Document mqvRm2L4nDpojaYLonVqvGVBk

1 NO. 103,341 2 WALTER RAINES 3 vs. 4 DOW CHEMICAL AND FRANTZ COMPANY, INC. 5 X X X X X X 6 IN THE 15TH JUDICIAL DISTRICT COURT OF GRAYSON COUNTY, TEXAS 7 APPEARANCES: 8 FOR THE PLAINTIFF: 9 Honorable Lenis William Pierce, III Attorney at Law 10 Blake Bailey, P.C. 113 East Houston Street 11 Tyler, TX 75702 12 FOR THE DEFENDANT; DOW CHEMICAL: 13 Honorable Tom Henson Attorney at Law 14 Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford 15 Citizens First National Bank Bldg. P. 0. Box 629 16 Tyler, TX 75710 17 FOR THE WITNESS: 18 Honorable Ronald Hurley Clark Attorney at Law 19 Henderson, Bryant & Wolfe Fifth Floor, M Bank Building 20 Sherman, TX 75090 21 DEPOSITIONS AND ANSWERS OF WALTER M. SCHULZ, a witness 22 who appeared and testified for the purpose of giving his 23 deposition at the instance of the Plaintiff herein; said 24 witness residing in Grayson County, Texas; said deposition 25 being taken on the 30th day of May A.D., 1985, before R&S166027 1 Debra H. Smith/ a notary public in and for the State of Texas, 2 in the conference room of Henderson, Bryant & Wolfe, Sherman, 3 Texas, in accordance with the following agreement between 4 counsel for Petitioner and counsel for Defendant, Dow Chemical: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 R&S166028 1 AGREEMENTS 2 3 MR. PIERCE: Do you want to waive all 4 objections to the time of trial? 5 MR. HENSON: I will reserve them. I don't 6 want to waive them - 7 MR. PIERCE: Right. 8 Are you local counsel for Oscar Mayer? g MR. CLARK: Yes. 10 MR. PIERCE: Signature before any notary? ii MR. HENSON: That's fine. 12 ***** 13 14 15 16 17 18 19 20 21 22 23 24 25 R&S166029 1 WALTER M. SCHULZ 2 First having been duly .sworn to tell the truth, the 3 whole truth, and nothing but the truth, testified as follows 4 herein: 5 6 DIRECT EXAMINATION 7 BY MR. PIERCE: 8 Q Would you state your name for the record. 9 A Walter Schulz. 10 Q Where do you live? 11 A I live in Howe. The address? 12 Q Yes. 13 A Route 2, Box 214. 14 Q And how do you spell that? 15 A H-O-W-E (spelling). Right next door to Sherman -- 16 a little town. 17 Q How are }ou employed? 18 A I am employed by Oscar Mayer Food Operations. I 19 am Assistant Personnel Manager. 20 Q OK. Who is the Personnel Manager. 21 A The Personnel Manager is Thomas Murphy. 22 Q OK. How long have you been employed there? 23 A I have been with Oscar Mayer since August 29, 1977. 24 Q What did you do before that? 25 A Before that? -2- BAYONNE. tt.J. R&Sf 66030 1 Q Right. 2 A I was in college. 3 Q OK. How old are you now? 4 A I'm 32. 5 Q OK. Have you ever had your deposition taken before 6 A No. I have not. 7 Q Have you had a chance to talk with your attorney, 8 Ron Clark, who is here with you today, about it? 9 A Yes, I have. 10 Q You understand that the court reporter will be 11 taking down everything you say and it will be typed into a 12 booklet form and you will be able to read the questions if 13 you want to? 14 A Yes, I do. 15 Q We will be able to use this in court as actual 16 testimony, although you are not there. We can read its 17 answers in as though you have been testifying in court. 18 A Yes. 19 Q I notice that you are answering out, which is what 20 you are supposed to do because she has trouble taking down 21 nods of the head and shakes and what not. And, I would like 22 to make a deal with you: If I ask you a question that is 23 vague or ambiguous, that you would ask me to re-phrase it or 24 re-state it and answer only questions you have sufficient 25 knowledge to answer. OK? -3- R&S166031 1 A I understand. 2 Q All right. Where did you go to college? 3 A Texas A & M. 4 Q Did you receive a degree from there? 5 A Yes, I did. In business management. 6 Q OK. And you went directly from college to the 7 Oscar Mayer plant here in Sherman, Texas; is that right? 8 A Yes. 9 Q OK. Now, I've asked you to bring certain records 10 with you and you have furnished me with those copies. I am 11 going to ask you some questions about some of the products 12 that you use there at the plant. I'm specifically interested 13 in -- of course> you know, Walter Raines is the subject of 14 our suit? 15 A Yes. 16 Q And Walter Raines is a guy claiming against Dow 17 Chemical that he contracted certain diseases from the use of 18 products that they produce. 19 Now, this Saran 865 Resin -- would you tell me how 20 that is used in your profession? 21 A We use it, the blended Saran 865, for packaging 22 material. We extrude the powder into a packaging material 23 to wrap the product in for sale. 24 Q OK. This Saran 865 comes then with a -- comes in 25 a drum, I take it? -4- R&S166032 1 A A paper drum. 2 Q OK. A paper drum. And attached to this drum, 3 I guess,there are certain insignias. 4 attached to the drum? Am I holding what is 5 A That is the label that is attached to the paper dru n. 6 Q OK. Anything else on the paper drum? 7 A To my knowledge there is a little stamp on the 8 disposal of the drum after it is used. 9 Q Do you know what that stamp says? 10 A No. I don't. It's just -- 11 Q OK. Later today we will be taking a tour of your 12 plant today and we will have an opportunity to see some of 13 these drums. 14 A Right. 15 Q I notice this is Saran 865 and I believe Walter 16 has testified earlier he used a component called 864 and 17 could you tell me the difference between the Saran 865 and the 18 I guess it was Saran 864? 19 A To my knowledge, this was some years ago that 20 Walter worked for usr we used the Saran 864 that has been 21 either re-blended or this is a replacement product. I'm not 22 sure why they use 865, but they are very close. It is the 23 closest thing to 864 we could pbtain. 24 Q Back when you were using Saran 864, did it come 25 with a similar package as this? R&S166033 1 A Yes. 2 Q That I am showing you now? 3 A To my knowledge, it did. 4 Q OK. And it had, I guess it had, the same statement 5 on the back regarding the disposal of the product? 6 MR. HENSON: I am going to object to leading. 7 BY MR. PIERCE: 8 Q Did it have any type of other insignias on the 9 container that you received -- Saran 864? 10 A I can't answer that because I really didn't pay 11 that much attention that long ago. 12 Q OK. Who's in charge of purchasing the different 13 products that are used at your plant? 14 A Ralph Bluemel. B-L-U-E-M-E-L (spelling). 15 Q And he handles all the purchasing there? 16 A That's correct. He is the Purchasing Manager. 17 Q OK. Do you have any idea about who he purchases 18 -- or any knowledge of who he purchases this Saran 865 from? 19 A The Saran 865, I assume, is purchased from Dow 20 Chemical. 21 Q Why did you assume that? 22 A Because that's basically what I remember seeing in 23 the plant is the Dow Chemical Saran. 24 Q Do you assume that because this has the insignia 25 or logo? R&S166034 -6- 1 A That reinforces my assumption. 2 Q OK. 3 A If you ask me to go back five years and remember 4 exactly what was on each barrel, I can not do that. 5 Q I understand. 6 MR. PIERCE: I would like to mark this as 7 Plaintiff's Exhibit Number 1. 8 (Whereupon, Plaintiff's Exhibit Number 1 was marked for 9 identification.) 10 BY MR. PIERCE: 11 Q OK. I am handing you now what has now been marked 12 as Plaintiff's Exhibit Number 1 and that's what we have been 13 talking about here the last few minutes; is that correct? 14 A That's correct. 15 Q Now, would you just examine that briefly and tell 16 me what kind of warnings you find on there? 17 A Basically, there are no large warnings. It refers 18 to the Dow Chemical Safety Data Sheet, as do most products 19 that we have. 20 Q OK. Is there anything else on there that might 21 warn a potential user of the product other than the Dow 22 Safety Data Sheet? 23 A It mentions about do not reuse the container. 24 Dispose of empty container or liner by incineration if allowec, 25 or in an approved landfill. BAVONNC, N,J. R&S166035 -7- 1 Q OK. 2 A Most all chemicals would have the container that 3 would be narked for -- Not for reuse. That's -- generally, 4 that's the case. 5 Q What do you do with this drum after you get through 6 using it-- the Saran 865 comes in, or 864 did come in? 7 A Some of them are disposed of through the normal 8 trash compacting service for the landfills and some of them 9 are sold. 10 Q I see. Who do you sell those to? 11 A I'm not sure. 12 Q What other products -- now, I assume that this 13 product has been used in the making of the plastic sheets 14 that you've told us about that goes around the wrapping of 15 the food? 16 A Yes. 17 Q The product that you make? 18 A Yes. 19 Q OK. What else is -- you don't -- this is not the 20 sole product used for that, or is there other products that 21 are added in there? 22 A There are other blended powders that make up the 23 packaging material. 24 Q OK. What are they? 25 A For the C.W. or for the weiner production, the area -8- R&S166036 ----------------------------------------------------------------------------------------------------------------------------------------- 1 that Raines worked in? 2 Q What area did Walter Raines work in? 3 A He worked in, to my knowledge, what we would call 4 C.W.P., continuous wiener production. 5 Q OK. And is that also known as The Tunnel? 6 A The Wienie Tunnel. The Tunnel. 7 Q OK. Now, what other components were used in the 8 packaging? 9 A The package material also included other blended 10 powders. One that we would call P.V.C. 411. I think. 11 MR. HENSON: What was the name of it? 12 THE WITNESS: P.V.C. 411. 13 BY MR. PIERCE: 14 Q Now, let me stop you. Do you know what that stands 15 for -- the P.V.C.? 16 A Well, it would be the name polyvinyl chloride * 9 17 Q Who do you purchase that from? r* X K o 18 A We don't purchase that from anybody at the Sherman Q 19 plant. O X 20 Q OK. How does that P.V.C. 411 arrive at your plant? W X z o 21 A From our corporate plant. >* < d u 22 Q Where is that? 3 2 4. 23 A Madison, Wisconsin. 24 Q OK. Does the purchasing agent or Ralph Bluemel -- 25 A Bluemel. R&S166037 -9- 1 Q Is he responsible for getting that to your plant? 2 A He may order the quantities needed from the Madison 3 plant. He would not be responsible for actually purchasing 4 the powder. It would be more like a request for transfer from 5 one plant to the other. 6 Q OK. Who -- do you know who purchases that product? 7 A No. I don't. I don't know. That is a plant 8 product in Madison. 9 Q What does it look like? 10 A It is a white powder. 11 Q OK. Is this 864 stuff, is this the Saran 864, is 12 it also a white powder? 13 A Yes, it is. 14 Q What kind of container does this P.V.C. 411 come in 15 A It comes in a paper drum. 16 Q The same as the Saran? 17 A That's correct. 18 Q OK. And to your knowledge there are no insignias 19 on it of any kind? 20 A On the -- 21 Q On the paper drum that the 411 P.V.C. comes in. 22 A No. Just what I have here, plus the little thing 23 of disposal. 24 Q Now, I'm talking specifically about the P.V.C. 25 A The P.V.C. Yes, there is a warning label on the ii -10- R&S166038 1 P.v.c. 2 Q Do you know what it says? 3 A Word for word or in general terms? 4 Q Just the best you can remember. 5 A There is a stamp on that barrel that will say that 6 this may contain trace amounts of vinyl chloride, a cancer 7 suspect agent. 8 Q OK. And you don't have any knowledge one way or 9 the other if that product is manufactured by Dow Chemical 10 Company? 11 A I have no idea. 12 Q Is there anything else that you can think of that's 13 on the drum? 14 A You are talking P.V.C.? 15 Q The P.V.C. drum,, yes. 16 A Basically just the label and that one stamp. It 17 may also have a little stamp for inspection of the drum. 18 Q You can't remember what thelabel says? 19 A It just says P.V.C. and then thetype of P.V.C. 20 that it would be, the blend and the weight. 21 Q When we tour the plant today, we will be able to 22 see those. 23 A Yes. 24 Q You still purchase the P.V.C. 411 from the same -- 25 is the same type of product it still comes from your Madison -11- PCNGAO CO. R&St 66039 1 plant? 2 A That's correct. 3 We blend it in Madison. We don't purchase the P.V.C. 411. 4 Q But nothing has changed since Walter Raines worked 5 there? 6A To my knowledge -- I don't know of any changes. 7 I would not necessarly know of any changes, though. 8 Q Who in the plant did you say Madison? 9 A Madison, Wisconsin is corporate headquarters. 10 Q OK. Who in the Madison, Wisconsin, plant would know 11 where this material came from or who manufactured it? 12 A Oh, gee, I'm going to give you a name. 13 Q OK. | 14 A Reggie Finn (phonetic) and I do not know if he is 15 the proper person to go to. or not. He is more knowledgeable 16 on the subject than I would be. 17 Q What is his job title? 18 A That, I don't know. 19 Q But he has a position there at Madison, Wisconsin, 20 with Oscar Mayer? 21 A That's correct. 22 Q Is the company called Oscar Mayer -- 23 A Foods Corporation. 24 Q Food Corporation. 25 A Foods Corporation. PENGAO C O .. BAYO N N E, N .J. R&S166040 -12- t 1 Q OK. Approximately how much of the P.V.C. 411 is 2 used in connection with the Saran 865 or 864? 3 A Ratios? 