Document Y9reppRvZqaMZxOp4zEBnOqY0

FILE NAME: Reichhold (REI) DATE: 2012 REI010 DOC#: REI010 DOCUM ENT DESCRIPTION: Legal-Excerpts from Testimony of TR Madden-Pgs 261-268 ------"Page" Z6TT 1 Reichhold product is that it did not cross-contaminate 2 other lines; is that fair? 3 MR. THOMPSON: Objection; leading. 4 THE WITNESS: Yes, and that is 5 basically what it says right in here. If 6 you read the whole article, that is 7 basically what it says, yes. 8 Q. (By Ms. Spardone) And during the years 9 that you worked for Reichhold, did you hear other 10 customers who had similar experiences with the 11 Reichhold phenolic molding compounds? 12 MR. THOMPSON: Objection; calls for 13 hearsay, leading. 14 THE WITNESS: No, the only -- I think 15 that's the only way I can respond to that 16 is that, you know, that that division was 17 doing okay, and that I did not ever hear of 18 anybody moaning and groaning about, you 19 know, quality complaints or any issues like 20 that. 21 Q. (By Ms. Spardone) Okay. You talked 22 earlier about the manufacturing process, and you 23 talked about the fact that the product -- I think you 24 used the term granular? VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 - 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 262 1 A. Yes. 2 Q. What does granular mean to you? 3 A. Granular means a hard material that is -- 4 in my mind/ of course -- i t 's being ground up, and 5 it's just -- itTs a hard chunky material, and not like 6 talcum powder or anything like that, but it's 7 discernible chunks of material. 8 Q. Can you -- I mean, can you think of any 9 item that we are all familiar with that you could 10 analogize the substance or the size of the material? 11 A. Kind of in the small to medium rock, like a 12 piece of rock salt, that kind of irregular granular 13 shape. Sometimes a little bit finer than that. 14 THE VIDEOGRAPHER: Excuse me, 15 Counsel. We need to change the tape. 16 MS. SPARDONE: Okay. We need to go 17 off the record. Let's do that. 18 THE VIDEOGRAPHER: This is the end of 19 Tape No. 5 in the deposition of Thomas 20 Madden. The time is 5:14 p.m. We are off 21 the record. 22 (A recess was taken.) 23 THE VIDEOGRAPHER: This is the 24 beginning of Tape No. 6 in the deposition VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 263 1 of Thomas Madden. The time is 5:21 p.m. 2 We are on the record. 3 Q. (By Ms. Spardone) Okay, Mr. Madden. We 4 are back after a short break. Let's talk a little bit 5 more about the asbestos-containing phenolic molding 6 compounds Reichhold made. 7 You were questioned at length about Union 8 Carbide earlier today. Do you know who supplied the 9 asbestos that Reichhold used in some of its 10 asbestos-containing.phenolic molding compounds? 11 A. My understanding, the primary supplier was 12 Carey. 13 Q. Okay. And what is that based on? 14 A. I'm seeing them referenced in rawmaterial 15 specifications and referenced -- seen the bags, and I 16 think it1s referenced even in the industrial hygiene 17 reports. 18 Q. Okay. And you mentioned the type of 19 asbestos that Reichhold used. What type was it? 20 A. Chrysotile. C-H-Y-R-O -- 21 C-H-R-Y-S-O-T-I-L-E. 22 Q. To your knowledge, did Reichhold ever use 23 any other type of asbestos in its phenolic molding 24 compounds? VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 page 264 1 A. NO. 2 Q. And by "other types," I mean, other brand 3 names or chemical names like crocidolite? 4 A. No, but there may have been -- JM may have 5 supplied -- may have been like at least an approved 6 supplier, But no, it was always -- it was the white 7 material. 8 Q. So it was chrysotile? 9 A. It was chrysotile. 10 Q. Reichhold never used blue asbestos to your 11 knowledge? 12 A. No. 13 Q. Did Reichhold ever use brown asbestos to 14 your knowledge? 15 A. No. 16 Q. As part of your safety and health 17 responsibilities when you started working with 18 Reichhold, did you have any hand in drafting the 19 warnings that were affixed to the products? 20 A. Yes. 21 Q. Did you have a hand in drafting the 22 warnings that were affixed to the bags of the molding 23 compounds containing asbestos? 24 A. Windsor and I probably worked on those VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 265 1 together. So yea, I had a hand in it. And that would 2 have been very early, you know, like late '71 or early 3 1972. 