 of the question on the grounds that it's 24 facts not in evidence, and it's overbroad 24 an inaccurate hypothetical with respect to 25 and vague. 25 the issues presented in this lawsuit. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Paae 32 - Paoe 3 vjwiN/^.n.L.cz,, m al vci. utf, ial AL iviuiu-i'agc ukaij viunu utrubUlUN Oh SEPTEMBER 25, 1997 ________ ______________________ STEVEN SELLERS l It's also misleading, overbroad, and Page 3S I ! 1 from products, then they stand the potential of Page 41 - ambiguous, and does not conclude the : someone breathing them and harm coming to that person, 3 proper definition of the proper legal 3 VOS. -t standard. 4 " Q. (BY MR. WATERS) Do you agree that 5 MR. WATERS. The proper what? 5 asbestos products that have the potential to release 6 MR. HEWITT: Legal standard. 6 fibers should contain a warning concerning the hazard? 7 Q. (uy MR. WATERS) You can answer, ; 7 a. Yes, sir. s a. Yes, sir. S Q. Do you agree that asbestos exposure is 0 Q. Similarly, if Brown & Root employees 9 potentially deadly? 10 understood that working with or around asbestos could 10 A. Yes, sir. 11 create a potential hazard, and did so without taking II Q. Do you have any knowledge whatsoever 12 the required precautions, would you agree with me that 12 concerning -- other than the 198(1 and '81 baghouse 13 that would be an indication of carelessness or 13 work -- concerning other work at the Armco facility 14 negligence on their parts? 14 where Brown & Root employees worked with or around 15 MR. HEWITT: The same objections 15 asbestos materials in the same time frame, '76 to '84? 16 I stated to the last question, 16 a. I have no knowledge to that. l" A. Yes, sir. 17 Q. If you, as -- again, the same time frame, is Q. (by MR. WATERS) Will you agree with me is '76 to '84 -- as an industrial hygienist trained by 19 that Brown & Root employees involved with asbestos 19 Brown & Root, were to observe asbestos removal work 20 work had a moral and a legal obligation to 20 that was creating visible dust, would you shut down 21 nonemployees who might Be working in the vicinity and 21 that operation until protective measures could be 22 might also be exposed to asbestos dust? 22 added? 23 a. Yes, sir. 23 MR. HEWITT: Object to the 24 MR. HEWITT: To the last question, 24 misleading form of the question. It's an 25 I object to the form of the question on 25 inaccurate"hypothetical. Page 39 Page 42 1 the grounds that it's misleading, 1 A. If I saw the activities where people 2 constitutes an inaccurate hypothetical, 2 weren't properly protected, yes, I would make attempt 3 and fails to state the correct legal 3 to shut clown that operation. 4 standard, and is misleading and ambiguous. 4 Q. (by MR. waters) Now, you say you ould 5 Q. (BY MR. WATERS) In addition to the 5 make an attempt to shut down the that oper on. Are 6 wetting method you described earlier and the 6 there circumstances where you can imagin lat the 7 monitoring that you described earlier, will you agree 7 operation would not be shut down, despite your 8 that additional requirements involved the posting of 8 recommendation? 9 warning signs so that workers in the vicinity would 9 MR. hewitt: Objection, 10 know of a potential hazard? 10 speculative, and assumes facts not in n a. Yes, sir. 11 evidence. 12 Q. The regulations also required use of 12 a. Project superintendents have the ultimate 13 respiratory protection to eliminate the hazard? 13 responsibility for" the job. Even though a safety 14 a. If you were above the levels, threshold 14 person has the will and desire to shut down a job, 15 limit -- threshold limit values, it was a requirement, 15 sometimes thev are overruled. 16 yes, sir. 16 Q. (BY MR. WATERS) Okay. And sometimes 17 Q. And, of course, the only way to know for 17 other considerations, whether it's efficiency or cost IS certain if you were above a certain level -- well, let IS considerations are -- unfortunately, prove to be more 19 me -- let me ask it this way: Is there any way to 19 important than the safety considerations? 20 ascertain the nature of the "hazard from merely 20 MR. HEWITT: Objection; speculative 21 observing the dust? 2! and assumes facts not in evidence. 22 A. Bv air monitoring and analysis by a lab. 22 Q. (by MR. WATERS) Speaking in general. 23 Q. Okay. Understanding that the fibers can 23 a. Ask again, alease, I'm sorry. 24 be invisible, as we discussed before, is it possible 24 MR. WATERS: Can you"read that one 25 to have air monitoring results above the PEL or the 25 back to him? Page 40 Page 4? 1 TLV when you do not have a significant amount of 1 (The requested material was read by 2 visible dust? 2 the reporter.) 3 a. It could be possible, yes, sir. 3 MS. KELLY: Object also, as 4 Q. And if you do have visible dust, that 4 argumentative. 5 increases the likelihood that your measurements may or 5 " MR. WATERS: Let me get that in 6 will be over the PEL, or permissible exposure limit? 6 there. 7 a. Not necessarily, because the percent of 7 Q. (by MR. WATERS) You can answer. 8 asbestos in that material may be lower than -- than 8 a. 1 think there are a lot of things that 9 other pieces of insulation; and it may be inert 9 goes into those decisions. Sometimes efficiency, 10 materials. 10 sometimes money affects decisions for a lot of 11 Q. Okay. Do you, yourself, consider that 11 companies, not just Brown & Root and Halliburton. 12 asbestos-containing products, that in their normal 12 Q. Fair enough. Would you agree with me that 13 usage allow asbestos fibers to become airborne, are 13 in your opinion."safety considerations should come 14 dangerous? 14 first, ahead of those? 15 a. Could you ask that again, please, sir? 15 a. I think safety considerations are a very 16 Q. Yeah, "that was poorly worded. Would you 16 important part. Tr.ey are not the sole leading part, 17 agree with me that asbestos products that, in their 17 but they are -- they are hand in hand with other 18 normal usage, release asbestos fibers into the air, IS things that should be considered. 19 are potentially dangerous? 19 Q. Do you -- do you recall that the 20 mr. HEWITT: Objection to the form 20 regulations specifically required the employer to 21 of the question. It assumes facts not in 21 educate its workers concerning the hazards of 22 evidence and is misleading, if that's what 22 asbestos? 23 asbestos products do in their normal use. 23 MR. ERWIN: Vague and ambiguous. 24 a. If asbestos is bonded, there may be no 24 a. Yes, sir. 25 asbestos release. If asbestos fibers are released 25 Q. (BY MR. WATERS) And to provide them DIANA IIENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 38 - Page 45 GONZALEZ, ET AL VS. OCF, ET AL SEPTEMBER 25, 1997 Multi-Page " ORAL/V1LJLU DEPOSITION OF STEVEN SELLERS Page 44 1 . Paee 47 1 training so that they would understand the full nature' l Q. In Brown & Root, can you given me an idea 2 of the hazard? ! 2 in the late 1970s of, again, a ballpark of the number 3 A. Yes, sir. 1 3 of construction jobs or construction sites where work 4 Q. And that would include, for example, that ! 4 was ongoing at any given time? 5 asbestos exposures could cause some of these various I 5 a._ No, sir, I have no clue. It was hundreds. 6 diseases we talked about, and particularly various 5 Q.' And certainly there were many, many job 7 cancers? 7 sites that you and Mr. Richardson were not able to S A. Yes, sir. S cover where the men may have been working with or 9 Did you have any personal involvement with 9 around asbestos materials? 10 training sessions to advise Brown & Root employees of 10 MR. HEWITT: Object to the 11 the nature of some of those hazards? II speculative form of that question. It 12 A. Yes, sir. 12 assumes facts not in evidence and it's 13 Q. Again, this is in the '76 to '84 time 13 overbroad and vague, rank speculation. 14 frame? 14 Q. (by MR. WATERS) You can answer. 15 A. That's correct. 15 a. ft's possible. 16 Q. Okay. Was that in the nature of staff 16 Q. Was someone hired to replace you in your 17 meetings or a meeting with project superintendents? 17 capacity? IS Give me a sense of that, if you can. is A. Durins the early '80s before I left -- now 19 A. It - it's not only meetings with 19 that I'm thinking about it, we had hired another 20 superintendents, project leadersrbut it would also be 20 person to come on as an industrial hygienist. That 21 with the employees prior to them starting work. It 21 was a year or so before I left Brown & Root. 22 would be what'we call "toolbox safety meetings," or 22 Q. What was his name? 23 prejob safety meetings, where we would discuss 23 A. Ralph Craig. 24 personal protective equipment as well as some of the 24 Q. Is it that C-r -- 25 hazards that they may face if they didn't wear that 25 A. -- a-i-g. Paae 45 Page 48 1 equipment. 1 Q. Okay. Did you become familiar with the 2 Q. All right. And do you -- tell me how many 2 fact that the federal government required retention of 3 times you recall giving talks or presentations of that 3 monitoring records for at least 20 years? 4 nature concerning asbestos in the '76 to '84 ime 5 frame. 4 a. Yes, sir. 5 Q. And at Brown & Root, did you make every 6 a. I don't have any recollection-- 6 effort to comply with that requirement and retain all 7 recollection to the number of times. It was numerous 7 such monitoring records? 8 times, though. 8 A. To the best of my knowledge, we did. 9 Q. I take it from your earlier testimony, 9 Q. Okay. So, as we sit here'today, absent 10 that you do not recall giving such training, at the 10 some unusual circumstances. Brown <x Root should be in 11 Armco facility? 11 possession of any and all monitoring records that were 12 A. It was not documented that we had that 12 completed at least later than September 1977? 13 type of training session, other than the respiratory 13 A. Yes, sir. 14 protection segment of the training; but it's quite 14 Q. And if, in fact, there are additional 15 possible that! -- I would have mentioned some of the 15 monitoring records that were not retained for whatever 16 hazards involved, although it's not specifically 16 reason, then that would be in violation of the 17 documented what hazards I talked about. 17 regulations? is Q. All right. Will you agree with me, sir, is MR. HEWITT: Objection; speculative 19 that in the time frame *76 to '84, it is quite 19 and it assumes facts not in evidence, and 20 possible that there were circumstances where 20 it's overbroad and vague. 21 Brown & Root employees were exposed to asbestos 21 A. Of the OSHA regulations, yes. sir. 22 without the necessary and required protective 22 Q. (by MR. WATERS) Okay. Now, can you give 23 mechanisms? 23 me a sense, 1976 to 1984, how much time you spent in 24 MR. HEWITT: Object to the 24 the office, the corporate office? I'm sorry, poor 25 speculative form of the question. It's 25 question. Give me a ballpark range of how much time Paae 46 Page 49 1 overbroad, imprecise, and ambiguous. 1 you spent in the office as opposed to how much time 2 a. It's possible. 3 Q. (by mr. waters) Okay. Can you give me a 2 you spent in the field. 3 A. Oh, it was probably 50/50. 4 sense of how many times, approximately, you would have 4 Q. Okay. And how about Mr. Richardson? 5 performed air sampling for asbestos in the '76 to '84 6 time frame? 7 A. Ballpark? 8 Q. Yes, sir. 9 A. Oh, 10, 15 times, maybe. 5 A. I don' t have a feel for -- 6 Q. All right. 