4 Q Approximately. If you know. 5 A I don't know. I don't know. 6 Q OK. Do you use a -- well, this comes in the same 7 size drum as the P.V.C.; is that right? 8 A Relatively. 9 Q OK. We'll see that when we go out to the plant. 10 A Right. 11 Q Any other chemicals you use out there in connection 12 with the making of the plastic sheet that goes over the product? 13 A Yes, it is. 14 Q OK. 15 A I am going to say E.V.A. 16 Q Ethyl vinyl acetate? 17 A Right. 18 Q Could you tell me who you get that product from? 19 A No. I don't know. I didn't check that either. 20 Q OK. Do you know what kind of drum that cpmes in? 21 A It comes in a large square box. 22 Q OK. And is it powder also? 23 A No. It is pellet form. 24 Q OK. 25 A And it would generally come in, probably, I would PCHG A0 C O ,, BAYO NNE, H ,J. R&S166041 -13- 1 guess, about a thousand pound container. 2 Q Do you know what purpose it provides in the process 3 there? 4A The three chemicals have, to my knowledge, three 5 separate functions. One is to provide strength, that would be 6 the blended powder, P.V.C. One is to adhere one packaging 7 substance to another and one would be for a light barrier. 8 0 A light varier? 9 A Barrier. 10 Q OK. I understand. 11 A If you expose the meat product to light without 12 some type of protection, it would discolor the meat. 13 Q OK. Now, you say three sheets, did you make -- 14 A Three layers. 15 Q Did you make a layer out of each one of these 16 separate products and then blend them together? 17 A No. It's done at the extrusion. It's all done 18 at one time. 19 Q Start with the three powders -- the two powders 20 and the pellets and show me how that's mixed up. Could you 21 briefly describe that to me? 22 A The blended powders would come in and be fed 23 automatically into an extruder. The extruder would have three 24 components, three sections for each powder. It would go into 25 a common die and be extruded out as a packaging substance. PENG AD C O .. SAVON HE, N .J, -14- 1 Q OK. Would that substance beheated? 2 A Yes. 3 Q Because it will be melted down; is that correct? 4 A Heat would be applied. 5 Q Do you know how much heat would be applied? 6 A Approximately 360 degrees, Fahrenheit, give or 7 take a little bit. 8 Q Do you know if any fumes would be emitted from 9 that process? 10 A I would think that you would always have fumes 11 from any heating process of anything you do. 12 Q Do you have the basis there to take care of the 13 fumes, to eliminate fumes from the area? 14 A Yes, we do. 15 Q So, it must emit some fumes? 16 A Yes, any time you heat substances. We will have 17 duct work. 18 Q Then, it comes out of the extruder, then what do 19 you do? 20 A It goes through the water tank where it is 21 immediately cooled. 22 Q OK. 23 A Then on the packaging line for the packaging 24 material. 25 Q When is it applied to the packaging material -- -15- R&S166043 1 how is it cut or separated from the sheet? 2 A It's automatic. 3 Q It's automatic. With what type of devices? 4 A We have production equipment that would automatical iy 5 feed on to the line. We have production personnel that would 6 automatically place the meat into the Saran. We have equip 7 ment that would seal it, cuts it out and bands it. 8 Q OK. The equipment that seals it, does that heat 9 the item up again? 10 A It's generally -- the sealing is more or less a 11 warming. It keeps the matter warm. I don't know that it 12 would heat. I suppose the platter is. 13 Q The platter? 14 A The platter is warm. 15 Q What are the platters? 16 A The platters would be the film, the package substan ce 17 it is laid on to, then the film is pulled into the platters 18 for a form fit and then the meat is placed on the platters 19 and then another matter is placed on top of the meat and if 20 you have a variation in temperature, the film or the packaging 21 substance tends to wrinkle and that gives you packaging 22 problems, leakers. 23 Q I see. OK. Now, some of the products you make 24 out there are smoked products; is that correct? 25 A That's correct. 16- PEN&AO C O .. BAYO NNE, N .J. R&S166044 1 Q OK. Now, how -- Do you buy some kind of wood 2 product that you use to smoke these products? 3 A We buy hardwood, sawdust. 4 Q OK. And who did you buy that from? 5 A You're talking about during the years between '76 6 and 180? 7 Q Yes. 8 A I can't remember that. 9 Q Who do you buy it from now? 10 A We have, in the last few years, purchased it from 11 France Sawdust and also Big Sandy. 12 Q France Sawdust. Where are they located? 13 A I don't know. 14 Q OK. But I guess Ralph -15 A Ralph Bluemel would know. He would also know what 16 sawdust was purchased during the time frame you were referring 17 Q He would have the records for that too, I suppose? 18 A That's correct. 19 Q And you also purchased, I think you said, from 20 Big Sandy? 21 A Big Sandy. That would probably be more recent. 22 Q Big Sandy is more recent? 23 A Well, I'm trying to think. This sawdust comes more; 24 or less in a brown paper bag. 25 Q And there is nothing on the outside? -17- R&S166045 1 A Well, there may be, but the way it comes in, it is 2 not noticeable. It's an unattractive package and it's not 3 something you would readily notice when you walk by. 4 Q But, then that product is taken into a room, I 5 suppose, and could you tell me briefly how that is used -- 6 the wood product? 7 A The sawdust is dumped into a hopper and it is 8 automatically pulled into the smoking unit. 9 Q OK. What happens in the smoking unit? 10 A Gasoline is applied and the sawdust is burned at a 11 slow rate, creating smoke within the smoking unit. The produc(t 12 goes in and out and receives smoke during the time that it 13 travels through the smoke. 14 Q OK. Also, you brought with you, I believe you said i 15 a Dow Data Safety Sheet 16 A Material Safety Data Sheet. 17 Q OK. This is the Material Safety Data Sheet for 18 the product Saran 864 Resin; is that correct? 19 A That's correct. 20 MR. PIERCE: OK. I'll have this marked as 21 Plaintiff's Exhibit Number 2. 22 (Whereupon, Plaintiff's Exhibit Number 2 was marked for 23 identification purposes.) 24 BY MR. PIERCE: 25 Q OK. Uider the ingredients, I see where it says BAYONNE, H,J. R&Sl 66046 -18- 1 Vinylidene-- am I pronouncing that right? Vinylidene Chloride. 2 A I am going to guess it's vinylidene chloride. 3 Q OK. And then it has dash vinyl chloride copolymer. 4 A That's correct. 5 Q OK. Now, this safety sheet, I guess -- can you tell 6 me basically what it's purpose is? 7 A The purpose of a Material Safety Data Sheet is to 8 supply the user of any chemical, whether it be face cream, or 9 flammable liquid; certain information for fire fighting 10 purposes, for storage, for clean-up, disposal and any 11 safety recommendations from the manufacturer. 12 Q OK. Could you tell me -- would you review that 13 just briefly and would you tell me what kind of hazards you 14 would guard against, after you have reviewed over the Dow 15 Material Safety Sheet? 16 A The hazards listed could be eye -- getting foreign 17 objects in your eye, skin contact, which is listed here as 18 essentially non-irritating; skin absorption, not likely to be 19 absorbed; ingestion, which they suggest that it is a low singl|e 20 dose toxicity; inhalation, possible nuisance dust. 21 Q OK. If I can stop you just a moment where it says 22 inhalation, do any of the representatives from Dow Chemical 23 Company ever come down and talk to you about their products, 24 sales personnel, anything of that nature? 25 A At our plant? BA TO N N E , N.J R&S166047 -19- 1 Q Yes. At your plant. 2 A To my knowledge, no. 3 Q Have any of them ever come to the Madison plant? 4 A I don't know. I don't know. 5 Q OK -- 6 A You're talking about representatives that would 7 come out specifically in regard to 864, to the Sherman plant? 8 Q Or any Dow representative ever come out there to 9 your plant? 10 A I don't know. I can't answer that. We have 11 representatives that come out if we have a problem with the 12 product, if we have what we feel is a faulty product, un 13 acceptable, they will come out and evaluate it. 14 Q Have you ever had a product like that? 15 A From Dow? 16 Q From anybody. 17 A Yes. Wehave. 18 Q Could you tell me some of their names, briefly? 19 A Union Carbide -- 20 Q Union Carbide -- 21 A Casings. 22 Q Casings. What is that? 23 A We would have to stuff our meats into a casing for 24 processing. 25 Q OK. -20- PENGAO C O ., BAYO NNE, N .J, R&S166048 1 A We sometimes have products that are unacceptable 2 -- boxes. Boxes we would buy, from various plants that would 3 be unacceptable. They would come out and take them back and 4 replace them with an acceptable product. 5 Q Have you ever had any trouble with Dow products? 6 A I don't know. I don't know. 7 Q Who would know out at various plants? 8 A Again, I am going to have to refer you to Ralph 9 Bluemel, the purchasing agent, because he would be probably 10 the one to make the contact with the vendors. 11 Q With the vendor direct? 12 A That's correct. 13 Q OK. If he had a problem with the product P.V.C. 14 411, he wouldn't make contact with the vendor, I suspect? 15 A That -- he would -- that would be the Madison plant. 16 Q Is that -- he would contact Reggie -- 17 A Reggie Finn is a person inMadison whowould know 18 more about this than I would know. That is not to sayReggie 19 would be responsible for production. He could probably, 20 certainly, direct you to the individual that would know. 21 Q OK. 22 A But since we're a thousand miles away, I don't 23 really. 24 Q Well, I understand that. When the Saran 864 comes 25 to your plant, do you have an idea of what its intended use is -21- & M O H M E , N.J. R&S166049 1 A For packaging material. 2 Q OK. so, you know that it's going to be heated up 3 and used for your product? 4 A It will be extruded and used for packaging material 5 That's the only use. 6 Q OK. Do you have any other chemicals out at the 7 plant that you might need to tell me about that you used? 8 Do you use any type of chemical for clean-up, as a solvent? 9 A Well, you're getting a little outside of my field 10 because I am not in the sanitation area. We have many chemica Is 11 for cleaning, sanitation purposes. 12 Q OK. You are talking about, mainly, detergent and 13 things of that nature? 14 A That's correct. 15 Q What type of chemicals would Walter Raines be 16 exposed to throughout his career working there in the Wiener 17 Tunnel? 18 A The normal greases, oils, the blended powders, 19 various glues. 20 Q What type of glues would there be? 21 A We have a glue that we use for boxes. We have 22 box forms that will convert into boxes. 23 Q OK. 24 A Actually, he would be probably less inclined to be 25 exposed to that. The production people pretty much maintain -22- aAVONNE. H,J. R&S166050 1 that only when he would have to possibly dismantle it for some 2 reason or other to put it back together. 3 Q Could you tell me when Walter Raines was first 4 employed by your company? 5 A Walter Raines started 2-25, 1976. 6 Q OK. Did he work there continuously or was there an 7 interruption? 8 A There was an interruption. 9 Q Could you tell me about that? 10 A He quit on 9-7-79. 11 0 OK. Could you tell me the reason for that or do 12 you know that? 13 A I don't really know the reason for that. I did 14 not talk to him. 15 Q OK. Do you know who would know about that? 1 16 guess his supervisor would know about that. 17 A His supervisor would know and probably the personne, 18 manager would know. I know that Walter was going through a 19 divorce right about that time. 20 Q OK. And then was he re-hired after that? 21 A Yes. He apparently changed his mind and re-appliec 22 for employment. He was re-hired on 9-24-79. 23 Q OK. And then how long did he work after that? 24 A He worked then until 8-28, 1980 and he voluntarily 25 quit on that day. -23- 1 Q OK. Was there any reason stated for his quitting? 2 A I have nothing in the file that would indicate any 3 reason, other than it was a voluntary quit. 4 Q OK. Did you know Walter Raines personally, or 5 just as an employee? 6 A Just as an employee. I recognize him. I knew him 7 by sight. I did not know his personal likes or dislikes. 8 Q I understand. Could you tell me who his immediate 9 supervisor was during the time he was out there? I have seen 10 his name several times in the documents, but I can't read their. 11 A OK. Well, if you will show me. I can't really 12 tell who his immediate supervisor was. Supervisors come and 13 go, as do employees, but I would be glad to. 14 Here? Right here? 15 The last evaluation was from Mike Dempsey (phonetic). 16 Q OK. Is his -- I'm sorry. Go ahead. 17 A And Mike Dempsey is a maintenance supervisor. 18 Q OK. And was his immediate supervisor. I notice 19 his name was on there most of the time, Mike Dempsey. 20 A Well, when he worked day shift, the first time 21 around, he probably worked for Mike Dempsey. Mike Dempsey 22 was a first shift, mechanical supervisor. 23 Q I see. What shift did Walter Raines work? 24 A He worked, I think, the first shift and also the 25 third shift. He may have worked the second shift sometime, -24- PENGAO CO ., R&S166052 1 but as a general rule, probably those two shifts. His mechanical 2 supervisor when he worked the third shift would, according to 3 the records, be Ron Adcock (phonetic). 