Document jmqgOozrmk56dE0ZqjZeM28nO

1 IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO CONSOLIDATED CIVIL ACTION NO. 83-K-1756 CIVIL ACTION NO. 84-K-912 DEPOSITION OF HOWARD STEPHENS ORIGINAL KEITH EDWIN GIBSON and DELLA GIBSON, (BEULAH COLCORD, as surviving spouse of COLCORD, and as Personal Representative Estate Of JOHN W. COLCORD, Plaintiffs, JOHN W. of the vs . ARMSTRONG WORLD INDUSTRIES, INC., et al.. Defendants. PURSUANT TO NOTICE, the above-entitled deposition was taken on behalf of the Plaintiffs at 562 White Avenue, Grand Junction, Colorado, on May 18, 1987, at 10:15 a.m., before Dawn E. Calderwood, Registered Professional Reporter and Notary Public 2 1 APPEARANCES: 2 For the Plaintiffs: J. CONARD METCALF Williams, Trine, 3 Greenstein & Griffith 1435 Arapahoe Avenue 4 Boulder, Colorado 5 For John Crane Packing Company: 6 7 BRYAN P. STREELMAN Henderson and Streelman 650 So. Cherry Street Suite 102 Denver, Colorado 8 For Howard Stephens: WALTER J. PHILLIPS Elder & Phillips 9 562 White Avenue Grand Junction, CO 10 11 EXAMINATION INDEX 12 BY MR. METCALF 13 MR. STREELMAN Pages 3, 23 Pages 12, 23 14 EXHIBIT INDEX 15 FOR IDENTIFICATION 16 Defendant's Deposition Exhibit 17 Letter to State Compenstation Insurance Fund from Stephens 18 dated January 4, 1984 INITIAL REFERENCE 19 Defendant's Deposition Exhibit Letter to American Motorists 20 Insurance Company from Stephens dated October 26, 1983 21 22 23 24 25 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 3 1 proceedings 2 WHEREUPON, the following 3 proceedings were taken pursuant to the Federal 4 Rules of Civil Procedure. 5 ***** 6 HOWARD STEPHENS, 7 having been first duly sworn to state the whole 8 truth, testified as follows: 9 (Two defendant's deposition exhibits 10 were marked for identification, numbers to be 11 supplied by Mr. Streelman ) 12 EXAMINATION 13 BY MR. METCALF: 14 Q. Mr. Stephens, my name is Conard 15 Metcalf, and1 I represent Beulah Colcord in this 16 case. 17 Could you tell us your name, please. 18 A. Howard Stephens. 19 Q. What is your address? 20 A. Post Office Box 27 in Bedrock, 21 Colorado. 22 Q. What is your age? 23 A. Thirty-nine. 24 Q. What was the last year of school you 25 completed? CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 4 1 A. High school, 12th grade. 2 Q. Where was that? 3 A. Nucla, N-u-c-l-a, Colorado. 4 Q. Are you employed at this time? 5 A. Yes, I am. 6 Q. Where are you working? 7 A. UMETCO Minerals Corporation. 8 Q. What is your job there? 9 A. I am the safety engineer and radiati 10 officer. 11 Q. In the past, have you been employed 12 Union Carbide in Uravan? 13 A. Yes. 14 Q. When did you go to work for Union 15 Carbide in Uravan? 16 A. July or August of 1976. 17 Q. When did you last work for Union 18 Carbide at Uravan? 19 A. UMETCO Minerals is a subsidiary of 20 Union Carbi de. I basically still work for Union 21 Carbide. 22 Q. You are no longer at Uravan? 23 A. I am at Uravan, yes. 24 Q. What are your current job duties and 25 responsibil ities? CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 4 1 A. High school, 12th grade. 2 Q. Where was that? 3 A. Nucla, N-u-c-l-a, Colorado. 4 Q. Are you employed at this time? 5 A. Yes, I am. 6 Q. Where are you working? 7 A. UMETCO Minerals Corporation. 8 Q. What is your job there? 9 A. I am the safety engineer and radiation 10 officer. 11 Q. In the past, have you been employed by 12 Union Carbide in Uravan? 13 A. Yes. 14 Q. When did you go to work for Union 15 Carbide in Uravan? 16 A. July or August of 1976. 17 Q. When did you last work for Union 18 Carbide at Uravan? 19 A. UMETCO Minerals is a subsidiary of 20 Union Carbide. I basically still work for Union 21 Carbide. 22 Q. You are no longer at Uravan? 23 A. I am at Uravan, yes. 2 4 Q. What are your current jobduties and 25 responsibilities? CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 5 1 A. To administer the safety program in 2 Uravan and also to administer the radiation safety 3 program. 4 Q. When you went to work for Union 5 Carbide in 1976, what was your job title? 6 A. Safety engineer. 