Document qa3Ee5zNwRRKvomDpnj84egqq

1 STATE OF ALABAMA IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 (Transferred from Calhoun County, Alabama) 3 SABRINA ABERNATHY, etal., 4 Plaintiffs, 5 CIVIL ACTION NO. versus CV-2001-832 6 (Consolidated) MONSANTO COMPANY, et al., 7 Defendants. 8/ 9 DEPOSITION OF AARON TAYLOR 10 11 The deposition of AARON TAYLOR was 12 taken before Deborah Salers Garrett, Certified 13 Shorthand Reporter, Registered Professional 14 Reporter, as Commissioner, commencing at 11:00 15 a.m. on December 28, 2001, by the Plaintiffs, 16 at the law offices of Fite & Miller, Suite 17 400, SouthTrust Bank Building, Anniston, 18 Alabama, pursuant to the stipulations set 19 forth herein. 20 Regional Reporting Service, Inc. 21 755 Walnut Street Gadsden, Alabama 35901-0755 22 23 Page 1 Page 3 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of AARON TAYLOR may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Anniston, Alabama, on December 28, 8 2001, at 11:00 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. 1 APPEARANCES 2 For the Plaintiffs: 3 HARRISON COLEMAN, Esq. KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 4 1633 Broadway New York, New York 10019 5 CHARLES CUNNINGHAM, Esq. 6 Morrissey Building, Suite 200 304 West Liberty Street 7 Louisville, Kentucky 40202 8 For the Defendants: 9 EDWARD M. NEWSOM, Esq. 10 LAWRENCE J. MYERS, Esq. SMITH, HELMS, MULLIS & MOORE 11 Suite 750, 1355 Peachtree Street, NE Atlanta, Georgia 30309 12 INDEX 13 Page Stipulations 3 14 Reporter's Certificate 68 15 EXAMINATIONS 16 Witness: AARON TAYLOR Page 17 By Mr. Coleman 4 18 19 EXHIBITS 20 Plaintiffs' Marked Offered 21 One 4 22 No other exhibits were marked for 23 identification, offered or attached as exhibits hereto. Page 2 Page 4 1 STATE OF ALABAMA, ANNISTON, DECEMBER 28, 2001 2 3 AARON TAYLOR, 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 EXAMINATION 8 BY MR. COLEMAN: 9 Q. Mr. Taylor, my name is Harrison Coleman. 10 I'll be taking your deposition this 11 morning. 1 work for the plaintiffs in 12 this case. 13 Would you please state your full 14 name for the record, please? 15 A. Jessie Aaron Taylor. 16 MR. COLEMAN: And, Mr. Myers, did 17 y'all have an opportunity to 18 talk about the notice of 19 deposition? 20 MR. MYERS: 1 didn't ask him that. 21 (Plaintiffs'Exhibit Number 22 One was marked for 23 identification.) Pages 1 - 4 HARTOLDMONO019042 1 Q. 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 Q. 17 18 19 A. 20 Q. 21 22 23 Page 5 Have you seen this document? It is a 1 notice of deposition requiring you to be 2 here at this office to take your 3 deposition. 4 A. No. 5 Q. In this notice of deposition we had 6 asked you to bring along any documents 7 in your possession which are responsive 8 to that request. Can you just scan 9 that -- 10 MR. MYERS: Read it if you would, 11 Mr. Taylor. Take your time, 12 and read one, two, three, and 13 four. Go ahead and take a 14 minute and read that. 15 Do you have any documents in your 16 possession or at home that are 17 responsive to those requests? 18 No, not to my knowledge. 19 Okay. If you come across any documents;20 A. that you believe are responsive to these 21 requests, would you please make them 22 available to your attorney, who will 23 Page 7 that dealt with PCBs. Mr. Taylor, have you had a deposition before? Yes. So you know the rules about speaking clearly and verbally. In other words, don't give an uh-huh or uh-uh as an answer because the court reporter here is going to trying to take down everything, you say and that doesn't come across very well in the record. So if you will please do that, we will all appreciate it. If you don't understand my question, just let me know and I'll rephrase it. If you need to take a break or want a timeout to talk to your attorneys, just let us know, and we will do that? Okay. MR. MYERS: And try to speak up just a little because there is a fan over your head. Page 6 Page 8 1 then review them and make them available 1 THE WITNESS: Okay. 2 to us? 2 Q. Will you please state your current 3 A. Yes. 3 address, please? 4 MR. MYERS: And without speaking 4 A. 4700 Amberwood Drive, Anniston, Alabama, 5 for Mr. Coleman, what they 5 36207. 6 are interested in is anything 6 Q. Where in relation to the Monsanto plant 7 other than what might have to 7 is your home? 8 do with your retirement and 8 A. East. 9 benefits and things like 9 Q. How far? 10 that. 10 A. Approximately five miles. 11 Q. For example, did you take any MSDSs home 11 Q. Okay. Have you ever lived anywhere else 12 with you? 12 in Anniston? 13 A. No. 13 A. Yes. 14 Q. Did you take any safety manuals home 14 Q. Would you mind going through those 15 with you? 15 addresses starting with the first and 16 A. No. 16 moving forward? 17 Q. While we are on the subject, are you 17 A. How far back? 18 retired from Monsanto? 18 Q. Have you lived here all your life? 19 A. Yes. 19 A. Yes. 20 Q. Those are the types of documents and 20 Q. Okay. Let's say from the '60s forward? 21 materials we are talking about, and 21 A. 1 lived in Saks, north Anniston. 22 specifically also that relate to PCBs or 22 Q. Okay. 23 your work in any department at Monsanto 23 A. 1 lived west of the Anniston plant in Pages 5 - 8 HARTOLDMONO019043 1 2 Q. 3 A. 4 Q. 5 A. 6 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 16 Q. 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 Q. 23 A. Page 9 the Wellborn community. Wellborn? Yes. Okay. And when did you live there? From --1 think it was 1965 until 1972 - '92, I'm sorry, '92. 1992? Yes. Where is that in relation to the plant? West. How far west? About two miles. And after 1992 where did you live? In the general vicinity where 1 am now, in the Golden Springs area. Okay. Are you married? Yes. Do you have children? Yes. How many children do you have? Two. Where do they live? One lives in the Dearmanville area, 1 A. 2 3 Q. 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 14 Q. 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 21 Q. 22 A. 23 Q. Page 11 I'm going to have to guess at these dates. That's fair enough. About 1966. Okay. And after 1966? Storeroom. Okay. Shipping and receiving. What was your title in there? Just storeroom clerk. How long did you hold that job? I'm going to say one year. 1 don't know. Okay. And -Chief operator. Okay. Biphenyl department. From '67 to when? I'm going to say '77, in that general vicinity. Okay. And then after that? Maintenance department. What was your title? Page 10 Page 12 1 which is east of Anniston. The other 1 A. Millwright, mechanic. 2 one lives in Alpharetta, Georgia. 2 Q. Okay. From 1977 to-- 3 Q. How about grandchildren? Do you have 3 A. About '80, 1980, maybe. 4 any grandchildren? 4 Q. Was that also in the biphenyl 5 A. Yes. 5 department? 6 Q. When did you -- When did you start 6 A. In the maintenance department you work 7 working for Monsanto? 7 all over the plant. Then 1 became an 8 A. 1961. 8 electrician, E and 1, title is E and 1. 9 Q. 1 want to go through your job history at 9 Q. From 1980 until when? 10 Monsanto job by job beginning in 1961 up 10 A. Retirement. 11 until your retirement with Monsanto. 11 Q. What year did you retire, again? 12 What 1 would start with is if you will 12 A. 1994. 13 just give me your job title and the 13 Q. Okay. And were you an electrician, E 14 years in which you held that job. And 14 and 1 all over the plant or in one 15 let's start at the beginning and work 15 particular department? 16 forward. Then we'll go back, and 1 want 16 A. All of the plant. 17 to ask you about your responsibilities 17 Q. Okay. Now, if you don't mind -- and 18 in those jobs. For now let's just start 18 this may take a little while since you 19 with the list. 1961. 19 had five occupations at the plant. 1 20 A. Operator. 20 just want to kind of ask you some 21 Q. In what division? 21 general questions about what you did 22 A. Aroclor. 22 there and what your responsibilities 23 Q. Okay. And for how long? 23 were. Let's start with when you were an Pages 9-12 HARTOLDMONO019044 Page 13 Page 15 1 operator from 1961 to 1966. What were 1 A. It was required. 2 your responsibilities in the Aroclor 2 Q. What was the punishment if any for not 3 department as an operator? 3 wearing them? 4 A. Making the products. 4 A. Reprimands, mostly. 5 Q. Okay. And how did you accomplish that? 5 Q. Did you ever know anyone to get 6 Did you take raw materials -- 6 reprimanded? 7 A. Yeah. We take the raw materials and put 7 A. Not to my knowledge. 8 them in the vessels, and it was 8 Q. And 1 take it from your answer that you 9 processed in the vessels. 9 yourself did not get reprimanded? 10 Q. And then after production was there a 10 A. No. 11 role that you had, like drumming for 11 Q. During your job as operator between 196' 12 example? 12 and '66, 1 think you testified that was 13 A. No. 13 in the Aroclor department? 14 Q. What were the raw materials that went 14 A. Yes. 15 into those products, if you can 15 Q. Describe the physical attributes of that 16 remember? 