Document Z7oOorwzkDaD63o2KMxxok3Y

,_r>AC SELOW FOR HUNG STAMP ONC.T) 1 LAW Offices SAYRE. MORENO. PURCELL & BOUCHER 2 A PAWTNCPSHH INCLUDING A PAOPCSS'OMAl. CONDONATION oast Santa monica ooulevaro, suite 4Qe LOS ANCELCS. CALIFORNIA 90025 3 (213) 356-eiea SArKt, MURcNU, 4 PURCELL & BOUCHER 5 attorneys fob Plaintiff 6 SEP 12 1986 7 F-ILEB- ftuG Z8 9 8H '86 *ewr 6761 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IN RE ASBESTOS LITIGATION; EASTERN DISTRICT OF CALIFORNIA: 12 13 MARCUS S. REEDER, SR., 14 Plaintiff, 15 vs. 16 SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al.. 17 Defendants. 18 19 AND RELATION CROSS-CLAIMS. 20 CASE NO. CVS 84-416 RAR RELATES ONLY TO NAMED CASE NO. CIVS 84-0968 RAR SUPPLEMENTAL AFFIDAVIT OF MEIER SCHNEIDER; DECLARATION OF ROSS GILL; DECLARATION OF PAUL HAWKINS; DECLARATION OF ALVA HANSFORD DATE TIME DEPT September 10, 1986 11:00 a.m. Hon. Judge Ramirez 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / GPSE -1- r 1 AFFIDAVIT OF MEIER SCHNEIDER 2 I, Meier Schneider, do declare and state as follows: 3 1. I am registered in the State of California as a 4 professional engineer (P.E.) in both chemical and safety 5 engineering, and am a Certified Industrial Hygenist (C.I.H.) in 6 the chemical aspects and comprehensive practice of industrial 7 hygiene. In addition, I am a Certified Safety Professional 8 (C.S.P.) and possess a Masters degree in occupational and 9 environmental health from California State University at 10 Northridge. I am, of my own first hand knowledge, competent to 11 testify as to the matters set forth herein. 12 2. In the course and scope of my practice as a health 13 and safety professional, I have acquired a working personal 14 knowledge of the chemical, physical and toxicological 15 properties of asbestos as well as the safe handling procedures i 16 and mandates for individuals working with asbestos and asbestos 17 containing products. In particular, I am knowledgeable of the 18 risk assessment procedures necessary for the safety of 19 individuals handling and working with high friction materials 20 such as brake shoes and friction linings containing asbestos. 21 In addition, I am knowledgeable as to the procedures and data 22 set forth in the applicable literature necessary to 23 substantiate the risk assessment of individuals exposed to 24 asbestos containing friction products in the workplace. 25 3. The encapsulation of asbestos fibers in composition 26 friction lining products that make up brake shoe material does 27 not eliminate and prohibit the release and emission of 28 1 respirable asbestos fibers into the ambient air in the workplace 2 during the use or changing of said products. The decomposition 3 process of asbestos-containing brake lining material during 4 braking action releases from the lining asbestos fibers, fibers 5 that are not themselves destroyed by the heat generated thereby. 6 Subjecting railroad or motor vehicle asbestos-containing friction 7 products to braking action will result in the release of some 8 asbestos fibers. 9 I am familiar with the literature in the field of asbestos 10 and asbestos fiber control in friction products and can say that 11 it is recognized that during braking action fibers of asbestos 12 are indeed released from the lining material itself. Some of 13 these fibers enter the atmosphere and others combine with general 14 non-descript road dust, settle on the various parts of the trucks 15 and brake systems and are retained within the constituant pieces 16 of the brake equipment itself. These fibers pose a serious 17 potential health hazard to mechanics. The changing of railroad 18 or motor vehicle brake shoes is a procedure whereby these 19 residual asbestos fibers become distrubed and enter the breathing 20 zone of the mechanic. This potential health hazard confronts 21 both railroad and automobile mechanics who are involved in these 22 operations. 