7 Q. And what were your job duties and 8 responsibilities at that time? 9 A. To administer the Union Carbide safety 10 program. 11 Q. At some point, did your job title 12 change at Union Carbide at Uravan from safety 13 engineer to something else? 14 A. I took on some more responsibilities 15 in 1979, which is the radiation safety portion. 16 Q. As part of your job duties, from 1976 17 on at Union Carbide, Mr. Stephens, was a part of 18 your job to be familiar with potential health 19 hazards to Union Carbide employees from any of the 20 materials that they were working with? 21 A. Yes. 22 Q. Did, at some point, you become aware 23 of whether or not there was any potential health 24 hazard that was associated with any asbestos 25 products that employees might be working with at CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 6 1 Uravan? 2 A. We were aware of asbestos products but 3 not as aware as we would have been if we were 4 manufacturing a product. We didn't feel like we 5 had the asbestos in the plant at the time before 6 Jack Colcord died. And after that period, we 7 became well aware of theasbestos products. 8 Q. Before 19 -- when you became -- came 9 on board at Union Carbide in 1976 at Uravan as a 10 safety engineer, at that time, did Union Carbide 11 have any program or policy with regard to 12 employees who might be working with asbestos 13 products? 14 A. Prior to 1976? 15 Q. Correct. 16 A. I'm not for sure if they did or not. 17 Q. How about in 1976 after you started 18 work there? 19 A. We started getting information about 20 asbestos through the divisonal and corporate 21 people. 22 Q. About when was that? 23 A. Probably somewhere around 1979 or 24 maybe even a little bit later. 25 Q. Would you have been the person at CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 7 1 Union Carbide t o get that information in about '79 2 and then pass i t on to employees who needed to be 3 informed about it? 4 A. Yes 5 Q. As part of your employment as safety 6 engineer and sa fety engineer with radiation 7 responsibilitie s at Union Carbide, did you, from i 8 time to time, c onduct investigations concerning 9 job-related inj uries or diseases to employees at V 10 Union Carbide? 11 A. Mor e on line of job-related injuries. 12 We didn't -- at that time, we didn't have any 13 job-related dis eases that we were aware of. 14 Q. In any event, you did have the l 15 responsibility for conducting investigations into jf 16 job-related inj uries? i I 17 A. Yes - 18 it- Q. Cir cumstances surrounding the 19 injuries? f 20 A. Yes \2 21 | Q. And that was part of your regular job 22 at Union Carbid e? i, 23 A. Yes . ? 24 Q. When a situation came up where you had I 25 to conduct an investigation into a job-related ? CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 8 1 injury, what was your normal procedure for doing 2 an investigation? 3 A. We would try to gather all the 4 evidence that we could. I see we -- in 5 reference -- we have a program where not just 6 myself does the investigation but the safety 7 engineer, the supervisor, the plant 3 f i 8 superintendent, and if the case is serious enough. 3 i 9 even as far as corporate safety and health 10 people -- we'll conduct an investigation and try r. 11 to gather all the information that we can possibly 12 gather and write a report. i 13 ? Q. And do these reports that you write. i 14 then -- do you occasionally write the reports? i 15 1 A. Yes . 16 Q. And the reports that you write, are 1 s 17 they done in the normal course of your employment * `if 18 and duties at Union Carbide? 19 A. Yes. it 20 Q. Did you have occasion, while employed 1 21 at Union Carbide at Uravan, to conduct an 22 investigation in a situation involving Jack 5 23 Colcord? 5 24 l 25 A. Yes. Q. What did that investigation consist of CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 1 with regard to Jack Colcord? 