16 department. Was it inside? Was it 17 A. One of the products was Santowax, one 17 outside? If it was inside, was it open 18 was biphenyl, chlorine. That's all 1 18 air or just whatever physical attributes 19 can remember. 19 you can remember about that department. 20 Q. Okay. That's fine. That is fair 20 A. Actual production was outside. We had a 21 enough. What safety gear did you wear 21 control room to run samples, and that 22 in your role as operator between 1961 22 was it. 23 and '66? 23 Q. Was -- Let's start with the outside. 1 A. 2 Q. 3 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 13 14 A. 15 Q. 16 A. 17 Q. 18 19 20 21 A. 22 Q. 23 Page 14 Gloves. How far up your arm did those gloves extend? Above the wrist. Okay. Anything else? Face shields, goggles, steel-toe shoes. Hard hat? Hard hat, safety glasses. Protective clothing? Just general work clothes. Were those work clothes -- Did you take them off at the end of the day and leave them at the plant? Yes. They were laundered at the plant? Yes, they were laundered. And did you have all of these safety materials from 1961 to '66, for the five years that you were there as an operator? Yes. Was it required that you wear them, or was its optional? 1 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. 10 A. 11 12 Q. 13 A. 14 Q. 15 16 17 18 A. 19 Q. 20 A. 21 22 Q. 23 A. Page 16 Did you work twelve months a year outside? Yes, yes. Do you remember any spills outside of any of the products? MR. MYERS: Object to the form. Go ahead. Spills? Yeah. I'm sure we had some, but just -- not in general, 1 can't tell you. None that stick out in your memory? No. Do you remember then what your responsibility was if there was a spill, regardless of how big it was or how small it was? Contain and clean up the spill. What did that entail? Had an oil dry type of material, sand, used sands for oil dry. And that was for containing 1 guess? Yes. Pages 13-16 HARTOLDMONO019045 Page 17 Page 19 1 Q. And how about cleaning up? 1 Q. Well, did you dip a cup down into a 2 A. This was also to absorb the liquid, and 2 bucket and take a sample, or was there 3 it was cleaned up. 3 some more detail than that? 1 just want 4 Q. What did you do with the absorbed 4 to know - 5 material? 5 A. The vessel that the product was made in 6 A. It was put in containers like metal 6 had a sample pourer on it. The sample 7 drums. 7 was taken in that container and carried 8 Q. And what happened to the metal drums? 8 to the control room. 9 A. Shipping took care of that. 9 Q. So the samples were taken outside? 10 Q. Did you have any responsibility for 10 A. Yes. 11 cleaning it up for the drums? 11 Q. And then taken to the control room? 12 A. Just prop it on a pallet. 12 A. Yes. 13 Q. Did you ever see where shipping took 13 Q. Who was in the control room to receive 14 those barrels? 14 the samples, just the title of the 15 A. No. 15 person in there? 16 Q. Do you have any knowledge of where they 16 A. We did the samples. 17 took them? 17 Q. What I'm trying to get to is what did 18 A. 1 was never connected with that. I'm 18 you do with the samples once they were 19 not familiar with it. 19 made? 20 Q. Okay. And how about the room where 20 A. They were brought in the control room, 21 samples were taken? What is that 21 set in the sink. They usually had to be 22 called, again? 22 cooled to a certain temperature to run 23 A. Just the control room. 23 the samples. Page 18 Page 20 1 Q. Did you have any job duties in the 1 Q. Okay. And who analyzed these samples 2 control room? 2 once they had cooled? 3 A. Yes. As operators we took the samples 3 A. The person that caught the sample. 4 and run the samples. 4 Q. And what were you analyzing the samples 5 Q. Tell me about the ventilation system in 5 for? 6 the control room. 6 A. Finished product like specific gravity. 7 A. It was - the doors were just open on 7 Q. Okay. Anything else? 8 the building. The windows were open. 8 A. No. 9 There was a fan above the sink where the 9 Q. Consistency? 10 samples were cooled and run. 10 A. Well, that was the consistency. 11 Q. Was it a fan that was blowing in or 11 Q. The specific gravity, is that what was 12 sucking air out? 12 tested? 13 A. Just an exhaust fan overhead. 13 A. That was it. 14 Q. Do you know how, if at all, that exhaust 14 Q. All right. Let's move around to when 15 was treated? 15 you were a storeroom clerk in 1966 and 16 A. No. 16 '67. Incidentally, why did you take the 17 Q. Do you know where the exhaust went after 17 job as a storeroom clerk after you were 18 it was pulled out? 18 an operator and before going to chief 19 A. I've never thought anything about it. 19 operator? 20 Q. Okay. What was the process of taking 20 A. I'll have to go into a little detail 21 samples in the control room? How was 21 here. 22 that done? 22 Q. All right. 23 A. 1 don't understand your question. 23 A. With shift work you work around the Pages 17-20 HARTOLDMONO019046 Page 21 Page 23 1 clock, and storeroom was a daytime job. 1 Q. Did you have any responsibility for the 2 Q. Was the storeroom clerk job in the 2 implementation of safety measures for 3 Aroclor department also? 3 the men under your charge? 4 A. No. It was a separate building. 4 A. The reason I'm taking so long, not - 5 Q. Okay. And let me start at the very 5 No, not generally, you wouldn't. 6 beginning. What's your birthday? 6 Q. Did you distribute gloves, face shields, 7 A. July 29th, 1937. 7 goggles, and others things to them? 8 Q. So if I'm calculating right, you were 8 A. No. 9 about twenty-nine years old when you 9 Q. Who did that? 10 became storeroom clerk, and about a year 10 A. Storeroom. 11 later you became a chief operator in the 11 Q. Who was responsible for making sure they 12 biphenyl department? 12 had the proper materials, proper safety 13 A. 1 hope you understood that these dates 13 gear? 14 are estimates in my mind. 14 A. The company. 15 Q. 1 should have kept that in mind. 15 Q. Did you have the responsibility for 16 Storeroom clerk, just back there -- 16 punishing anybody for failing to wear 17 A. Excuse me just a minute. 17 any of their safety materials? 18 Q. Sure. Did you have any safety gear that 18 A. No. 19 you had to wear as a storeroom clerk? 19 Q. Whose responsibility was that? Let's 20 A. No. 20 say a guy didn't wear his hard hat one 21 Q. Did you ever travel outside of the 21 day and there was a reprimand for that. 22 office where you performed your duties? 22 Who was responsible for handing out that 23 Did you go around the plant, for 23 reprimand? 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 10 A. 11 12 13 Q. 14 15 16 17 18 A. 19 20 21 Q. 22 23 A. Page 22 example? 1 A. No. 2 I'm sorry to jump around so much. But 3 Q. back to when you were an operator, where 4 did you take your meals? 5 A. We had a lunchroom. 6 Do you remember if there was a rule in 7 Q. place regarding eating your meals 8 anywhere in the plant? 9 A. 1 don't know if it was a rule. We just 10 Q. had a lunchroom. That is where you 11 A. went. 12 Q. All right. Let's move on to when you 13 A. became a chief operator in approximately 14 1967 to approximately 1977 in the 15 Q. biphenyl department. What were your 16 responsibilities as chief operator? 17 A. Each shift had operators, and the chief 18 Q. was sort of in charge of that particular 19 shift, that crew. 20 Okay. And were you responsible for 21 A. hiring and firing? 22 Q. No. 23 Page 24 Ever who saw it would just generally remind him of it. Not a foreman or chief foreman or supervisor or someone like that? If it got bad enough, the foreman would be. And who did you specifically report to as chief operator? The foreman. Do you remember his name? Had several. Okay. Barbara Curry, Mark Williams. That's all 1 can think of right now. If you think of any more, just let me know. All right. Did you have any responsibility as chief operator for sampling like you did as an operator? No. Did you have any responsibility for the production process that went on outside, Pages 21 - 24 HARTOLDMONO019047 Page 25 Page 27 1 hands on? 1 sweeping down or any -- Just general 2 A. Only if the operator had problems. 2 cleanup. It could be the building or 3 Q. Okay. Did you have any responsibility 3 outside in the operation area, picking 4 like you did as an operator for cleaning 4 up trash. 5 up spills? 5 Q. Did you hose down any area of either the 6 A. Yes. 6 control room or outside? In other 7 Q. And what were your responsibilities 7 words, did you use hoses or water as a 8 there? 8 part of housekeeping? 9 A. Just assist. 9 A. Yes. 10 Q. Did you have any responsibilities as 10 Q. Do you know if there was any drain for 11 chief operator for the disposal of the 11 that water? 12 waste material after a spill? 12 A. Yes. 13 A. No. 13 Q. And where were the drains? 14 Q. How was a spill reported up the chain? 14 A. The storm drains. 15 MR. MYERS: At what point in time? 15 Q. Okay. Is that outside that you are 16 Q. As soon as the spill happens, what chain 16 talking about? 