4 Q Does Ron Adcock still work at your plant? 5 A Yes, he does. 6 Q Does Mike Dempsey? 7 A Yes, he does. 8 Q What exactly were Walter Raines' duties at the 9 .plant for the position he had? 10 A During most of the time or do you want me to go 11 from start to finish? 12 0 Yes. From the start. 13 A He was hired as a production employee. He was 14 assigned to the shipping area where he had various loading 15 trucks filling orders. He worked in the shipping area until 16 4-26-76, where he was then transferred into maintenance and S 17 he spent the remainder of his time in the maintenance area. O Maintenance is the group of people that would monitor the 3 19 production equipment, make fine tuning adjustments, change a 2 20 overs if change overs needed to be made, major repairs if \ 21 major repairs would be made. He would work with the producticn 0 S 22 people outside of the shop in the production environment. < J 23 Q OK. So, he would actually keep the machinery 24 going. Was he basically assigned to one wiener tunnel? 25 A That's correct. -25- 0 FORM FE N 6A Q C O ,, 6A Y O H N E . H .J. R&S166053 1 Q How many wiener tunnels do you have? 2 A We have basically one area, one room. We have two 3 lines in that one room. 4 Q OK. And that's the wiener tunnel that we have been 5 talking about, so he would be in there with the people in the 6 production crew? 7 A Right. 8 Q Supervising machinery? 9 A Right. 10 Q At the end of each shift or the start of the shift, 11 did you close down the machine, stop production? How do you 12 go from one shift to the other? 13 A Normally speaking, the third shift would start 14 production and if things go right, the third shift would shut 15 down the production. 16 Q OK. And if he worked third shift and was shutting 17 down the operation, what kind of duties would that involve? 18 A He would more or less -- well, there's more to it 19 than turning off the machine, but he would back the tempera 20 tures down and prepare it for cool-down. Basically, that's 21 less complicated probably than anything else. As soon as the 22 last packages are done, we stop the film production and then 23 he goes in to other duties such as dismantling equipment and 24 things like that. 25 Q OK. Why would the equipment be dismantled? -26- P N GAO CO .. B A rO M N C , N .J. R&S166054 1 A For clean up. 2 O OK. So, he would break the equipment down and then 3 your sanitation personnel would come in? 4 A Not the extruding equipment. He would go on to the 5 processing equipment. 6 Q Oh. 7 A We have many, many pieces of equipment that have to 8 be partial -- guards removed so sanitation personnel can get 9 in and adequately clean. 10 0 OK. Did he do any work in the smoke chamber -- 11 what did you call that? 12 A The smoke shop. Normally not. 13 Q He would never have to break anything down? 14 A No. The doors open freely and the sanitation 1b people just go in there. It has also a special cleaning 16 system and they more or less turn it on to get it ready. He 17 would not normally have any mechanical repairs to that system. 18 Q What type of work to the extruder? 19 A On shut down? 20 Q On shut down or start up. 21 A You have to forgive me a little bit, because I 22 am not a mechanic. 23 Q Oh. 24 A He would normally come in in the morning -- I'm 25 sorry. He would work the third shift. If he worked the third -27- O AYO NNC, N .J. R&S166055 1 shift, he would normally, about an hour before the crew was to 2 arrive, he would start heating up the extruders and then he 3 would start the film for package material. 4 Q How? 5 A Just by turning the buttons on. 6 Q All automatic? 7 A Pretty much all automatic. 8 Q And he would never have to turn -- 9 A Well, the film would start to extrude and we won't 10 run it down the line, we will return it into the water tank. 11 When he is satisfied that the profile of the film is correct, 12 he would put it on the line. 13 Q How does he put it on the line? 14 A You feed it through* 15 Q Grab it with your hands? 16 A Right. 17 Q Can you think of any other products that you 18 purchased from Dow Chemical Company during the time that Waite 19 Raines was employed there? 20 A I don't. I'm not in the position to really know 21 what chemicals were purchased from Dow Chemical. I just 2\ 2 thought that Saran would be the one in question. 23 Q OK. Now, I'm looking at an exhibit that you've 24 provided. It is a Zerox copy of Saran Resin 864 product 25 information. I believe it indicates that it is provided by -28- 1 Dow Chemical Company. 2 MR. PIERCE: I will have that marked as 3 Plaintiff's Exhibit Number 3. 4 (Whereupon, Plaintiff's Exhibit Number 3 was marked for 5 identification purposes.) 6 BY MR. PIERCE: 7 Q How did you come in possession of this document 8 right here? 9 A That would be something that is supplied to the 10 company by Dow Chemical. 11 Q OK. 12 A It's more or less a general information sheet. 13 Q OK. It was supplied -- was it supplied to the 14 company in Madison, Wisconsin, or the company in Sherman? 15 A We get those frpm time to time. When we request -- 16 we will get something like that with the Material Safety Data 17 Sheet. 18 Q How do you request the Material Safety Data Sheet? 19 A Generally when the purchasing department orders a 20 chemical of any sort, we will request the Material Safety 21 Data Sheet. 22 Q OK. 23 A This is -- this is probably -- I have not been in 24 personnel for the whole time, so I can only speak for the 25 time that I've been in personnel. FORM 2004 PENGAO C O ., BAYO NNE, N J . 07002 R&S166057 -29- 1 Q OK. 2 A But when no new chemicals come into the plant, I 3 like to have a Material Safety Data Sheet for each chemical. 4 Q Why is that? 5 A For safety reasons. If there is something that 6 needs to be considered, I like to consider it for fire 7 prevention or any other reason. 8 Q I see. Who is in charge of safety at your plant? 9 Do you have a safety department, a safety engineer? 10 A Well, actually no. We have a person that is also 11 given safety and that is also me. I wear different hats. 12 Q When did you inherit that position? 13 A That comes with the title Assistant Personnel 14 Manager. So, I would be probably more prone to wonder about 15 a Material Safety Data Sheet than say someone in another 16 department would be. 17 Q So, in 1977, you started working there -- 18 A As a production supervisor. 19 Q As a production supervisor. 20 A That's correct. 21 Q Could you tell me then what you did after that? I 22 mean: How long were you a production supervisor? 23 A Five and a half years. 24 Q So, for five and a half years -- so, that would 25 make it roughly about 1982 when you became Assistant Personnel -30- PEN GAO CO, R&S166058 1 Manager? 2 A Well, probably'-- I officially became Assistant 3 Personnel Manager, probably in April of '83. 4 Q OK. And who was the -- who was in charge of safety 5 there at your plant before that, during the time Walter Raines 6 was there, from '76 to 1980? 7 A I'm not sure. I would have to look at the record. 8 I'm about the fifth person in that job, so there has been 9 several. 10 Q Fifth since you started or since the plant opened? 11 A Since the plant opened. 12 Q How long has the plant been open? 13 A About ten years. 14 Q Would it be the PersonnelDirector? 15 A He would not be,the safety -- he would not have 16 the title. He would not be the person that would carry the 17 title of Safety Director. Personnel Manager is also, is 18 generally responsible for every function in that office and 19 I am assigned to the office, so, therefore, he would have also 20 Q Who held the position immediately prior to your 21 position? 22 A Jerry Burroughs (phonetic). 23 Q Do you know where he is now? 24 A He is the personnel manager for Frito-Lay. 25 Q Do you know who held the position immediately prior -31- B A Y O N N E , N . jI, R&S166059 1 to him having it? 2 A I am going to have to think here. Bruce Summers. 3 Q Bruce Summers. And can you think of the guy who 4 held it prior to that? 5 A Bill Jensen. 6 Q OK. Do you know where Bill Jensen is? 7 A Some where in Iowa, I think. 8 Q Do you know who he works for? 9 A No. I don't. 10 Q Do you know why he left? 11 A He was offered a job. He was promoted and he left, 12 Q So, he still works with Oscar Mayer? 13 A Right. In some other plant. 14 Q OK. The guy you mentioned just before that, what 15 was his name? 16 A Jerry Burroughs. 17 Q Where is he employed? 18 A He works for Frito-Lay, I think, in Dallas, or in 19 the general area. 20 Q OK. So you requested the Material Data Sheet and 21 then sometimes these documents come in from the main plant in 22 Madison? 23 A That is a general summary of the safety data sheet, 24 more or less. 25 0 Do you know who sent those to you? -32- R&S166060 1A 2Q 3 ment? 4A No. I don't. Do you know when your company received this docu- No. I don't. Again, that is 864. 5 Q Right. 6 A We don't use 864. 7 Q When was 864 used? 8 A I don't know. 9 Q OK. There are two sheets on the back it has Safety 10 and Handling Considerations and under Handling and Processing, 11 it says OSHA Standards have regulated vinyl chloride a 12 carcinogen by inhalation, according to 1910.93, section q 13 vinyl chloride, recorded on May 28th, 1975, as sub part Z, 14 1910.17, which limits the amount of vinyl chloride monomer 15 to which a worker can be exposed. 16 Were you familiar, or are you now familiar with w 17 the amount of or the part per million that the OSHA Standard o s o Ik 18 is for vinyl? r4 O 19 A Yes. 2 20 Q Can you tell me what that is? hi z oX < 21 A The limit is one part per million over the time of 6u 22 an average of an eight hour day. The target action level & zM 23 would be .5 parts per million. a. 24 Q When you say action level, that's what your company 25 tries to achieve? R&S166061 -33- 1 A No. That's established by OSHA. If you have a 2 noticeable amount at or above that targeted level, you must 3 follow the guidelines prescribed by OSHA for the chemical. 4 Q OK. So you are aware in general that the chemical 5 vinyl chloride, when it is inhaled is a potential carcinogen 6 A Under certain conditions, yes. 7 Q What condj-tions are those? 8 A That would be over the designated exposures last 9 established by OSHA. 10 Q When did you become aware of this problem you could 11 have with vinyl chloride? 12 A The legislation started, I think, before our plant 13 was ever constructed. 14 Q OK. 15 A We were doing some sampling and monitoring of that 16 particular product before this plant even came on line. 17 Q OK. So, when this came on line in approximately 18 1975, I take it, this plant had been open for approximately 19 ten years? 20 A This is an OSHA law -- 21 Q Right. 22 A We would have to comply with. 23 Q I understand. What type ofsafety programswere 24 instituted or what was done to make sure that you didn't have 25 a vinyl chloride problem there in the plant? -34- R&S166062 1 A When the law was first established, or there was 2 extensive testing to see if we did in fact have anything above 3 the targeted action level. We did not, according to OSHA, if 4 you can establish the fact that you have nothing above that 5 level, that's enough. Unless there is a major modification 6 or reason to suspect that there might be. 7 Q Who performed those tests? 8 A Thevtests were taken, probably, by the Assistant 9 Personnel Manager and the samples were evaluated in a labora 10 tory in Dallas, for the Sherman plant. 11 Q OK. 12 A What we do, we monitor on an occasional basis, to 13 make sure that we are in fact still in compliance, well below 14 the targeted action level. 15 Q OK. How do you monitor that? How is that done? 16 A The monitoring is done withlaboratory type test 17 tubes, I guess. Some people call them charcoal tube-type 18 samples. They're taken -- they are placed in the areas where 19 the blended powders are distributed. The samples are sent to 20 Dallas for laboratory analysis to determine the level, if 21 any vinyl chloride would be present. 22 Q OK. Does the service come in from Dallas? Do you 23 contract that out and have the samples taken? 24 A No. The samples would betaken -- 25 Q By your own personnel. -3d- BAYONNE. N J. R&S166063 1 A By our own personnel. 2 Q Could you tell me who takes those samples? 3 A Usually the Assistant PersonnelManager. 4 Q Have you taken any? 5 A Personally? 6 Q Yes. 7 A Well, I chose to do it a little differently. We had an insurance company, Texas Employers, that has a very 8 9 nice facility in Dallas. When I take samples, I ask them to 10 come down with their equipment. I ask them to calculate it 11 and place it in place. Then we take the samples and ask them 12 to do an analysis for us. 13 Q You have been doing that since your position in 14 1973?" 15 A 16 Q 17 A 18 plant. Yes. More than -- how manytimes? One time for vinyl chloride in all parts of the 19 Q Do you have theresults of those tests? 20 A My testing? No. Not on mine. I do have some 21 results on tests taken between '76 and '80. 