2 A. Initially, I got a letter from -- I 3 want to say Dr. Bechtel. I'm not for sure if 4 that's the name. 5 Q. He's one of the doctors involved in 6 this. 7 A. According to the death certificate, it $ 2 8 indicated that he died of an asbestos-related cf- 9 disease. And exposure would probably have been 20 10 to 30 years prior to his death. * 11 So that triggered my investigation to i 12 start from the time he started work through f 13 somewhere in the neighborhood of about 1969 or 5* i 14 1970. } 15 Vi i Q. And with regard to that investigation. 16 from the time he started work through up to '69 or *y 1 17 '70 -- first of all, did you determine when 18 Mr. Colcord started work at Union Carbide? ii 19 t A. Yes, I did. i 20 Q. And what was that? When was that? \ 21 A. 1948. 22 Q. And did you determine whether or not 23 Mr. Colcord had been continually employed at Union 24 Carbide between 1948 and 1969 and 1970? s 25 A. Yes. 9 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 10 1 Q. Had he been continually employed 2 during that period? }3 A. Yes, he had. 4 Q. Did you conduct an investigation to ' 5 determine whether or not Mr. Colcord -- what his ? 6 job duties had been between 1948 and 1969 or '70? 7 A. Yes, we did. i8 Q. What did you determine about his job 5 9 duties during that period? 10 A. He became a storekeeper in 1949, and 1 11 he transferred out of the warehouse -- he worked i 12 as a storekeeper until November the 1st, 1968. i 13 And then he took the position of a sample bucker, I l 14 and he was promoted to a maintenance mechanic in [ 15 1969. f 16 ? Q. And based on this investigation, did 1 17 you determine whether or not there were any > 18 potential asbestos exposures that Mr. Colcord f 19 would have had between 1949 and 1969 or '70? MR. STREELMAN: Can we stipulate to too i 21 the -- I am going to object to the foundation. I f 22 don't think that he's qualified to determine the * 23 content of the materials. I don't think he's | 24 going to be qualified as an expert witness to 25 identify them. If we can make that stipulation -- i CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 11 1 MR. METCALF: I'm not going to try to 2 qualify him as an analytical chemist. 3 Q. (By Mr. Metcalf) What did you 4 determine about any potential asbestos exposures 5 that Mr. Colcord had between 1949 and 1969 and 6 '70? 7 A. Just that there were asbestos products 8 present in the warehouse and that Mr. Colcord 9 could have used and distributed these asbestos 10 products. 11 Q. In your investigation, did you 12 determine, generically, what types of asbestos 13 products would have been in the warehouse between 14 1949 and '69 or '70? 15 A. We developed a list of possible 16 asbestos products, yes. 17 Q. What did this list consist of? 18 A. Asbestos gloves, asbestos sheets that 19 they would use for fire retardant, various types 20 of asbestos ropes. There was some asbestos 21 insulation; there was some sack insulation, plus 22 some preformed insulation. 23 Q. And would these types of products, 24 based on your investigation, have been present 25 between 1949 and 1969 or '70 at the Uravan CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 12 1 warehouse? 2 \3 A. Most of them were, yes. Q. Did your investigation look into 4 whether or not there had been any work rules at 5 Union Carbide before 1969 or 1970 with regard to \ 6 employees handling or working around 7 asbestos-containing materials? X i8 A. Yes. -9 Q. What did the investigation reveal with 10 regard to that? 11 A. With regard to, specifically. v 12 asbestos, we didn't have any. However, we do have 13 a safety work procedure regarding materials that 14 are potentially dangerous. f> 15 Q. Just before 1969 or '70, the Uravan i 16 facility of Union Carbide was not informed i 1 17 concerning asbestos-related hazards; is that 18 correct? * 19 A. Yes. 4 20 MR. METCALF: I have no further if 21 questions . 22 J. EXAMINATION * 23 BY MR. STREELMAN: ! 24 Q. Mr. Stephens, can you tell me more 25 about what the safety program is that you CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 13 1 administer? 2 A. I administer the training portion of 3 the safety program, investigations. The Uravan 4 safety program involves -- you know, it's quite 5 complicated when it gets into the supervisory 6 portion of the safety program. 