17 of events takes place? 17 A. Yes. 18 MR. MYERS: 1 guess the 18 Q. And do you know where those storm drains 19 clarification 1 have or want 19 went ultimately? 20 is when he was an operator or 20 A. Not for sure. 21 chief operator? 21 Q. Has anyone ever told you where the storm 22 MR. COLEMAN: Good question. 22 drains went? 23 Q. Either one. As an operator or chief 23 A. 1 believe so. Page 26 Page 28 1 operator, and if they changed, if the 1 Q. What did they tell you? 2 chain of command kind of changed when 2 A. There was a catch basin inside the 3 you were an operator or chief operator, 3 fenced area. 4 let me know that. What would happen? 4 Q. In what relation to the fenced area is 5 A. My responsibility as a chief operator 5 that catch basin? 6 would be to report it to my foreman. 6 A. Near the highway. 7 Q. And as chief operator did operators 7 Q. Is that highway 202 you are talking 8 report to you the occasional spills? 8 about? 9 A. Yes. 9 A. What used to be --1 don't know what 10 Q. Okay. This may be a tough question to 10 that is now. It used to be Highway 202 11 answer, but was there any spill too 11 for years. 12 small to report? 12 Q. Do you have any knowledge of how that 13 MR. MYERS: Object to the form. 13 basin was treated if at all? 14 A. 1 don't know about that. 14 A. No. 15 Q. Describe if you will your role as 15 Q. Do you know anyone who had ultimate 16 operator and chief operator and the 16 responsibility for that basin? 17 housekeeping measures you had there at 17 A. Ask that again. 18 the plant. 18 Q. Sure. Do you know anyone who had 19 A. Housekeeping was very important. No jot > 19 responsibility for the materials in that 20 was complete until your housekeeping was 20 basin? 21 done. 21 A. No. 22 Q. And what housekeeping measures -- 22 Q. Now, the control room, is there a drain 23 A. It would be as far as washing down or 23 in the control room? Pages 25 - 28 HARTOLDMONO019048 1 A. 2 3 4 Q. 5 6 7 A. 8 Q. 9 A. 10 11 12 Q. 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 Q. 21 22 A. 23 Q. Page 29 No. There was -- We didn't use water. There was a drain, but it wasn't a wash-down area. You talked about a sink earlier in the control room. What was the sink used for? Samples. Okay. Was it an operating sink? No. It was just a lab type sink, just used just for that particular, you know, process. And how were the samples cooled? Water. Okay. Do you remember whether the samples containers were washed off. They are. Do you know whether the sink's drain went to the basin? 1 don't know. When you first joined Monsanto did you participate in a job interview? Yes. Were you told in the job interview that 1 A. 2 Q. 3 4 5 6 7 8 A. 9 Q. 10 11 12 13 14 15 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 Page 31 Ask me again, please. I'm sorry. It was very confusing. We talked about you said you had safety meetings. You said you may have had meetings with the medical department. Did you have any meetings specifically related to worker health? 1 can't remember. Okay. For those meetings that you remember, the safety meetings and perhaps the ones that involved the medical department, the few that required the medical department's participation, what was discussed at those meetings? 1 know it was a long time ago. 1 just mean very generally. I'm sorry. 1 can't remember that. Do you specifically remember the subject of the health effects of PCB exposure being brought up in any of the meetings? 1 don't remember. Did anyone ever tell you that PCBs were dangerous? Page 30 Page 32 1 you would be working around Aroclors? 1 A. 1 don't remember that. 2 A. No. 2 Q. Outside of wearing protective gear as a 3 Q. Were you told in the job interview that 3 part of the general rules of the plant, 4 you would be working around PCBs? 4 were you ever provided any special 5 A. No. 5 protective gear when you were handling 6 Q. Did you ever have an opportunity in your 6 Aroclors or PCBs? 7 entire career at Monsanto to interview 7 MR. MYERS: Other than what he 8 workers for positions? 8 described earlier? 9 A. No. 9 MR. COLEMAN: Other than what he 10 Q. Do you know if during the interview 10 described earlier. 11 process -- Strike that. 11 Q. 1 will go through the list. You said 12 When you were an operator in 1961 12 you had gloves to the wrist, face 13 through '66, did you have safety 13 shield, goggles, steel-toed boots, hard 14 meetings within the department? 14 hat, safety glasses and work clothes 15 A. Yes. 15 that were laundered at the plant. 16 Q. Did you have meetings with the medical 16 Anything that was special say for a 17 department? 17 particular job? 18 A. Some of them could have been. 18 A. Now, you are talking about as an 19 Q. Did you have meetings about your health 19 operator? 20 with anyone at the plant management 20 Q. As an operator. 21 level? 21 A. 1 can't remember anything other than 22 MR. MYERS: Same time period? 22 that. 23 MR. COLEMAN: Same time period. 23 Q. How about respirators? Pages 29 - 32 HARTOLDMONO019049 1 A. 2 Q. 3 4 5 6 7 A. 8 9 Q. 10 11 12 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 Q. 21 22 23 Page 33 1 don't remember in that time period. Not the respirators with the full canister, but how about the small paper kind of respirator? Did you ever use those? MR. MYERS: Object to the form. 1 don't remember any respirators at that time. What were you told about -- Strike that. Okay. When you were a chief operator from 1967 to 1977, do you remember any safety meetings? Oh, yes. Were you in part responsible for putting on those meetings? No. How frequent would you say during that period as a chief operator? Monthly. Of the three types of meetings we talked about, safety meetings, any meetings you had with the medical department, any meetings you had generally about 1 2 3 A. 4 Q. 5 6 7 8 A. 9 10 Q. 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 22 A. 23 Q. Page 35 through breathing? MR. MYERS: Object to the form? Again, ask me the question. Sure. Were you ever told about the health effects on the human body from breathing PCBs? MR. MYERS: Same objection. To my knowledge it was brought up in safety meetings. Do you remember the extent of that? No. Incidentally, do you remember in any of these meetings someone was there taking notes about the meeting? Not to my knowledge. Like a secretary or clerk there to kind of write down what people were saying? No. So 1 take it you never read anything after a meeting which reflected the events that happened at the meeting? 1 can't remember. Like minutes of the meeting, did you Page 34 Page 36 1 employee and worker health, I'm kind of 1 ever coming across those? 2 lumping all of those together. Are 2 A. The words, you know, minutes of the 3 those the kinds of meetings you would 3 meeting comes to mind, but 1 can't tell 4 have monthly? 4 you. 5 A. Yes. 5 Q. 1 take it you wouldn't remember the 6 Q. And as a chief operator, do you remember 6 specific contents of any meeting you 7 any discussion about the health risks 7 might -- 8 associated with PCB exposure? 8 A. No. 9 A. 1 don't remember any. 9 Q. Were the minutes of the meetings posted 10 Q. Okay. Do you remember any specific 10 anywhere in the plant? 11 instructions on how to handle PCBs or 11 A. 1 can't remember. 12 Aroclors during your tenure as chief 12 Q. Do you remember being shown any MSDSs 13 operator? 13 for the particular products you worked 14 A. 1 don't understand your question, 14 with? 15 really. 15 A. Yes. 16 Q. I'm sorry about that. Were you ever 16 Q. While we are at it, would you mind 17 told about the effects of handling 17 listing the specific Aroclor products 18 Aroclors without any protective gear? 18 and any other PCB containing products 19 MR. MYERS: Object to the form. 19 that you worked with during your tenure 20 A. Not to my knowledge. 20 at Monsanto? 21 Q. Did you ever -- were you ever told or 21 A. 1140, 1142, 1240, 1242. 1 have a lot of 22 did you ever learn of the effects of 22 numbers in mind but can't get them all 23 PCBs on the body through absorption 23 together, 5460, late biphenyl, 1268 Pages 33 - 36 HARTOLDMONO019050 Page 37 Page 39 1 1148, 1248. I'm sure there are a lot 1 certainly as to time and the 2 more 1 can't remember. 2 term products, and he talked 3 Q. If you remember them any time during the 3 about them being raw 4 deposition, just let me know? 4 materials in particular? 5 A. All right. 5 Q. Specifically Santowax, biphenyl, and 6 Q. 1 think you said in the next two 6 chlorine, I'm just trying the get a 7 positions you held as maintenance 7 sense of the structure of the plant. 8 department mechanic from roughly 1977 tc 8 Were they contained in tanks outside or 9 '80 and as El from '80 and until you 9 were they -- 10 retired in '94 you weren't working 10 A. Yes. 11 specifically in the biphenyl department; 11 Q. Ever just in barrels? 12 is that correct? 12 A. No. 13 A. That's correct. 