7 A. -- for -- 8 o. Let me put it to you this way: Would it 9 be fair to say that Mr. Richardson probably spent more 10 Q. Okay. Now, in addition to yourself and 11 Mr. Richardson, was there anyone else who was 10 time in the office than you did, aiven he had -- he n was somewhat senior to yourself? 12 qualified to do that employed oy Brown & Root in the 13 time frame when you worked there? 12 a. Yes, sir. 13 Q. Do you recall an instance in 1979 where 14 a. Out of the corporate office, no; but we 14 Mr. Richardson expressed concern that asbestos 15 may have had employees on the project that would have i 15 insulation had been removed without the proper 16 been trained to possibly monitor. 17 Q. All right. is a. But I don't know that for a fact. ! 16 monitoring and protections taken in Mississippi? : 17 a. I saw a memo to that effect, yes, sir. j is Q. And -- and -- other than --'the memo was 19 MR. WATERS: Okay. Let me object 20 to the nonresponsive portion. 21 Q. (by MR. WATERS) Would that be speculation i 19 shown to you by counsel for Brown & Root? i 20 a. Other than that? 21 Q. No. I'm sorry. Let me ask the question 22 on your part, as to whether or not there were others i 22 again. The memo of which you just spoke, was that -- 23 besides yourself and Mr. Richardson qualified to do 24 that? 25 A. Yes, sir. 23 were you -- did you look at that as Dart of your 24 consultation or your meeting with the Brown & Root 25 lawyer? 1 DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 44 - Page 49 vjw.i1; i /vi. vo. uv.r, ajl. mum-rage uk/vl/ viuev; ucruoi i ivjin vjr SEPTEMBER 25, 1997 STEVEN SELLERS Page 50 Page 53 1 A. Yes, sir. 1 mr. HEWITT: It1 s also speculative - Q. Okay. Other than your review of that 2 and repetitious. 3 document, do you have -- did you have an independent 3 A. Yes, sir. -i recollection of that event? 4 Q. (by MR WATERS) Did you recall that, in 5 A. No. sir, I did not. 5 your time with the industrial hygiene folks at 6 Q. Do you recall Mr. Richardson expressing 6 Brown & Root, that they had a variety of materials 7 any concern to you that this had happened or that this 7 which could be loosely described as an industrial S might be a potential problem at job sites? S hygiene library? 9 a. No, sir. 9 A. I rememoer there were some reference 10 Q. Did you recognize, in reviewing that io materials there, yes, sir. 11 memorandum, that the work that took place at that n Q. Okay. All right. In -- in particular, 12 Mississippi power plant was in violation of the 12 I want to snow you an article from the -- a journal 13 federal regulations tn place at the time? 13 called Occupational Medicine. Dp you recall that 14 MR. hewitt: Object to the form of 14 journal being one of the ones received by ; 15 the question. It's speculative, assumes 15 Brown & Root? 16 facts not in evidence, it's overbroad and 16 A. I don't recall that. i 17 vague, 17 o. Okay. Did you from time to time review is a. Yes, sir. IS trade -- well, scientific or industrial hygiene 19 Q. (by MR. WATERS) And would you agree with 19 publications that pertained to hazards m the 20 me, sir, that the failure to properly monitor and 20 workplaces while you were at Brown & Root? 21 provide protection in that instance was carelessness 21 A. Yes, sir. 22 or negligence on the part of Brown & Root? 22 Q. Okay. Let me show you an article from the 23 MR. HEWITT: Same objections, and 23 Brown & Root industrial hygiene library, from a . 24 also doesn't state the applicable legal 24 journal called Occupational Medicine, entitled ; 25 standard. 25 ""Occupational Cancers of the Respiratory Tract." And, j Pass 51 Page 54 ; 1 Q. (BY MR. WATERS) You can answer. 1 in particular, under the heading "Asbestos," if you'll ~ j 2 a. It would be considered negligent, yes. 2 read along with me, "Lung cancer associated with | 3 Q. I'm going the ask you another hypothetical 3 asbestos exposure was first reported by Lynch and ; 4 question based on your training and experience as a 4 Smith who, in their paper of 1935, suggested that 1 5 safety professional, particularly as an industrial 5 asbestos" -- "that exposure to asbestos may have a , 6 hygiene technician and an industrial hygienist. If 6 role in the development of lung cancer." 7 corporation knows of a potential hazard in the 7 Let me ask you first: Did I read that 8 workplace, understands that there are regulations to 8 correctly? : 9 be followed to reduce or eliminate the hazard, and 9 a. Yes. j 10 yet, still exposes employees or others without taking 10 MR. hewitt: First--first, let me 11 the necessary precautions, would you agree with me 11 object to the form of that question to the 12 that that is improper practice? 12 extent it assumes facts not in evidence, 13 MR. HEWITT: Object to the form of 13 and it's therefore misleading. 14 that question. It's calling for a legal 14 MR. ERWIN: Lack of foundation, 15 conclusion on the part of this witness. 15 improper hypothetical. 16 It's an inaccurate statement of the legal 16 Q. (BY MR. WATERS) All right. Did I read 17 standard. It is misleading and ambiguous, 17 that correctly, sir? i is a. Yes. 18 A. Yes, sir. 19 Q. (BY MR. WATERS) All right, sir. Would 19 Q. All right. Did you become aware, in the 20 you agree with me, sir, that a corporation that 20 time frame 1976 to 1984, that, in fact, asbestos had 21 exposes its employees or others to hazardous 21 been identified as a possible workplace cancer-causing 22 substances, despite knowledge of the hazard, and 22 agent back in the 1930s? 23 despite an understanding of the regulations, that that 23 a. I didn't know that it was back in the 24 corporation's attitude could be described as 24 1930s. I knew that it was a possible lung -- a 25 indifferent? 25 carcinogen. Page 52 Page 55 l MR. ERWIN: Objection, vague and 1 Q. Okay. Did you know or did you come to 2 ambiguous, improper hypothetical, and 2 understand during your time with Brown & Root that the 3 particularly to the term 'exposed". 3 cancer connection or the connection between asbestos 4 MR. HEWITT: It's also speculative 4 and cancer had been known for many, many years? 5 and argumentative. 5 MR. HEWITT: I object to the 6 a. It could, ves, sir. 6 overbroad form of that question. It also, 7 MR. WATERS: Why don't we take 5 or 7 as phrased, calls for an opinion which 8 10, use the restroom? And we're making S just -- no predicate or foundation has 9 very Rood progress,so... 9 been laid for this witness to express, 10 THE WITNESS: Okay. 10 that is, a medical opinion. 11 THE VIDEOGRAPHER: 4:50 p.m. We 11 MR. ERWIN: Also vague and 12 are off record. 12 ambisuous. 12 (Short recess.) 13 Q. (by MR. WATERS) You can answer. 14 THE VIDEOGRAPHER: It is 5:05 p.m. 14 a. For some years. I didn't know many, many 15 We are back on record. 15 meaning, you know, X number of years. I knew that 16 Q. (BY MR. WATERS) Mr. Sellers, would you 16 previously it had been identified as a potential 17 agree with me, sir, that in the time frame vou were 17 cancer-causing aaent. 18 employed at Brown & Root, 1976 to 1984j if there were IS Q. Did you become familiar with the fact that 19 circumstances where asbestos dust was created in the 19 there was research by a Dr. Irving Selikoff, that 20 workplace without the monitoring being done and 20 indicated in the early-to mid-1960s that asbestos 21 without other protections, that that -- those 21 could cause cancer? 22 circumstances would involve a variety of regulatory 22 A. I remember Dr. Selikoff having worked with 23 violations? 23 that, yes. 24 mr. ERWIN: Object to vague and 24 Q. All right. From time to time, did you 25 ambiguous and overbroad. 25 review various journals that were circulated in the DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 50 - Page 55 GONZALEZ, E l AL VS. OCF, ET AL SEPTEMBER 25, 1997 Multi-Page ORAL/VIDEO DEPOSITION OF STEVEN SELLERS Page 56 Pace 59 1 office about occupational hazards, that sort of thing? 1 a. I think you still may be able to have a 2 A: Yes, sir. 2 product that does not release a toxic or hazardous 3 Q. Okay. Let me show you what's been marked 3 propertv and -- and it still have a useful purpose. 4 AROS5 and ask if you've observed that document -- if 4 Q. Okay. Are you aware of any thermal 5 you've reviewed that document. Sorry. Docs that -- J insulation products that contained asbestos that would 6 does that look familiar to you? 6 not release asbestos fiber if they were cut or sawed? 7 A. No, sir. 7 a. Tne chances of release would be reduced if S Q. Okay. That's fine. Would you agree with 5 it was a bonded material. 9 me, sir, that friable asbestos in the workplace is a 9 Q. All right. 10 hazardous condition? 10 a. And -- and bonding was evidently 11 MR. ERWIN: Object to vague and 11 recotmized by companies as maintaining that integrity 12 ambiguous. Lacks specificity as to a time 12 a little better 13 frame. 13 Q. Okay. And if it was Dot a bonded H a. Yes, sir. 14 material, would you agree that its use in the early 15 Q. (by MR. WATERS) Did you become aware that 15 1980s would be careless or negligent? 16 before your arrival at Brown & Root, there had been 16 MR. ERWTX: Same obligations as 17 substitutes found for asbestos-containing thermal n stated to the last question concerning use is insulation that were not hazardous, in that -- in that is of the tenn "use." 19 they did not contain asbestos? 19 MS. KELLY: Join. 20 mr. HEWITT: Object to the form of 20 MR. ERWIN: And incomplete 21 that question; assumes facts not in 21 hvpot'netical. 22 evidence and is speculative. 22 ' MR. HEWITT: And it calls for a 23 MS. KELLY: Join. 23 legal conclusion, assumes facts not in 24 A. Please repeat the question. 24 evidence. 25 Q. (by MR. waters) Yeah, let me just 25 a. Please repeat. Page 57 Page 60 1 rephrase that one. Did you become aware, after you ~ 1 Q. I've got to -- she has got to read that 2 arrived at Brown & Root in '76 -- 1 may have misspoke 2 one back. 3 a second ago -- did you become aware that there were 3 A. Okay. 4 substitutes for asbestos insulation on the market that 4 (The requested material was read by 5 did not have the same hazard because they didn't 5 the reporter.j 6 contain asbestos? 6 a. I don t feel like it would be careless or 7 a. Yes. 7 negligent just because you knew that there was another S MR. HEWITT: Same - 8 product that did not contain it out there. 9 Q. (by MR. waters) Would you agree with me 9 Q. (BY Mr: waters) Let me put it to you this 10 that in light of that fact, a company that was still 10 way: If it was used in the '80s without any 11 using asbestos thermal msulation in the 1980s would 11 precautions being taken, would you agree with me that 12 be considered negligent? 12 that would be in violation of the regulations and 13 MR. ERWIN: Objection; vague and 13 would constitute carelessness or negligence? 14 ambiguous, "using". 14 MR. ERWIN: Same objections as to 15 mr. HEWITT: 'You're using -- it's 15 the term "use" in this particular 16 very -- very overbroad and speculative as 16 question. It's vaaue and ambiguous, 17 to your use of the term "using," and 17 overly broad, lacks specificity, and is an 18 I object on those grounds. IS incomplete hypothetical. 19 A. Can you describeYor mewhat you mean by 19 MR. HEWITT: Not applicable to the 20 "negligent"? 20 circumstances related to this lawsuit, 21 Q. (BY MR. waters) Yes, sir,careless. 21 therefore, it's misleading. 22 a. Careless? 22 a. Are we talking about tearing it out at 23 Q. Yes, sir. 23 this point? 24 mr. ERWIN: Same objections. 