7 * We have programs from safety rule 8 enforcement to disciplinary action, accident 9 investigations, refresher training. I would have 10 to have an entire book in order to explain the 11 entire program to you. 12 Q. Is the program developed as a matter 13 of corporate policy? ; : 14 A. Yes. ) 15 i 16 i} 17 Q. Or corporate assistance? A. Yes. Q. Are you familiar with a company called 18 Calidria? 19 t 20 A. No. Q. It's a Union Carbide subsidiary. | 21 22 A. In King City? Q. King City is the new name. > 23 A. King City, is that the one you are * 24 talking about? I do know they did make 25 asbestos-containing products at one time. Yes, it CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 14 1 used to be Union Carbide in King City; and I 2 believe they changed the name to Calidria. 3 Q. What does the radiation safety program 4 consist of? 5 A. Administering the State Department of 6 Health's radioactive materials' license, sampling 7 exposure calculations of employees; and, basically 8 the same thing that we do in the safety end of 9 it -- training, education. 10 Q. Do you still have employees in Uravan? 11 A. A few, yes. 12 Q. What are their duties, or what do they 13 do? 14 A. Mostly it's heavy equipment operators 15 now. 16 Q. Are you covering up the tailings 17 piles? 18 A. Yes, we are in the remedial action 19 process. 20 Q. Have you ever seen this before 21 (indicating)? 22 MR. METCALF: Object as being beyond 23 the scope of direct. 24 THE DEPONENT: In this context? 25 Q. (By Mr. Streelman) What I'm going to CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 15 1 get to is if you were involved with it. 2 A. With the licensing? 3 Q. Yes. 4 A. Yes, I have been. But I haven't seen 5 this particular one. 6 MR. METCALF: Do we have some 7 identification on the record as to what this 8 document is which is being referred to and to 9 which I objected to as being beyond the scope of 10 direct? 11 Q. (By Mr. Streelman) Can you identify 12 that? 13 A. I believe it's anaccidentdecree. 14 MR. METCALF: Maybe read what it says 15 on the front page of that document, on the cover 16 of it ns that the final licensing statement for 17 the Uravan uranium mill? 18 THE DEPONENT: Right. 19 MR. METCALF: It's in about an inch 20 thick document in a blue loose-leaf cover; is that 21 right? 22 THE DEPONENT: Yes. 23 Q. (By Mr. Streelman) So we are talking 24 about the same document you have talked about, is 25 that -- CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 16 1 A. I think it's the same document. I 2 would have to go through it and see. 3 Q. How many documents have you seen that 4 pertain to -- 5 MR. METCALF: Could I have a 6 continuing objection based on the scope? 7 MR. STREELMAN: Yeah. 8 Q. (By Mr. Streelman) How many documents 9 have you seen that would pertain to the final 10 licensing statement for the State of Colorado's 11 radiation license? 12 A. Hundreds of them right now. We are in 13 our remedial action project now. And everything 14 that we do, we have to write a procedure on. And 15 we are getting hundreds of pages of procedure 16 material right now from our consultants. 17 Q. Are you administering -- what are you 18 administering down there vis-a-vis this 19 (indicating)? 20 A. My portion of this book is to 21 administer the radiation safety and health 22 portions of this decree. 23 Q. And does that include monitoring? 24 A. Radiation monitoring, yes. 25 Q. And reporting to the State? CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 17 1 A. Reporting to the State. 2 Q. Specifically, what types of particles 3 are you monitoring? 4 A. As far as the health license goes, we 5 are reporting radionuclide exposure of the 6 employees to the State. 7 Q. Being alpha, beta and gamma? 8 A. Alpha, beta, and gamma. 9 Q. Have you, personally, monitored 10 employee housing? 11 A. Yes. 12 Q. For the presence of what? 13 A. Personally, I've monitored employee 14 housing for the presence of alpha and gamma 15 contamination of the house, itself. 16 Q. Alpha, being a breakdown of radon 222, 17 being an energy released from radon 222? 