23 4. I acknowledge the distinction between asbestos24 containing industrial brake products and passenger vehicle 25 (car/truck) brake products. However, there is no distinction 26 between the two in terms of the release into the air of asbestos 27 fibers from decomposed asbestos-containing brake material or the 28 serious asbestos hazard to those working on the brakes. There is a recognized asbestos health hazard working on any brake system that incorporates and involves asbestos-containing brake lining materials. Whatsmore, absent respirators, wet down procedures or the use of various asbestos fiber recovery systems during the replacement of brake shoes, residue from decomposed asbestoscontaining friction linings presents a health hazard to anyone who might breathe the workplace air surrounding the operation. I declare under penalty of perjury that the foregoing is true and correct, executed this 24th day of August, 1986 at Los Angeles, California. 18 19 20 21 22 23 24 25 26 27 28 rC VERIFICATION STATE OF CALIFORNIA. COUNTY OF I. the undersigned, declare (check and complete applicable paragraphs): I I I am a party to this action. I have read the loregoing and know its contents. The matters stated in it are true ol my own knowledge, except as to those matters which are stated on inlormation ano belie and as to those matters. I believe them to be true. I am an officer ot------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ a party to this action, and am authorized to make this verification for and an its behalf, and l make this verification lor that reason. I nave read it foregoing_______________ ______ __________________________________________________ _________ -- and know its contents. I am informed and believe that the matters stated in it are true, and on that ground allege that the matters stated in it are trw I am a partner Oa_ol_______________________ ____________ _ a party to this action, and am authorized to make this verification for and on its behall, and I make this verification lor that reason. I have read tt foregoing----------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------and know its contents. The matters stated in it are true of my own knowledge, except as to those matters which are stated on inlormation ana belie and as to those matters. I believe them to be true. I am one of the attorneys for---------------------------------------------------------------------------------------------------------------------------------------------------------------------a party to this action. Such party is absent Irom the aforesaid county where l/we have my/our office, and I make this verification lot and on behall that party tor that reason. I have read the loregoing_______ __ and know its contents. I am inlormed and believe that the matters stated in it are true, and on that ground allege that the matters stated in it are tru< I I (State) t certify (or declare) under penally ol perjury under the laws ol the State of California that the foregoing is true and correct I | (Federal) I declare (or certily, verify or state) under penalty of perjury that the loregoing is true and correct. Executed on19_____________________________________________________ . Ol QtC'ifJAt l0 0*<nt fun rune O' OKWini 1*4 MW < ipoKlbK ACKNOWLEDGMENT OF RECEIPT (trihir Ihan Summons and Complain!) The undersigned acknowledges receipt ol a copy of the foregoing documem on19___________________________________________________________ IyO< or (Mini lull *a*"e ano MW * appfcciew SrqiUturt PROOF OF SERVICE STATE OF CALIFORNIA. COUNTY OF L.A. I. .TODY HOLLICKam a resident ol/employed in the aloresaid county. State ot Calilotni. I am over the age ol 18 years and not a party to the within action: my husiness/residence address is:' 10351 Santa Monica Bldd. 9406. L.A- CA 90025: On Aug. 2619JL6.1 served the foregoing(","!% )------------------------------------------------------------------------------------------------------ SUPPLEMENTAL AFFIDAVIT OF MEIER SCHNEIDER; DECLARATIONS on interested parties in this action by placing a true copy thereof, enclosed in a sealed envelope, addressed as follow- See attached sheet (check applicable paragraphs) (BY MAIL) 1 caused such envelope with postage thereon fully paid to be placed in :he United States mail at ____ (8Y PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices ot the addressee. California (State) I certily (oi declare) under penalty ol perjury under the laws ol the State ol California that the loregoing is true and correct. n (Federal) I declare (or certily. verily or state) under penalty ot perjury that the toregoing is trail and correct, and that! am employed in the office ol memoer oi the bar oi this Court at whose direction the service was made. ( I p [L fl fl /! wotconsroRu!<- tv Executed on ________ 8/2619 ^ WOlCC'S INC 1984 1J flj S^uj/iDeeuunl