24 Q. (BY MR. WATERS) No, sir. We are talking 25 MS. KELLY: I'm going to object to 25 about utilizing thermal insulation products, taking Page 58 Page 61 1 that. It's not a proper legal standard, 1 them out of the box in the 1980s, eight years or 2 and I don't think that this man is 2 ten years after substitutes were available, cutting 3 qualified as an expert to give an opinion 3 and sawing those products and creating dust in the 4 on negligence. 4 process without any precautions. What is your opinion 5 Q. (by mr.~waters) You cananswer. 5 of that set of circumstances? 6 A. Please repeat, again. 6 MR. HEWITT: Same objections. 7 Q. Okay. Wouldyou agreewith me, sir, that 7 MS. KELLY: I join. S a company that was using asbestos thermal S A. It's creating a hazard that I think we 9 insulation -- and by "using", I mean using it as new 9 could eliminate. 10 product that they maintained in stores -- that that 10 Q. (BY MR. WATERS) All right, sir. And that 11 company would be negligent or careless? 11 constitutes carelessness, doesn't it? 12 MR. ERWIN: Object to the extent 12 a. Yes. 13 that it's posed as a hypothetical. 13 Q. And that type of activity would 14 a. Yes. 14 demonstrate an indifference to the health and safety 15 MR. ERWIN: Excuse me, sir. -- 15 of the workers, wouldn't it? 16 posed as a hypothetical relevant to the 16 mr. HEWITT: Again, I'm going to 17 facts of this case, and is an incomplete 17 object to the form oT the question on the is and improper hypothetical. is erounds it assumes facts not in evidence. 19 MR. HEWITT: It also calls for a 19 It's an inaccurate hypothetical with 20 legal conclusion on the part of the 20 respect to the issues and facts and 21 witness. I object on those grounds.'And 21 circumstances involved in this lawsuit, 22 it's misleading and assumesfacts not in 22 and it's misleading and overly broad. 23 evidence. 23 Q. (BY MR. WATERS) You can answer. 24 Q. (BY MR. waters) What is your opinion in 24 a. Yes. sir. 25 that regard, sir? 25 Q. Have you had an opportunity to assess the DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 56 - Page 61 GONZALEZ, ET AL VS. OCF, ET AL SEPTEMBER 25, 1997 Multi-Page OKAJL/ V tutu JL/cruoi 1 iuii kji STEVEN SELLERS Page 62 Page 65 1 size and scope of abatement projects, asbestos removal 1 its employees that a material was nonasbestos if, in 2 projects that perhaps Brown & Root was involved with? 2 fact, it contained asbestos? 3 a. Only the ones that 1 had the ability to -- 3 MR. HEWITT: Object to the fonn of 4 to work, yes, sir. in a -- there were other projects 4 the question. It's speculative and 5 that T was not involved with, and I may or may not 5 assumes facts not in evidence. o know the circumstances of the -- the conditions 6 A. Please reocat. 7 surrounding some of those. 7 MR. WATERS: That one you can read S Q. Do you recall any removal projects that S back. 9 involved large amounts, large volumes of pipe 9 (The requested material was read by to covering? 10 the reporter.) 11 A. Bv "larae" -- 11 MR. HEWITT: Also calls for a legal 12 Q. Well, for example, there's evidence in 12 conclusion. 13 this case that there were excess of 100.000 linear 13 MR. ERWIN: I object to the form as 14 feet of asbestos pipe covering removed at one time 14 vague. It misstates the proper legal 15 from the Armco facility. Would you consider that to 15 standards. 16 be a large job? 16 A. Yes. 17 MR. ERWIN: Objection; misstates 17 Q. (BY MR. WATERS) In all of the asbestos is the evidence -- miscnaracterizes the is monitoring work that you did, did you every monitor 19 evidence, assumes facts not in evidence, 19 the work of electricians who may have been working in 20 therefore is an incomplete and improper 20 the vicinity of asbestos-containing thermal 21 hypothetical to the extent this question 21 insulation? 22 relates to this case involving Leo Pyle at 22 A. No, sir. 23 the Armco facility HoustonWorks. 23 Q. Will you agree with me, sir, that the 24 MR. HEWITT: Join in the objection, 24 various precautions required by the regulations can be 25 it's misleading. 25 expensive? Paae 63 Page 66 1 MS. KELLY: Same. 1 A. Yes. 2 MR. WATERS: It's not the least bit 2 O. And in particular -- in particular, the 3 misleading. It's your document. You gave 3 medical monitoring requirement, that is to say, 4 it to me. It says -100,000 linear feet of 4 monitoring of workers with X-ray examinations on a 5 asbestos pipe covering" -- 5 continuing basis; that process can be very expensive, 6 MR. ERWIN: i'll stipulate the 6 can't it? 7 document says what it says, but it does 7 a. Yes, sir. 8 not -- I think we have mis-- differences s Q. Do you recallthat, in fact, the 9 of opinion as to whether that amount of 9 regulations required that persons exposed to asbestos 10 asbestos was removed fromthe Armco 10 be continuously monitored over the ensuing years to 11 facility. So, that's why I'm locking my 11 determine whether they developed any asbestos disease? 12 objection. I'm not meaning to get on your 12 a. If they continued to work with asbestos, 13 record inappropriately or make 13 yes. 14 unnecessary -- 14 Q. Okay. In your training and experience, 15 MR. waters: Okav. Let me -- let 15 did you become aware of the fact that even very small 16 me -- now that I think! understand the 16 amounts of asbestos dust or asbestos exposure can 17 objection better, let me restate the 17 cause cancer or mesothelioma? is question. is MR. HEWITT: Object to the form of 19 MR. ERWIN: And -- and I'm sorry. 19 that question; no predicate or foundation 20 Before you conduct another train of 20 has been laid, calls for a medical 21 thought we doagree that objections that 21 opinion. 22 are made by one"defendant are good for 22 Q. (BY MR. WATERS) You can answer. 23 everv defendant here. 23 a. Yes, sir. 24 MR. WATERS: Yeah, I think we did. 24 Q. Did you become aware of the fact that 25 Yeah, we did. 25 prior to OS HA, there had been regulations in the Page 64 Page 67 1 MR. ERWIN: All right. Excuse me, 1 state -- regulations in place from the state of Texas 2 Irish. 2 establishing a threshold limit value or maximum -- 3 Q. (BY MR. WATERS) Would you consider 3 maximum permitted exposure to employees in the 4 100,000 linear feet of asbestos covering on steam 4 workplace? 5 pipes to be a very large and significant amount of 5 a. I didn't know that. 6 asbestos? 6 Q. Okay. Did you become aware that there was 7 a. From a personal opinion, yes. 7 something called the Walsh Healy Act that governed not S Q. Okay. And from the standpoint of an 8 only Brown & Root's work for the federal government, 9 industrial hygienist and someone trained in the 9 but any corporation that was doing work for the 10 hazards of asbestos, would you also agree 10 federal government in terms of health and safety? 11 professionally that that is a significant amount of n MR. HEWITT: Object to the form of 12 asbestos? 12 that question to the extent it calls for a 13 a. Yes. 13 legal conclusion on the part of this 14 Q. Do you recall if Brown & Root ever removed 14 witness. 15 or was ever involved with removal projects for that 15 a. I was aware of the Walsh Healy Act, yes; 16 type or that amount of asbestos insulation? 16 not the details of it. 17 a. I do not know. 17 Q. (by MR. WATERS) Okay. You were not is Q. Do you recall from your own training and 18 aware, then, I take it, that the Walsh Healy Act 19 experience that a product called Johns-Manville 19 specifically contained a threshold limit value which 20 Thcrmobcstos, Thcrmobestos pipe insulation was an 20 indicated a maximum permissible exposure to asbestos? 21 asbestos-containing insulation product? 21 a. Bv Walsh Healy, is that - are you meaning 22 a. I remember the name, but I don't remember 22 theOSHA'act? 23 if it had asbestos or didn't have asbestos. 23 Q. No, sir. Prior to OSHA. 24 Q. Okay. Would you agree with me sir, that 24 a. Prior to OSHA, no, sir, I didn't know 25 it would be totally improper for an employer to tell 25 that. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 62 - Page 6 C.UNZALEZ, H'l AL VS. OCF, ET AL SEPTEMBER 25, 1997 xMulti-Pagc ORAL/VIDEO DEPOSITION OF STEVEN SELLERS Page 6S Page 71 1 Q- Will you agree with me, sir, that workers 1 I realized I didn't have that much more to 2 who are working in the vicinity of asbestos removal 2 do. 3 but are not actually doing the hands-on removal 3 MS. KELLY: Me next? 4 themselves will be exposed to significant amounts of 4 MR. WATERS: That's fine. 5 asbestos unless these various precautions are taken? 5 MS KELLY: Okay. 6 MR. HEWITT: Object to the ! 6 *** 7 overbroad, vague form of the Question, : 7 EXAMINATION s It's an incomplete hypothetical, and it 1 s *** 9 does not -- as" relative to the 9 BY MS. KELLY: 10 circumstances in issue and the facts of 10 Q. Hi, Mr. Sellers. My name is Trish Kelly. 11 this lawsuit. It's overbroad and vague. 11 I represent two product manufacturers in this lawsuit. 12 Q. (by MR. WATERS) Okay. You can answer. 12 We just met today; is that correct? 13 A. They would possibly be exposed, but not 13 A. Yes, ma'am. 14 necessarily would be exposed over anv kind of limits. 14 o. All right. First of all, do you know any 15 Q. Okay. Are you familiar with the fact that 15 of the products that were in use out at the Armco 16 the disease mesothelioma, that the main cause, if not 16 facility? 17 the only cause of that disease, is asbestos exposure? 17 A. No, ma'am. is a. Yes. is Q. All right. If I were to ask you if you 19 Q. And if a person develops mesothelioma 19 knew the name of W.R. Grace, do you have any 20 after a work history at a particular facility, would 20 recollection of that -- that name? 21 you agree with me that there were clearly -- there was 21 A. Yes, ma'am, I know of the name W.R. Grace 22 clearly enough exposure at that facility to cause that 22 from the plant that they had around the Houston 23 asbestos cancer? 23 area -- 24 ms. KELLY: Objection; calls for 24 Q. Okay. 25 speculation. This witness is not 25 A. -- at one point in time, but that's the Page 69 Page 72 1 qualified to give an answer. 1 extent of it. 2 MR. ERWIN: Also, to the extent 2 Q. Do you know what they made at the 3 it's posed to the hypothetical relative to 3 Houston -- at the plant? 4 this case, it assumes facts not in 4 A. No, ma'am, I don't. 5 evidence and is an incomplete 5 Q. Okay. Do you know, or do you have any 6 hypothetical. 6 personal knowledge of if there were any product 7 MR. HEWITT: With no predicate or 7 containing asbestos manufactured by W.R. Grace that s foundation. S was in use at the Armco facility? 9 Q. (BY MR. WATERS) You can answer. 9 A. I do not know that. 10 a. f would have to say that there's an 10 Q. Are.you familiar with Pittsburgh Corning 11 indication there's a possibility that it would be, but 11 Corporation? 12 not -- not a definite link between the two. 12 A. Yes, ma'am. 13 Q. Okay. Do recall some discussion about 13 Q. And how is it that you know Pittsburgh 14 burying asbestos on-site at various Brown & Root 14 Corning? 15 facilities? 15 A. Through their products and through 16 a. On - 16 advertisements. 17 MR. HEWITT: I'm goina to object to 17 Q. Okay. What products are you talking is the form of the question. It assumes- IS about? 19 assumes facts not in evidence, is 19 A. Insulation products, paint products. I'm 20 speculative. 20 sorry, please repeat again. P -- PPG, did you say? 21 a. I `recall the request of potential burying 21 No. You said -- 22 of asbestos on clients^ properties where Brown & Root 22 Q. Pittsburgh, PCC, Pittsburgh Coming 23 was a contractor, ves. 23 Corporation. 