18 MR. METCALF: I am going to 19 additionally object to beyond the scope of direct 20 and add relevancy and foundation to my objection. 21 THE DEPONENT: Do I -- 22 MR. METCALF: Go ahead and answer it. 23 THE DEPONENT: Yes, alpha particles 24 are from radon 222. And sometimes, in a 25 restricted area, they release guidelines -- CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 18 1 guidelines say we can't release a material if it' 2 over a certain activity. 3 And we went ahead and extended that 4 beyond the restricted area to the employee 5 housing. And we do an alpha scan plus a gamma 6 survey in the housing. 7 Q. (By Mr. Streelman) Were there any 8 unions at the Uravan site? 9 A. Yes. 10 Q. What unions were there? 11 A. United Steel Workers. 12 MR. METCALF: Same objections. 13 Q. (By Mr. Streelman) Do you happen to 14 know if Mr . Colcord belonged to that union? 15 A. No, I don't. 16 Q. Would those records be available? 17 A. Yes, they would. 18 Q. Do you know where? 19 A. In the employee relations department. 20 Q. What does a sample bucker do? 21 A. He breaks down soil samples. The 22 definition is you buck samples. That includes 23 collecting the sample, putting the sample in a 24 sack , weighing the sample -- I don't believe he 25 does analyzing of the sample -- and prepares the CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 19 1 sample for shipping to the lab. 2 Q. Was that a job that required 3 respiration devices, respiration protect ion? 4 A. Sometimes it did but not ver y often, 5 There was a ventilation, forced ventilat ion in 6 that area. If the ventilation was out, then they 7 would have to wear a respirator, yes. 8 Q. Was any monitoring ever done in that 9 area for the presence of any of the part icles we 10 discussed? 11 MR. METCALF: Restate my objection. 12 THE DEPONENT: Yes. 13 Q. (By Mr. Streelman) Mr. Colcord died 14 in 1983. And it was your opinion that his 15 asbestos exposure would have been 20 to 30 years 16 before that time? 17 A. Yes. Not my opinion, that was from 18 letters that I read from that doctor. 19 Q. So that led to the type of 20 investigation you did? 21 A. Yes, it did. 22 Q. So it would have been, roughly, '53 23 through '63? 24 A. Uh-huh. 25 Q. Did you have any personal knowledge of CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 20 1 the materials that were at the plant at that time? 2 And if you didn't, how did you verify what was 3 there? 4 '5 A. Concerning asbestos? Q. Yes. 6 A. I, personally, did not have any 7 knowledge at that time, other than that we had a * i 8 few asbes tos blankets. I knew wher e the re was 9 some old asbestos insulation, and I knew that some 10 of the insulation ropes were used in the acid 11 plant. 12 Q. So rope was specifically used for acid 13 application? 14 A. Yes. 15 Q. Now, when you started to do your 16 investigation into materials that Mr. Colcord may 17 have come into contact with, did you look at any 18 other potential toxins or dangerous chemicals? Or 19 did you just look for asbestos-containing 20 products? 21 A. Just looked for asbestos-containing 22 products. 23 Q. Why was that? 24 A. That was -- again, the letter we got 25 from Dr. Bechtel indicated that it was an CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 21 1 asbestos- related disease, so that's what we were 2 looking for. 3 Q. And you did find that he had been 4 exposed to rope and insulation for pipes during 5 that rele vant period of time? 6 A. Uh-huh. 7 MR. METCALF: I'm sorry; you will have 8 to answer out loud. 9 THE DEPONENT: Yes. 10 Q. (By Mr. Streelman) Let's go through 11 your depo sition real quick, and I will be done 12 What two minerals were mined at 13 Uravan? 14 A. Uranium and vanadium. 15 Q. Do you have any experience with these 16 asbestos blankets that you mentioned? 17 A. Yes. 18 Q. Can you describe them? 19 A. It's a tightly woven blanket that they 20 used as a fire retardant. A lot of times they 21 would use them -- they would do a welding job, and 22 then they would put this blanket over the weld to 23 keep it f rom cooling down too quickly. It was a 24 tightly woven asbestos product. 