22 Q Between '76 and '80. OK. Would you provide me 23 with those? 24 A Let me -- I guess you are talking a little bit in 25 general terms. Are you interested in the time frame from -36- 1 1976 to the present or from 1976 to 1980, only? 2 Q I would be most interested in '76 to '80. 3 A OK. 4 Q So, if you can, confer with your attorney and see 5 if you want to provide me with those figures. 6 MR. CLARK: You described tests for various 7 kinds of things. 8 MR. PIERCE: 9 for vinyl chloride. 10 MR. CLARK: 11 MR. PIERCE: 12 to obtain? -T*" 13 THE WITNESS: 14 BY MR. PIERCE: I am only interested in the tesu Between 1976 and 1980? Would that be hard -- difficult They're available. 15 Q OK. Would you? 16 A Any objection? 17 MR. CLARK: Do you have any objection? 18 THE WITNESS: No. 19 MR. HENSON: What is he being asked to do 20 now? I'm confused. 21 MR. PIERCE: I'm asking him to provide -- 22 in other words, his company has taken samples and had 23 them analyzed in Dallas for the years 1976 to 1980 and 24 they specifically tested for vinyl chloride and I'm 25 asking him to produce the results of that test. R&S166065 -37- 1 MR. HENSON: To oe attached to the deposition' 2 MR. PIERCE: Yes That would be great. 3 MR. HENSON: OK. That's fine. 4 MR. PIERCE: OK. Thank you. 5 THE WITNESS: Let me see if I've got some of 6 them right here. I might add that sampling by OSHA 7 standards is not required because we are below the OSHA 8 targeted level. We do this as an added measure. 9 MR. PIERCE: I think I have seen the OSHA 10 reports and citations for violations of your company. 11 I think they have been relatively -- 12 MR. CLARK: I am going to object to your 13 testifying. 14 MR. PIERCE: OK. I was just going to 15 compliment -- 16 BY MR. PIERCE: 17 Q Do you have any documents you have brought as the 18 result of the subpoena that you have not shown me so far? 19 A To my knowledge, I have just about everything I 20 have rounded up. 21 Q What are you looking at now? 22 A This is not normally a part of the file. This is 23 the chemical anaylsis of the testing that we did from 1976 to 24 1980. I think I have got only two. 25 Q Also, you have those with you here today? 99099 -38- 1 A Right. I didn't know if you were going to need 2 those or not. 3 Q OK. You've handed me some documents which come 4 from Allied Analytical Research Laboratories and one is dated 5 or it was submitted 3-1-78. There is also one that was 6 submitted on 2-4-80. Do you know what the V.C.M. stands for? 7 A That's the vinyl chloride monomer. 8 Q OK. Parts per million. 9 A Parts per million. 10 Q OK. Then would -- if I look down here and saw 11 where it said .2 or 0.2, would that be over an eight hour 12 period? Is that how parts per million over an eight hour 13 period -- is that how that's done? 14 A The samples are placed, I guess it could be longer 15 than eight hours. It might be shorter than eight hours, but 16 it would be -- it would be determined by the number of stroke 17 and the time frame. If it's not exactly eight hours, it woul 18 -- it can be projected over the eight hour period by these 19 pumps. 20 Q Have you seen the types of devices that they use? 21 A Yes. 22 Q Can you describe that to me, generally. 23 A It's basically a pump with a recorder. It records 24 the number of strokes and it has a filter connected to the 25 pump. -39- 1 Q And it sucks the air through there? 2 A It pulls the air through there with a designated 3 flow. 4 MR. HENSON: Are you going to mark those? 5 MR. PIERCE: Yes. Let's mark those. 6 (Whereupon, Plaintiff's Exhibits Numbers 4 and 5 were marked for 7 identification purposes.) 8 THE WITNESS: If I might add, as you can see, 9 we are well under the OSHA targeted level. 10 BY MR. PIERCE: 11 Q OK. When it says the sample locations, it has 12 different locations indicated here that would be, I assume 13 where a person would be standing, I take it -- or how did you 14 choose the locations, is what I am trying to get at? 15 A Well, we have different places in the plant that 16 we would have our blended powders, different extruding areas 17 and this would be samples of various extruding areas. The Q z % o 18 part you are concerned with would be C.W.P. u. orov 19 Q And that stands for? 20 A Continuous Wiener Production. ui Z z Q 21 Q OK. And that -- where would that be placed in the B d o 22 room? 23 A It would be in the extruding area. I generally 24 place it on the hood above the dyes. 25 Q OK. And this Continuous Wiener Production Number PEN GAO R&S166068 -40- 1 Two, that is where Walter Raines worked; is that correct? 2 A I'm not sure. Again, the lines are side by side. 3 Q OK. 4 A This was just an area that was targeted for sample. 5 Q OK. Have you ever been cited by OSHA for violatior 6 for being above the standard of one part per million? 7 A No. On vinyl chloride? 8 Q Yes. 9 A No. No. 10 Q Do you have in your possession any invoices from 11 Dow Chemical Company for the sale of the product -- for Saran 12 864? 13 A Invoices that would indicate that we purchased that 14 from Dow? 15 Q Yes. Have you ever seen any of those? 16 A I have not seen them, but I have not looked for 17 them either. 18 Q OK. All right. 19 A I don't think there is a problem of establishing 20 the fact that we use Dow Saran in the plant, is there? 21 Q There might be a problem finding out where the 22 P.V.C. 411 came from. Do you personally know any representati 23 or sales personnel or anybody from Dow Chemical Company? 24 A No. I do not. 25 Q OK. Do you have any data that would establish that -41- 1 there were any warnings, other than we have seen today, 2 provided with the Dow Chemical or that you know Dow Chemical 3 provided to you? 4 A The product that you would be concerned with would 5 be the Saran 864, and, to my knowledge, I have given you 6 everything that I know in the form of labels or warnings. 7 Q OK. Do you have any picture films, documents, or 8 anything of that nature of any of the containers that would be 9 used of the product 864 during the time that Walter Raines 10 worked there? 11 A No. But you will have an opportunity to see the 12 containers. 13 Q OK. And I think we have established the fact that 14 you are the safety director out there; is that correct? 15 A I am the Assistant Personnel Manager and the 16 Safety Manager. I wear two hats. 17 Q OK. What exactly do you do as being safety 18 director -- do you have different safety programs that you 19 institute out there and put them through different endoctrina20 tions? 21 A Right. We would have the normal ongoing safety 22 program and that goes hand in hand with accident prevention, 23 that type of thing. We look for things such as guards out of 24 place, things like that. We try to comply to OSHA standards 25 as we know how to comply to OSHA standards. And we do, if -42- R&S166070 1 it's -- if we have anything that would require testing, such 2 as noise, or whatever, we do the required testing. 3 Q OK. And that testing is carried out at your 4 direction; is that correct? 5 A That's correct. It -- again, I talk as safety 6 person for the last two years. 7 Q Correct. 8 A It's hard for me to say what exactly occurred 9 between 1976 and 1980 because I have no knowledge of that. 10 Q Specifically, what do you have with the specific 11 reference to the vinyl chloride -- potential problem that you 12 may have out there? What kind of program have you designed 13 to inform your employees about that? 14 A We don't have any potential problems with vinyl 15 chloride as our testing indicates. 16 Q OK. 17 A We are not atour plant questioned that we have a 18 problem based on our sampling, based on the company's history 19 of vinyl chloride use. This is a blended product that we use. 20 Not straight vinyl chloride. 21 Q I understand that.What is the company's history 22 on the use of the product vinyl chloride as you know it? 23 A When did they first start extruding physically, or 24 packing material? 25 Q I don't know. You said basically you all have -43- R&S166071 1 understood you haven't basically had a problem with vinyl 2 chloride. Is that how you were informed about it? 3 A Well, we have never -- never to my knowledge, had 4 any major problems with vinyl chloride. If we would have had 5 major problems with vinyl chloride, certainly we would have 6 been heavily involved with precautionary steps. You have 7 to understand that plants generally are concerned with their 8 operations. We have operations here that may be unigue to oui 9 plant and Madison, Wisconsin, would have many more operations 10 than we because they are a much larger plant than we. 11 Q OK. So, Walter Raines -- well, of course, we can't 12 talk about Walter because you don't know exactly what he 13 received. 1. 14 A Pardon. 15 Q You don't know specifically what chemicals he woulc, 16 come in contact with there at your plant. 17 A I did not give Walter Raines' orientation, so, I 18 don't know. 19 Q Do you know who did give him orientation? 20 A No. I don't. 21 Q If he got oriented, what would this consist of? 22 A Basically, the rules and the policies of the plant. 23 General safety rules. General plant rules. 24 Q Specifically, with reference to the chemicals that 25 you would be exposed to, would that have anything to do with R&S166072 -44- 1 that? Would there be anything like: You are going to be 2 exposed to polyvinyl chloride or Saran 864 and it contains 3 a certain product? 4 A I have no knowledge if he had any counseling on 5 the various things he would be using or not. 6 Q Have you ever counseled people on that? 7 A Vinyl chloride? 8 Q Yes. 9 A No. 10 Q Was there any program instituted when you took you:: 11 position where someone would be instructed on the potential 12 hazards of vinyl chloride, if there were any? 13 A To my knowledge, no. 14 Q Do you warn any of your employees of any chemical 15 that you have out there that there could be a potential proble 16 You don't have a basic -- I'm trying to find out if you have 17 a specific -- this is the product we have and these are some 18 of the potential problems we might have? 19 A We, as required by law, we do from -- again, we're 20 talking 1976 to 1980. 21 Q OK. 22 A Or are we talking up to the present? 23 Q How about 1976 to 1980. 24 A OK. To my knowledge, I know of -- I know of none, 25 but I would not have been involved in the program at that poii -45- 1 Q Kow about from the time you have taken the positio 2 until now, to the present? 3 A Well, right now there is legislation in the proces 4 for arduous communication of all chemicals. 5 Q OK. 6 A Including white out for the secretaries. 7 Q Well, that stuff might be very dangerous. 8 A Could be, so we are going to get into that in a 9 big way. 10 Q Do you have any warnings posted around the area 11 where Walter Raines would have been working, cautioning for 12 the use of respirators or any equipment of that nature, or 13 were there any warning signs there at all? 14 A None because there was none required or indicated 15 that would be needed. 16 Q OK. 17 A We do have safety equipment in the plant as 18 required, but not -- not as a matter of in every room. Only 19 where it's needed. 20 Q I understand. Have you ever given your statement 21 in regard to any potential exposure that Walter Raines may 22 have to polyvinyl chloride or any vinyl chloride, or its 23 derivative? 24 A A. prior statement? 25 Q Yes. -46- B A Y O NK E , H J. R&S166074 1 A No. I have not. Well, let's see. During the 2 worker's compensation claim, I think the carrier came down 3 and collected some information, but I did not personally 4 give any testimony. 5 Q Do you know what -- Is your company, the Oscar 6 Mayer Company, a member of any type of associations or anythinc 7 of that nature? 8 A Such as? 9 Q Such as the Meat Packer's Assocation or is there 10 something -- 11 A Oh. We are members of the National Safety Council. 12 Q Any others? 13 A Probably the -- I would guess, Texas Association 14 of Business. 15 Q Any others? 16 A But again, I talk about now. I don't know what Ol 17 we were back in 1976, 1980. o A| z DC O 18 Q I understand. Do you know what kind of publication r* foQt 19 periodicals that your company receives that you are aware of a X 20 that your company would be a subscriber of? 21 A Pertaining to -- gosh, we get junk mail on a o u 22 regular basis. Q z 23 Q That you solicit. 24 A We probably -- 25 Q In the nature of Texas Monthly, but you would get R&S166075 3NN OJLVB -47- 1 it -- but it would be pertaining to business or to safety. 2 A We get -- 3 Q Or to health. 4 A We have -- we receive publications from organizat 5 developing meat processing equipment. We get the magazine 6 Occupational Hazards. 7 Q OK. 8 A I can't think of really anything else. 9 Q Does that magazine Occupational Hazards come to 10 your attention? 11 A Oh. Yes. It comes to my office. 12 Q And you maintain a file on that? 13 A No. Most of the time Occupational Hazards is 14 trying to sell you equipment -- 15 Q OK. 16 A Lighting. It's a free publication sponsored by 17 the vendors and it's more or less to let you know techniques 18 that are being developed. 19 Q OK. Do you all have a research and development 20 division there at your plant? 