24 Q. (BY MR. waters) All right. What was your 24 a. Okay. Coming, only through insulation. 25 recollection or understanding as to the -- what the 25 Q. Okay. Did you ever see any insulation Paae 70 _Page 7 3 1 regulations permitted in that regard? 1 manufactured by Pittsburgh Coming Corporation in use 2 A. I think it, if I'm recalling right it was 2 at the Armco facility? 3 a state-by-state type of allocation on that. 3 A. No, ma'am. 4 Q. All right. Were you involved with the 4 Q. Are you familiar with the name Unibestos? 5 budget process at all with respect to the industrial 5 A. I've heard the name, but only by virtue of 6 hygiene program? 6 the word. 7 a. Only m a subprocess, whereas I would 7 Q. Okay. Then it would be true that you have S recommend to Carl if I needed any equipment or S not seen or know that a product named Unibestos was 9 materials; and he, in turn, would put it on the master 9 being used at the Armco facility? to budget for the department. 10 A. I would have no knowledge of that, 11 Q. Okay. 11 correct. 12 MR. HEWITT: Excuse me, can we go 12 Q. Okay. You can't sit here today and 13 off the record for one second? 13 testify as to asbestos exposure of any Armco 14 MR. WATERS: Sure. Do you need to 14 personnel, can you? 15 shutdown? 15 a. No, ma'am. 16 mr. hewitt: No, I just need to 16 Q. Did you know Mr. Leo Pyle? 17 talk to my staff for a second before they 17 A. No) ma'am. is leave. is Q. Okay. Did you know what he did? 19 THE VIDEOGRAPHER: It's 5:26 p.m. 19 a. No, ma'am. 20 We are off record. 20 Q. Can you sit here today and tell -- tell us 21 (Short recess.) 21 whether or not he may or may not have been exposed to 22 THE VIDEOGRAPHER: It is 5:30 p.m. 22 any asbestos-containing products? 23 We are back on record. 23 a. I could not tell you that. 24 MR. WATERS: I'll pass the witness. 24 Q. Okay. Arc you aware that not everyone who 25 What? W;e!I, I was just kind of going - 25 was around asbestos-containing products develops an DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 68 - Pae 75 GONZALEZ, ET AL VS. OCF, ET AJL Multi-PageTM ORAL/VIDEO DEPOSITION OF SEPTEMBER 25, 1997 STEVEN SELLERS Page 74 Page 7" 1 asbestos disease? 1 O. All right. What literature have you 2 A. Please repeat that again, please. 2 studied? 3 Q. Okay. You know that "npt everyone who 3 A. I -- 1 have seen -- let me back up here. 4 works around asbestos-containing products gets a 4 1 have seen some information in the packet of material 5 disease? 5 of noles that 1 looked through that said, through 6 A. Thu: is correct. 6 asbestos exposure, these types of diseases could come 7 Q. All right. Earlier on--I'm confused and 7 about: and it was listed oh that -- that sheet there S I just want to straighten up something: Are you aware s (indicating). 9 of any instances at Armco where Brown & Root workers 9 q. You, yourself, have not done any 10 did asbestos removal without taking proper 10 epidemiological studies regarding what types of cancer 11 precautions? 11 are caused by asbestos exposure? 12 A. No, ma'am. 12 A. No. ma'am. 13 MR. WATERS: Objection; calls for 13 Q. All right. And you've done no study to 14 speculation. 14 see what the current research indicates with regard to 15 Q. (by ms. KELLY) As you sit here today, 15 what types of cancers -- 16 when there was a program ongoing at Armco regarding 16 A. No, ma'am. 17 tear-out or abatement by Brown & Root, you observed 17 Q. -- may be caused? IS proper precautions being taken? is a. That's correct. 19 A. On the nvo occasions that -- that I was at 19 Q. All right. Since you -- in 1984, when you 20 Armco and sampled, the proper precautions were taken 20 left Brown & Root and went over to Well-X, have you -- 21 at that time. If I have said something to the 21 I understood that you have not kept up with any of the 22 contrary there, then -- then -- in previous 22 industrial hygiene area? 23 statements, I-- I was incorrect. The two times that 23 a. The duties of industrial hygiene are not 24 I monitored, all the precautions were in place with 24 as current -- they have slid. More"safety predominant 25 respect to the 0SHA-type regulations, the protection, 25 duties have come up, and less industrial hygiene Page 75 Page 78 1 the air monitoring, et cetera. 1 duties were on my plate, yes, ma'am; and I have not 2 Q. All right." And the air monitoring that 2 kept up very thoroughly with the IH side. 3 was being done, the air samples were sent out to a 3 Q. Ana so it's "- it's f-,:r to say that, just 4 laboratory? 4 as you said, it's not -- yc aj not -- you've not kept 5 A. Yes. ma'am. 5 up with the current state the literature and 6 Q. And how was that measured? In cubic 6 wnat -- what should or -Id not go on in an 7 centimeters per -- 7 industrial hygiene setting, right? 8 A. It was fibers per cubic centimeters, 8 A. That's correct. 9 that's correct. 9 MS. KELLY: Pass the witness. 10 Q. Okay. And it was fibers, correct? 10 MR. HEWITT: No questions at this 11 A. Yes, ma'am. 11 time. 12 Q. All right. Did it distinguish between the 12 MR. ERWIN: Ireserve mine until 13 various types of fibers? 13 the time of trial. 14 A. As tar as the asbestos fibers? 14 MR. WATERS: Just a couple 15 Q. Yes. 15 follow-ups. 16 a. No, ma'am, not to my knowledge. 16 * * * 17 Q. Okay. In other words, when your report 17 RE-EXAMINATION 18 came back and it talked about fibers, it didn't say IS *** 19 whether it was crysitallite, amosite, or chrysotile 19 BY MR. WATERS: 20 fibers? 20 Q. With respect to the issue of 21 a. No, ma'am. 21 gastrointestinal cancers -- 22 Q. Okay. Do you know of any air monitoring 22 A. Uh-huh. 23 that was done by Brown & Root that reflected any of 23 Q. -- you mentioned a document. Is this the 24 that? 24 Brown & Root document that you were speaking of that 25 A. No, ma'am, I don't know. 25 contains information about asbestos and that sort of Page 76 Page 79 1 Q. Okay. You're not aware of the mechanism 1 thing? Do you recall being shown -- shown this by the 2 that is put in place for -- for people who are around 2 Brown & Root lawyer? 3 asbestos-containing products that would cause them to 3 A. Yes. 4 develop a disease? 4 Q. Okay. Do you remember this document 5 A. Please repeat again. 5 being -- being disseminated in the ra department or at 6 Q. Okay. You are not a doctor? 6 Brown & Root back in the '70s? 7 a. No. ma'am, I'm not a doctor. 7 A. No. I don't. 8 Q. All right. You're not aware, then, of the 8 Q. Okay. Well, let me -- letme just 9 mechanism that causes asbestosis or any disease caused 9 represent to you that there was testimony yesterday 10 by asbestos -- 10 from a witness -- what was his name? Mr. Ward; is 11 a. No, ma'am, I am not. 11 that right? 12 Q. -- exposure? 12 MR. HEWITT: Hodges. 13 Q. You discussed with Mr. Waters earlier that 13 MR. ERWIN: Hodges. 14 you knew that asbestos can cause certain types of 14 Q. (by mr. waters) -- Mr. Hodges, that this 15 diseases, and he mentioned various gastrointestinal 15 was a document that was distributed among Brown & Root 16 cancers. Are you -- do you know that that is -- that 16 employees at some level? 17 asbestos causes GI cancer? 17 mr. hewitt: Object to the form of is a. When I -- when I was thinking of GI, I was 18 that question as assuming facts not in 19 thinking of esophagus and that type of - of cancer; 19 evidence and a mischaracterization of 20 whereas I have seen literature that says that it's 20 earlier testimony. 21 possible to have cancer of that type through asbestos 21 Q. (by mr. waters) All right. Looking at 22 exposure, only in literature. 22 this Brown & Root document, if you'll read along with 23 Q. Okay. We're talking about 23 this last sentence where it starts, "However," can you 24 gastrointestinal? 24 read that to the jury? 25 a. Okay. No, ma'am. 25 A. Yes, sir. "However, they still are" -- DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 74 - Page 75 uUNZ-ALliZ., L T AL VS. OCF, h i AL Multi-Page ORAL/VIDhO DEPOSITION OF SEPTEMBER 25, 1997 _________ STEVEN SELLERS 1 "are at an increased risk of other asbestos-induced Page 80 i ... j l and there would be no sense m removme it. Paae S3 2 diseases including asbestosis, mesothelioma, and I 2 Q. (BY MR. WATERS) Okay. But the removal 3 gastrointestinal cancers." 3 process itself, one of the reasons it's so expensive 4 Q. Okay. 4 is because of all of the precautions that need to be 5 MS. KELLY: Wait a minute. 1 want : 5 taken? t> to ask him about that. 1 6 a. Tnat's correct. 7 MR. WATERS: That would be fine, 7 MR. WATERS: I'll pass the witness, s ms. KELLI: I mean, when you are s MS. KELLY: ijust nave one 9 done. 9 follow-up. 10 MR. WATERS: Okav. 10 * * * 11 Q. (by mr. waters) Did you come to 11 RE-EXAMINATION 12 recognize, and did Brown & Root recognize, that the 12 *** 13 Occupational Safety and Health Administration was a 13 BY MS. KELLY: 14 good source of information, rules, guidelines, and 14 Q. This document that Mr. Waters showed you 15 regulations concerning the hazards of asbestos? 15 that was, I guess, produced -- 16 a. Yes, sir. 16 MR. WATERS: At Brown & Root. 17 Q. And, in -- in fact, did you at -- at Brown 17 Q. (BY MS. KELLY) - at Brown & Root do you is & Root rely on OSHA for that type of information? is do you Know when it was, the date of this? 19 a. Yes, sir. 19 a. No, ma'am. 20 Q. Let me show you from the Federal Register 20 Q. Okay. And so I assume that you haven't 21 of OSHA findings, June 20th, 1986, if you'll follow 21 gone back and seen anything that may have followed it 22 along with me. If youTl look over here on Page 22 up? 23 22620, "OSHA concludes that well conducted studies 23 A. No, ma'am, I have not. 24 demonstrate a substantially increased rate of lung 24 ms. KELLY: Okay. Thank you. 25 cancer and mesothelioma mortality among workers having 25 MR. WATERS: No questions. Page 81 1 low cumulative exposures to asbestos." First of all, 1 2 did I read that correctly? 2 3 A. Yes, you did. 3 4 Q. And is -- is this lclusion from OSHA 4 5 consistent with your r llection and your 5 6 understanding or the ies that, in fact, low 6 7 cumulative exposures to asbestos could cause these 7 8 types of cancer in a particular lung cancer? 8 9 MR. HEWITT: Object to the form of 9 10 that question. No predicate foundation 10 11 has been laid for this witness to express 11 12 such an opinion. It's misleading. 12 13 MR. ERWIN: Also %-ague ancf 13 14 ambiguous as to the time"frame, so... 14 15 Q. (BY MR. WATERS) You can answer. 15 16 a. ft could, yes, sir. 16 17 Q. We talked earlier about substitutes. Do 17 IS you recall that-- IS 19 a. Yes, sir. 19 20 q. -- testimony? 20 21 If you'll follow along here at Page 22651 21 22 of the OSHA findings, it states, "In the past, the 22 23 price of substitute materials has been much higher 23 24 than the price of asbestos." First of all, did I read 24 25 that correctly? 25 THE VIDEOGRAPHER: It is 5;47 p.m. We are off record. (Deposition concluded at 5:47 p.m.) -oOo- Paae 84 Paae 82 Page 85 1 A. Yes, you did. 1 STATE OF TEXAS ) 2 Q. Do -- do you recall sir, that based on 2 COUNTY OF HARRIS ) 3 your time frame in the field, '76 to '84, that the 3 I STEVEN SELLERS. HEREBY CERTIFY that I have 4 substitute materials that were being used in 4 react the foregoing deposition, and that this 5 substitution for thermal insulation were much more 5 deposition, together with my corrections, is a true 6 expensive than the asbestos materials? 6 and correct record of my testimony given at this 7 a I didn't have any knowledge on the cost. 7 deposition. 