13 Q. In your responsibility as a maintenance 14 Q. Let's talk about the health and safety 14 department mechanic and El, did you have 15 protocol at Monsanto during those years 15 any responsibilities for cleaning out 16 and particularly as it related to your 16 the tanks? 17 jobs. Were you required to wear the 17 A. Yes. 18 protective gear as a maintenance 18 Q. How did you accomplish that? 19 department mechanic? 19 A. The tanks were usually emptied by the 20 A. Yes. 20 production department. Let me go back a 21 Q. Besides that list we went through 21 minute. As far as cleaning out in 22 earlier, were there any special 22 particular, tanks, I'd say no, because 23 protective measures that you took? 23 the production department done their 1 A. 2 Q. 3 4 A. 5 Q. 6 7 A. 8 Q. 9 A. 10 Q. 11 12 13 A. 14 15 Q. 16 A. 17 Q. 18 19 20 21 22 23 Page 38 Gas mask, respirator. 1 Why did you have to use a gas mask and 2 respirator? 3 Q. Parathion department fumes. 4 A. Did you ever have to use a gas mask or 5 Q. respirator in the biphenyl department? 6 A. Yes. 7 Q. In what respect? 8 Around benzine. 9 A. Was benzine one of the raw materials in 10 the production of Aroclors to your 11 knowledge? 12 Q. 1 don't know how to answer that really. 13 It was a raw material to the biphenyl. 14 And then biphenyl went in the Santowax? 15 A. Or it went into the Aroclor production. 16 All right. Were you responsible -- 17 Strike that. 18 How was Santowax, biphenyl, 19 Q. chlorine and other products -- were they 20 held in tanks? 21 MR. MYERS: Let me object to the 22 form. It is overly broad, 23 A. Page 40 cleaning. We worked on the tank, but we didn't - Did you ever climb in one, for example? Yes. Were you using a respirator? Yes. And why did you climb in it, for what purpose? It could have been a leak in the tank we were hunting for, could have been adding some equipment to the tank. Okay. And you say you wore a respirator. Was it the canister type respirator? As far as protection, it would depend on what product was in that tank before. You may have fresh air supplied, maybe a respirator, had a gas mask, just air. Okay. You answered my next six questions. Once in the tank did you ever have any responsibility for washing it out with a hose? No. Pages 37 - 40 HARTOLDMONO019051 1 Q. 2 3 4 A. 5 Q. 6 7 8 9 10 11 12 13 14 Q. 15 16 17 18 19 20 21 22 23 Page 41 Do you know whether that job was ever performed, the cleaning of tanks with water? Yes. And if you can answer this, how often would you say, let's say when you were a -- the entire time you were a maintenance department mechanic from '77 to '94? MR. MYERS: 1 believe he was in maintenance '77 to '80 and then an El from '80 to '94. MR. COLEMAN: Yes. Your best guess. MR. MYERS: Let me just caution you. Mr. Taylor, you are not required to speculate or guess. If you can give him a reasonable estimate or tell him with certainty or reasonably certainty, do that. But you are not required to speculate or 1 2 A. 3 Q. 4 A. 5 6 7 8 Q. 9 10 11 12 A. 13 14 Q. 15 A. 16 17 18 Q. 19 20 A. 21 22 23 Q. Page 43 production? Yes. And how was that handled? According to the product, you could sweep it out, collect it in drums, or you could -- some tanks may have been washed out. Let's start with -- Those are three common methods. Let's start with the first. What was the product if you remember that you were sweeping out? In these time periods, it could have been any product because -Any of the list we went through earlier? Yeah. It could have been not necessarily those products but could have been raw material products. What did you do with what you had swept out once it was over? Again, it went in drums. From there, the shipping department would take care of it. But you had responsibility for putting Page 42 Page 44 1 guess. 1 it on a pallet? 2 MR. COLEMAN: Thanks. 1 agree. 2 A. Right. 3 A. No specific times or numbers or anything 3 Q. And that was about it? 4 like that. 4 A. Yes. 5 Q. Okay. Did you have any responsibility 5 Q. What about when you washed out the 6 when you were either an operator or 6 tanks? What was the process there? 7 chief operator for climbing into tanks 7 A. Well, the water was pumped out. 1 was 8 and doing any type of maintenance? 8 trying to remember. 1 don't remember 9 A. You caught me here on the spot. 9 where it was pumped to. The final part 10 THE WITNESS: Can 1 ask you a 10 of the water was mopped up with, like, 11 question? 11 rags or something like this to get 12 MR. MYERS: Yeah. Let's take a 12 everything dry. They were put in drums. 13 short break. 13 Q. Okay. 14 (A break was taken.) 14 A. That's to the best of my knowledge. 15 MR. COLEMAN: Can you read back 15 Q. Do you remember whether the waste water 16 the last question? 16 after that washing was drummed or not? 17 (Requested portion of record 17 A. To my knowledge sometimes it was. 18 read.) 18 Q. And if it was, did you have 19 A. Maintenance and production were separate 19 responsibility for putting that barrel 20 departments. As production, we didn't 20 on a pallet? 21 do any maintenance on them. 21 A. Yes. 22 Q. How about cleaning up? Did you ever 22 Q. And in the other times when it wasn't, 23 crawl into a tank to clean it up in 23 what happened to that waste water? Pages 41 - 44 HARTOLDMONO019052 Page 45 Page 47 1 A. 1 don't remember. That is what I'm -- 1 for and what the results were? 2 I'm trying the remember. 2 A. No. 3 Q. Okay. Do you have any personal 3 Q. Do you remember ever being told or it 4 knowledge of any tests done on animals 4 being put on the bulletin board there in 5 for PCB exposure? 5 the Aroclor department the results of 6 A. No. 6 what the tests were on that basin? 7 Q. Do you have any personal knowledge of 7 A. Not to my knowledge. 8 soil samples taken for analysis for 8 Q. Okay. Do you know where Snow Creek is? 9 PCBs? 9 A. Yes. 10 MR. MYERS: Object to the form. 10 Q. Do you know whether any effluents were 11 Where, when? 11 ever discharged into Snow Creek? 12 Q. In your tenure at Monsanto, anywhere 12 MR. MYERS: Object to the form. 13 around the plant. 13 From where? 14 A. Not to my knowledge. 14 Q. From the plant. 15 Q. Do you have any knowledge of -- during 15 A. 1 have been told that. 16 your time at Monsanto and after, do you 16 Q. Who told you that? 17 have any knowledge of soil samples taken 17 A. You know, just talk, no specific -- 18 in the Anniston area by anyone at all 18 particular name. 1 don't remember. 19 for analysis for PCBs? 19 Q. When you say that, do you mean -- Did 20 A. What 1 read in the paper. 20 this come up during your employment at 21 Q. Any other sources of information besides 21 Monsanto? 22 the paper? 22 A. Go back and ask me that question again. 23 A. No. 23 Q. Sure. You said you don't remember Page 46 Page 48 1 Q. And what do you know about -- from your 1 exactly the person that told you there 2 reading of the paper, what do you know 2 may be some effluent being discharged 3 about the results of those soil samples? 3 into Snow Creek, that it was just talk. 4 A. Results, 1 really don't know anything. 4 Did that talk happen while you were an 5 Q. Okay. Do you remember reading that the 5 employee at Monsanto, or is that 6 soil samples had levels of PCBs? 6 something you learned after you left 7 MR. MYERS: Object to the form. 7 there? 8 A. Yes. 8 A. When you talk about effluents, is that 9 Q. Were you aware of, at any time when you 9 like the storm sewer drain? That is 10 were working at Monsanto, any tests done 10 what 1 was -- Yes, that was during my 11 on water around the plant for the 11 employment. 12 presence of PCBs? 12 Q. Was that the subject of any of those 13 A. Not for PCBs in particular. 13 meetings we talked about earlier, health 14 Q. Okay. But for other -- 14 meetings, safety department meetings, 15 A. Water samples were taken. 15 safety meetings? 16 Q. For what tests if you can remember? 16 A. 1 can't remember. 17 A. The laboratory done this. 1 have no 17 Q. Okay. Do you have any knowledge of any 18 idea. 18 tests being done on fish for the 19 Q. Do you remember whether any tests were 19 presence of PCBs? 20 done on that basin we talked about 20 MR. MYERS: Object to the form. 21 earlier? 21 A. What 1 read in the paper. 22 A. Yes. 22 Q. Have you seen the fish advisories around 23 Q. And do you know what those tests were 23 Choccolocco Creek and Lake Logan Martin, Pages 45 - 48 HARTOLDMONO019053 1 2 A. 3 Q. 4 A. 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 A. 18 Q. 19 20 21 22 23 Page 49 the Coosa River? Not with my eyes. Have you read them in the paper? Yes. 1 think you said earlier you didn't have any responsibility for the disposing of wastes into landfills during your work there. Is that correct? You said the shipping department usually handled that? Yes. That wasn't in my department. Did you ever hear of any tests being performed around the landfill for the presence of PCBs? 1 don't know what the tests were for. Were you aware of tests? Tests were performed. Are you aware of any epidemiological studies on humans for the effects of PCBs? MR. MYERS: Object to the form, your definition of epidemiology. 