25 Q. When in use -- did you ever see it in CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 22 1 use? 2 A. Yes. 3 Q. Did any dust come off of this type of 4 blanket? 5 A. No. 6 Q. Now, the last exposure, according to 7 your letter of January 4th, 1984, to asbestos 8 products was in 1969, August 29th of 1969. If you 9 want to refer to your letter, feel free. 10 A. Okay. We went beyond this, the letter 11 I wrote there. And Mr. Colcord did have some 12 exposure , I believe it was a year before he passed 13 away. 14 Q. Okay. 15 A. I can't remember the date on that for 16 sure. 17 MR. PHILLIPS: Do you have the date of 18 that letter? 19 MR. STREELMAN: January 4th, 1984, 20 from Mr. Stephens, from his office. 21 MR. STREELMAN: Mr. Stephens, I think 22 that's all I need to ask you. Conard? 23 MR. METCALF: I just have one other 24 question -- at least I hope it's just one. 25 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 I -? 1 FURTHER EXAMINATION * 2 BY MR. METCALF: 23 3 Q. Mr. Stephens, to your knowledge, does 4 Union Carbide, whenever it knows or suspects a 5 potential health hazard for those materials 6 encountered in the workplace, take all reasonable 7 precautions to protect those employees? i !8 A. Yes, we do. ?9 | MR. METCALF: I have no other 10 questions i 11 MR. STREELMAN: I do need to ask one c 12 further question. ? 13 FURTHER EXAMINATION c 6 14 BY MR. STREELMAN: I 15 Q. Do you recall giving a deposition in 16 1984 invo lving Mr. Colcord? 17 A. Yes, I do. 1 i 18 Q. I'm using this to jog your memory; I 19 am not tr ying to trap you here. i 20 MR. METCALF: Better check for your ! 21 billfold. i 22 Q. (By Mr. Streelman) It's referring to is 23 blankets. f 24 MR. METCALF: Object as being beyond 25 the scope of redirect. l i CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 24 1 Q. (By Mr. Streelman) The question was: 2 "But the b 3 around?" 4 Your answer was: "There are still a 5 couple of 6 "If a person were to shake these 7 materials , 8 that give 9 know?" 10 You say: "As far as releasing 11 asbestos, 12 asbestos 13 blanket, y 14 yes ." 15 Did you have experience with that? 16 A. 17 would shak 18 it. 19 This question, I believe, was 20 refer ring 21 And, yes, 22 suppose it 23 or other di 24 Q. So a used blanket would have a 25 tendency t< CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 25 1 A. Yes, uh-huh. 2 MR. STREELMAN: That's all I have 3 4 5 (Whereupon, the deposition was 6 concluded at 10:45 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 26 1 I have read the foregoing 2 transcript of my testimony and have indicated same 3 by my signature. 4 5 6 HOWARD STEPHENS 7 8 STATE OF COLORADO ) ) ss. 9 CITY AND COUNTY OF DENVER ) 10 11 Subscribed and sworn to before me 12 by the said HOWARD STEPHENS, this c%? ** 13 day of 14 15 ___________ , 1987. My commission expires: -J*-- <FP 16 17 ORIGINAL 18 19 20 Not^j/y Public 21 22 Address 23 24 25 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 27 1 CERTIFICATE 2 STATE OF COLORADO ) ) ss. 3 CITY AND COUNTY OF DENVER ) 4 I, Dawn E. Calderwood, a Registered 5 Professional Reporter and Notary Public for the 6 State of Colorado, do hereby certify that previous 7 to the commencement of the examination, the said 8 HOWARD STEPHENS was duly sworn by me to testify 9 the truth in relation to the matters in 10 controversy between the said parties; that the 11 said deposition, consisting of 25 pages, was taken 12 in shorthand by me and was reduced to typewritten 13 form by computer-aided transcription; that the 14 foregoing is a true transcript of the questions 15 asked, testimony given, and proceedings had; that 16 I am not attorney nor counsel nor in any way 17 connected with any attorney or counsel for any of 18 the parties to said action or otherwise interested 19 in its event. 20 IN WITNESS WHEREOF, I have hereunto affixed 21 my hand and notarial seal this 22nd day of May, 22 1987 . 