21 A No. 22 Q In Sherman. Do you have one at Madison? 23 A Yes. We do. 24 Q OK. Do you know who's in charge of that? 25 A No. I don't. -48- R&S166076 1 MR. PIERCE: I'll pass the witness. 2 3 4 BY MR. HENSON: CROSS EXAMINATION 5 Q Mr. Schulz, I understand that since you have been 6 an assistant personnel manager, you've had the full responsi 7 bility or the primary responsibility of your Sherman plant 8 for safety within the plant; is that correct? 9 A Yes, sir. 10 Q And whoever filled that job before you had the 11 same duty, would that be correct, or do they have it divided? 12 A To my knowledge, they did, because when I assumed 13 the job, that's the way I -- now, it may have been altered 14 over the years, but to my knowledge, I would think that they 15 still have the same type of responsibility for safety. 16 Q When you did some research in preparing for this 17 deposition, did you look at your company's record there in 18 Sherman regarding air samples or whatever might have been done 19 by safety directors before you during the time from 1976 to 20 1980? 21 A Yes. I did. 22 Q Are you confident from what you saw and what you 23 know otherwise that your company has either taken samples 24 itself and had them analyzed or had others come in and do so 25 since the time the plant was opened and I'm talking about for R&S166077 -49- 1 vinyl chloride content. 2 A Yes; X am. I am satisfied that samples were taken 3 and that they were under the -- well, under the OSHA targeted 4 action level. 5 Q Let's talk about OSHA now. That's the government 6 -- federal government agency called Occupational Safety and 7 Health Administration; is that correct? 8 A That's correct. 9 Q And that organization is charged with the duties 10 of overseeing safety in the workplace; is that correct? 11 A That's correct. 12 Q They have a book of regulations that's published 13 and I take it you, as a safety director, and perhaps your 14 predecessors as safety directors, would obtain copies of those 15 books as they might pertain to your particular plant. 16 A That's correct. 17 Q And I believe you'retestifying that your company 18 has followed the course of staying within or below OSHA 19 requirements regarding vinyl chloride content in the air 20 where the people work; is that correct? 21 A That's correct. 22 Q What was the company's reason forwanting to take 23 air samples, Mr. Schulz, to your knowledge, during those 24 years that we're talking about? 25 A We wanted to be absolutely certain that our process PE NG AD C O .. SAVON N E. N .i. r &SI 66078 -50- 1 was acceptable with the standards that OSHA specified. 2 Q When we talk about parts per million, are we not 3 talking about the amount of that particular substance that 4 might be in the air that a person would breathe if he is in 5 the area where your samples are taken? 6 A That's right. That would be airborne particles. 7 Q When you speak in terms of one part per million, 8 can you explain what you understand that to mean? 9 A A very, very small amount of either particle or 10 gas that would be the amount that OSHA would feel or the 11 government agency, OSHA, would feel contents that people 12 would be exposed to and not be harmed by that. 13 Q So, according to the OSHA regulations, between 14 1976 and 1980, one part per million in the workplace, of 15 vinyl chloride, would be safe; correct? 16 A According to OSHA, if you have not had more than 17 one part per million over a time average of an eight hour day 18 that would be a safe workplace. 19 Q OK. Then, you speak in terms of a targeted figure 20 which you said was .5 parts per million, which I think would 21 be one half of this figure of one part per million; is that 22 correct? 23 A That's correct. 24 Q And the concept of a target figure means that if 25 you are at that level or below, you don't have to take any -51- 1 precautions; is that correct? 2 A That's correct. 3 Q If you are at .5, up to one part per million, ther^ 4 would be some guidelines to be followed; is that correct? 5 A That's correct. 6 Q And do you know what those guidelines are, in 7 general terms? 8 A It would be a regular sampling program of the 9 air actually, as well as probably training and training so 10 far as the chemical and the use of equipment, possible use 11 of equipment. If we would have a level above the targeted 12 level, but below the one part per million, we would be requir 13 by OSHA to monitor on a regular basis. It is kind of a yello^j? 14 zone or a zone of caution. We know that it's there, but it's 15 well below the one part per million, but it is still enough 16 to be concerned and sampling would be required. 17 Q From the standpoint of your company's experience 18 here in the Sherman plant, has your company ever had more 19 than .5 parts per million of vinyl chloride airborne in the 20 workplace? 21 A No. 22 Q You've exhibited two sampling reports for us and 23 one of those indicates point zero parts per million in the 24 C.W.P. area which, I believe,you said is the Continuous 25 Wienie Production area? fgio oCo0OaO3) -52- / 1 A Right. That's correct. 2 Q All right. And then the other one shows '0.2 parts \ 3 per million; is that correct? 4 A That's correct. . 5 Q I take it from what you've said that there were 6 other samples taken through the years, but you just do not 7 have the reports in your file; is that correct? 8 A Up to the present? Or from the years 1976 through 9 1980? 10 A There were samples taken. We -- of the samples 11 taken in those years, that's probably -- I would probably 12 say that is just about all of the samples in the Continuous 13 VJiener Processing area. 14 Q All right. Now, is the Continuous Wiener Process! 15 area the place where the extruder is located? 16 A Yes. 17 Q To your knowledge, Mr. Schulz, has the air volume 18 or the environment around the extruder ever exceeded 0.5 part 19 per million of vinyl chloride? 20 A To my knowledge, it has never exceeded that. 21 Q Do you know approximately when your company began 22 using Saran 865 resin? 23 A No, sir. I don't. 24 Q The exhibit that has been offered here, which has 25 been marked by the reporter as Plaintiff's Exhibit Number 3, BAYO NNE, N .J. R&S166081 -53- 1 pertains to Saran Resins 864. Do you know when your company 2 ceased using 864 resin? 3 A No, sir. I don't. 4 Q Do you know which resin was used here in Sherman 5 between 1976 and 1980? 6 A 864. At least for part of that time. Now, I'm 7 not -- I'm not absolutely certain it was used completely all 8 of the time, but I know that it was in use in part of those 9 years. 10 Q Exhibit Number 2, which is a Material Safety Data 11 Sheet that you provided to us for this deposition, is dated 12 October the 23rd, 1981; is that correct? 13 A That is correct. 14 Q Do you know if you obtained Material Safety Data 15 Sheets from Dow Chemical regarding Saran 864 Resin before 16 October 23, 1981? By you, I mean your company there in Sherme,n. 17 A I don't know. Material Safety Data Sheets would 18 be updated. If we would receive a new one, we would discard the 19 old one and replace it with the new one. 20 Q That's my next question. Your procedure would be 21 you would keep the one that's current? 22 A That's correct. 23 Q And when a new one would cone in, with a new date, 24 a more current date, you would discard the previous Material j 25 Safeta Data Sheet; is that correct? -------------------------------------------------------------------------------------------------------------------------------------------------------i -54- R&St 66082 1 A Yes. 2 Q Would it be a fair statement then, Mr. Schulz, to 3 say that your company here in Sherman has obtained and kept 4 Material Safety Data Sheets from Dow Chemical or that have bein 5 provided by Dow Chemical that would be current for the time 6 period that these products, such as Saran 864, would be in us? 7 A We try to keep the Material Safety Data Sheets as 8 current as possible. If there would be some minor changes, g generally, we would receive some new data sheets. 10 Q What I'm really asking and perhaps I didn't make m^ 11 question clear enough: Before October, 1981, and going back to 12 1976, to your knowledge, did your company follow sampling 13 procedures as you have outlined today? 14 A Yes. Yes. I say that because when I came into 15 this position, we had a logging of Material Safety Data Sheet. 16 Q Was your procedure the same for instruments that 17 would be similar to Plaintiff's Exhibit Number 3, which is th 18 Information -- Product Information Sheet? 19 A Some of those items that would come in with Material 20 Safety Data Sheets are kept and some of them are discarded. 21 Primarily, we are concerned with Material Safety Data Sheets. 22 Q Plaintiff's Exhibit 3 does not contain a date that 23 I have noticed, except it says copyright 1979, Dow Chemical 24 Company. 25 A I don't know what date that would have on it. -55- R&S166083 1 Again, that would be general information. 2 Q You have no records, I take it, of any purchase 3 by your company from Dow Chemical Company of polyvinyl chloride; 4 is that correct? 5 A To my knowledge, our plant has not purchased any 6 polyvinyl chloride from Dow Chemical. We have purchased the 7 Saran 864 and 865, as well as other Sarans for other extruder^ 8 from Dow Chemical. 9 Q There is a difference in the product polyvinyl 10 chloride and the product Saran 864 or Saran 865; is that 11 correct? 12 A That's correct. 13 Q And you -- in your company, your plant mixes the 14 two products, as well as these pellets you described, in 15 making the ultimate sheet which is used to wrap around the 16 meat? 17 A That's correct. 18 Q And you have no idea of where the P.V.C. or 19 polyvinyl chloride resin comes from,or who purchases it 20 rather; is that correct? 21 A The powders are received from the corporate 22 headquarters, Madison, and we have a plastics operation there 23 that will blend powders to our needs. Now, they are raw 24 supplies -- come from various vendors and I am not sure who 25 supplies them with their needs, but when we get it, it is a -56- R&S166084 1 blended product, probably a product that has been processed 2 in the blending operation and then sent to us. 3 Q Mr. Schulz, to your knowledge, has your company, 4 Sherman plant, used products from other manufacturers that 5 would be used in place of the Saran 864 or 865, in the 6 extruding area there where you're making the sheet that wraps 7 around the meat? 8 A I don't know. I would say we have used generally 9 Dow Chemical Saran, but there may have been instances where 10 we have tried other brands or used other brands. I can't 11 say that Dow Chemical is the only one. 12 Q Regardless of whose Saran you used or similar 13 products, your testimony is that the airborne content of 14 vinyl chloride has never reached or exceeded 0.5 parts per 15 million; is that correct?. 16 A Yes. 17 Q As Plaintiff's Exhibit 1 that we've been talking 18 about, is a label taken off of a drum; is that correct? 19 A That's correct. 20 Q There are many of these labels that come in from 21 time to time on the various drums or packages of Saran 865; 22 is that correct? That's not the only one you've ever had? 23 A Oh, no. i-To. 24 Q That's just a sample. 25 A Just a sample. -57- BAYO NNE, N .J, R&S166085 1 Q Regardless of whether there is any precautionary 2 language regarding the inhalation of vinyl chloride on the 3 Material Safety Data Sheet identified as Plaintiff's Exhibit 4 2, your company was aware during 1976 to 1980 that there was 5 a danger if the airborne content of polyvinyl chloride in the 6 workplace exceeded a certain level that could be a danger? 7 A According to the explanation and the sampling, I 8 would have to say yes. 9 Q But, your point is, the levels never reached the 10 level that would exceed a safe workplace; is that correct? 11 A That's correct. 12 Q But, whether it's in the Material Safety Data 13 Sheet or not, you were aware, and your company was aware at 14 some point, there would be a danger if the airborne content 15 got too heavy? 16 A Yes. That's correct. 17 Q All right. The same would be true with many 18 chemicals or many substances, would that be a fair statement? 19 A Too much of anything is not necessarily healthy. 20 Q All right. By the same token, something can have 21 some dangerous characteristics, but, if kept at a safe level, 22 would not be dangerous. Is that a fair statement? 23 A That's a fair statement. 24 Q You would agree with that? 25 A I would agree with that. -58- R&S166086 1 Q In your mind, is Saran 864 a safe product if the 2 airborne content is kept at a proper level? 3 A In my mind, it is. 4 Q You work around it all the time, do you not? 5 A Personally or as a -- 6 Q Well, let's talk about the time when you worked on 7 the production area, you worked around it for what -- how man'/ 8 years? 9 A I worked in manv areas of the plant. I did work 10 in the C.W.P. area fortwo years and I wasaround itconstant] v. 11 Q Looking back on it, are you satisfied itwas safe 12 to work around the Saran 864? 