8 Q. All right. You were aware, or you did 8 9 become aware that abatement or removal of asbestos was 9 10 an extremely expensive procedure? 10 STEVEN SELLERS 11 a. It was an -- it was an expensive 11 12 procedure. I did not consider it "extremely". 12 13 Q. Okay. 13 14 a. You "know, that word, I guess, means 14 SUBSCRIBED AND SWORN TO BEFORE ME by STEVEN 15 different things to different people. 15 SELLERS, on this, the day of 16 Q. All right. And certainly, whatever the 16 A.D., 1997. 17 expense may have been, in your mind, it would have 17 is been justified because of the significant safety IS 19 considerations? 19 20 MR. ERWIN: Objection; vague and 20 Notary Public m and tor the 21 ambiguous. 21 State of 22 MR. HEWITT: It's also speculative 22 23 and assumes fads not in evidence. 23 24 a. If it's creating hazards, yes. If it's in 24 25 place, then it would be creating" no hazard for anyone, 25 Mv Commission Expires: DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 80 - Page 85 UUlN/LALhZ., Hi AJL VS. OCF, Hi' AL SEPTEMBER 25, 1997 CORRIGENDUM I, STEVEX SELLERS, wish to make the followins changes or corrections in the testimony as originally given: PAGE LtXE CHANGE Multi-Page URAL/VlUhU UHPUSiitUN OP STEVEN SELLERS Paae 86 JtK. L A.MyfVtw WAltU LAW OFFICES OF C. .ANDREW -CO Sorjh^Una. Suite 142U Dallas. Texas *5208 MS PATRICLA KELLY GRAHAM, L L.?_ ,,,, 4. Van dvcrrn. West iowct 40. O.-awc :4X STEVEX SELLERS SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned audio- rjtyy,, bv STE'VEN SELLERS. U witness berembetorc cameo, on (3us thbe day or A.D.. 1991.----------- republic to" aud for die State of County of _ My Commission Expires: STATE OF TEXAS * COUNTY OF HARRIS Pase 87 I, LISA A. BERRY, a Certified Shorthand Reporter in and for the State of Texas, do hereby certify' that the foregoing answers in response to the questions propounded were made before me by STEVEN SELLERS, the witness hereinbefore named, after said witness had been first duly cautioned and sworn to testify to the truth, the whole truth and nothing but the truth. Further certification requirements pursuant to Rules 205 and 206 will be certified to after they have occurred. I further certify the above and foregoing deposition is a full, true, correct and complete transcript of the proceedings had at the time of taking of this deposition. GIVEN UNDER MY HAND AND SEAL OF OFFICE OH this the 30th day of September, 1997. L1SXATBERRY. USK iG SERVICES. P C. Houstfli* icxis < fuO/ (T13) 952*6021 FAX (713) 952-67:6 My Commission Expires: 12/31/98 NO. 95-04-172S-D IN THE DISTRICT COURT OF CAMERON COUNTY. TEXAS 103RD JUDICIAL DISTRICT ORAL DEPOSITION OF STEVEN SELLERS TAKEN ON SEPTEMBER 25. 1997 L LISA a BERRY. Certified Shorthand Reporter, CSR #.*10* bereoy cartuy that: L This deposition transcriot is a true record of the testimony given bv'tbc witness herein, aer said witness was tfuly sworn bv rue. j __________ 7s the chargc-for die ' prcuaratiod of iIk completleed doeposmition transcript and auiv copies of exhibits attached thereto, charged to Uelyadaii^Pro Rata as noted; deposition transcript was submitted on for the Wluicss to cxajnute"SI4iI iilfl fitItR lb DLANA"HLNJUM REPORTING SERVICES'. P.C.. bv______________ a: TIk deposition transcript was i IT (rdeetpiomseitdio,npooioj ceicrclyt executed by Uie witness, to the b: The deposition transcript was jranned unsigned because of ___ _ illness; ___ rciusal to sign.___ absence oTwit_n_e__s_s;, ____ n5 reason given. isition was$ uuOoTwYeeiturued__ isiaon wass re^ltainc<ed b. v T ~T.T.TEUJ5- V agreement ot thhee Parti< wp^drtiffvv that tic attached cliance/corrccdon sboct'contauu any uianges, and the reasons thcTeiore. made bv the wwiittnneess. tOilj.c. d Tcoicpyotrhigcirncaofl.eC3xfejcpuotehdctaarrbaalnens,scetongpeLlhoerr awith *811 exhibits, was ( ) was ubt ( ) oelivered to Uie custodial Attornev, MR. C. ANDREW WATERS. LAW OFFICES w^ ^ Su':W- /.. Pursuant to.inloftlUTOE ilUfli 5 pii'. or the record at Uie time said testimony was taken, the following includes all panics of record. Page SS MR. JANGUS V HEWITT MEREDITH. DONNELL J^*-BERNEHTt' 6oO TravisMjuicxas Coauwcrce tower Houston, Texas 77002 APPEARING FOR DEFENDANT BROUN Si ROOT USA INC. Taxable Cost: __ ___________ _ MR. K HARDfNG ERWIN. JR Houston, 1 APPEARING FOR DEFENDANT AR.VJ.CO i axable Cost:______________ 8. A cooy of lilts certificate was served on all Dirties slV:i herein 'GIVEN UNDER MY HAND AND SEAL QF OFFICE on Oils the day of ___________ ,199/ DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 86 - Page 89 OUNZ,ALEZ, El AL VS. OLE, El AL SEPTEMBER 25, 1997 Multi-Page ifs> iuh - assuming STEVEN SELLERS 48:23 52:18 54:20 77:19 74:2 76:5 area [?] 21:16.18 2S:o ! ________ -##3104 [3j 87:21 SS:8 S9:23 ________!$! S [l] SS: 10 1986[i] 80:21 1997(8] 1:15 6:6 85:16 86:22 87:19 S8:7,23 89:21 2____________________ - - 2[ij SS: 10 20(i) 48:3 8___________________: - 8 [i] S9:20 83(i] 3:S 85m 3:10 86 [l] 3:11 87(1] 3:12 age [l ] 10:18 30:25 33:7.7.8 71:23 agent [2| 5-:22 55:17 77-22 ago (H 57:3 j areas [2] 13:23 2S:7 agreemi i~:12 21-7 22-4 23:2.13 29.20 35:25 37:7 ! j argumentative 52.5 [2] 43:4 38:12.IS 39:7 40:17 41:4 ArmcO(25] 2:20 6:17 41:8 43:12 45:18 50:19 25:19.20 27:3,8 29:3.12 51:11.20 52:17 56:S 57:9 29:14 32:24 33:18 41:13 i I 1 j j I ! '68 [l] 8:24 '70s [i] 79:6 '72 [i] 37:13,14 '74 [i] 28:22 '76 [20] 13:1 14:6 19:8 20:2.10,12,12 23:1 25:4 205 [l] 87:12 206 [l] 87:12 20th (l) 80:21 21 [l] 8:4 222(2] 2:S 89:6 22620(1] 80:23 22651 [l] 81:21 -995-04-1728-Dm 1:1 88:1 952-6625 [I] S7:23 952-6776(1] 87:23 -A- 58:7 59:14 60:11 63:21 45:11 62:15.23 63:10 64:10.24 65:23 68:1.21 71:15 72:8 73:2,9,13 74:9 agreed (s) 4:4.6,15,19 5:2 agreement [ij 88:19 74:16,20 89:18 AR085 m 56:4 agreements m 4:3 arrival [4] 11:22 13:18 14:2 56:16 ahead [2] 33:23 43:14 arrived m 57:2 AIHA [1] 22:11 article [2] 53:12,22 ; ] 27:6 28:22 37:17 41:15 41:18 44:13 45:4,19 46:5 57:2 82:3 '77 [4] 17:17 20:2 22:22 23:1 '80[1] 28:15 25 [i] 88:7 25th [2] 1:15 6:6 -3- 3(1] 88:12 A-b-b[i] 8.17 a-i-gpj 47:25 A.D(2] 85:16 86:22 abatement [4] 16:12 62:1 74:17 82:9 air [26] 13:6.6.20,20.23 14:2 18:4,4.5 20:5,9.15 25:6,7,7 30:9.11,24 39:22 39:25 40:18 46:5 75:1,2.3 75:22 airborne [i] 40:13 articulately (ij 35:19 asbestos (134] 9:8 14:17 14:23.25 15:15,21,25 16:1 16:4,20,23 17:9,14,18,21 18:1.5 19:2.12.13.23 20:3 20:16,16 21:6,14 24:12 ! '80s [2] 47:18 60:10 3003(2] 2:18 89:16 Abbeville m 8:16 10:11 AL[4] 1:2.5 88:2,5 24:25 25:7.17 28:21 29:16 '81 [2] 28:16 41:12 '84 [13] 22:22 23:2 25:5 27:6 28:22 37:17 41:15 30th [i] 87:19 3:51 [2] 1:15 6:2 Abernethym 1:18 2:13 allocation [i] 70:3 6:7 89:11 allow [i] 40:13 ability [i] 62:3 almost (ij 18:18 29:24 30:9,14,23 31:7 32:5,5,25 33:10 34:3.15 34:17.20 35:10.12.2! 36:4 36:16.22 37:9,18 38:10 41:18 44:13 45:4,19 46:5 82:3 _______ -4- 4(i] 88:14 400(3] 2:4 88:23 89:2 able [4] 13:5 31:8 47:7 59:1 above [S] 1:14 39:14,18 39:25 87:14 along [4] 54:2 79:22 80:22 81:21 ambiguous [i7] 23:18 26:11 30:4 36:11 38:2 38:19,22 40:8,13,17.18 40:2-3,24,25,25 41:5.8,15 41:19 43:22'44:5 45:4.21 46:5 47:9 49:14 52:19 405 [i] 87:22 absence (lj 8S:17 39:4 43:23 46:1 51:17 54:1,3,5,5,20 55:3.20 56:9 46[i] 7:10 4:50(1] 52:11 absent [2] 29:19 48:9 Absolutely [i] 23:25 52:2,25 55:12 56:12 57:14 56:19 57:4,6,11 58:8 59:5 60:16 81:14 82:21 59:6 62:1,14 63:5,10 64:4 ! among [2] 79:15 80:25 64:6.10,12.16,23,23 65:2 i -5- 10 [2] 46:9 52:8 100,000 [3] 62:13 63:4 64:4 5(2] 52:7 88:19 50/50(1] 49:3 103RD[2) 1:5 88:5 5850(1] 87:22 11 [l] 4:3 5:05[i] 52:14 12/31/98 [2] 87:25 89:23 5:26[i] 70.19 1420 [3] 2:4 88:23 89:2 5:30(1] 70:22 1429 [2] 2:8 89:6 5:47 m 84:1,3 15 [l] 46:9 1930s [2] 54:22,24 6- - 1935 [l] 54:4 6(3] 3:5 27:2 88:21 968 [l] 8:23 ; 970s [l] 47:2 1971 [1] 37:11 1973 [l] 8:24 600(4] 1:19 2:14 6:8 89:12 6850(4] 1:18 2:13 6:8 89:11 1976 [9] 8:10 9:1,23 10:20 14:3 34:7 4S:23 52:18 54:20 -77(1] SS:24 1977 [2] 17:13 4S:12 71 [i] 3:6 1979 [lj 49:13 713(2] 87:23,23 1980 [6] 19:S 20:10,17 33:14 34:4 41:12 1980s [3] 57:11 59:15 61:1 1981 [2] 33:14 34:4 1984 [7] 8:10 20:17 34:8 75208 [3] 2:4 SS:23 89:2 77002(2] 2:14 89:12 77046(2] 2:19 S9;J7 77057 [i] 87:23 78 [i] 3:7 78551 [2] 2:9 89:7 accompanied [i] 18:19 amositem 75:19 accordance [2] 1:21 29.25 amount]?] 21:22 23:16 24:8 29:24 40:1 63:9 64:5 act [5] 18:13 67:7.15.18 64:11,16 67:22 amounts [3] 62:9 66:16 activities [8] 19:22.25 68:4 22:24 25:10 35:9.11 42:1 36:22 analysis (ij 39:22 activity m 61:13 ANDREW [6] 2:3.3 88:22,23 89:1.1 actual [2] 34:17 35:21 ADAMS [2] 2:7 89:5 Andym 6:14 announce [i] 6:12 added [i] 41:22 answer [22] 4:9 10:23 adding [1] 32:20 23:23 25:1 30:6 31:17 addition [5] 21:24 34:16 33:5,12 35:16 36:12 3S:7 35:20 39:5 46:10 43:7 47:14 51:1 55:13 additional [2] 39:8 4S: 14 Administration m 80:13 58:5 61:23 66:22 68:12 69:1,9 81:15 answers [2] 1:12 87:6 appearances [ij 6:13 advertisements m appearing [i2] 2:5.10.15 72:16 2:20 4:5,7.20 5:3 89:3,8 advise [l] 44:10 S9:13.18 aerodynamic [i] 30:20 affects [i] 43:10 affiliated [lj 7:20 again[i7] 13:10 19:17 23:24 35:1,3,17 40:15 applicable [3] 50:24 60:19 88:21 application m 21:9 applym 12:1 approaching m 23:3 41:17 42:23 44:13 47:2 appropriate [i] 29:19 49:22 58:6 61:16 72:20 April [i] S: 10 65:17 66:9,11,12.16,16 67:20 68:2.5.17,23 69:14 69:22 72:7 73:13 74:1,10 75:14 76:10,14,17.21 77:6 77:11 7S:25 S0:15 81:1.7 81:24 82:6.9 asbestos-containing [li] 16:13 23:5 34:10 40:12 56:17 64:21 65:20 73:22,25 74:4 76:3 asbestos-induced m 80:1 asbestos-related m 33:17 asbestosis [3] 17.1 76:9 80:2 ascertain [i] 39:20 assess [i] 61:25 assistant [ij 10:4 associated [2] 15:24 54:2 assume [3] 18:22 23.4 83:20 assumes [2i] 33:2.22 34:23 36:7 40:21 42:10 42:21 47:12 4S:19 50:15 54:12 56:2! 58:22 59:23 61:IS 62:19 65:5 69:4.18 69:19 82:23 assuming [i] 79:18 i i ! ; DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Index Page 1 UUNZALEZ,, til AL V5. UCi% hi AL SEPTEMBER 25, 1997 Multi-Page attacnea - acmonstratc STEVEN SELLERS attached [2] SS: 11.19 7:21,22.25 8:5.7.9 9:2,11 22:9 S7:4.12 SS:S.21 [conclusions p] 34:2 correctly [4) 54:8,17 attempt [2] 42:2.5 9:22 10:1.7.22 11:6.18.21 certify [j] S5:3 S7:5.14 jcondition [i] 56:10 81:2.25 attend [21 16:6,7 attending [i] 16:10 attitude [i] 51:24 12:1.9.13 13:19 16:12 19:12 22:13 28:21 29:13 32:8.25 33:1 1.17 34:3.9 34:14.17.19 35:21 36:2 8S.S.19 cetera [i] 75:1 chance [ij 16P (conditionsp] 62:6 [conductpj 63:20 iconducted p] 80:23 Corrigendum pi 3:11 COSt[6] 42:17 S2:7 89:4 9 S9:14.19 attorney [2| 32:S SS:22 attorneys [4i 4:5,7.20 5:3 audits (1) 13:24 36:13.21 37:2.8.16.19 38:9,19 41:14.19 43:11 44:10 45:21 46:12 47:1 47:21 4S:5,10 49:19,24 50:22 52:18 53:6,15,20 chances [i) 59:7 change [2] 8:7 S6:7 change/correction [i] 8S:20 :confirmp] 23:6 confused [i] 74 7 Connecticut [ij 6:21 connection pi 27:23 counsel [4] 4:16.18 6:12 49:19 country p] 16:14 34:15 County [7] 1:3.20 85:2 86:19,24 87:2 88:3 authority[i] 86:21 53:23 55:2 56:16 57:2 changes [2] 86:4 8S:20 55:3.3 couple [3] 11:24 14:11 available [i] 61:2 62:2 64:14 67:S 69:14.22 characterize [i] 7:15 consider^] 22:S,18.21 7S:14 aware [19] 17:13 29:2 34:8 54:19 56:15 57:1.3 59:4 66:15,24 67:6,15.18 73:24 74:8 76:1,8 82:S,9 74:9,17 75:23 77:20 78:24 charge [ij 88:10 79:2,6,15,22 80:12,17 83:16,17 89:14 charged [i] 88:11 budget [2] 70:5,10 CHASE [2] 2:18 89:16 Buren [2j 2:8 89:6 chemical [i] 13:24 24:17 37:19 40:11 62:15 64:3 82:12 considerations [6] 42:17,18.19 43:13,15 82:19 course [7] 14:25 15:1,21 15:23 16:2 26:20 39:17 courses pi 14:12 coursework [i] 15: IS -EL b [l] 88:16 burying [2] 69:14,21 business [2] 