1 2 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 16 A. 17 Q. 18 19 20 21 22 A. 23 Q. Page 51 read that? MR. MYERS: Object to the form, and ask for a clarification. Are you referencing the period of time of his employment? MR. COLEMAN: No. Just asking if he has ever heard that. MR. MYERS: Object to the form. 1 don't believe I've ever heard that. Have you ever read or heard that repeated bodily contact with the liquid Aroclors may lead to an acne form of skin eruption? MR. MYERS: Same objection. Not to my knowledge. Okay. Have you ever read or heard that a serous and disfiguring dermatitis may result when PCBs or Aroclors are allowed to remain in contact with the skin? MR. MYERS: Same objection. Not to my knowledge. Have you ever read or heard or been told Page 50 Page 52 1 A. Ask me again, please. 1 by anyone that exposures to PCBs at some 2 Q. Sure. Are you aware of any tests done 2 level may result in liver or kidney 3 or any studies made on the -- with 3 damage? 4 regard to PCBs in humans? 4 MR. MYERS: Same objection. 5 A. Yes. 5 A. Just what 1 read in the paper. 6 Q. Do you remember what those tests 6 Q. Have you ever read or heard that PCBs -- 7 revealed? 7 Strike that. 8 A. They give a number as far as PCBs, but 1 8 Have you ever read or heard that 9 don't know what it meant. 9 exposure to PCBs can cause -- can cause 10 Q. We'll get back to that in a little 10 any disfigurement in animals like fish? 11 while. Did you have any responsibility 11 MR. MYERS: Object to the form. 12 with regard to -- Strike that. Never 12 A. Just what 1 read in the paper, again. 13 mind. 13 Q. And what did the paper say about that? 14 I'm going to read you a couple of 14 A. Just read about the fish. That is all 1 15 things and ask you if you ever heard 15 can, you know -- 16 this or if anyone ever told you these 16 Q. What particularly did the paper say 17 things. Just tell me if you have and in 17 about disfigurement in fish? 18 what context. Experimental work in 18 A. 1 can't remember. You know, 1 just read 19 animals shows that prolonged exposure to 19 general things about it. 20 Aroclor vapors evolved at high 20 Q. Okay. That's fine. Have you ever read, 21 temperatures or by repeated oral 21 heard, or been told this statement: The 22 ingestion will lead to systemic toxic 22 amounts of PCBs being found in the 23 effects. Has anyone -- Have you ever 23 environment are not considered a danger Pages 49 - 52 HARTOLDMONO019054 Page 53 Page 55 1 to humans or fish; the whole question on 1 A. 1 read it in the paper. 2 chlorinated pesticides relates to birds? 2 MR. COLEMAN: Give me just a 3 MR. MYERS: Object to the form. 3 minute, guys. 4 A. Read it again, please. 4 (Discussion held off record.) 5 Q. Have you ever read or heard or been told 5 Q. With regard to the Krummrich plant we 6 this statement: The amounts of PCBs 6 were just talking about, do you have any 7 being found in the environment are not 7 knowledge of whether the Krummrich plant 8 considered a danger to humans or fish; 8 sent any PCBs to be incinerated in 9 the whole question on chlorinated 9 Anniston? 10 pesticides relates to birds? 10 A. Not to my knowledge. 11 MR. MYERS: Same objection. 11 Q. Did you have any role in your tenure at 12 A. 1 can't say yes, that 1 have heard it 12 Monsanto with regards to incineration? 13 just for birds. 13 A. Yes. 14 Q. Okay. What do you know about birds anc 14 Q. What was your job then? 15 PCB exposure? 15 A. The word "incineration" -- 16 A. 1 don't know anything. 16 THE WITNESS: Can 1 ask you 17 Q. Okay. Have you ever heard of Dr. Renat*317 another question? 18 Kimbrough? Does that name sound 18 (Discussion held off record.) 19 familiar? 19 A. Incineration? 20 A. Not to me. 20 Q. Yes. 21 Q. What if any contact did you have with 21 A. There was fuel put into the boiler. 22 the Krummrich plant during your entire 22 This was a type of incineration, 1 23 tenure? 23 assume. It was -- That is the way it Page 54 Page 56 1 A. No contact. 1 was put in there. 2 Q. Did you ever meet anyone from Krummrich? 2 Q. I'll try to be more specific. Did you 3 A. Yes. 1 have had people that visited 3 have any involvement with -- Strike 4 from that plant. 4 that. 5 Q. Did they ever talk to you about their 5 How many incinerators were at the 6 plant operation? 6 Anniston plant that you know about 7 A. No. 7 during your career there used for the 8 Q. Did they ever talk to you about PCBs? 8 incineration of waste material? 9 A. No. 9 A. 1 say three that 1 know of. 10 Q. Did you ever hear about the study that 10 Q. Was one specifically designated for the 11 was performed in the '70s on Krummrich 11 biphenyl department or the Aroclor 12 employees for exposure to PCBs? 12 department where you worked? 13 MR. MYERS: Object to the form, 13 A. Only the boiler. This was the biphenyl 14 particularly to the 14 department. 15 definition or the statement 15 Q. The biphenyl department, there was a 16 that this was a study. 16 boiler but not an incinerator for waste 17 A. I'm not aware of it. 17 material? 18 Q. Have you ever read, heard, or has anyone 18 MR. MYERS: 1 think the confusion, 19 ever told you the following statement: 19 Harrison, if there is any, is 20 Polychlorinated biphenyl in Inerteen can 20 that on one hand you are 21 have permanent effects on the human 21 talking about incineration, 22 body? 22 and then you are talking 23 MR. MYERS: Object to the form. 23 about a device called an Pages 53 - 56 HARTOLDMONO019055 1 2 3 A. 4 5 Q. 6 7 A. 8 9 Q. 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 19 A. 20 21 22 Q. 23 Page 57 incinerator. That is where 1 think there is a disconnect. 1 can't remember just for the Aroclor department. Do you know if waste material from your department was incinerated? I'm trying to think. I'm going to say yes, in fuel. But you never had any responsibilities for manning that incinerator? The boiler, 1 did. Okay. Just in my own mind, 1 need to get this right. What was the boiler used for? To produce steam for the plant. What I'm referring to is an incinerator that is used to destroy waste material, a burner. Not that 1 can remember for the Aroclor biphenyl departments, not an incinerator for that department. All right. You testified earlier that sometimes you swept out a tank and the 1 A. 2 Q. 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 Q. 17 A. 18 19 20 21 22 Q. 23 Page 59 I'm sorry. 1 just can't remember. We're talking about during your time as an operator from 1961 to 1966 through the time you were a chief operator from '71 to '77; is that correct? MR. MYERS: Is that the question now, because the earlier incineration was during his tenure. Come back and tell me again. Do you remember specifically during your time in the Aroclor department as an operator or chief operator using products as fuel for the boiler? No, no. When were products used for the boiler? When 1 was electrician we were responsible for the boiler. That's when they -- the boiler 1 believe started using -- to my knowledge, they started using this other product as a fuel. Do you remember any products that you know were PCB containing products used Page 58 Page 60 1 material was put in barrels and then you 1 as fuel for the boiler? 2 put it on a crate and sometimes the 2 A. We keep saying PCBs. When 1 was -- All 3 waste water was put into -- was 3 the time 1 was in the plant, this was a 4 sometimes put into a barrel. 1 just 4 word we never heard used. It was 5 wanted to know if any waste material in 5 Aroclor and biphenyl. PCB just wasn't a 6 your department during your tenure at 6 word for us. 7 Monsanto was to your knowledge taken to 7 Q. Thanks for clarifying that. If you want 8 an incinerator like 1 described. 8 1 will go through the list of Aroclors 9 MR. MYERS: Waste material that 9 you mentioned earlier. I'm talking 10 you just defined or gave 10 about this list of products you said you 11 examples of? 11 worked on and whether those products 12 Q. I'm saying waste materials of any type 12 were used as fuel for the boiler. 13 in your department. 13 A. Back then, no. We weren't using the 14 A. 1 don't remember being incinerated, no. 14 products as a fuel. 15 Q. The boiler that you talked about, was it 15 Now, if 1 can back up a minute, 16 used to incinerate -- was that the fuel 16 you asked me a question. One of the 17 for the -- Sorry. 17 products that was used as fuel was 18 What was the fuel for the boiler? 18 Montar, which is an off-gas that is not 19 A. 1 don't remember -- It was natural gas. 19 PCB. 20 Q. Okay. 20 Q. Okay. During your time at Monsanto the 21 A. And then they took a mixture of products 21 entire time you were there, do you 22 and put it in there as a fuel. 22 remember any explosions or ruptures in 23 Q. Okay. What products? 23 the lines that might have caused an Pages 57 - 60 HARTOLDMONO019056 Page 61 Page 63 1 escape of products into the atmosphere? 1 talking about what the value 2 MR. MYERS: Object to the form. 2 was. 3 A. Products? 