13 A Yes. I am. 14 Q As safety director of your company's Sherman plant 15 are you still satisfied that the use of Saran 864 or Saran 16 865 is safe, if used at the proper levels? 17 A Yes. I am. 18 Q Are you satisfied that your company, during the 19 period 1976 to 1980,was using that product at safe levels? 20 A Yes, I am, because Saran has a unique characteristi 21 If you don't use it at the prescribed operating levels, it's 22 not very productive. You have a lot of problems with it, so 23 we would have to keep it within the manufacturer's specificati ons 24 in lieu of the testing that was done, in lieu of the product 25 itself. I would feel comfortable with the product. -59- BAYONNE, R&S166087 1 Q And you're still using it today? 2 A Yes. Well, we are using the 865 today, yes. 3 Q And that's made by Dow Chemical? 4 A That's correct. 5 Q With regard to Walter Raines, do you know what 6 shift he usually worked on, most frequently worked on? 7 A I would think Walter worked several years of day 8 shift. He came in at an early time when it was possible for 9 people to develop enough seniority to obtain a day shift job. 10 That wouldn't be the same today, but Walter was there at an 11 opportune time to achieve day shift, so, he would have been 12 able to advance with his career with Oscar Mayer on the day 13 shift. 14 Q Now, what would he, as a mechanic, do on the day 15 shift that would be different from the third shift, which you 16 were describing for Mr. Pierce? 17 A The first shift man and the second shift man would 18 be more or less a trouble shooter. If the machines ran 19 according to plan, they would have very little to do. They 20 may walk around -- well, wait, they would make any immediate 21 repairs necessary. They would make slight adjustments. But, 22 more or less, if things were running properly, they would 23 just listen for strange noises, potential problems and this 24 would not be in the extrusion equipment. That would be on 25 the whole front end of the line. Their time would be very R <2 o0o>> CD OD -60- 1 divided between the machines; not necessarily the extruder. 2 It was my experience as a C.W.P. supervisor to have mechanical, 3 personnel not at the extruders, but at the packaging line 4 itself as much as possible to examine the end product for 5 any possible defects. 6 Q In your opinion, would that be the area where 7 Walter Raines most frequently would have worked then? 8 A If he was the extruder type workman, that would be 9 the area that he would work in. He would be responsible for 10 film or the packaging material all the way through and also 11 the equipment that would use the film. 12 Q But, you said it was customary to have mechanics 13 at the far end of the production line rather than up at the 14 extruder itself. 15 A I had a lot of .trouble in the C.W.P., not so much 16 with the film, but some of the package machinery and I tried 17 to have the mechanic out there where he could supervise the 18 machinery if there was a problem with the film. The employees 19 are quickly trained to let the mechanic know if there is a BA TO N N E. N J 20 problem with the packaging material. 21 Q Are there any fumes emitted, to your knowledge 22 by the Saran or the film after it leaves the extruder? Now, 23 you said there would be some fumes in the area of the extrudec. 24 A No. No. The fumes would be at the extruder level 25 only. Immediately after the film is extruded, it enters a 1 chill tank of 40 degrees, where it is solidified like that 2 and it goes on the line for packaging. At that point it is 3 just a regular packaging material. 4 Q When we're talking about the Saran, we're talking 5 about something similar to Saran wrap that a housewife would 6 buy at the grocery store? 7 A That's correct. 8 Q Are you telling me then there are no fumes emitted. 9 vapors emitted from the Saran or this wrap after it leaves the 10 extruder and goes into the cooling process? 11 A That's correct. After it leaves the extruder and 12 the chill tank would be a finished product like a sheet of 13 plastic would be, or any plastic material. 14 Q Now, in the area of the extruder itself, you said 15 there would be some vapor -emitted? 16 A I think. I would think that any time you would 17 heat anything, whether it is soup on a stove or anything, 18 you are going to emit some type of vapor. 19 Q What type of exhaust do you have -- removal system 20 do you have to take fumes or the vapor -- I'm saying fumes 21 and that is probably incorrect -- the vapor away from the 22 area where it is being produced? 23 A We have hoods, vented hoods that come down over 24 the dyes where the melted material leaves the machine and 25 enters the water and the fumes will be taken away for the -62- R&S166090 1 most part by this vacuum system that pulls it on up. We also 2 have these machines located in large open areas and we have 3 the areas regulated to maintain temperatures of between 4C and 4 50 degrees and there is considerable air mass movement in 5 those areas so the rooms would be well vented, ventilated. 6 There is no one little room that is located off as an extruder 7 room. It is open to other areas. 8 Q What is the exact date when the Sherman plant went 9 into operation? 10 A I can't tell you. I think the first employee was 11 hired in about 1975. The first operation would have been the 12 -- probably the C.W.P. 13 Q You testified earlier that at some point you used, 14 leased the services of Texas Employer's Insurance Association 15 to either take the air samples or come down and pick them up 16 after they had been taken and take them back to Dallas for 17 testing; is that correct? 18 A That's correct. 19 Q Texas Employer's Insurance Association was your 20 worker's compensation carrier at that time? 21 A Recently. Now, we're not talking about 1976 and 22 1980, we're talking -- 23 Q More recent years. 24 A More recent, as my experience as safety director. 25 Q Between 1976 and 1980, what procedure was followed 3) p cOon) to -63- 1 for taking air samples and having them tested? Who did it 2 and where was it done? 3 A The -- I can't say for sure who did it, I would 4 assume the Assistant Personnel Onager and safety manager 5 would go out with equipment and take samples, then send it 6 into the lab for an analysis. 7 Q Eetween the years of 1976 and 1980, did OSHA 8 representatives visit your plant at any time? 9 A We've had OSRA inspections, but I don't know, 10 exactly, the dates. 11 Q Has your company ever been cited by OSHA for 12 exceeding the safe limits of the vinyl chloride in the 13 air? 14 A To my knowledge, no. 15 Q You made a comment earlier about your company not 16 having any problems with vinyl chloride; is that a correct 17 statement? 18 A Yes. 19 Q And you made a distinction between Saran 864 or 20 865 and purer, more straight vinyl chloride. 21 A That's correct. 22 Q All right. What is the difference? Perhaps 23 you're not testifying as a chemist, but what is your knowledge 24 between straight vinyl chloride and the form you would find 25 it in, such as 864 or 865 Saran? -64- PENG AD CO .. SAVO N K , N J . R&S166092 1 A The main concern, as I understand it, with vinyl 2 chloride, stems from the manufacturers of vinyl chloride, but 3 Q What I'm asking is: Is Saran 864 or 865 diluted, 4 or blended down? 5 A Oh. Yes it is. All our powders are blended. The 6 contain some polyvinyl chloride, but they certainly are not 7 straight by any means. They are a blended, watered down 8 version, if you will, of vinyl chloride. However, since they 9 do contain the product vinyl chloride, we have to consider 10 them as potentially hazardous and we have to monitor them. 11 Q Now, you used the phrase polyvinyl chloride a 12 moment ago. You are not saying that Saran 864 is polyvinyl 13 chloride? 14 A No. I'm not. 15 Q You meant to say vinyl chloride; I take it? 16 A Whatever is on the Material Safety Data Sheet. It 17 does contain some vinyl chloride for the shipping, but it is 18 not a pure vinyl chloride product. 19 Q And you said earlier that your employees are not 20 counselled on the potential hazards of vinyl chloride. Why 21 is that? Why do you as a safety director or why do your 22 predecessors not counsel your employees about the hazards of 23 vinyl chloride? 24 A Vinyl chloride is not seen to be as a hazard at 25 our plant. We would certainly counsel employees if they were -65- R&S166093 1 exposed to any hazardous chemical, but in our opinion, based 2 upon our evaluations, it's not a reason enough concern. It 3 is not a chemical that would require special training 4 sessions based upon the current laws. Now, the laws, as I said, 5 are going to change and this would mean training programs 6 that would come into effect as a result of the new hazardous 7 communications rule, but at this time, we are doing what is 8 required. Now, the Material Safety Data Sheets are available 9 for anyone, if they have a concern. 10 Q Even if the law did not require it, Mr. Schulz, 11 if you thought there was some hazard to your employees out 12 there in the workplace, at Oscar Mayer in Sherman, you would 13 caution them about it; would you not? 14 A Yes. We would. 15 Q You wouldn't wait for the federal government to 16 pass law; would you? 17 A Our safety programs are in effect that way we 18 have people who expose themselves to danger by improper liftiig, 19 by trying to lift too much. We go out and we recognize these 20 hazards too, even though there is not a law that requires us 21 to step in, we would counsel these people on these potential 22 hazards, because we feel that potential harm may result if 23 that practice or action is not modified. 24 Q Your company's Madison, Wisconsin, plant is much 25 larger than the one here in Sherman? -66- R&S166094 1 A Yes, sir. 2 Q And I believe you said earlier that your company 3 -- by that I mean mean Oscar Mayer does have hygienists and 4 people on staff or at least who consult with them to make 5 certain all of their plants throughout the country are 6 operated in a safe manner? 7 A That's correct. The machines are developed in 8 Wisconsin and sent to our plant and set up according to the 9 specifications of the research and development program. 10 Q Now, the company in Madison, Wisconsin, has materia 1 11 available to you, as well as resource people, to keep you up 12 to date on safety matters within the entire company; is that 13 correct? 14 A That's correct. 15 Q And you would receive communications from your 16 Madison, Wisconsin, office if there were any dangers about 17 the use of vinyl chloride, or the use of Saran 864 or 865 in 18 this plant here in Sherman? 19 A I would certainly feel that they would inform us 20 of any potential dangers. 21 Q So, you're not limited to what resources you may 22 presently have here in Sherman -- 23 A That's correct. 24 Q In making that decision. What I'm getting at -- 25 A That's true. gZoD 2? ao>> coo tn -67- 1 Q You would also have the opportunity, if you felt 2 it necessary, to contact a company such as Dow Chemical, who 3 might also have industrial hygienists and others specialized 4 in the field of these particular products you're using, 5 could you not? 1 6 A They are readily available. I think the number is 7 available on the safety data sheet. 8 Q All right. I was going to ask you about that. 9 On Plaintiff's Exhibit 2, which is the Material Safety Data 10 Sheet, is given an emergency phone number; is there not? 11 A That's correct. 12 Q And then on Plaintiff's Exhibit Number 3, on the 13 second page, is there not some information given that Dow 14 Chemical has Industrial Hygienists available for consultations 15 on a broad range of subjects? 16 A That's true. 17 Q Particularly those involving the safe use of Dow 18 safety products and they were available to visit plants on a 19 contractual basis for monitoring and consulting activities? 20 A That's right. 21 Q I take it, Mr. Schulz, that even in view of this 22 lawsuit that has been filed by Mr. Raines, you have no 23 complaints as the safety director for the Sherman plant about 24 any safety factors associated with the Dow products that were 25 in use between 1976 and today, such as Saran 864 or 865? JO fio oo0>1 <oo -68- 1 A Based on the information, I have no complaints. 2 MR. HENSON: OK. Pass the witness. 3 4 RE-DIRECT EXAMINATION 5 BY MR. PIERCE: 6 Q OK. On the information you have, are you referring 7 to the two documents. Plaintiff's Exhibit Number 5 and Number 8 4? Is that what you're basing your opinion on? 9 MR, CLARK: Wait a minute. He has testified 10 as previous safety director, he has the documents, he 11 has the past history, he didn't just talk about that. 12 That's not the only information he's had. 13 BY MR. PIERCE: 14 Q Well, what information are you basing your opinion 15 on, is all I want to know? . 16 A I'm basing my information on the sampling that 17 we've done at this plant, as well as the sampling that is 18 done at the corporate office, as well as the sampling that 19 is done at the other plants. 20 Q Is there sampling done at the corporate office in 21 Madison, Wisconsin? 22 A Yes. 23 Q And are you made aware of those samplings? 24 A No. Because it's different types of operations. 