7:15.16 chemistries [ij 10.3 chemistry [ij 12:4 chrysotile [i] 75:19 considered [4] 4:17 43:18 51:2 57:12 consistent [i] 81:5 court [4] 1:2 4:22 35:7 88:2 cover[i] 47:8 Bachelor [i] 8:25 background [4] 8:20 10:2 12:4 22:15 bag[i] 27:24 baghouse[8] 28:1,2.24 -C- C [9] 2:1,3,3 86:1 88:18,22 88:23 89:1,1 C-r[l] 47:24 circulated [i] 55:25 constitute [i] 60:13 circumstances p2] constitutes p] 39:2 24:18 25:22 42:6 45:20 61:11 48:10 52:19,22 60:20 61:5 61:21 62:6 68:10 construction p] 47:3.3 7:19 covering^] 62:10,14 63:5 64:4 Craig (i) 47:23 create p] 23:15 38:11 createdpj 19:2,13 20:4 29:2 33:14 34:5 35:22 calls [9] 31:11 55:7 58:19 City [i] 1:19 41:12 baghouses [ij 28:4 59:22 65:11 66:20.67:12 C'vilfl] 1:21 68:24 74:13 classes [l] 14:24 ballpark [3] 46:7 47:2 48:25 based [S] 7:23 24:10 33:6 51:4 82:2 CAMERON [2] 1:3 88:3 cancerps] 17:6 54:2.6 55:3,4.21 66:17 68:23 clearp] 33:12 clearly [2] 68:21.22 clients'[ij 69:22 basis [i] 66:5 Bayou [ij 10:12 became [ij 34:8 become [ii] 40:13 48:1 54:19 55:18 56:15 57:1.3 66:15.24 67:6 82:9 76:17,19,21 77:10 80:25 81:8,8 cancer-causing [2] 54:21 55:17 cancers [7] 17:10 44:7 53:25 76.16 77:15 78:21 80:3 clouds [i] 21:17 cluep] 47:5 cognizantpj 17:13 college [2] 8:21 10:25 colleges [i] 14:13 coming [ij 41:2 consultation p] 49:24 contact pi 11:3,9 contain [4] 41:6 56:19 57:6 60:8 contained [4] 4:10 59:5 65:2 67:19 containing [i] 72.7 contains p] 24:25 78:25 88:20 21:13 22:5 34:3 52:19 creating [5] 41:20 61:3.8 82:24,25 crysitallite [i] 75:19 CSR [4] 87:21 88:8 89:23 89:23 cubic p] 75:6.8 cumulative pj 81:1,7 currentp] 77:14.24 78:5 contemporary pj 10.17 Custodial pj 88:22 content [i] 30:9 cut [2] 11:15 59:6 context [i] 36:1 cutting [2] 25:18 61:2 began [ij 13:22 cannot [3] 19:24 26:17 comments p] 33:6 continue p] 9:24 beginp] 13:19 30:9 Commerce p] 1:19 2:13 [continued[i] 66:12 ________ Eh benefit [i] 10:4 capacity^] 12:16 47:17 89:11 continuing [i] 66:5 dp] 3:1 S6:l SS:18 BERRY [S] 1:16 87:4,21 carcinogen [i] 54:25 SS:S 89:23 careless [6] 37:20 57:21 Berwick [2] 8:22 10:12 57:22 58:11 59:15 60:6 best [5] 10:20 14:1.27:21 carelessness [4] 38:13 30:7 48:8 50:21 60:13 61:11 - better^] 59:12 63:17 between [8] 4:4,6,15,19 5:2 55:3 69:12 75:12 Carl [6] 10:1 14:14,22 15:17 18:18 70:8 carry [i] 30:25 bit [2] 14:5 63:2 0its [l] 14:22 boldlypj 21:4 bonded p] 40:24 59:8 59:13 case [6] 9:7 18:22 58:17 62:13,22 69:4 caused [3] 76:9 77:11,17 causes pj 31:3 76:9,17 cautioned[i] 87:9 Dondingpj 59:10 centimeters [2] 75:7.8 Dorn [ii 8:16 30x [i] 61:1 breathing[i] 41:2 briefly [ij 7:14 bring [i] 15:6 broad [2] 60:17 61:22 Brown [85] 2:16 6:19 certain p] 18:18 39:IS 39:18 76:14 certainly [4] 20:1 31:6 47:6 82:16 certificate [2] 3:12 S9:20 certification [ij 87:11 certified p] 1:16 5:6 Commission [3j 85:25 86:25 87:25 companies p] 43:11 59:11 company pi] 2:10 6:21 7:12.17,19.25 8:11 57:10 5S:S.ll 89:8 complete [i] 87:15 completed [2] 48:12 88:11 complied [i] 5:1 comply [i] 48:6 concern p] 24:15 49:14 50:7 concerning [9] 14:16 32:24 41:6.12.13 43:21 45:4 59:17 SO: 15 conclude [i] 38:2 concluded pj 84:3 concludes [i] 80:23 conclusion pj 33:9 51:15 58:20 59:23 65:12 67:13 Sl:4 continuously pi 11 :S 66:10 contractor [4] 14:25 15:21 16:1 69:23 contrary pj 74:22 copies [i] 88.11 copy [5] 5:6 15:6,10 88:21 89:20 Corning pj 2.11 6:22 72:10.14,22,24 73:1 89:9 Dallas pi 2:4 88:23 89:2 dangerous [2] 40:14.19 Daniel p] 2:23 6:10 data pj 27:9.10 date [4] 6:5 15:5 S3:18 89:23 dates [i] 21:1 deadly pi 41:9 dealing pj 22:17 corporate p] 46:14 48:24 deals p] 7:IS decisions pj 43:9,10 corporation [ii] 1:5 2:11 6:22 51:7,20 67:9 defendant p] 2:15.20 63:22,23 89:13.18 72:11,23 73:1 S8:5 89:9 Defendants [3] 2:10 corporation's[i] 51:24 88:12 89:8 correct[i9] 21:23 27:25 definite [i] 69:12 31:3,5 33:15 34:6 37:6 39:3 44:15 71:12 73:11 74:6 75:9,10 77:18 78:8 S3:o S5:6 87:15 corrections [2] 85:5 86:4 definition [i] 38:3 degree p] 8:25 delivered[i] S8:22 demolition [i] 15:25 demonstrate [2j 61:14 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 2 GONZALEZ, ET AL VS. OCF, ET AL SEPTEMBER 25, 1997 Multi-Page department - good STEVEN SELLERS S0:24 Drawer [2] 2:S 89:6 52:2- 54:14 55:1 I ^6:1! : 67:12 69:2 72:1 followed [3] 17:25 51:9 department [4] 9:3 10:3 duly [3] 6:24 S7:9 88:10 57:12.24 5&A2A5 59:16 'extremely (5] 1715 S?:21 70:10 79:5 during [4] 19:23 29:17 deposition [26| 1S.12 47:1S 55:2 4:11.21 5:4.5 6:5.6 9.5 dust [25] 19.2.13 20:3.6 32:2.9 S4:3 S5:4.5.7 S7:!5 j 20:16 21:13.16.17.22 22:5 S7:17 88:6.9.11.12.15.16 23:16 24:7,S 25:23 32:25 59.20 50:14 62:17 63:p 63:19 64:1 65:13 69:2 7S: 12 `9:13 81:13 S2:20 SS.15 esophagus [ij 76:19 88:16,IS,IS 34:2 36:17 3S:22 39:21 essentially!:] 15:14 30:15.20 S2:l0.12 -F^ : face [l | 44:25 ! facets [l ] 14:7 following [3] 4:3 86:3 SS:25 follows [11 6:25 force [3] 4:12.23 5:7 foregoing [3] S5:4 87:6 87:14 describe^] 12:15 57:19 40:2.4 41:20 52:19 61:3 described [6] 23:10 2S:7 66:16 establishing[i] 67:2 estimate [i] 11:23 i facilities [2] 25:14 69:15 form [32] 4:9 13:7 23:20 facility [16] 27:13,20 24:21 26:11 31:14 33:1 39:6,7 51:24 53:7 duties [6] 22:14,15 34:7 et [5] 1:2.5 75:1 SS:2.5 28:22 33:18 34:4 41:13 33:20 34:13.22 36:6.19 desire [i] 42:14 despite [4] 26:3 42:7 51:22,23 detail [1] 20:23 77:23.25 78:1 -E- E [15] 2:1.1.8 3:1 4:1.1.1 evaluations [l] 13:24 event [2] 11:25 50:4 evidence [25] 4:11 33:3 33:22 34:24 36:8 40:22 45:11 62:15,23 63:1 1 6S:20,22 71:16 72:8 73:2 73:9 fact [17] 20:8 21:12 30:17 30:17 46:IS 48:2,14 54:20 37:22 38:25 40:20 41:24 45:25 47.il 50:14 51:13 54:11 55:6 56:20 61:17 65:3,13 66:1S 67:11 68:7 69:18 79:17 81:9 details [3) 25:8.12 67:16 7:2 71:7 78:17,17 83:11 determine [2] 20:5 66:11 83:11 86:1 89:6 develop [i] 76:4 e-v-i-l-l-e [ij 8:18 developed [2] 14:10 66:11 early [5] 17:12,16 30:13 47:18 59:14 development [i] 54.6 early-tO[i] 55:20 develops [2] 68:19 73:25 easiest [i] 25:4 Diana [3] 6:11 S7:22 educate [i] 43:21 88:13 educational [i] 8.20 differences pj 63:8 effect [4] 4:12.23 5:7 different^] 25:14 82:15 49:17 82:15 efficiency [2] 42:17 directly [i] 12:17 43:9 discuss [l] 44:23 effort [i] 48:6 discussed^] 23:15 efforts [i] 37:2 39:24 76:13 eight [i] 61:1 discussion [i] 69:13 eitherpj 29:10 discussions [ij 29:5 electricians [ij 65:19 disease [io] 17:4.6,6 66:11 68:16.17 74:1.5 76:4.9 Eleven [2] 2:18 89:16 eliminate^] 37:4 39:13 51:9 61:9 42:11.21 47:12 48:19 50:15 54:12 56:22 58:23 59:24 61:1S 62:12.18.19 62:IS 55:5 69:5,19 79:19 82:23 evidently [ij 59:10 exact [ij 15:5 Examination[2] 3:5.6 examinations [ij 66.4 examine [i] SS: 13 examined [i] 6:25 example [6] 15:20 16:22 17:2.20 44:4 62:12 except [2] 4:8.9 excess [2] 26:2 62:13 excuse [4] 28:22 58:15 64:1 '0:12 executed pi SS:: 5.21 exhibits [2] 88:11.22 existing [i] 35:10 expense [i] 82:17 55:18 57:10 65:2 66:8.15 formal [9] 8:6 12:9 13:22 66:24 68:15 80:17 81:6 14:5,24 15:18 16:17 18:1S facts [24] 33:2.22 34:24 20:2 36:7 40:21 42:10.21 47:12 formalized p] 14:12.24 4S.19 50:16 54:12 56:21 22:15 58:17.22 59:23 61:18.20 62:19 65:5 68:10 69:4.19 forth [l] 1:22 79:18 82:23 found [i] 56:17 fails [l] 39:3 failure [l] 50:20 fair [12] 7:24 17:20 1S:22 18:25 19:17 20:1 22:20 26:19 30:13 43:12 49:9 78:3 familiar[6] 48:1 55:18 56:6 68:15 72:10 73:4 far[l] 75:14 foundation [5] 54:14 55:8 66:19 69.8 81:10 frame [26] 15:1 19:7.10 19:21.24 20:1 22:22.24 23:1 25:4 27:6 28:23 37:15,17 41:15,17 44:14 45:5,19 46:6,13 52:17 54:20 56:13 81:14 82:3 free [i] 26:22 frequently [i] 34:9 FAX [i] 87:23 federal [5] 48:2 50:13 67:8,10 80:20 feet [3] 62:14 63:4 64:4 Felipe [l] 87:22 friable [i] 56:9 friend [i] 9:25 front [i] 22:16 full [3] 7:5 44:1 87:15 diseases [5) 16:24 44:6 76:15 77:6 S0:2 disseminated [i] 79:5 distinguish [i] 75:12 distributed [ij 79:15 DISTRICT [4] 1:2.5 employed [9j 7.11,12 8:2 10:21 11:14.15,17 46:12 52:18 employee [3] 36:15.21 37:16 employees [i9] 17:25 expensive [6] 65.25 66:5 felt [i] 10:3 S2:5.;0.11 83:3 fiber [2] 29:24 59:6 experience [6] 9:13 24:1] 30:14 51:4 64:19 66:14 Fiberglass; 1:4 6:5 SS:4 expert [ij 58:3 fibers [i6] 30:14,23 31:2 31:4.7 39:23 40:13.18.25 fully [l] 4:25 function p] 21:21 25:15 29:13,20 functions [i] 13:6 -G- SS:2.5 29:3 32:24 34:19 36:2 disturbed [ij 37:8 doctor^] 76:6.7 37:3,3 38:9,19 41:14 44:10,21 45:21 46:15 51:10.21 65:1 67:3 79:15 documcntpi] 50:3 56:4 employer [3] 8:7 43:20 56:5 63:3.7 78:23,24 79:4 64:25 79:15,22 83:14 employment [2] 9:22 EXPIRATION [i] 89:23 Expires pj 85:25 S5:25 87:25 exposed [8] 38:22 45:21 52:3 66:9 68:4,13.14 73:2! 41:6 75:8,10.13,14.18,20 G [2] 4:1 86:1 field [6] 9:1.25 11:13 14:7 gainpj 9:22 49:2 82:3 gas [i] 7:18 filed[L] 5:4 gastrointestinal [5] filters [i] 30:8 17:9 76:15.24 78:21 80:3 findings [2] 80:21 81:22 general p] 15:14 19:19 documented [2] 45:12 45:17 documents [3] 25:20 32:3,6 doesn't [3] 9:17 50:24 61:11 9:22 enclosed [i] 30:11 encouraged [ij 11:25 engineering [i] 7:19 ensuing [ij 66:10 done [8] 23:6 29:25 52:20 entitled [i] 53:24 75:3,23 77:9.13 80:9 Environment [i] 7:13 Donnell [4] l;ls 2:13 6:7 epidemiological [i] 89:11 77:10 down [7] 21:15 41:20 42:3,5,7,14 70:15 equipment [4] 18:9 44:24 45:1 70:8 Dr [2] 55:19,22 draw [2] 33:9 34:2 Erwin [30] 2:17 6:16.16 23:17 30:2,4 43:23 52:1 exposes pj 51:10.21 fine [3] 56:8 71:4 S0:7 exposure [22] 16:20.23 26:3 32:24 33:10 36:24 36:25 57:5 40:6 41:8 54:3 24;; 65;16 67:3,20 68:17 first [18] 6:24 11:5 12:12 12:16 18:3.25 19:3 20:19 37:12 43:14 54:3,7,10,10 71:14 SI: 1.24 87:9 68:22 3:13 76:12.22 77:6 fixture[i] 30:11 77; 21 flange [2] 2S:1,2 exposures [4] 31:7 44:5 81:1.7 express p] 55:9 SI: 11 expressed[i] 49:14 expressing[i] 50:6 extent [9] 13:8 2S:2) 33.21 54:12 58:12 62:21 float [i] 30:25 floating [i] 21:17 folks[i] 53:5 follow [2] 80:21 81:21 follow-up [i] 83:9 follow-ups [i] 7S:15 25:9 32:4 34:7 36:1 42:22 generated [i] 32:25 geographic [ij 36.9 GI [2] 76:17,18 given [10] 9:4 47:1.4 49:10 85:6 SS:5 87:1S 88:9,17439:21 giving [2] 45:3,10 goes [2] 37:1 1 43:9 gonepj 27:15 83:21 Gonzales [3] 1:2 6:4 88:2 good [Sj 4:17 16:4 52:9 DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Index Page 3 GONZALEZ, ET AL VS. OCF ET AL Multi-Page1 governed - maintained SEPTEMBER 25, 1997 STEVEN SELLERS 63:22 80:14 Hewitt [63] 2:12 6:18.1S INC [2] 2:16 S9:14 learn [i] 16:17 governed [u 637 governmental 4S:2 67:8.10 Grace [6] 2:10 631 71:19 71:21 72:7 S9:8 graduated [2j S.22.25 GRAHAM [2] 2:7 89:5 Grcenway[2] 2:18 89:16 grewpj 10:9,13 grounds [6] 31:15 37:23 39:1 57:18 58:21 61:18 13:7 15:9 23:19 24:20 includc(2[ 17:1 44:4 -J- learned [4] 17:23 18:13 26:10 2S:9 30:1.3 31:10 31:13 32:8,19 33:1.20 includes [2] 8:5 88:25 JAMES [2] 2:12 S9:10 34:12.22 46:6.1 S 37:22 including [3] 13:6 32:17 Jim[i] 6:18 3S:6.15.24 40:20 41:23 S0:2 ijob [is] 19:23 20.4 25:5.9 42:9.20 45:24 47:10 48:18 incomplete [6j 58:17 25:14 29:13.20 34:11.15 18:15 28:23 least [4] 11:24 48:3,12 63:2 leave [i] 70:18 50:14.23 51:13 52:4 53:1 59:20 60:18 62:20 68:S 35:23 42:13,14 47:6 50:8 f left [3] 47:18.21 77:20 54:10 55:5 56:20 57-.S115 69.5 5S:19 59:22 60:19 61:6 Incorporated [i] 6:19 61:16 62:24 65:3.11 6o:lS 67:11 68:6 69:7.17 70:12 incorrect [i] 74.23 70:16 78:10 79:12.17 81:9 increased [2] 80:1.24 62:15 jobS[2j 20:10 47:3 Johns-Man ville p) 64:19 legal [13) 38:3.6.20 39:3 50:24 51:14,16 58:1.20 59:23 65:11,14 67:13 lendp) 12:5 82:22 89:10 increases [i] 40:5 join [6] 23:22 36:20 56:23 lengthy [i] 11:21 Group [l] 7:13 Hi [i] 71:10 independent [2] 27:12 59:19 61:7 62:24 Leo [2] 62:22 73:16 guess [2] 82:14 83:15 high [3] S:22 10:9 30:9 50:3 journal pi 53:12,14.24 less [3[ 8:4 16:17 77:25 guidelines [!) 