3 MR. COLEMAN: I'm sorry. Thank 4 Q. Any products. Do you remember any 4 you for clearing that up. 5 explosions? 5 Q. You say was somewhere in the sixties? 6 A. Yes. 6 A. That was the number. 7 Q. Do you remember when? 7 Q. When did you take your test? 8 A. Date, no. 8 A. 1 don't remember. I'm sorry. 1 can see 9 Q. Do you remember what job was were doing 9 where that can be confusing. 10 at the time? 10 Q. Has anyone in your family had their 11 A. It was when 1 was in maintenance. 11 blood tested for PCBs? 12 Q. Okay. 12 A. No. 13 A. Parathion department. 13 Q. Have you ever been diagnosed with 14 Q. How about any time you were an operator 14 cancer? 15 or chief operator? 15 A. No. 16 A. Yes. 16 Q. Anyone in your immediate family? 17 Q. Do you remember what happened? 17 A. No. 18 A. The main thing 1 can remember is in the 18 Q. Have you ever been diagnosed with liver 19 wintertime your Montar line was -- would 19 damage? 20 freeze up. And when it would heat up, 20 A. You say immediate family, are you 21 the gasket would give out. 21 talking about my wife or children? 22 Q. And that would cause a rupture? 22 Q. Yes. 23 A. Yes. It became a solid as soon as it 23 A. No. 1 2 Q. 3 4 5 6 A. 7 Q. 8 9 10 A. 11 Q. 12 A. 13 14 Q. 15 A. 16 17 Q. 18 A. 19 Q. 20 A. 21 22 23 Page 62 hit the air. 1 Any other ruptures or explosions? 2 Q. MR. MYERS: While he was in 3 Aroclor? 4 A. MR. COLEMAN: Yes. 5 It has been so long, 1 can't remember. 6 Q. Fair enough. Do you -- Have you ever 7 A. had your blood tested for the presence 8 Q. of PCBs? 9 Yes. 10 A. Do you know what your level is? 11 Q. It has been a number of years ago. 1 12 think it was in the sixties. 13 A. Was that performed on site? 14 Q. 1 went to the doctor's office, the 15 company doctor. 16 A. And you don't know the date? 17 Q. No. 18 A. But you think it was in the '60s? 19 Q. No. It was later than that, much later. 20 MR. MYERS: No, no. 1 think - 21 A. Somebody is talking about 22 dates, and somebody is 23 Page 64 What was the other question? Have you ever been diagnosed with liver damage or liver problems? No. I'm in good health as far as 1 know. Are you on a pension? Yes. And benefits, does that include benefits too? Yes. Do you have any family working at Monsanto? No. Do you keep in contact with any friends that are presently working at Monsanto? Yes. And who are they? Brian Thrasher. You did say contact? Just, you know, friends that are currently working at Monsanto. I'd say the plant manager, 1 have contacted with him, you know. Most is just in passing contact. Pages 61 - 64 HARTOLDMONO019057 Page 65 Page 67 1 Q. Did you speak to anyone from Monsanto 1 Q. Yes. That might be wrong here. What 2 prior to this deposition? 2 job was performed by laborers with 3 A. 1 was contacted by Jerry Brown 3 regard to still bottoms? 4 concerning this. 4 A. They were put in metal drums, 5 Q. What did you talk about? 5 containers, cooled and placed on 6 A. He wanted to know when it was convenient 6 pallets. 7 for me to come in, told me Mr. Kelly 7 Q. Did you have any responsibility for 8 would call me and make arrangements. 8 placing them on pallets? 9 Q. Did he tell you about what he thought 9 A. No. 10 you would be testifying about? 10 Q. That was a laborer job also? 11 A. No. 11 A. Yes. 12 Q. Give you any pointers? 12 Q. Do you have any idea where those drums 13 A. No. 13 went? 14 Q. Did you ask for any? 14 A. No, 1 don't. 15 A. No. 15 Q. This 1 think is going to be the last 16 Q. Okay. Do you know -- You said earlier 16 question. Did the boiler that we talked 17 that Montars do not contain PCBs. Is 17 about earlier, did it have a scrubber? 18 that right? 18 A. 1 can't recall. 19 A. PCBs as you are saying is 19 MR. COLEMAN: All right, sir. 20 polychlorinated biphenyls? 20 (The deposition concluded at 21 Q. Correct. 21 12:50 p.m.) 22 A. So this is a product before it went into 22 23 the chlorinator. It is a biphenyl 23 1 2 Q. 3A 4Q 5 A. 6 7 8 9 Q. 10 11 12 A. 13 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 21 A. 22 Q. 23 A. Page 66 Page 68 product. 1 1 do hereby certify that the witness Montar is a biphenyl product? Right What are still bottoms? That is after the product was produced and went into a still. They still the 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and product off, and what was left in there 8 afterwards transcribed by means of computer is called still bottoms. 9 aided transcription. The foregoing is a true And did you have any responsibility in your entire tenure at Monsanto for cleaning up still bottoms? No. The labor department did this. In that day we had what is called laborers. You said in that day. What time period 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 1 do further certify that 1 am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 1 am not an employee of any of them, nor 16 interested in the matter of controversy. are you talking about here? 17 IN WITNESS WHEREOF, 1 have hereunto set When 1 was an operator. 18 my hand and affixed my notarial seal at So '61 to '66? Yes. And did you ever witness these laborers cleaning up these still bottoms? Yes. How was that job performed? 19 Gadsden, Alabama, County of Etowah, this 6th 20 day of January 2002. 21 ueDoran oaiers ocureu 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large Did you say cleaning up? My Commission expires: 3-6-05 Pages 65 - 68 HARTOLDMONO019058 [& - aroclors] Transcript Word Index & & 1:162:3,10____________ 1 10019 2:4 11:00 1:14 3:8 1140 36:21 1142 36:21 1148 37:1 12:50 67:21 1240 36:21 1242 36:21 1248 37:1 1268 36:23 1355 2:11 1633 2:4 1937 21:7 1961 10:8,10,19 13:1,22 14:18 15:11 30:12 59:3 1965 9:5 1966 11:4,5 13:1 20:15 59:3 1967 22:15 33:11 1972 9:5 1977 12:2 22:15 33:11 37:8 1980 12:3,9 1992 9:7,13 1994 12:12 2 200 2:6 2001 1:15 3:84:1 2001-832 1:5 2002 68:20 202 28:7,10 28 1:153:7 4:1 29th 21:7 3 2:13 30309 2:11 304 2:6 35901-0755 1:21 3-6-05 68:23 36207 8:5 4 4 2:17,21 400 1:17 40202 2:7 4700 8:4___________________ 5 5460 36:23________________ 6 60s 8:20 62:19 61 66:17 66 13:23 14:18 15:12 30:13 66:17 67 11:1820:16 68 2:14 6th 68:19 7 70s 54:11 71 59:5 750 2:11 755 1:21 77 11:1941:8,11 59:5 8 80 12:3 37:9,941:11,12 92 9:6,6 94 37:1041:9,12_______ a a.m. 1:153:8 aaron 1:9,11 2:16 3:4 4:3,15 abernathy 1:3 absorb 17:2 absorbed 17:4 absorption 34:23 accomplish 13:5 39:18 accurate 68:10 acne 51:13 action 1:5 actual 15:20 adding 40:10 address 8:3 addresses 8:15 advisories 48:22 affixed 68:18 aforesaid 68:5,11 agents 68:14 ago 31:1662:12 agree 42:2 agreed 3:2,9,15,22 ahead 5:14 16:7 aided 68:9 air 15:18 18:1240:17,1862:1 al 1:3,6 alabama 1:1,2,18,21 3:6,7 4:1 8:4 68:19,23 allowed 51:19 alpharetta 10:2 amberwood 8:4 amounts 52:22 53:6 analysis 45:8,19 analyzed 20:1 analyzing 20:4 animals 45:4 50:19 52:10 anniston 1:17 3:7 4:1 8:4,12,21,23 10:1 45:18 55:9 56:6 answer 7:8 15:8 26:11 38:1341:5 answered 40:19 anybody 23:16 appreciate 7:13 approximately 8:1022:14,15 area 9:15,23 27:3,5 28:3,4 29:3 45:18 arm 14:2 aroclor 10:22 13:2 15:1321:3 36:17 38:16 47:5 50:20 56:11 57:3,19 59:12 60:5 62:4 aroclors 30:1 32:6 34:12,18 38:11 51:13,1960:8 HARTOLDMONO019059 [arrangements - coleman] arrangements 65:8 asked 5:7 60:16 asking 51:7 assign 3:19 assist 25:9 associated 34:8 assume 55:23 atlanta 2:11 atmosphere 61:1 attached 2:23 68:2 attorney 5:23 attorneys 7:18 68:14 attributes 15:15,18 available 5:23 6:1 aware 46:9 49:16,18 50:2 54:17 b back 8:17 10:1621:1622:4 39:20 42:15 47:22 50:10 59:1060:13,15 bad 24:5 bank 1:17 barbara 24:13 barrel 44:19 58:4 barrels 17:14 39:11 58:1 basin 28:2,5,13,16,20 29:18 46:20 47:6 beginning 10:10,1521:6 believe 5:21 27:2341:1051:10 59:19 benefits 6:9 64:8,8 benson 2:3 benzine 38:9,10 best 41:1444:14 big 16:16 biphenyl 11:17 12:4 13:1821:12 22:16 36:23 37:11 38:6,14 38:15,19 39:5 54:20 56:11 56:13,15 57:20 60:5 65:23 66:2 biphenyls 65:20 birds 53:2,10,13,14 birthday 21:6 blood 62:8 63:11 68:13 blowing 18:11 board 47:4 bodily 51:12 body 34:23 35:5 54:22 boiler 55:21 56:13,16 57:11,13 58:15,18 59:14,16,18,19 60:1,1267:16 boots 32:13 bottoms 66:4,8,11,20 67:3 break 7:1742:13,14 breathing 35:1,6 brian 64:18 bring 5:7 broad 38:23 broadway 2:4 brought 19:20 31:20 35:8 brown 65:3 bucket 19:2 building 1:172:6 18:8 21:4 27:2 bulletin 47:4 burner 57:18_______________ c calculating 21:8 calhoun 1:2 call 65:8 called 17:22 56:23 66:8,13 cancer 63:14 canister 33:3 40:13 care 17:9 43:21 career 30:7 56:7 carried 19:7 case 4:12 catch 28:2,5 caught 20:3 42:9 cause 52:9,9 61:22 68:4 caused 60:23 caution 41:15 cautioned 68:3 certain 19:22 certainly 39:1 certainty 41:20,21 certificate 2:14 certified 1:12 68:22 certify 68:1,12 chain 25:14,16 26:2 changed 26:1,2 charge 22:19 23:3 Charles 2:5 chief 11:1520:1821:11 22:14,17 22:18 24:3,8,18 25:11,21 25:23 26:3,5,7,16 33:10,18 34:6,12 42:7 59:4,13 61:15 children 9:18,20 63:21 chlorinated 53:2,9 chlorinator 65:23 chlorine 13:18 38:20 39:6 choccolocco 48:23 circuit 1:1 civil 1:5 clarification 25:19 51:3 clarifying 60:7 clean 16:18 42:23 cleaned 17:3 cleaning 