25 Q OK. If the plant here in Sherman has been in R&S166097 -69- 1 existence for ten years, it was started in 1975, how many 2 tests for vinyl chloride have been performed to the present 3 date? 4 A I would have to go back and look at the records. 5 Again, I thought we were talking between '76 and 1980. 6 Q Well, there is one here from 1978 and then one 7 again in 1980, so I take it there were none between 1976 and 8 1978, because you would have pulled that and brought that to it e? 9 A I think I would have looked on the -- at the C.W.P. 10 operations because the other areas, the extruders -- 11 Q In the C.W.P. 12 A OK. Gee, to my knowledge -- 13 Q These were the only two? 14 A Right. 15 Q And to your knowledge how many have been performed 16 after 1980, after this one performed 2-4-80? 17 A I know I did one myself in 1983. There may have 18 been one between these samples. 19 Q OK. 20 A And again, these are precautionary type measures. 21 Q Could you say with reasonable accuracy that 22 during the ten years that Oscar Mayer in Sherman has been 23 in existence, it has been tested for vinyl, the vinyl chloride 24 level has been tested atleast three times? 25 A In the C.W.P. area? JO p 2 00O55 CCDO -70- 1 Q In the C.W.P. area. 2 A At least three times and possibly more. 3 Q Possibly four times? 4 A Potential. Yeah. I can't -- I'm guessing, if 5 that's what you want me to do- I can do that, but I'm guessin 6 If I tell you -- 7 Q OK. What experience do you have or training do 8 you have in the way of a chemical background? Do you have 9 any training in chemistry? 10 A No. Limited. Little to none. 11 Q Do you have any training, specialized, in the line 12 of hazardous materials, at all? 13 A I've been to the OSHA Training Institute, National 14 OSHA Training Institute. 15 Q What do they do there? 16 A They more or less covered broad topics, but if you 17 are talking about specialized training, where I could talk 18 about, no, we have experts available in the company for that. 19 Q OK. So, it would be safe to assume that you are 20 not an expert in the use of different chemical compounds? 21 A Personally? Me? 22 Q Yes. 23 A No. No. I'm not an expert at all. I never claim 24 to be. But, I think when I did the analysis, the last time 25 I had some experts come in, it was from the Texas Employer's -71- ?ENG AO C O .. BAYONNE, N .i. R&S166099 1 Insurance 2 Q Do you know their name? 3 A Charles Reed (phonetic). 4 Q And he works for -- 5 A Texas Employer's Insurance. 6 Q Right now? 7 A He is the assistant -- I'm not sure what position 8 he's in, but he is a supervisor of some sort, in the laborator 9 in Dallas. 10 Q OK. Do you know another expert from Texas Employer 's 11 that came down? You said there was a couple, I didn't know 12 if there was two. 13 A Well, I had the local people, but he wasn't the 14 expert* He was -- 15 Q Who were the local people? 16 A The local people were from the local office here 17 in Sherman and again, we're talking about 1983 forward, not 18 between 1976 and 1980. 19 Q Could you tell me what a smoke hog is? 20 A Well, I don't know what you're referring to exactly 21 If we had something that we referred to as a smog hog, maybe 22 that's what you're talking about. 23 Q Oh, I'm sorry. A smog hog. 24 A It's a filtering device made on top of our smoking 25 units to filter out the plant of the particles in the smoke -72- R&S166100 1 before it goes to the atmosphere. 2 Q If a person was a mechanic, such as Walter Raines, 3 would he have the opportunity or job duty to do any work on 4 this smog hog? 5 A Oh. I suppose he would have an opportunity from 6 time to time to go up there and do the work if he -7 Q And what type of work would that entail? Would 8 that be -- 9 A Possibly changing the filter, what not. 10 Q How often would the filters have to be changed? 11 A I'm not sure. It would run a long time -- large 12 rolls that would be changed. 13 Q Have you ever been around when the changing of the 14 filters was done? 15 A I've -- from start to finish, no. 16 Q Have you seen them start it? 17 A I've seen them work in the area. 18 Q Is that a fairly dusty area when they're changing 19 these filters? 20 A No. 21 Q Did it have any smell to it, whatsoever? 22 A It would have the odor of smoke. The unit itself 23 is above the building. 24 Q Right. It's on top of the building. 25 A It's on top of the roof. -73- 1 Q It would be emitting some vapor back and you would 2 be able to smell it; is that correct? 3 A I would say so. It is a wash too. It is a chain 4 wash type solution. I don't know exactly what would be -5 it would be a combination of odors. 6 Q When you are in the wienie tunnel, could you 7 basically describe to me what that smells like in there? 8 A We have three sections. Which are you referring tc 7 9 Q What is the first section? 10 A The first section would be the stuffing operation 11 where the meat is placed into the casing. That would be a 12 refrigerated area. 13 Q Is there -14 A The second area would be the processing areas. The 15 heat zone, as well as the'smoke zone. That would be an 16 area that would require no one to stay in there all the time. 17 It would just be an area -- the kitchen so to speak. And then 18 the third area would be the packaging area where the product 19 comes out of the heating, comes into the chill zone and out 20 for packaging. 21 Q Is the smell different in the three areas? 22 A Yes, it would be because the middle area, the 23 back smell would be raw meats, spices. The center area would 24 be the cooking process. You would smell some smoke and the 25 final product would be -- you would have a meat-type aroma, 3J 8 2 O0>) Ono -74- 1 smoked meat. 2 Q OK. Is there any part in the plant where you would 3 have the smell of plastic or any type of plastic smell? 4 A I wouldn't think so, not in the area. 5 Q Not in the area where Walter Raines worked? 6 A Right. 7 Q Is there any area where you might smell that? 8 A I don't -- I don't think that we would have any 9 areas where you would have melting plastic. 10 Q Let me show you what has been marked as Plaintiff's 11 Exhibit Number 1. You mentioned it had a number on there to 12 call. Now, I think we're talking about -- 13 A Let me say that the packaging area would have many 14 machines. You would have some steam assisted machinery. You 15 would have some air assisted machinery. There would be a 16 combination of odors. I don't know that you could go in there 17 and notice one particular odor. 18 Q I understand. Thank you. You mentioned earlier 19 there was a number you can call Dow Chemical and get any 20 information you might need to have. Have you ever done that 21 in the past? 22 A Dow Chemical? No. 23 Q If you ever received a warning placed on the Saran 24 864 or 865 that would bring it to your attention that there 25 might be some potential danger, would you then call and ask -75- BAYO NNE, N .J. R&S166103 1 for answers? 2 A If there was some -- I didn't understand. I would 3 call -- 4Q But you looked at the problem, but there has 5 never been anything to arouse your suspicion enough to make 6 that call; is that a correct statement? 7 A That's true. I have never been concerned with the 8 Saran 864. 9 MR. PIERCE: I pass the witness. 10 MR. HENSON: No further questions. 11 MR. CLARK: May I ask a question. 12 13 EXAMINATION BY MR, RONALD CLARK 14 Q You were asked earlier and you said something about 15 -- in regard to safety, you do what is required. Is that the 16 minimum you do? 17 A No. I think we do much more than that. 18 Q Just for the jury's satisfaction, so there is no 19 confusion, could you explain what you mean when you say you 20 do much more than that? 21 A We have a safety program that we feel is fairly 22 good at protecting our employees from the things that we can 23 see, but because we're not experts in chemicals or other 24 things, we rely heavily on the extensive research that OSHA 25 would provide in establishing these limits and we use those R&S166104 -76- 1 limits as guidelines. 2 Q In fact, the limits you have been tested at-.is not 3 required to do any of these monitoring tests; right? 4 A That's correct. We do it because we feel it is 5 just a precautionary measure that we want to know that every 6 thing is fine. We are not required to do it. 7 Q The hoods over every single one of these machines, 8 are they required in every instance by some regulation? 9 A Probably not. 10 MR. CLARK: Pass the witness. 11 12 RE-DIRECT EXAMINATION 13 BY MR. PIERCE: 14 Q The safety program you're talking about, does that 15 have -- I think we talked about that does not have any inductil'on 16 to chemical areas in it or things of that nature. It is main]]y 17 a lifting job, safety as opposed to sticking your hands in it; 18 There is nothing about chemicals in your safety program so 19 to speak? 20 A There is nothing in our program right, that would 21 be the chemical levels that we require testing are, I guess 22 the carcinogens that would be suspect would be something that 23 we would test for our own benefit, for our own self-satisfact.ion. 24 But that would not necessarily be incorporated in the safety 25 program. R&S166105 -77- 1 Q They would not necessarily be, but are they? 2 A Do we sit people down and tell them you are going 3 to be exposed to this chemical and that chemical and you are 4 -- we are not under any obligation because of -- we haven't 5 done this in the past because I guess we felt there was no 6 reason to. The chemicals exist. You have plastics everywhere. 7 You're exposed to plastics everywhere. When you buy a new car, 8 you have the odor that could be considered sickening; it is 9 to my wife when we buy a new car. But, these levels are not 10 toxic and not dangerous to the person, based on the research 11 we have available so we have not expanded the safety program 12 to include everything that might be out there. We will, if 13 it has any -- if there is any doubt in our mind that the 14 chemical may be dangerous. 15 MR. PIERCE: I'll pass the witness. 16 MR. HENSON: Nothing further. A 17 O MR. CLARK: It's my understanding that I'll Xft o 18 make a copy of this entire personnel file and bill each w A* o 19 of you then for the cost. or~ O 20 X MR. PIERCE: That's correct. Yeah. bl z Xo 21 MR. HENSON: Correct. a o 22 u o < J z 23Ul MR. CLARK: MR. HENSON: I have each of your cards on tha t. You are going to attach a copy of the original to the deposition, so you want three copies, one to the court reporter and one to each of yoi. 33 sa aO>) O05 -78- 1 I think that would be the proper way to attach one to the 2 original and I would like to buy a copy in addition to that. 3 MR. PIERCE: And I would like to buy a copy, 4 too. 5 6 WALTER MV SCHULZ 7 8 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned 9 notary public, on this the _________ day of A.D. , 1985 . 10 11 Notary Public, State of Texas 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -79- 33 2? aOl o 1 THE STATE OF TEXAS 1 2 COUNTY OF GRAYSON X 3 4 I, DEBRA H. SMITH, Official Court Reporter, in and for 5 Grayson County, Texas, do hereby certify that the facts stated 6 by me in the caption hereof are true, and that the said witnes 7 did make the above and foregoing answers in response to 8 questions propounded as shown, and that I did, in shorthand, 9 report said proceedings, and that the above and foregoing 10 typewritten pages contain a full, true and correct transcripti|on 11 of my shorthand notes taken on said occasion. 12 Witness my hand this the 17th day of July, 1985. 