80:14 Gunderson [3] 29:6,7 29:11 -Hhalf [i] 32:21 Halliburton [ii] 7:12 7:17.20,22,24 8:3,8.13 9:11.12 43:11 Halliburton's [l] 7:15 hand [4] 43:17,17 87:18 89:21 handling [i] 16:4 higher [i] 81:23 indicated [3] 28: ll Highway [i] 27:2 55:20 67:20 hired [3] 10:6 47:16,19 indicates (ij 77.14 history [i] 68:20 indicating [i] 77:8 Hodges [3] 79:12,13.14 honest [ij 10:24 hours [2] 32:19.22 house [l] 27:24 Houston [12] 1:20 2:14 indication [2] 38:13 69:11 indifference [ij 61:14 indifferent [i] 51:25 industrial [32] 10:4,5.6 12:5.10.10.13.19.25 13:5 2:19 6:8 11:17 27:1 62:23 21:20 22:7.14.18.19.21 71:22 72:3 87:23 89:12 22:23 23:3 41:18 47:20 89:17 51:5.6 53:5.7.18,23 64:9 hundreds [i] 47:5 j 70:5 77:22,23.25 78:7 journals [i] 55:25 JR [2] 2:17 89:15 JUDICIAL [2] 1:5 88:5 June(i) 80:21 juryp] 79:24 justified^] 82:18 -Kkeenp] 22:23 Kelly [29] 2:7 3:6,8 6:20 6:20 23:22 31:11 36:20 37:13 43:3 56:23 57:25 59:19 61:7 63:1 68:24 level [6] 12:20 22:5 26:3 34:2 39:18 79:16 levels [4] 20:5 26:2.15 39:14 library [2] 53:8,23 light [i] 57:10 likelihood [i] 40:5 limit [7] 26:16,18 39:15 39:15 40:6 67:2,19 limited [2] 34:4 36:9 limits [i] 68:14 LINE [i] 86:7 linear[3] 62:13 63:4 64:4 hands-on [i] 68:3 hygiene [24] 10:5.5,6 handwriting [i] 20:25 Harding [3] 2:17 6:16 89:15 Harlingen [2] 2:9 89:7 harmpj 41:2 Harris [3] 1:20 85:2 87:2 12:6.10.13,19 13:1.5 21:20 22:14,18.24 27:16 51:6 53:5,8,18.23 70:6 77:22.23.25 78:7 hygienist [9] 22:7.19,21 23:3 29:10 41:18 47:20 51:6 64:9 hazard [i8] 17:18 24:19 hypothetical [isj 24:10 24:23 31:3 36:17 37:19 24:22 37:24 39:2 41:25 3S: 1! 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UU*, fcl AL Multi-Page maintaining - period SEPTEMBER 25, 1997 STEVEN SELLERS maintaining [i] 59:11 66:17 6S:16.!9 80:2.25 I necessarily [2] 40:7 [obligations[ij 59:16 outside^] 14:8 30:10 maintenance[2j 34:IS met [3] 17:25 32:19 71:12 1 68:14 [observation[ii 21:11 overbroad [is] 23:18.20 36:2 method [i] 39:6 necessary [4j 20:4 36:5 'Observe[3] 24:11,12 30:5 31:15 33:3 34:13.24 man [2| 7:9 5S:2 methods in 25:23 Manuel [3| 1:2 6:4 8S:2 mid-1960s[i] 55:20 , 45:22 51:11 [~- TO: i 41:19 [observed [2] 56:4 74:17 36:8 38:1 46:1 47:13 48:20 50:16 52:25 55:6 57:16 6S:7.11 manufactured [2j 72:7 might[io] 12:5 15:11,12 jneedcdf 7Q.o 73:1 32:21 34:19 36:15 37:5 jneeaCQ(ii /0.8 observing (2| 23:9 39:21 overly [2] 60:17 61:22 occasion pi 19:1 manufacturers [ij 38:21,22 50:S 71:11 mindni S2.17 marked ni 56.3 mine [ii 78:12 market [ij 57:4 minute [ij 80:5 master [ij 70:9 mis [i] 63:S material [is] 13:15 15:25 mischaracterization 21:21 24:3 26:8 31:22 [i] 79:19 j negligence [4j 3S.14 i 50:22 58:4 60:13 negligent [7] 37:20 51:2 57:12.20 58:11 59:15 60:7 neverji] 35:4 new [3] 12:25 13:3 5S:9 occasions [7] 19:11.21 20:15 21:5,19 32:11 74:19 occupational [S] 53:13 53:24,25 56:1 80:13 occurred [3j 14:11,23 87:13 overruled pj 42:15 Owens-Coming p] i 6:4 88:4 own [4] 7:19 16:8 18:21 64:18 owned [ij 8.12 4 next[i] 71:3 occurrence [i] 19:3 owns [l] 7:22 35:6 40:8 43:1 59:8.14 60:4 65:1.9 77:4 mischaracterizes [i] 62:18 noise [1] 13:23 nonasbestos pj 65:1 off [5] 11:15 52:12 70:13 70:20 84:2 -P- materials [13] 16:13 34:10 36:4 37:9 40:10 41:15 47:9 53:6.10 70:9 81:23 82:4.6 matter [i] 6:3 MATTHIESEN pj 2:18 89:16 maximum [3] 67:2.3,20 may [29] 4:10.21 5:6 18:14 24:7,7.23.23 27:14 27:15 2S:3 40:5,8,9.24 44:25 46:15 47:8 54:5 misleading [16] 23:21 26:11 36:11 38:1 39:1,4 40:22 41:2.4 51:17 54:13 58:22 60:21 61:22 62:25 63:3 81:12 Mississippi [2] 49:16 50:12 misspoke [ij 57:2 misstates [2] 62:17 65:14 mistaken [i] 26:14 nonemployees [i] 38:21 nonresponsive [2] 35:14 46:20 normal pj 40:12.18.23 Northeast [i] 8:23 Notary [3] 4:21 S5:20 86:23 noted [i] 88:12 notes [3] 21:3 32:4 77:5 nothings) 21:4 S7:10 offering [i] 4:10 office [9] 26:25 46:14 48:24,24 49:1,10 56:1 87:18 89:21 P[6] 1:2 2:1.1 6:4 72:20 88:2 P.C [2] 87:22 88:14 p.m[8] 1:16 6:2 52:11,14 officer^] 88:16 70:19,22 84:1,3 offices [4[ 1:17 2:3 88:22 P.O[2] 2:8 89:6 89:1 packet pj 77:4 oil [i] 7:18 Page [io] 3:5.6.7,8.10.11 old [2] 7:9 34:20 3:12 80:22 81:21 86:7 on-site [l] 69:14 paintpj 72:19 on-the-job [3] 14:14,21 paper [ij 54.4 57:2 59:1 62:5.5 65:19 73:21,21 77:17 82:17 83:21 mean [7] 16:1 25:8.9 26:21 57:19 5S:9 80:8 meaning pj 55:15 63:12 67:21 means [2] 13:12 82:14 measured [i] 75:6 measurements [i] 40:5 measures [ij 41:21 mechanism [2] 76:1,9 mechanisms [5] 23:10 23:15 24:13 25:23 45:23 medical [3] 55:10 66:3 66:20 Medicine [2j 53:13,24 meet [2j 32:7,11 money [i] 43:10 Notice [l] 1:23 monitor^) 20:5 46:16 50:20 65:18 notified [i] 36:23 monitored [3] 19:23 66:10 74:24 November [7] 8:9 9:23 13:1 14:2.6 19:8 20:12 monitoring [29] 13:6.20 13:23 14:2 18:4.14 20:9 20:15,19 21:8 25:7,17,18 37:9 39:7.22.25 48:3,7.11 now[i3] 10:20 11:13 16:5 22:25.25 26:1 33:12 36:14 , 1 42:4 46:10 47:18 48:22 63:16 48:15 49:16 52:20 65:1S number[8] 13:22 17:24 66:3,4 75:1.2.22 19:20 24:5 32:19 45:7 Monroe [l] 8:24 47:2 55:15 moral [ij 38:20 [numbered [ij 1:14 mortality [ij 80:25 numerous [i] 45:7 movep] 26:23 Ms [27] 2:7 3:6.S 6:20 23:22 31:11 36:20 37:13 43:3 56:23 57:25 59:19 61:7 63:1 68:2.4 71:3,5.9 -O- 0 [5] 7:2 71:7 78:17 83:11 J1 86:1 oath [i ] 5:25 15:16 Oncepj 22:12 one [29] 4:16 9:17 13:3 14:11 15:16 18:12 19:11 24:2,5 25:21 26:5 27:18 27:20 28:3,15,15 29:8 37:1 42:24 53:14 57:1 60:2 62:14 63:22 65:7 70:13 71:25 83:3.8 ones [2j 53:14 62:3 ongoing [3] 19:1 47:4 74:16 openp] 30:10 operation [5] 36:17 41:21 42:3,5,7 operations [6] 25:18 32:25 33:1 1,18 34:3,5 opinion [io] 43:13 55:7 55:10 5S:3,24 61:4 63:9 parp] 30:14 parent [i] 7:25 Paris [2] 2:23 6:10 part [io] 20:2 43:16.16 46:22 49:23 50:22 51:15 58:20 67:13 88:24 particular [ii] 25:5 26:16 33:13 36:10 53:11 54:1 60:15 66:2.2 68:20 81:8 particularly [3i 44:6 51:5 52:3 parties [9] 4:4.6.15,17.19 5:2 88:19.25 S9:20 parts [i] 38:14 pass [3] 70:24 78:9 83:7 pastp] 81512 PATRICIA [2] 2:7 89:5 meetings] 44:17 49:24 meetings [4] 44:17.19 44:22,23 74:15 78:9 80:5,8 83:8.13 83:17,24 89:5 object [3S] 13:7 23:17,19 24:20 26:10 33:20 34:12 64:7 66:21 81:12 opinions [2] 28:20 32:23 Paul [l] 7:7 PCC[l] 72:22 multinational [ij 7:17 34:22 35:13 36:6.18 37:22 opportunity [i] 61:25 PEL [2] 39:25 40:6 member[i] 22:11 memopj 49:17.18.22 memorandum [ij 50:11 memory [3] 21:4 26:20 28:13 memos [ij 32:5 men[t] 47:S mentioned [4] 15:20 45:15 76:15 7S:23 Meredith [4] l:iS 2:13 6:7 89:11 merely [i] 39:20 mesothelioma [6j 17:4 -N- N[12] 2:1 3:1 4:1 7:2,2 71:7,7 78:17,17 83:11.11 86:1 name [i3j 7:5,7 29:7.11 47:22 64:22 71:10.19.20 71:21 73:4,5 79:10 named [4j 73:S 86:21 87:8 88:9 nature [9] 7:16 15:1S 17:18 28:20 39:20 44:1 44:11,16 45:4 nearp] 34:15 38:25 41:23 43:3 45:24 46:15 47:10 50:14 51:13 52:24 54:1 1 55:5 56:11 56:20 57:1 S.25 58:12.21 61.17 65:3,13 66:18 67:11 opposed [2] 29:14 49:1 ORAL [i] 88:6 ORAL/VIDEO [2] 1:8 1:12 people [5] 15:24 27:16 42:1 76:2 82:15 per [3] 4:3 75:7,8 percent [i] 40:7 6S:5 69:17 79:17 S1:9 order [i] 32:8 perform [4] 13:5 14:2 objection pij 4:16 30:1 organizations [i] 14:13 18:13 29:13 30:2 31:10.1 1,13.16 33:1 40:20 42:9.20 4S:1S 52:1 57:13 62:17.24 63:12,17 68:24 74:13 82:20 objections [7] 4:8 38:15 50:23 57:24 60:14 61:6 63:21 obligation pj 38:20 original [i] 88:21 originally [2] 8:14 86:4 OSHA [12] 21:9 37:11 48:21 66:25 67:22.23,24 80:IS.21,23 81:4.22 OSHA-typep] 74:25 otherwise [ij 23:6 performed [9] 20:8.15 25:14 29:3 34:18,19 35:22 36:3 46:5 performing [2] 21:20 25:6 perhaps [i] 62:2 period [6] 11:4.21.22 17:17 20:17 36:10 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page f VJVU^JUE^, Cl AL VO. AJL Multi-*'age periods - right SEPTEMBER 25, 1997 __________ STEVEN SELLERS periods [i] 30:25 PPG[i] 72:20 protected [2] 36:24 42:2 27:4,12 29:1 45:6.7 50:4 report [2] 12:16 75:17 permissible [3] 26:3 practice [l] 51:12 protection [4] 39:13 69:25 71:20 Sl:5 reported [2] 12:21 54:3 40:6 67:20 practices [i 1 16:4 45:14 55:21 74:25 recommend [i] 70:S rcporterpi] 1:17 13:16 permitted [2] 67:3 70:1 precautions [17] 21:25 protections [2] 49:16 person^] 4:13 41:2 22:4 26:4 29:19 35:11 52:21 recommendation pj 42:8 24:4 26:9 31:23 35:7 43:2 60:5 65:10 87:4 88:S 42:14 47:20 6S: 19 37:4 3S: 12 51:1 1 60:11 protective [7] 23:10.14 record [i7] 6:1,13 7:6 Reporter's [i] 3:12 person's [i] 29:11 61:4 65:24 6S:5 74:11,IS personal [5] 27:4 44:9 74:20,24 S3:4 44:24 64:7 72:6 predicate [4j 55:8 66:19 personnel [2] 34:9 73:14 69:7 81:10 predominant [i] 77:24 persons [3] 18:1 31:6 66:9 prejob [i] 44:23 pertained pi 53:19 pertaining [4] 21:3 32:3 32:5 35:11 preparation [2] 32:1 88:11 prepare [1] 32:9 pharmacy [5] 9:1,1,25 10:2 11:13 present^] 2:22 4:13.18 21:20 24:18.24 28:12 phonetic [i] 8:12 presentations [i] 45:3 phrased [2] 35:20 55:7 presented [i] 37:25 physical [3] 12:5 16:18 presently [2] 7:11 26:25 18:13 presumably [i] 21:24 24:13 25:22 41:21 44:24 45:22 prove [i] 42:18 provide [2] 43:25 50:21 provided pi 14:8 providing [i] 37:20 Public [3] 4:21 85:20 86:23 publications [i] 53:19 purpose [2] 15:23 59:3 purposes [2] 13:3 37:2 pursuant[3] 1:22 87:11 88:24 put [8] : 2:4,4 14:12 33:7 49:8 60:3 70:9 76:2 pieces [21 14:22 40:9 previous [2] 32:15 74:22 Pyle [2] 52:22 73:16 21:3 28:7,10 52:12.15 63:13 70:13.20.23 S4:2 85:6 88:9.24,25 records [8] 2S:11 32:4 33:17,25 48:3,7,11.15 reduce [4] 21:22 25:23 37:4 51:9 reduced [i] 59:7 reference p] 4:25 53:9 reflected pj 15:1 16:3 75:23 refreshed [1] 28:13 refusal [i] 88:17 regard [3] 58:25 70:1 77:14 regarding [3] 12:10 74:16 77:10 Reporting pj 6:11 87:22 : SS:14 reports [i] 20:24 represent [2] 71:11 79:9 | request [i] 69:21 i requested po] 13:15 j 16:7 24:3 26:8 29:13 I 31:22 35:6 43:1 60:4 65:9 j required [io] 21:25 36:15 37:17 38:12 39:12 43:20 45:22 48:2 65:24 66:9 : requirement [4] 37:9 39:15 48:6 66:3 i j requirements [6] 4:24 15:24 16:3 17:24 39:8 87:11 I i j requires [1] 21:8 j pipe [5] 25:17 62:9,14 63:5 64:20 pipes [i] 64:5 previously [4] 9:5 23:10 29:3 55:16 price [2] 81:23,24 -Q- qualified [5] 14:1 46:12 Register [1] 80:20 regulations [is] 7 22:1 29:25 39:12 20 research [2] 55:19 77:14 reserve [i] 78:12 respect [io] 14:16 15:15 j j Pittsburgh [8] 2:11 6:22 Prop] 88:12 46:23 5S:3 69:1 48:17,21 50:13 5 '3 27:18 28:12 33:14 37:24 ! 72:10,13,22,22 73:1 89:9 problem p] 50.8 questions [5] 9:14.17 60:12 65:24 66:9.25 67:1 61:20 70:5 74:25 78:20 1 place [12] 19:13,20 23:4 procedure [4] 1:2121:15 78:10 3:25 87:6 70:1 74:25 80:15 respective pj 4:5,17 ; 34:21 36:5 37:12 50:11 50:13 67:1 74:24 76:2 82:25 plaintiffs [4] 1:14 2:5 6:15 89:3 plant [7] 21:18 25:16 28:12 36:10 50:12 71:22 72:3 plate [i] 78:1 Plaza [2] 2:18 89:16 point[3] 8:6 18:9 25:12 60:23 71:25 poorp] 48:24 poorly [1] 40:16 portion [1] 46:20 posed [3] 58:13,16 69:3 position [4] 12:1,12,25 13:4 positions [l] 22:13 possession [i] 48:11 possibility [i] 69:11 possible [10] 31:6 39:24 40:3 45:15,20 46:2 47:15 54:21,24 76:21 82:10,12 procedures [l] 35:8 quite pi 45:14,19 regulatory [3] 16:3 17:24 52:22 respiratory [3] 39:13 45:13 53:25 j proceedings [i] 87.16 -R- relate [l] 28:20 responding pj 35:16 process [10] 15:12 18:19 20:4 21:8,12 29:17 61:4 66:5 70:5 83:3 produced[2] 1:13 83:15 product [8] 58:10 59:2 60:8 64:19,21 71:11 72:6 73:8 R[8] 2:1.17 4:1 78:17 83:11 85:1,1 89:15 racks [i] 25:17 Ralph [i] 47:23 range [i] 48:25 rank[i] 47:13 related [4] 9:10 20:16 36:22 60:20 relates pi 62:22 relationship p] 7:24 relative [2] 68:9 69:3 release [7] 29:24 40:IS 40:25 41:5 59:2,6.7 response [i] 87:6 responsibility [i] 42:13 ] responsiveness pi 4:9 restate [i] 63:17 restroom [i] 52:8 result [2] 16:19 17:13 products [18] 32:5 40:12 Ratap; SS: 12 40:17.23 41:1,5 59:5 rate [ii S0:24 60:25 61:3 71:15 72:15 72:17,19,19 73:22.25 74:4 76:3 Re-Examination [2] 3;7.S professional.