17:1,11 25:4 39:15,21 40:1 41:2 42:22 66:11,20,23 cleanup 27:2 clearing 63:4 clearly 7:6 clerk 11:1020:15,1721:2,10,16 21:1935:16 climb 40:3,7 climbing 42:7 clock 21:1 clothes 14:10,11 32:14 clothing 14:9 coleman 2:3,17 4:8,9,16 6:5 25:22 30:23 32:9 41:13 42:2,15 HARTOLDMONO019060 [coleman - drums] coleman (cont.) 51:7 55:2 62:5 63:3 67:19 collect 43:5 coming 36:1 command 26:2 commencing 1:14 commission 68:23 commissioner 1:14 3:6,23 common 43:9 community 9:1 company 1:6 23:14 62:16 complete 26:20 compliance 3:13 computer 68:8 concerning 65:4 concluded 67:20 confusing 31:2 63:9 confusion 56:18 connected 17:1868:13 considered 52:23 53:8 consistency 20:9,10 consolidated 1:6 contact 51:12,20 53:21 54:1 64:14 64:18,23 contacted 64:22 65:3 contain 16:1865:17 contained 39:8 68:5 container 19:7 containers 17:6 29:15 67:5 containing dangerous detail 16:22 36:18 59:23 31:23 19:3 20:20 contents date device 36:6 61:8 62:17 56:23 context dates diagnosed 50:18 11:2 21:13 62:23 63:13,18 64:2 control day dip 15:21 17:23 18:2,6,21 19:8 14:12 23:21 66:13,14 68:20 19:1 19:11,13,20 27:6 28:22,23 daytime discharged 29:5 21:1 47:11 48:2 controversy dealt disconnect 68:16 7:1 57:2 convenient dearmanville discussed 65:6 9:23 31:14 cooled deborah discussion 18:10 19:22 20:2 29:12 1:12 3:5 68:21 34:7 55:4,18 67:5 december disfigurement coosa 1:153:7 4:1 52:10,17 49:1 defendants disfiguring correct 1:7 2:8 51:18 37:12,13 49:8 59:5 65:21 defined disposal counsel 58:10 25:11 3:3,17,18 definition disposing county 49:22 54:15 49:6 1:1,2 68:19 department distribute couple 6:23 11:17,22 12:5,6,15 23:6 50:14 13:3 15:13,16,1921:3,12 division court 22:16 30:14,17 31:5,12 10:21 1:1 3:147:8 33:22 37:8,11,19 38:4,6 doctor crate 39:14,20,23 41:8 43:21 62:16 58:2 47:5 48:14 49:9,11 56:11 doctor's crawl 56:12,14,15 57:4,6,21 58:6 62:15 42:23 58:1359:1261:1366:12 document creek departments 5:1 47:8,11 48:3,23 42:20 57:20 documents crew department's 5:7,16,20 6:20 22:20 31:13 doing csr depend 42:8 61:9 3:5 40:15 doors Cunningham deposition 18:7 2:5 1:9,11 3:4,10,11,204:10,19 dr cup 5:2,4,6 7:3 37:4 65:2 67:20 53:17 19:1 68:2 drain current depositions 27:10 28:22 29:2,17 48:9 8:2 3:14 drains currently dermatitis 27:13,14,18,22 64:20 51:18 drive curry describe 8:4 24:13 15:1526:15 drummed cv described 44:16 1:5 32:8,10 58:8 drumming d damage 52:3 63:19 64:3 danger designated 56:10 destroy 57:17 13:11 drums 17:7,8,11 43:5,20 44:12 67:4,12 52:23 53:8 HARTOLDMONO019061 [dry - go] dry 16:20,21 44:12 duly 4:4 68:3 duties 18:1 21:22______________ e earlier 29:4 32:8,10 37:22 43:14 46:21 48:13 49:5 57:22 59:7 60:9 65:16 67:17 east 8:8 10:1 eating 22:8 edward 2:9 effect 3:12 effects 31:19 34:17,22 35:5 49:19 50:23 54:21 effluent 48:2 effluents 47:10 48:8 ei 37:9 39:14 41:12 either 25:23 27:5 42:6 electrician 12:8,13 59:17 employee 34:1 48:5 68:15 employees 54:12 employment 47:20 48:11 51:6 emptied 39:19 entail 16:19 entire 30:7 41:7 53:22 60:21 66:10 environment 52:23 53:7 epidemiological 49:18 epidemiology 49:23 equipment 40:11 eruption 51:14 escape f forward 61:1 face 8:16,20 10:16 esq 14:6 23:6 32:12 found 2:3,5,9,10 failing 52:22 53:7 estimate 41:19 23:16 fair four 5:14 estimates 11:3 13:20 62:7 freeze 21:14 familiar 61:20 et 17:1953:19 frequent 1:3,6 family 33:17 etowah 63:10,16,20 64:11 fresh 1:1 68:19 fan 40:17 events 7:23 18:9,11,13 friedman 25:17 35:21 far 2:3 evidence 8:9,17 9:11 14:2 26:23 friends 3:21 39:21 40:15 50:8 64:4 64:14,19 evolved fenced fuel 50:20 exactly 28:3,4 filing 55:21 57:8 58:16,18,22 59:14,21 60:1,12,14,17 48:1 3:23 full examination final 3:12 4:13 33:2 4:7 44:9 fumes examined fine 38:4 4:5 13:20 52:20 further example finished 68:12 6:11 13:1222:1 40:3 20:6 g examples firing gadsden 58:11 excuse 22:22 first 1:21 68:19 garrett 21:17 exhaust 4:4 8:15 29:20 43:10 68:3 1:12 3:5 68:21 fish gas 18:13,14,17 48:18,22 52:10,14,17 53:1 38:1,2,5 40:18 58:19 60:18 exhibit 53:8 gasket 4:21 fite 61:21 exhibits 1:16 gear 2:22,23 five 13:21 21:18 23:13 32:2,5 experimental 8:10 12:19 14:18 34:18 37:18 50:18 following general expires 54:19 9:14 11:19 12:21 14:10 68:23 follows 16:11 27:1 32:3 52:19 explosions 60:22 61:5 62:2 4:5 force generally 23:5 24:1 31:16 33:23 exposure 3:12 31:19 34:8 45:5 50:19 52:9 foregoing georgia 2:11 10:2 53:15 54:12 68:9 give exposures foreman 7:7 10:1341:1850:8 55:2 52:1 extend 14:3 extent 24:3,3,5,9 26:6 61:21 65:12 form given 3:18 16:6 26:13 33:6 34:19 68:11 35:2 38:23 45:10 46:7 glasses 35:10 47:12 48:20 49:21 51:2,9 14:8 32:14 eyes 51:13 52:11 53:3 54:13,23 gloves 49:2 61:2 14:1,2 23:6 32:12 forth go 1:19 5:14 10:9,16 16:7 20:20 21:23 32:11 39:20 47:22 HARTOLDMONO019062 [go - landfills] go (cont.) 60:8 goggles 14:6 23:7 32:13 going 7:9 8:14 11:1,12,1920:18 50:14 57:7 67:15 golden 9:15 good 25:22 64:4 grandchildren 10:3,4 gravity 20:6,11 grounds 3:19 guess 11:1 16:22 25:1841:14,18 42:1 guy 23:20 guys 55:3___________________ h hand 56:20 68:18 handing 23:22 handle 34:11 handled 43:3 49:9 handling 32:5 34:17 hands 25:1 happen 26:4 48:4 happened 17:8 35:21 44:23 61:17 happens 25:16 hard 14:7,8 23:20 32:13 harrison 2:3 4:9 56:19 hat 14:7,8 23:20 32:14 head 7:23 health 30:19 31:7,19 34:1,7 35:5 37:14 48:13 64:4 hear 49:12 54:10 heard incidentally k 50:1551:8,10,11,17,23 20:16 35:12 kasowitz 52:6,8,21 53:5,12,17 54:18 incinerate 2:3 60:4 58:16 keep heat incinerated 60:2 64:14 61:20 55:8 57:6 58:14 kelly held incineration 65:7 10:14 37:7 38:21 55:4,18 55:12,15,19,22 56:8,21 kentucky helms 59:8 2:7 2:10 incinerator kept hereto 56:16 57:1,10,16,20 58:8 21:15 2:23 incinerators kidney hereunto 56:5 52:2 68:17 include kimbrough high 64:8 53:18 50:20 inerteen kind highway 54:20 12:20 26:2 33:4 34:1 35:16 28:6,7,10 information kinds hiring 45:21 34:3 22:22 ingestion know history 50:22 7:5,15,18 11:13 15:5 18:14 10:9 inside 18:17 19:4 22:1024:16 hit 15:16,17 28:2 26:4,14 27:10,18 28:9,15 62:1 instructions 28:1829:10,17,1930:10 hold 34:11 31:15 36:2 37:4 38:13 41:1 11:11 interested 46:1,2,4,23 47:8,10,17 home 6:6 68:16 49:15 50:9 52:15,18 53:14 5:176:11,148:7 interview 53:16 56:6,9 57:5 58:5 hope 29:21,23 30:3,7,10 59:23 62:11,17 64:5,19,22 21:13 involved 65:6,16 hose 31:11 knowledge 27:5 40:22 involvement 5:19 15:7 17:1628:12 hoses 56:3____________________ 34:20 35:8,15 38:12 44:14 27:7 j 44:17 45:4,7,14,15,17 47:7 housekeeping 26:17,19,20,22 27:8 huh 7:7 human 35:5 54:21 humans 49:19 50:4 53:1,8 hunting 40:10 january 68:20 jerry 65:3 jessie 4:15 job 10:9,10,10,13,14 11:11 15:11 18:1 20:1721:1,2 26:19 29:21,23 30:3 32:17 48:17 51:16,22 55:7,10 58:7 59:20 krummrich 53:22 54:2,11 55:5,7 I lab 29:9 labor 66:12 laboratory 41:1 55:14 61:9 66:22 67:2 46:17 idea 67:10 laborer 46:18 67:12 jobs 67:10 identification 10:1837:17 laborers 2:23 4:23 joined 66:13,19 67:2 immediate 29:20 lake 63:16,20 july 48:23 implementation 21:7 landfill 23:2 jump 49:13 important 22:3 landfills 26:19 49:7 HARTOLDMONO019063 [large - notarial] large 3:7 68:23 late 36:23 laundered 14:15,16 32:15 law 1:16 lawrence 2:10 laws 3:13 lead 50:22 51:13 leading 3:18 leak 40:9 learn 34:22 learned 48:6 leave 14:12 left 48:6 66:7 level 30:21 52:2 62:11 levels 46:6 liberty 2:6 life 8:18 line 61:19 lines 60:23 liquid 17:2 51:12 list 10:19 32:11 37:21 43:14 60:8,10 listing 36:17 little 7:22 12:18 20:20 50:10 live 9:4,13,22 lived 8:11,18,21,23 liver 52:2 63:18 64:2,3 lives 9:23 10:2 Up mean montars 2:3 31:1647:19 65:17 logan means monthly 48:23 68:7,8 33:19 34:4 long meant months 10:23 11:11 23:431:15 50:9 16:1 62:6 measures moore lot 23:2 26:17,22 37:23 2:10 36:21 37:1 mechanic mopped louisville 12:1 37:8,19 39:14 41:8 44:10 2:7 medical morning lumping 30:16 31:5,12,13 33:22 4:11 34:2 meet morrissey lunchroom 54:2 2:6 22:6,11_______________________ meeting move m 35:14,20,21,23 36:3,6 20:14 22:13 main 61:18 maintenance 11:22 12:6 37:7,18 39:13 41:8,11 42:8,19,21 61:11 making 13:4 23:11 management 30:20 manager 64:21 manning 57:10 manuals 6:14 mark 24:13 marked 2:20,22 4:22 marriage meetings moving 30:14,16,19 31:4,5,6,9,10 8:16 31:15,20 33:12,15,20,21,21 msdss 33:23 34:3 35:9,13 36:9 6:11 36:12 48:13,14,14,15 mullis memory 2:10 16:12 myers men 2:10 4:16,20 5:11 6:4 7:21 23:3 16:6 25:15,18 26:13 30:22 mentioned 32:7 33:6 34:19 35:2,7 60:9 38:22 41:10,1542:1245:10 metal 46:7 47:12 48:20 49:21 17:6,8 67:4 51:2,9,15,21 52:4,11 53:3 methods 53:11 54:13,23 56:18 58:9 43:9 59:6 61:2 62:3,21_________ miles 8:109:12 miller 1:16 millwright n name 4:9,14 24:10 47:18 53:18 natural 58:19 68:13 married 9:16 martin 48:23 mask 38:1,2,5 40:18 material 16:20 17:5 25:12 38:14 43:17 56:8,17 57:5,17 58:1 58:5,9 materials 6:21 13:6,7,14 14:18 23:12 23:17 28:19 38:10 39:4 58:12 matter 68:16 meals 22:5,8 12:1 mind 8:14 12:1721:14,15 36:3 36:16,22 50:13 57:12 minute 5:15 21:17 39:21 55:3 60:15 minutes 35:23 36:2,9 mixture 58:21 monsanto 1:6 6:18,23 8:6 10:7,10,11 29:20 30:7 36:20 37:15 45:12,16 46:10 47:21 48:5 55:12 58:7 60:20 64:12,15 64:20 65:1 66:10 montar 60:1861:1966:2 ne 2:11 near 28:6 necessarily 43:16 necessary 3:16 need 7:16 57:12 new 2:4,4 