Document jBDNz57NEa3xjke5DZnK7RR0N
BS\GBUREAU OF WORKERS' COMPENSATION
Division of Safety & Hygiene, 8120 Washington Village Drive, Dayton, Ohio 45458
PLAINTIFF'S EXHIBIT BRK-92
Toll Free: 1-800-962-7768 Phone: (513)438-8876 Fax: (513)438-8602
Judy Spencer Legal Section Industrial Commission of Ohio 30 V. Spring St. 9th Floor Columbus, OH 43266-0581
Claim: Claimant:
Company:
OD41069-22 Gary Cress GM Truck 4 Bus Div. 2601 Stroop Rd. Dayton, OH 45439
Dear Ms. Spencer,
Gary Cress is a 44 year-old man who has worked for GM for
approximately 10 years. He alleges that exposures to cigarette
smoke, oil smoke and oil mist during that period, particularly
for a three month period from March, 1990 to June, 1990, caused
him to develop acute bronchitis.
He was off work from June,
1990, to February, 1991, for reasons related to this claim.
The area in which Mr. Cress worked is very large and open
with no partitions or other barriers for hundreds of feet in any
direction which would inhibit the flow of air. Small pickups
and two- and foui--wheel drive utility vehicles under the
Chevrolet, GMC and Oldsmobile nameplates are assembled there, so
wide open spaces are the necessary norm. It is difficult to
Imagine a situation where any appreciable amounts of smoke from
cigarettes or manufacturing operations would accumulate.
There
are ventilation fans throughout the plant which recirculate,
remove and supply makeup air.
Mr. Cress describes several areas and situations which he
alleges have contributed to his problem. I have discussed each
of the areas in question with the plant safety official, Jim
Rittenhouse. They will be
covered in the order listed By Mr.
Cress.
1. Fellow workers who smoke: There are of course, a number of
workers who smoke while working. It is difficult to understand
how cigarette smoke could build up in such a large area to a
level that would be causative
In the development of
a
respiratory disease. It could happen, but the likelihood seems
remote in view of the openness of the area. He also describes a
situation away from the plant which is similar in probability of
smoke accumulation. He stated that he was "...one-half way down
the hall from a cigarette smoker at the Dayton Mall, and that
the smoke would set him off". This seems to bo an extreme case
of smoke sensitivity, or other factors are involved. He also
describes the cafeteria and restrooms as "..filled with smoke".
L
CRESS 0D41069-22
The cafeteria is a large, open room which is aii--conditioned and
well ventilated.
It is divided into smoking and non-smoking
areas. It would seem difficult, if not impossible for it to be
filled with smoke.
Restrooms may accumulate smoke a bit more
readily, but one would not expect workers to use them for rest
areas.
2. "The frames come through a hole in the wall.": The ' frames enter- the building through a heated chamber which is covered on both ends with plastic strip doors which are commonly used for Lemj>erature control. The entry point is about thirty to fifty feet from where Hr. Cress worked. Since the frames pass through a heated chamber, it is improbable that they would be covered with snow or very wet.
3. "There was a garage-type door in my work area.": There are
two doors which are raised on occasion.
They are located
approximately 225 feet away from Cress's work area. This could
make a draft but the distance would moderate it considerably.
The doors are not opened- on a regular basis and when they are,
for short periods of time.
There could, be some temperature
fluctmitions from this source.
4. "There were overhead fans on constantly.": Ventilation is a
must in any workplace. The larger it is , the more capacity the
fans which move air in and out. This could conceivably create
air currents, but the ceiling in the plant is 30-40 feet above
the floor. A lot of mixing and slowing of air can occur in that
distance. There are vents located approximately 8 feet above
the floor which recirculate in-plant air and blow out at an
angle which can be pre--set by each worker.
He can also turn
them off. This air is at the same general temperature as the
rest of the plant.
5. "There were also repair racks next to our line. The .brakes
on t.h line were hot and smokey and emitted a foul odor.": After
assembly is complete, all vehicles are given a run-up on a test
bed to check engines, drive-train and brakes.
This testing
takes place in a booth which is ventilated to capture and remove
emissions from any part of the vehicle. The run-up booth is
approximately 100 feet from Hr. Cress's work area. In between
the booth and the chassis line there is an open area where
vehicles are moved after the run-up to make minor repairs and
adjustments. There is some odor detectable, not from brakes,
but from engines and exhaust systems which a* e hot from test'ng.
This might contribute to a pre-existing condition, but air tests
have failed to show any detectable levels of chemical agents.
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7
CRESS 0D4 1 '.'C'-''
G. "I was also exposed to oil in the otwssii. depar Lroent.
In
addition, I was exposed to mist from the oil ^uns.":
Vmkers
all along the assembly line use air1 tools of various sizes to
tighten owls and bolts.
Those tools. ate lute :
' ' /
(.out L nuous feed of oil which * . f 11 j 1 * I '
. i ; , 1 .
Th.
rat )s t probab1 e s' no > r pi i; . j , !n Wi: ve r would he * '.he 1
' ' * the , v i >> I. . and conditions d. ; .e r ; 1 >. -d , t t i . ci " ' > ` e i- a v/a ' ,i
. ,> ex i .. t. i r.g .-i >ud i I. i on,
r/e *; '' I ; .ei ni unlikely to '"aiirw
hit.'..
There are : .ever a 1 hundred worker;; using the same
' i.. i ' . ,-i'. Mr . Cress, and none have indicated similar problems.
7. Other a i rlxirne agents: Division THss have Ixien in this plant
repeatedly over the jrast several years.
They have col looted
: .a nip 1 es on a number of workers for a number of solids, gases and
vapors. Non*; were in excels of recognized 1 ngn 1 oi ruconnnemied
maximum concentrations. Xr . Cress performed no operations which
would cause* exposures to chemical agents other than the ones he
descr Lbed.
The medical file staters In several places that Xr. Cress
had the tutiae difficulty several months after he left work.
Usual iy, breathing problems I improve or subside completely one is away from the tirmi'ce of the irritation. This would
when .<:>
to Indicate that the source of the problem is other than the
wi ir k pi ace.
Cigarette smoke has lxen named the primary culprit by Xr.
Cress.
His medical file contains the statement by Dr . films
"Until very recently, he dill not know he he had an allergic
Tamily history". I do not see any clear connection between his
claim and other agents in his workplace other than contributory
to a pre-existing condition.
Tf I may be of further assistance in this claim, pi ease let me know.
Sincerely,
.James S. Ferguno^ CIH Ind us trial Hyglen1st
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