4 Q. And is the warning that you worked on with 5 Mr. Windsor contained in the documents that are 6 sitting in front of you? 7 A. Yes, there are actually two different 8 kinds. 9 Q. Could you turn to Page 14? 10 MS. SPAEDONE: And we*11 mark this as 11 Defense Exhibit 3. 12 {Defendant *s Exhibit 3 was marked for 13 identification.) 14 Q. (By Ms. Spardone) Is this a warning that 15 you had a hand in drafting? 16 A. Yes. 17 Q. And what is the warning for? 18 A. The warning would be for synthetic resin 19 compounds, which phenolic molding compounds was -- fit 20 that family. And it was affixed to the - - t o the 21 shipping container, if you will, for those products. 22 Q. So is this a warning that would have been 23 affixed to asbestos-containing molding compounds? 24 MR. THOMPSON: Objection; calls for VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ------------------------------------------------ Page 266 1 speculation. 2 THE WITNESS: I have seen this on 3 those -- on the bags of phenolic molding 4 compounds. 5 Q. (By Ms. Spardone) You mentioned that there 6 was another warning in these materials? 7 A. Yes, and there's -- there's another label 8 in here somewhere. Here it is. It's 000054. And 9 it's -- 10 MS. SPARDONE: We'll mark that as 11 Defense Exhibit 4. 12 (Defendant's Exhibit 4 was marked for 13 identification.) 14 Q. (By Ms. Spardone) And what is this? 15 A. This was another label that was affixed to 16 the bags or other, you know, shipping containers for 17 phenolic molding compound that contained asbestos 18 fibers. 19 Q. And did you have a hand in making sure that 20 this particular label was affixed to those products? 21 A. Well, the plant was directed to do that, 22 and I've actually seen it on -- on the bags of 23 material. 24 Q. And when did that begin? VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 Page 267 1 A. Right after I got -- Windsor had already 2 started working on this, and so this would have been 3 in the early *71 time frame. 4 Q. Okay. And flipping back to 14, the 5 synthetic resin compounds warning, do you know if that 6 particular warning was in fact affixed to the packages 7 of phenolic molding material that Reichhold sold? 8 A. Yes. Excuse me. Yes. 9 Q. And do you know when that particular 10 warning started to appear on the packaging? 11 A. These two would go hand in hand. This one 12 probably a little bit earlier. The one on 0054, 13 probably almost immediately -- remember, when I got 14 there, this is a moving target sort of thing. So 15 005- -- 00054 would have gone on -- it wasn't already 16 being affixed when I got there, it was -- it was very 17 shortly thereafter. And then within, you know, a 18 month or two the other label -- you know, a very short 19 period of time. 20 Q. Okay. You mentioned earlier when you were 21 talking about I think ensuring the compliance of the 22 various facilities of the regulations, that you 23 checked to make sure that signs were posted at 24 manufacturing facilities; is that correct? VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 - 215-241-1000 ~ 610-434-8588 - 302-571-0510 Page 268 1 A. Yeah. Any -- any required signage, 2 depending on, you know, what the raw material was of 3 concern in any given facility, yeah, we -- we would 4 definitely check to see if there were requirements for 5 that. Say for flammability, you know, were there 6 flammability warnings in the area where the material 7 was being handled and where the material was being 8 stored. 9 Q. Okay. So were there warnings posted at the 10 Carteret facility where asbestos was in use? 11 A. Not only in use, but where it was stored, 12 so there was signage in two different areas. 13 Q. And what type of warning was posted? 14 A. It was the warning that was printed in the 15 OSHA standard - - o r laid out in the OSKA standard, I'm 16 sorry. 17 Q. Okay. I know I said I was jumping around, 18 and I 'm really jumping around. 19 Let's jump back to the cost standards. 20 Mr. Thompson asked you about a couple of these, and I 21 wanted to kind of walk you through. Let's start at 22 Page 471. I think you were already questioned about 23 this. This is for product code 25000. 24 A. Yes. VERITEXT NATIONAL COURT REPORTING COMPANY 888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510