23 My commission expires: September 10, 1990. ___ (l(XldjU\LOdoA ,, 24 DAWN E. CALDERWOOD 25 Registered Professional Reporter CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 28 1 CALDERWOOD/MACKELPRANG & ASSOCIATES 1462 Glencoe Street 2 Denver, Colorado 80220 3 May 22, 1987 4 5 Mr. Howard Stephens P. 0. Box 860 6 Nucla, Colorado 81426 7 Re: Colcord vs. Armstrong, et al. 8 9 Your deposition in the above-entitled cause has now been transcribed. The court rules require 10 that we file your deposition promptly. Therefore, please review and sign your deposition and 11 correction sheets, if any, before a Notary Public and return to our office . . . 12 within 30 days to comply with the 13 statute. 14 X by June 3 , 1987 , so the deposition may be filed in time for 15 trial. 16 If you do not call for an appointment within the time designated, we shall file your deposition 17 unsigned. 18 Very truly yours. 19 20 CALDERWOOD/MACKELPRANG & ASSOCIATES Registered Professional Reporters 21 cc: C. Metcalf 22 B. Streelman W. Phillips 23 Original Transcript File 24 25 CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 N. I UNION CARBIDE CORPORATION METALS DIVISION, URAVAN, COLORADO SI 436 7(176/ / / January 4, 1984 30 1984'' State Compensation Insurance Fund . 950 Broadway Denver, CO. 80203 Attn: Maudie Maldonado/Claims Adjustor Re: SF:C83617 51 VQ: 3039102 j December 7, 1933 Dear Maudie; In reply to your December 7 letter, I will give you in so much as I know, the information concerning Mr. Colcord's employment while at the Uravan, CO. location working for Union Carbide Corporation. John W. Colcord was hired as a labor on December 14, 1948, promoted to assistant storeskeeper on June 11, 1949, later promoted to storeskeeper on December 3, 1950 Mr. Colcord later transferred out of the warehouse on November 1, 1968 to the job position of sample bucker. The promotion to maintenance on August 29, 1969 was the final pro motion and Mr. Colcord worked as a mechanic until the time of his death. The only asbestos Mr. Colcord could have been exposed to, was during the period from June 11, 1949 through November 1, 1968 when he was working in the warehouse. Union Carbide was using some asbestos materials such as asbestos rope and asbestos insulation for pipes during this time. For a detailed description of his duties concern ing Mr. Colcord's use of asbestos, I suggest you contact Mr. Wallace (Butch) Brice with Union Carbide Corp., at P.O. Box 787, Blanding,UT. 34511. Mr. Brice was John/Colcord's supervisor during the period he worked in the warehouse. I hope this information has been helpful. We regret that exposure records were not kept during the time period mentioned above. If I can be of any further assistance, please feel free to contact me. Very truly yours. ys/i Howard A. Stephens Safety Engineer IF ""'i fvc-.\ -- -- - ,.,y jmc. . ICIMT ArroiiiEY. M* 1 CERTIFY THAT THIS RtPORf Ha$ BEEN MAI SB/WC J maw m M H.J 4I UNION CARBIOt CORPORATION \M I Al > PI VIJ K 'N October 26, 19)'.' American Mntoiists Insurance Company Fost Office Bor 634 7 I.A. Denver, Colorado B0217 ATTN: Linda, Claims Adjuster Dear Linda, In response to your request to obtain Mr. Jack Colcord's work history and when U.C.C. began looking at asbestos as a health ha2ard, I give you the following information: Jack Colcord was hired on December 14, 1948 as a Laborer; was promoted to Asst* Stores Keeper on June 11, 1949; he made Store Keeper on December 3, 1950; he transferred out of the Warehouse on November 1, 1968 and he worked as a Sample Bucker; then he went Into Maintenance on August 29, 1969 and worked In Maintenance until the time of his death. 1 am not certain when U.C.C. considered asbestos as a health hazard as I dont' have the records to verify this but since my employment with U.C.C. In August 1976, asbestos was considered a hazardous material and we take precautions to avoid this material. I hope this information Is useful to you. If you need more Information, please call me at my office In Uravan, Colorado. Sincerely yours. H. A. Stephens Safety Engineer r P. S. As of August 29, 1969, Mr. Colcord had no known exposure to asbestos or asbestos materials that we are aware of.