^] 8:21 14:13 24:15 51:5 read [26] 5:8 13:12,13,15 24:1.3 26:6,8 31:20.22 35:3.6 42:24 43:1 54:2,7 professionally p] 54:16 50:1,4 65:7,9 79:22 64:11 79:24 81:2,24 85:4 program^] 70:6 74:16 realized [i]. 71:1 progress [i] 52:9 reanswer [i] 31:1S progressed [i] 22:16 reason pj 9:16 37:16 project [4] 42:12 44:17 48:15 58:17 44:20 46:15 reasons [2] 83:3 88:20 released p) 40:25 relevant [i] 58:16 relyp] 80:18 remember [12] 21:1 25:16,18,19 27:7 30:7 35:4 53:9 55:22 64:22.22 results [3] 16:19 26:14 39:25 resume [2] 15:2.6 retain [i] 48:6 retained[2] 48:15 88:IS retention pj 48:2 79:4 return pj 4:25 88:13 remembering [2] 19:22 returned [4] 4:22 88:15 30:12 88:16,18 removal[i8] 15:25 16:12: review [3] 50:2 53:17 21:1.8,12 23:13 25:17 55:25 34:17 35:21 41:19 62:1.8 64:15 68:2,3 74:10 82:9 83:2 reviewed [4] 27:11 32:1 33:16 56:5 revicwing[4] 21:3 25:19 possibly [3] 24:5 46:16 projects [6] 21:2 62:1.2 recalling [i] 70:2 68:13 62:4,8 64:15 received [3] 14:6,19 removed [5] 29:17 49:15 26:13 50:10 62:14 63:10 64:14 Richardson [24] 10:1,8 posting [i] 39:8 proper [it] 23:4 37:4 53:14 removing [i] 83:1 10:16,21.25 11:4.17 12:1 potential [12] 24:19,23 36:17 37:19 38:11 39:10 41:1,5 50:8 51:7 55:16 69:21 potentially [2] 40:19 41:9 power[i] 50:12 38:3,3.5 49:15 58:1 65:14 74:10,IS.20 properly p] 42:2 50:20 SS: 15 properties p] 69:22 property [i] 59:3 propounded[i] 87:7 recess pj 52:13 70:21 recognize [3] 50:10 80:12.12 recognized [5] 17:18.20 17:23 20:3 59:1 1 recollection [15] 14.1 19:19 23:8 25:6,13.22 repeat [ii] 9:19 23:24 26:5 31:19 56:24 58:6 59:25 65:6 72:20 74:2 76:5 repetitious p] 53:2 rephrase p] 9:18 57:1 replace[2] 12:23 47:16 12:21 13:25 15:17 16:16 16:22 17:8,14 18:8,14 46:11.23 47:7 49:4,9.14 50:6 right [44] 8:14 9:4 13:25 14:15 15:13,19 19:17 21:19 22:3 28:14,17 30:12 32:7,IS 34:1 45:2,18 DIANA HENJXJM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 6 GONZALEZ, E l AJL VS. OCF, ET AL Multi-Page SEPTEMBER 25, 1997 __________________ np-out - Tower STEVEN SELLERS 46:17 49:6 51:19 53:11 secondp] 57:3 70:13,17 25:3.5.14 34:1 1.15 47:3.7 statement [ij 51:16 technician [5] 10:5.6 54:16.19 55:24 59:9 61:10 see[4j 15:9 31:S 72:25 64:1 69:24 70:2,4 71:14 77:14 71:18 74:7 75:2,12 76:S 77:1,13.19 7S.7 79:11.21 seek(i] 9:21 S2.S.16 segment [i] 45:14 50:S situation[i] 25:20 size (i] 62:1 skilled [i] 13:4 statements [i] 74:23 states [i] 81:22 Statutes [1] 4:24 stayp] 30:24 12:13 13:1 51:6 technicians [i] 12:20 techniques [i ] 13:20 ten [i] 61:2 rip-out [2] 23:9 24:11 Sclikoff[2] 55:19.22 slid [2] 22:14 77:24 steam [ij 64:4 term [5] 16:1 52:3 57:17 risk fi] 80:1 Sellers [17] 1:9,13 3:3 6:3 small [2] 30:15 66:15 Steve[i] 6:3 59:18 60:15 role [i] 54:6 rooms [i] 30:7 Root [82] 2:16 6:19 7:21 7:22,25 8:5,7,9 9:2.11.22 10:1,7,22 11:6,18,21 12:1 6:23 7:8.9 52:16 71:10 85:3.10,15 86:3,17.21 87:7 88:6 send[i] 14:8 senior [i] 49:11 Smith[i] 54:4 solep] 43:16 someone [4j 13:4 41:2 47:16 64:9 sometimes [4] 42:15.16 Steven [i3] 1:9.12 3:3 6:23 7:7 85:3,10,14 86:3 86:17,21 87:7 88:6 Still [5] 51:10 57:10 59:1 59:3 79:25 terms [2] 24:22 67:10 test [i ] 26:20 testified [l] 6.25 testify [2] 73:13 87:9 testifying [i] 4:13 12:9,13 13:19 16:12 19:12 sense [9] 8:7.19 9:18 22:13 29:13 32:8,25 33:11 11:20 14:10 44:18 46:4 33:17 34:3,9,14,17,19 48:23 83:1 35:21 36:2,15,21 37:8.16 sent[i] 75:3 37:19 3S:9,19 41:14.19 43:11 44:10 45:21 46:12 47:1,21 48:5,10 49:19,24 50:22 52:18 53:6,15,20 53:23 55:2 56:16 57:2 sentence [i] 79:23 September [5] 1:15 6:5 48:12 87:19 88:7 series [l] 9:14 62:2 64:14 69:14,22 74:9 served [ij 89:20 74:17 75:23 77:20 78:24 79:2,6,15,22 80:12.18 83:16,17 89:14 Root's [3] 28:21 37:2 67:8 RULE[i] 4:3 rules [4] 1:21 4:24 80:14 87:12 services [S] 6:11 7:13,18 87:22 88:14 session [i] 45:13 S ionS[l] 44:10 4] 1:22 24:18 28:4 61:5 setting [i] 78:7 severalp) 18:20 22:17 43:9,10 stipulate [i] 63:6 somewhat [i ] 49:11 stipulations (ij 1:22 sorry [7] 35:1 42:23 48:24 Stop [i] 9:18 49:2! 56:5 63:19 72:20 stores [i] 58:10 sort [4] 12:20 30:11 56': 1 straighten [i] 74:8 78:25 Street pj 1:19 6:8 sought [1] 16:7 Studied [l] 77:2 sounds [i] 28:17 Studies [3] 77:10 80:23 source [3] 14:9 18:15 81:6 80:14 Study [i] 77:13 sources [ij 15:15 Styled [i] 1:14 South [3] 2:4 88:23 89:2 submitted [i] 88:12 speaking [3] 78:24 33:13 42:22 subprocess [i] 70:7 specialized [i] 15:2 SUBSCRIBED [2] 85:14 86:20 specific [9] 18:23 19:18 20:21.22.23 21:1 25:6,13 subsidiary [i] 8:11 testimony [9] 36:14 45.9 79:9.20 81:20 85:6 86:4 88:9.24 testing [i] 23:5 Texas [23] 1:3.17.19,20 1:21 2:4,9,13,14.19 6:9 67:1 85:1 87:1,5.23 88:3 88:23 89:2,7,11,12,17 Thank [i] 83:24 themselves p] 30:18 31:2 68:4 thereafterp] 4:22 13:19 20:13 therefore^] 33:9 36:1 1 54:13 60:21 62:20 88:20 thereof [2] 5:6 88:21 thereto [2] 4:4 88:11 -s- S [2] 2:1 4:1 S-e-l-l-e-r-s [l] 7:8 S-t-e-v-e-n [i] 7:7 shall [l] 4:17 Shared [i] 7:13 Sheet [3] 15:2 77:7 88:20 Short [3] 11:21 52:13 70:21 safe[i] 16:4 shortcut [l] 15:12 safety [20] 7:13 9:3 10:1 Shorthandp] 1:16 87:4 12:10 22:15 24:14 27:16 88:8 29:10 42:13,19 43:13,15 44:22,23 51:5 61:14 67:10 sbortly[i] 13:19 77:24 80:13 82:18 show[4] 53:12,22 56:3 sampled[2] 21:5 74:20 80:20 samples pj 33:7.8 75:3 showed [l] S3:14 sampling [20] 13:6,21 showing [i] 18:8 13:24 14:23 18:4,19,21 shown [4] 49:19 79:1,1 20:5 21:3 25:7 26:14,16 89:20 25:16 specifically [8] 14:16 19:24 20:24 27:14,19 43:20 45:16 67:19 specificity [2] 56:12 60:17 speculation [5] 31:12 46:21 47:13 68:25 74:14 speculative [19] 13:9 24:21 30:3 33:4 34:23 36:19 42:10.20 45:25 47:11 48:18 50:15 52:4 53:1 56:22 57:16 65:4 69:20 S2:22 spent [5] 27:19 48:23 49:1.2.9 substance [2] 17:15.21 thermal [7] 56:17 57:11 substances [i] 51:22 58:8 59:4 60:25 65:20 substantially [i] 80:24 82:5 substitute [2] 81:23 82:4 Thermobestos [2] 64:20 64:20 substitutes [4] 56:17 57:4 61:2 81:17 thinking p] .47:19 76:18 76:19 substitution [i] 82:5 thoroughly [l] 78:2 such [6] 20:19 23:10 35:22 45:10 48:7 81:12 thought [l] 63:21 suggested [i] 54:4 three [2] 11:24 32:16 Suite [5] 2:4 6:8 87:22 8S:23 89:2 threshold^] 26:16,18 39:14,15 67:2,19 superintendents [3] 42:12 44:17,20 through [16] 4:4.7.20 5:3 8:20 14:12,14 18:17,19 23:2 72:15,15,24 76:21 surrounding [ij 62:7 77:5.5 27:9,10 28:7 32:4 33:S,17 shut [6] 41:20 42:3,5,7,14 spoke [l] 49:22 switched [i] 22:13 throughout [2] 11:4.8 33:24 46:5 70:15 Staff [2] 44:16 70:17 sworn [5] 6:24 85:14 times [13] 18:20 27:4,7,8 samplings [i] 26:17 side [i] 78:2 Stand [2] 4:14 41:1 86:20 87:9 88:10 29:1 32:15,16 45:3,7,8 San[i] 87:22 sign [2] 88:13,17 Standard^] 38:4,6 39:4 46:4,9 74:23 saw [4] 11:5,6 42:1 49:17 signature^] 3:10 4:25 50:25 51:17 58:1 -T: titles [l] 25:16 sawed [i] 59:6 signed [3] 4:21 5:4.8 standards [i] 65:15 T [5] 4:1 7:2 71:7 78:17 TLV [i] 40:1 sawing [i] 61:3 says [4] 63:4,7,7 76:20 scenario [i] 24:1 S school [S] 8:21.23 10:9 11:5,11 Science [i] 8:25 sciences [2] 10:3 12:5 scientific[i] 53:18 Scope [l] 62:1 SEAL [2] 87:18 89:21 significant [ii] 17:24 23:16 24:6,6,8 29:24 40:1 64:5,11 68:4 82:18 significantly [i] 25:24 signing [i] 12:8 signs [l] 39:9 similarlypj 17:8 20:14 38:9 sit [4] 48:9 73:12,20 74:15 site [3] 27:5,15 36:10 sites [io] 16:13 19:23 standpoint [i] 64:8 83:11 stands [i] 21:4 takingtsj 38:11 51:10 startp] 25:11 60:25 74:10 87:17 started [2] 8:9 20:12 talks [i] 45:3 starters [ii 19:8 tasks [i] 34:18 starting [i] 44:21 Taxable [4] 89:4,9,14,19 starts [i] 79:23 teach [2] 16:22 17:8 State [14] 1:17,20 7:5 39:3 tear-out [2] 24:12 74:17 50:24 67:1.1 78:5 85:1,21 tearing [ij 60:22 86:19,23 87:1,5 tearoutpj 23:9,14 statc-by-state [i] 70:3 technically [i] 13:4 today [8] 32:14,15,17 48:9 71:12 73:12.20 74:15 Today's [i] 6:5 together[4) 10:10 11:1 85:5 88:21 o took [3] 15:18.21 50:11 toolbox [l] 44:22 top [i] 31:17 total [2] 32:16.19 totally [ij 64:25 Tower [5] 1:19 2:8,13 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page GONZALEZ, ET AL VS. OCF, ET AL Multi-Page1M SEPTEMBER 25, 1997 89:6.11 USA [2] 2:16 89:14 35:13.15 36:12 37:1.14 55:15 61:1,2 66:10 toxic [2] 17:2159:2 usage pi 40:13,18 38:5.7,18 39:5 41:4 42:4 yesterday [i] 79.9 Tract [i] 53:25 used [8] 4:22 5:6 23:11 trade [i] 53:18 24:13 25:24 60:10 73:9 train [3] 15:24 37:2 63:20 82:4 42:16.22.24 43:5,7,25 46:3.19.21 47:14 48:22 50:19 51:1,19 52:7.16 53:4 54:16 55:13 56:T5 yetpj 51:10 you-all[i] 21:21 yourself [6] 22:S 40:11 trained [5] 13:20 36:23 useful [l] 59:3 56:25 57:9,21 58:5.24 46:10,23 49:11 77:9 41:18 46:16 64:9 using [7] 57:11,14,15,17 60:9.24 61:10.23 63:2,15 training [29] 8:20 12:9 13:22 14:6,9,9,12,14,16 14:20,21,22 15:15 16:16 16:17 17:14 18:18 20:3 24:10 30:14,24 44:1,10 45:10,13,14 51:4 64:18 66:14 58:8.9,9 utilizing [i] 60:25 63:24 64:3 65:7,17 66:22 67:17 6S:12 69:9.24 70:14 ;2\z 70:24 71:4 74:13 76:13 Zang [3] 2:4 88:23 89:2 -V- 78:14.19 79:14,21 80:7 80:10.11 81:15 83:2,7,14 V [2] 2:12 89:10 83:16.25 88:22,23 89:1,1 vague [23] 23:17,20 26:11 WATSON [ii 6:14 transcript p] 87:16 88:9 30:4 31:15 33:3 34:13,25 waysfi] 14:11 88:11,12,15,16,21 43:23 47:13 48:20 50:17 wear[i) 44:25 transferred [i] 8:11 transited] 25:18 52:1.24 55:11 56:11 57:13 60:16 65:14 68:7,11 81:13 82:20 Well-X [3] 77:20 8:12 22:13 Travis [4] 1:19 2:14 6:8 value[4] 26:16,18 67:2 West [2] 2:8 89:6 89:12 67:19 wet[i] 21:15 trial [4] 4:11,23 5:6 78:13 values [l] 39:15 wetted [i] 21:22 Trish[3] 6:20 64:2 71:10 Van 12] 2:8 89:6 wetting [i] 39:6 true [4] 73:7 85:5 87:15 88:9 variety [7] 13:5 16:23 whatsoever[l] 4l:ii 20:9,15 34:10 52:22 53:6 whereas [2] 70:7 76:20 truth [3] 87:10,10,10 various [12] 14:7 16:13 whole [i] 87:10 try [i] 35:17 Tulanep] 11:12 tum[i] 70:9 turned [i] 18:20 Twice [i] 32:13 two [10] 15:14 27:8 28:11 32:15,21 33:13 69:12 71:11 74:19,23 type [10] 20:9 25:9 27:5 45:13 61:13 64:16 70:3 76:19,21 80:18 types [6] 75:13 76:14 77:6,10,15 81:8 -u- U [1] 86:1 U.S.A [l] 6:19 ultimate [i] 42:12 under [4] 21:25 54:1 87:18 89:21 undersigned [i] 86:21 understand [7j 9:17 15:14 16:11 26:20 44:1 55:2 63:16 17:9 34:14 44:5.6 55:25 65:24 68:5 69:14 75:13 76:15 versus [i] 6:4 vicinity [7] 19:1.12 36:4 38:21 39:9 65:20 68:2 videographer[8] 2:23 6:1,10 52:11,14 70:19,22 84:1 videotaped [l] 6:2 wide [4] 27:25 28:1,2 30:25 wisb[i] 86:3 within [2] 17:17 30:7 witboutpi] 21:2 23:14 38:11 45:22 49:15 51:10 52:20.21 60:10 61:4 74:10 witness [26] 1.-13 3:3 4:12.13 5:8 6:24 51:15 52:10 55:9 58:21 67:14 violation^] 48:16 50:12 68:25 70:24 78:9 79:10 60:12 81:11 83:7 86:21 87:8,8 violations [i] 52:23 virtue [i] 73:5 visible [7] 21:13,16 22:5 30:18 40:2,4 41:20 88:9.10.13,15,17,20 Witness [i] 3:10 word [2] 73:6 82:14 worded [i] 40:16 visit [l] 27:18 words [l] 75:17 visited [l] 27:5 worked [9] 8:10 9:1,25 visits [l] 27:12 Vistap] 10:12 vivid [X] 27:17 volume [i] 29:16 volumes [i] 62:9 VS [2] 1:3 88:3 19:11 34:9,14 41:14 46:13 55:22 workers [7] 39:9 43:21 61:15 66:4 68:1 74:9 80:25 workplace [5] 51:8 52:20 54:21 56:9 67:4 understands [i] 51:8 understood [3] 12:3 -w- 38:10 77:21 W.R[6) 2:10 6:20 71:19 unfortunately[i] 42:IS 71:21 72:7 89:8 Unibestos [2] 73:4,8 Wait[i] 80:5 University [i] 8:23 Walsh [4] 67:7,15,18,21 unless [2] 23:5 68:5 Ward[i] 79:10 unnecessary [i] 63:14 warning^] 39:9 41:6 unsigned [i] 88:17 Waters [96] 2:3,3 3:5,7 unusual [i] 48:10 6:14 7:4 13:11,IS 15:11 up [io] 10:9,13 32:20 74:S 77:3,21,25 7S:2,5 83:22 15:13 23:23 24:1 25:1 26:6,19 28:14,15 30:6 31:16.25 33:5 34:1,16 workplaces [i] 53:20 works [2] 62:23 74:4 -X- X [6] 3:1 7:2 55:15 71:7 78:17 83:11 X-ray [i] 66:4 -Y- year[2] 17:17 47:21 years [12] 8:4 11:24,24 22:17 26:21 48:3 55:4,14 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 toxic - ^mig STEVEN SELLERS : 1 Index Page i