13 14 Debra H. Smith 15 16 Certification Number of Reporter: 2723 17 Date of Expiration of Current Certification: 18 12-31-87 Business Address: 19 Grayson County Justice Center 200 South Crockett 20 Sherman, TX 75090 21 Telephone Number: 22 214-868-9515, ext. 339 23 24 25 3) 22 O) o oo -80- 1 plaintiff's exhibit 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -81- BAYOM NE, N .J. R&S166109 DOW I RESIN Z PLAINTIFF'S 1 EXHIBIT 275 LBS 7 124.7 KGS LOT MM 50423100 For additional information, consult the Dow Material Safety Data Sheet for this product CONTENTS DISPOSAL When disposing of unused contents, comply with applicable state and local procedures. Consult The Dow Chemical Company for further information. CONTAINER DISPOSAL DO NOT REUSE CONTAINER. Dispose of empty container and liner by incineration If allowed, or In an approved landfill, or by other procedures approved by state and local authorities. THE DOW CHEMICAL COMPANY Midland, Michigan 48640 U.S.A. * Trademark of THE DOW CHEMICAL COMPANY R&S166110 1 PLAINTIFF'S EXHIBIT 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -82- R&S166111 MATERIAL SAFETY DATA SHEET PAGE: 1 DOW CHEMICAL U.S.A. MIDLAND MICHIGAN 48640 EMERGENCY PHONE: 517-636-4400 EFFECTIVE DATE: 23 OCT 81 PRODUCT CODE: 74158 PRODUCT NAME: SARAN (R) 864 RESIN MSD: 0746 INGREDIENTS (TYPICAL VALUES-NOT SPECIFICATIONS) :% : VINYLID ENE CHLORIDE/VINYL CHLORIDE COPOLYMER ADDITIVES (PLASTICIZER/STABILIZER) : 1(90 : : 10 : SECTION 1 PHYSICAL DATA BOILING POINT: N/A VAP PRESS: N/A VAP DENSITY (AIR=1): N/A SOL. IN WATER: 0 SP. GRAVITY: 1.65 % VOLATILE BY VOL: 0.1% MAX (WT.) WATER APPEARANCE AND ODOR: WHITE GRANULAR SOLID SECTION 2 FIRE AND EXPLOSION HAZARD DATA FLASH POINT: N/A METHOD USED: -------- : FLAMMABLE LIMITS : LFL: N/A UFL: N/A EXTINGUISHING MEDIA: WATER FOG, CARBON DIOXIDE. SPECIAL FIRE FIGHTING EQUIPMENT AND HAZARDS: POSITIVE PRESSURE BREATHING APPARATUS TO PROTECT AGAINST HYDROGEN CHLORIDE IF RESIN IS EXPOSED TO FIRE CONDITIONS. SECTION 3 REACTIVITY DATA STABILITY: SARAN RESIN WILL DECOMPOSE UNDER FIRE CONDITIONS GIVING OFF HYDROGEN CHLORIDE GAS. INCOMPATIBILITY: CONTACT WITH IRON, ZINC, COPPER AND STRONG BASES SHOULD BE AVOIDED. HAZARDOUS DECOMPOSITION PRODUCTS: HYDROGEN CHLORIDE WHEN RESIN IS EXPOSED TO HIGH TEMPERATURE AS IN FIRE CONDITIONS. HAZARDOUS POLYMERIZATION: WILL NOT OCCUR. (CONTINUED ON PAGE 2 ) (R) INDICATES A TRADEMARK OF THE DOW CHEMICAL COMPANY R&S166112 MATERIAL SAFETY DATA SHEET PAGE: 2 DOW CHEMICAL U.S.A. MIDLAND MICHIGAN 48640 EMERGENCY PHONE: 517-636-4400 EFFECTIVE DATE: 23 OCT 81 PRODUCT (CONT'D): SARAN (R) 864 RESIN PRODUCT CODE: 74158 MSD: 0746 SECTION 4 SPILL, LEAK, AND DISPOSAL PROCEDURES ACTION TO TAKE FOR SPILLS: SWEEP UP, AND DISPOSE IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS. DISPOSAL METHOD: BURN IN AN INCINERATOR EQUIPPED TO HANDLE HYDROGEN CHLORIDE FUMES OR BURY IN AN APPROVED LANDFILL. PROCEDURES MUST COMPLY WITH APPROPRIATE GOVERNMENTAL REGULATIONS. SECTION 5 HEALTH HAZARD DATA EYE: POSSIBLE MECHANICAL INJURY. SKIN CONTACT: ESSENTIALLY NON-IRRITATING. SKIN ABSORPTION: NOT LIKELY TO BE ABSORBED. INGESTION: LOW SINGLE DOSE TOXICITY. INHALATION: POSSIBLE NUISANCE DUST. SYSTEMIC & OTHER EFFECTS: NONE KNOWN. SECTION 6 FIRST AID EYES: IRRIGATION OF THE EYE IMMEDIATELY WITH WATER FOR 5 MINUTES IS GOOD SAFETY PRACTICE. SKIN: WASH OFF IN FLOWING WATER. INGESTION: LOW IN TOXICITY. INDUCE VOMITING IF LARGE .AMOUNTS ARE INGESTED. INHALATION: REMOVE TO FRESH AIR IF EFFECTS OCCUR. NOTE TO PHYSICIAN: EYES: MECHANICAL INJURY ONLY. STAIN FOR EVIDENCE OF CORNEAL INJURY. AFTER EYES ARE WASHED, CONSIDER USE OF ANTIBIOTIC STEROID PREPARATION. SKIN: INJURY IS UNLIKELY. NO EFFECT EXPECTED. RESPIRATORY: MECHANICAL INJURY ONLY. ORAL: MECHANICAL INJURY ONLY. SYSTEMIC: MECHANICAL INJURY ONLY. R&S166113 SECTION 7 SPECIAL HANDLING INFORMATION VENTILATION: GOOD ROOM VENTILATION USUALLY ADEQUATE FOR MOST OPERATIONS. RESPIRATORY PROTECTION: IF REQUIRED, USE AN APPROVED DUST RESPIRATOR. (CONTINUED ON PAGE 3 ) (R) INDICATES A TRADEMARK OF THE DOW CHEMICAL COMPANY MATERIAL SAFETY DATA SHEET PAGE: 3 DOW CHEMICAL U.S.A. MIDLAND MICHIGAN 48640 EMERGENCY PHONE: 517-636-4400 EFFECTIVE DATE: 23 OCT 81 PRODUCT (CONT'D): SARAN (R) 864 RESIN PRODUCT CODE: 74158 MSD: 0746 SECTION 7 SPECIAL HANDLING INFORMATION (CONTINUED) PROTECTIVE CLOTHING: NONE REQUIRED. EYE PROTECTION: NOT NORMALLY NECESSARY. SECTION 8 SPECIAL PRECAUTIONS AND ADDITIONAL INFORMATION PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: -------- ADDITIONAL INFORMATION: 23 OCT 81 - REVISION OF ENTIRE MSDS. LAST PAGE (R) INDICATES A TRADEMARK OF THE DOW CHEMICAL COMPANY THE INFORMATION HEREIN IS GIVEN IN GOOD FAITH, BUT NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE. CONSULT THE DOW CHEMICAL COMPANY FOR FURTHER INFORMATION. 1 PLAINTIFF'S EXHIBIT 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -83- R&S166114 m Saran 864 Resin for Film and Sheet Food Packaging Applications Properties Good Oxygen Barrier Excellent Water Vapor Barrier FDA Compliance Vinylidene Chloride/ Vinyl Chloride Copolymer ^ PLAINTIFF'S | EXHIBIT 1 S-30-25 Oks Properties^ Testr Method? Valuet Resin Properties Specific Gravity, g/cm2............................................... Extruder Melt Temperature Range C ( F)-- ASTM D1505 1.71 ; 170-190(338-374) j Film Properties Oxygen Permeability.......................... .................... cc.mil/100 in2.24 hr-atm @ 50% RH, 73 F .. cccm/cm2 sec.cmHg @ 50% RH. 23 C .... , ASTM D1434 .'. _; . 0.8-1.1 (4.5-6.0) x 10-13 -j .-i Water Vapor Transmission Rate......... .............. ASTM E96-E g.mil/100 in2-24 hr@ A90% RH, 100F........................................ g.30 ^/m2*24 hr @ A 90% RH, 37.8 C ........................................ Gloss ............................................................................... ASTM D2457 ^ 0.2; 2.6;j 121 ] Haze, %........................................................................... ASTM D1003 ! Ultimate Tensile Strength, Ibf/in2........................... ASTM D882 kfg/cm2 .................................................. Ultimate Elongation, %.......................................... , ASTM D882 0.43 8,000-16,000 60 J 562-1125t 1 R&S166115 'Typical properties; not to be construed as specifications. Fabrication Suggested extrusion conditions are as follows; Zone Hopper Cylinder No. 1 Cylinder No. 2 Nosepiece Torpedo & Die Temperature C 130 140 160 175 175 High nickel alloys are recommended for all heating zones of fabrication equipment. 1979, The Dow Chemical Company See "Safety Considerations," reverse sid NOTICE: This information is presented in good faith, but no warranty, express or implied, is given nor is freedom from any patent owned by The Dow Chemical Company or by others to be inferred. Inasmuch as any assistance furnished by Dow with reference to the proper use and disposal of its products is provided without charge, Dow assumes no obligation or liability therefor. DOW CHEMICAL U.S.A. DESIGNED PRODUCTS DEPARTMENT * MIDLAND, MICHIGAN 48640 Printed in U.S.A. Trademark of The Dow Chemical Company Form No. 190-295-79 SAFETY AND HANDLING CONSIDERATIONS The information following is pertinent to those Saran resins marketed by the Designed Products Department of The Dow Chemical Company. Mate rial Safety Data sheets, essentially similar to OSHA Form 20, are available on Saran resins and should be read and understood by customers. A facsimile of such an MSD sheet is inserted in the rear pocket of this bulletin. Customers should be certain their work force is familiar with proper, safe handling practices prior to working with Saran resins. Handling and Processing Most commercial Saran resins for extrusion, mold ing, and powder applications are vinylidene chloride/vinyl chloride copolymers. OSHA Stand ard has regulated vinyl chloride as a carcinogen by inhalation according to 1910.93q vinyl chloride, recorded on May 28, 1975, as sub part Z, 1910.1017, which limits the amount of vinyl chloride monomer to which a worker can be exposed. The maximum level allowed without the use of respirators is 1.0 part per million, time weighted average (TWA). For vinylidene chloride there is a published value of 10 parts per million, TWA, adopted by the American Conference of Industrial Hygienists (ACGIH). Dow has made engineering improvements resulting in low concentrations of residual (unreacted) monomers in Saran resins. Good manufacturing practice as recommended herein should not lead to hazardous levels of these monomers. Any residual monomers will concentrate in the head space at the top of storage containers or blending equipment. Adequate ventilation should be provided, and workers should not inhale the air released when containers or equipment are first opened. The thermal degradation of Saran during melt processing will lead to hydrogen chloride (HCI) gas evolution, particularly in the presence of metals such as iron, copper, zinc, and tin. HCI gas can be injurious to workers' health. The time weighted av erage for HCI adopted by ACGIH is 5 parts per million. In the case of finely subdivided (micronized) Saran resins, there is an applicable OSHA air contaminant standard, The Federal Register, May 28, 1975, sub part Z, 1910.1000, air contaminants. The standard states that the total inert or nuisance dust is not to exceed 15 milligrams per cubic meter. If this limit is exceeded, a dust respirator must be worn. The NIOSH certified equipment book is a good informa tion source concerning a suitable dust respirator. The ingestion of Saran resin in amounts incidental to industrial handling would not be expected to cause injury. If Saran resin should come in contact with the eye, slight irritation, usually of a mechan ical nature, may occur. Rinse the eye with low pres sure flowing water for at least five minutes and pro vide medical attention. Most individuals experience no skin irritation from contact with Saran resin; however, some workers may experience irritation from prolonged or repeated contact. Such indi viduals should wear gloves. In rare cases, it may be necessary to remove the worker permanently from areas where exposure to the resin may occur. The Dow Chemical Company has Industrial Hygienists available for consultation on a broad range of subjects, particularly those involving the safe use of Dow products. These hygienists visit customers' plants on a contractual basis for monitoring and consulting activities. Combustion Characteristics Saran resins contain chlorine as an integral part of the polymer molecule. The chlorine affects the igni tion and combustion characteristics of the polymer in a manner similar to that of halogen-containing fire retardant chemical additives used to modify combustion properties of other resins. Specimens of Saran resin, when contacted with a gas flame in small scale laboratory tests, will cease to burn after the flame is removed. However, when exposed to excessive heat or flame, such as in real fir situa tions, Saran resins will burn and generate hydro gen chloride as one of the combustion products. Dust Hazard Dust of Saran resin (alone) is nonexplosive. How ever, there are known to be potentially dangerous situations when Saran resin is blended with a pow dered metal such as aluminum. Good housekeep ing practice to assure minimal dust collection and/or minimal dust in air is recommended. c Storage, Spills, Disposal To extend their useful shelf life, Saran resins should be stored out of contact with direct sunlight and extreme heat. Cold temperatures will not harm the resins. Spills should be cleaned up immediately because the small particles can act as a lubricant and make the floor slippery. A vacuum cleaner is preferred for cleaning up spills. Saran resin waste can be disposed of by burial in an approved landfill or by burning in an approved scrubber-equipped incinerator. Saran resins are not water teachable or biodegrad able. In landfill disposal therefore, they do not af fect soil stability nor do they evolve gases or leachates known to pollute water resources. In burial, slow evolution of hydrogen chloride may occur; however, it will be neutralized by soil components. If waste Saran is incinerated, it should constitute less than 10% of the total materials charged to the incinerator. Effluent gases should be scrubbed to avoid hydrogen chloride contamination of the air. Improper incineration can result in air pollution and in corrosion of incinerator parts. In any disposal of wastes, be certain that all ap plicable federal, state, and local regulations are met. R&S166116 1 PLAINTIFF'S EXHIBIT 4 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -84- R&S166117 303/ (G/enfiett 3>. 0, SBox 24330 ^ Mat, &xa* 75224 Allied Analytical & Research laboratories ^-/BorUa/7<rtt/j & March 6, 1973 A sample FVC IDENTIFYINQ MARKS See Below DATE SUBMITTED 3-1-78 ANALYTICAL REPORT NO. 54005 SUBMITTED BY Oscar Mayer Attn: Bill Jensen ADDRESS ANALYSIS P* O. BOX 100 Sherman, Texas 75090 On March 1, 1978 four (4) samples of PVC monomer absorbed on charcoal tubes were submitted for analysis. The samples were analyzed according to OS HA procedures and the results are given below. Sample RESULTS VCM, ppm Total VCM, microgram 1. Smokie Link Area 2. CWP #2 Area 3. Flex Line Area 4. Plastic Mfd. Area 0 0 0 0 0 0 0 0 Distribution: Mr. N. Ottens, Madison Mr. P. Richter, Madison Sherman: Mr. W. Bond Mr. R. Mayer Mr. J. Pfeiffer Mr. J. Riddiough ~ PLAINTIFF'S EXHIBIT l-j' H . Morris Weller, Exec. V-P,M< ALLIED ANALYTICAL A RESEARCH LABORATORIES. BY. THI* ACFQAT OQCI NOT CQNiTlTUTC APPROVAL OR AN INOOHttMCNT ALL OR ANY RART MAY NOT RE RCPROOUCtD ON U||D IN ADVERTISING UNUIB AUTMOBI2IO RY THf OIRCOTOR OF THE LABORATORY. O I IOCUQW 1 PLAINTIFF'S EXHIBIT 5 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -8 5- R&S166119 3031 w/cn/ufa Allied analytical & Research Laboratories &*** 7^224 March 20, 1980 SAMPLE rcoal Tube Samples IDENTIPYINO MARKS See Below DATE SUBMITTED 2/4/'80 ANALYTICAL REPORT NO. 56226 SUBMITTED BY Oscar Mayer & Company Attn: Bruce A. Somers P. 0. Box 100 ADDRESS Sherman, TX 75090 ANALYSIS 2I4/337-AH4 Six (6) charcoal tube samples plus blanks were sub mitted for VCM analysis. The results are shown below. RESULTS SAMPLE DATE (1) CWP #2 2/11/80 (2) SNS Flex 2/12/80 (3) Smokie Link 2/12/80 (4) Warehouse 2/12/80 (5) Variety Pak 2/12/80 (6) Bacon #1 2/12/80 VCM, p.p.m. 0.2 0.1 0.1 0.0 0.0 0.2 TOTAL, VCM micrograms 1.42 0.59 0.88 0.14 0.22 1.15 R&S166120 ALLIEO ANALYTICAL A RESEARON LABORATORIES. BY-------------------------------------------------------------------- -- THIS KPORT-OOM NOT CONSTITUTE APPROVAL ON AN WOOHitMtMT. ALL OR ANT PART MAY NOT RE REPRODUCED DR USCO IN ADYERTIRIND UNLERE AUTHORIZED BY THf DIRECTOR Of THE LABORATORY. -86-