newsom 2:9 nine 21:9 north 8:21 notarial 68:18 HARTOLDMONO019064 [notary - protective] notary operation pcb pointers 3:6 68:23 27:3 54:6 31:19 34:8 36:18 45:5 65:12 notes operator 53:15 59:23 60:5,19 polychlorinated 35:14 10:20 11:15 13:1,3,22 pcbs 54:20 65:20 notice 14:20 15:11 20:18,19 21:11 6:22 7:1 30:4 31:22 32:6 portion 3:22 4:18 5:2,6 22:4,14,17 24:8,19,20 25:2 34:11,23 35:6 45:9,19 46:6 42:17 number 25:4,11,20,21,23 26:1,3,3,5 46:12,13 48:19 49:14,20 positions 4:21 50:8 62:12 63:6 26:7,16,16 30:12 32:19,20 50:4,8 51:19 52:1,6,9,22 30:8 37:7 numbers 33:11,18 34:6,13 42:6,7 53:6 54:8,12 55:8 60:2 62:9 possession 36:22 42:3 59:3,4,13,1361:14,15 63:11 65:17,19 5:8,17 o 66:16 peachtree object 16:6 26:13 33:6 34:19 35:2 38:22 45:10 46:7 47:12 48:20 49:21 51:2,9 52:11 53:3 54:13,23 61:2 objection 35:7 51:15,21 52:4 53:11 objections 3:16,19 occasional 26:8 occupations 12:19 offered 2:20,23 3:21 office operators 18:3 22:18 26:7 opportunity 4:17 30:6 optional 14:23 oral 50:21 outside 15:17,20,23 16:2,4 19:9 21:21 24:23 27:3,6,15 32:2 39:8 overhead 18:13 overly 38:23 5:3 21:22 62:15 P offices p.m. 1:16 67:21 oh page 33:13 2:13,16 oil pallet 16:20,21 17:12 44:1,20 okay pallets 5:20 7:20 8:1,11,20,22 9:4 67:6,8 9:16 10:23 11:5,7,14,16,21 paper 12:2,13,17 13:5,20 14:5 33:3 45:20,22 46:2 48:21 17:20 18:20 20:1,7 21:5 49:3 52:5,12,13,16 55:1 22:21 24:12 25:3 26:10 parathion 27:15 29:8,14 31:9 33:10 38:461:13 34:10 40:12,19 42:5 44:13 part 45:3 46:5,14 47:8 48:17 27:8 32:3 33:14 44:9 51:17 52:20 53:14,17 57:12 participate 58:20,23 60:20 61:12 65:16 29:21 old participation 21:9 31:14 once particular 19:18 20:2 40:20 43:19 12:1522:1929:1032:17 ones 36:13 39:4,22 46:13 47:18 31:11 particularly open 37:16 52:16 54:14 15:17 18:7,8 parties operating 3:3 68:14 29:8 passing 64:23 2:11 pension 64:6 people 35:17 54:3 performed 21:22 41:2 49:13,17 54:11 62:14 66:22 67:2 period 30:22,23 33:1,18 51:5 66:14 periods 43:12 permanent 54:21 person 19:1520:3 48:1 personal 45:3,7 pesticides 53:2,10 physical 15:15,18 picking 27:3 place 22:8 25:17 placed 67:5 placing 67:8 plaintiffs 1:4,152:2,204:11,21 plant 8:6,23 9:9 12:7,14,16,19 14:13,15 21:23 22:9 26:18 30:20 32:3,15 36:10 39:7 45:13 46:11 47:14 53:22 54:4,6 55:5,7 56:6 57:15 60:3 64:21 please 4:13,14 5:22 7:12 8:2,3 31:1 50:1 53:4 point 25:15 posted 36:9 pourer 19:6 presence 46:12 48:19 49:14 62:8 68:6 presently 64:15 prior 3:21 65:2 problems 25:2 64:3 process 18:20 24:23 29:11 30:11 44:6 processed 13:9 produce 57:15 produced 66:5 product 19:5 20:6 40:16 43:4,10,13 59:21 65:22 66:1,2,5,7 production 13:10 15:20 24:23 38:11,16 39:20,23 42:19,20 43:1 products 13:4,15,17 16:5 36:13,17 36:18 38:20 39:2 43:16,17 58:21,23 59:14,16,22,23 60:10,11,14,1761:1,3,4 professional 1:13 68:22 prolonged 50:19 prop 17:12 proper 23:12,12 protection 40:15 protective 14:9 32:2,5 34:18 37:18,23 HARTOLDMONO019065 [protocol - samples] protocol 37:15 provided 32:4 public 3:6 68:23 pulled 18:18 pumped 44:7,9 punishing 23:16 punishment 15:2 purpose 40:8 pursuant 1:18 put 13:7 17:6 44:12 47:4 55:21 56:1 58:1,2,3,4,22 67:4 putting 33:14 43:23 44:19_______ q question 7:15 18:23 25:22 26:10 34:14 35:3 42:11,16 47:22 53:1,9 55:17 59:6 60:16 64:1 67:16 questions 3:17,18 12:21 40:20 r rags 44:11 raw 13:6,7,14 38:10,14 39:3 43:17 read 5:11,13,15 35:1942:15,18 45:20 48:21 49:3 50:14 51:1,11,17,23 52:5,6,8,12 52:14,18,20 53:4,5 54:18 55:1 reading 3:10 46:2,5 really 34:15 38:13 46:4 reason 23:4 reasonable 41:19 reasonably 41:21 recall 67:18 receive rephrase retire 19:13 7:16 12:11 receiving report retired 11:8 24:7 26:6,8,12 6:18 37:10 record reported retirement 4:14 7:11 42:17 55:4,18 25:14 6:8 10:11 12:10 reduced reporter revealed 68:6 1:13,14 7:8 68:22,22 50:7 referencing reporter's review 51:4 2:14 6:1 referring reporting right 57:16 1:20 20:14,22 21:8 22:13 24:14 reflected reprimand 24:17 37:5 38:17 44:2 35:20 23:21,23 57:13,22 65:18 66:3 67:19 regard reprimanded risks 50:4,12 55:5 67:3 15:6,9 34:7 regarding reprimands river 22:8 15:4 49:1 regardless request role 16:16 5:9 13:11,22 26:15 55:11 regards requested room 55:12 42:17 15:21 17:20,23 18:2,6,21 regional requests 19:8,11,13,20 27:6 28:22 1:20 5:18,22 28:23 29:5 registered required roughly 1:13 68:22 14:22 15:1 31:13 37:17 37:8 relate 41:17,23 rpr 6:22 requiring 3:5 related 5:2 rule 31:7 37:16 respect 22:7,10 relates 38:8 rules 53:2,10 respective 3:13 7:5 32:3 relating 3:3 run 3:14 respirator 15:21 18:4,10 19:22 relation 33:4 38:1,3,6 40:5,13,14,18 rupture 8:6 9:9 28:4 respirators 61:22 remain 32:23 33:2,7 ruptures 51:20 responsibilities 60:22 62:2 remember 10:17 12:22 13:2 22:17 s 13:16,19 15:19 16:4,14 22:7 24:10 29:14 31:8,10 31:17,18,21 32:1,21 33:1,7 33:12 34:6,9,10 35:10,12 35:22 36:5,11,12 37:2,3 43:11 44:8,8,15 45:1,2 46:5 46:16,19 47:3,18,23 48:16 50:6 52:18 57:3,19 58:14 58:19 59:1,11,22 60:22 61:4,7,9,17,18 62:6 63:8 remind 24:2 renate 53:17 repeated 50:21 51:12 25:7,10 39:15 57:9 responsibility 16:15 17:1023:1,15,19 24:18,22 25:3 26:5 28:16 28:19 39:13 40:21 42:5 43:23 44:19 49:6 50:11 66:9 67:7 responsible 22:21 23:11,22 33:14 38:17 59:18 responsive 5:8,18,21 result 51:19 52:2 results 46:3,4 47:1,5 sabrina 1:3 safety 6:14 13:21 14:8,1721:18 23:2,12,17 30:13 31:3,10 32:14 33:12,21 35:9 37:14 48:14,15 saks 8:21 salers 1:12 3:5 68:21 sample 19:2,6,6 20:3 samples 15:21 17:21 18:3,4,10,21 19:9,14,16,18,23 20:1,4 29:7,12,15 45:8,17 46:3,6 HARTOLDMONO019066 [samples - test] samples (cont.) 46:15 sampling 24:19 sand 16:20 sands 16:21 santowax 13:17 38:15,19 39:5 saw 24:1 saying 35:17 58:12 60:2 65:19 scan 5:9 scrubber 67:17 seal 68:18 secretary 35:16 seen 5:1 48:22 sense 39:7 sent 55:8 separate 21:4 42:19 serous 51:18 service 1:20 set 1:18 19:21 68:17 sewer 48:9 shield 32:13 shields 14:6 23:6 shift 20:23 22:18,20 shipping 11:8 17:9,13 43:21 49:9 shoes 14:6 short 42:13 shorthand 1:13 68:22 shown 36:12 shows 50:19 signature spill supplied 3:10 16:15,18 25:12,14,16 26:11 40:17 sink spills sure 18:9 19:21 29:4,5,8,9 16:4,8 25:5 26:8 16:1021:1823:11 27:20 sink's spot 28:18 35:4 37:1 47:23 50:2 29:17 42:9 sweep sir springs 43:5 67:19 9:15 sweeping site start 27:1 43:11 62:14 10:6,12,15,18 12:23 15:23 swept six 21:5 43:8,9 43:18 57:23 40:19 started sworn sixties 59:19,20 4:4 68:3 62:13 63:5 starting system skin 8:15 18:5 51:14,20 state systemic small 1:1 4:1,13 8:2 50:22___________________ 16:17 26:12 33:3 statement t smith 2:10 snow 47:8,11 48:3 soil 45:8,17 46:3,6 solid 61:23 somebody 62:22,23 soon 25:16 61:23 sorry 9:6 22:3 31:2,17 34:16 58:17 59:1 63:3,8 sort 22:19 sound 53:18 sources 45:21 southtrust 1:17 speak 7:21 65:1 speaking 6:4 7:5 special 32:4,16 37:22 specific 20:6,11 34:10 36:6,17 42:3 52:21 53:6 54:15,19 steam 57:15 steel 14:6 32:13 stenography 68:7 stick 16:12 stipulated 3:2,9,15,22 stipulations 1:182:13 storeroom 11:6,1020:15,1721:1,2,10 21:16,1923:10 storm 27:14,18,21 48:9 street 1:21 2:6,11 strike 30:11 33:9 38:18 50:12 52:7 56:3 structure 39:7 studies 49:19 50:3 study 54:10,16 subject 6:1731:1848:12 taken 1:12 3:5 17:21 19:7,9,11 42:14 45:8,17 46:15 58:7 68:2 talk 4:18 7:17 37:14 47:17 48:3 48:4,8 54:5,8 65:5 talked 29:4 31:3 33:20 39:2 46:20 48:13 58:15 67:16 talking 6:21 27:16 28:7 32:18 55:6 56:21,22 59:2 60:9 62:22 63:1,21 66:15 tank 40:1,9,11,16,20 42:23 57:23 tanks 38:21 39:8,16,19,22 41:2 42:7 43:6 44:6 taylor 1:9,11 2:16 3:4 4:3,9,15 5:127:2 41:16 tell 16:11 18:5 28:1 31:22 36:3 41:1950:1759:1065:9 68:4 temperature 19:22 temperatures 50:21 47:17 56:2 sucking tenure specifically 18:12 34:12 36:19 45:12 53:23 6:22 24:7 31:6,18 37:11 suite 55:11 58:6 59:9 66:10 39:5 56:10 59:11 speculate 41:17,23 1:162:6,11 supervisor 24:4 term 39:2 test 63:7 HARTOLDMONO019067 [tested - york] tested tough 20:12 62:8 63:11 26:10 testified toxic 4:5 15:12 57:22 50:22 testifying transcribed 65:10 68:8 testimony transcript 68:5,11 68:10 tests transcription 45:4 46:10,16,19,23 47:6 68:9 48:18 49:12,15,16,17 50:2 transferred 50:6 1:2 thank trash 63:3 27:4 thanks travel 42:2 60:7 21:21 thereto treated 3:21 18:1528:13 thing trial 61:18 3:20 things true 6:9 23:7 50:15,17 52:19 68:9 think truth 9:5 15:12 24:14,15 37:6 68:4 49:5 56:18 57:2,7 62:13,19 try 62:21 67:15 7:21 56:2 thought trying 18:1965:9 7:9 19:17 39:6 44:8 45:2 thrasher 57:7 64:18 twelve three 16:1 5:13 33:20 43:8 56:9 twenty time 21:9 3:20,20 5:12 25:15 30:22 type 30:23 31:16 33:1,8 37:3 16:20 29:9 40:13 42:8 39:1 41:7 43:12 45:16 46:9 55:22 58:12 51:5 59:2,4,12 60:3,20,21 types 61:10,1466:14 6:20 33:20____________ timeout 7:17 times 42:3 44:22 title 10:13 11:9,23 12:8 19:14 toe 14:6 toed 32:13 told 27:21 29:23 30:3 33:9 34:17,21 35:4 47:3,15,16 48:1 50:16 51:23 52:21 53:5 54:19 65:7 torres u uh 7:7,7,7 ultimate 28:15 ultimately 27:19 understand 7:14 18:23 34:14 understood 21:13 use 27:7 29:1 33:4 38:2,5 usually 19:21 39:19 49:9 2:3 v west value 2:6 8:23 9:10,11 63:1 whereof vapors 68:17 50:20 wife ventilation 63:21 18:5 williams verbally 24:13 7:6 windows versus 18:8 1:5 wintertime vessel 61:19 19:5 witness vessels 2:16 3:11 8:1 42:10 55:16 13:8,9 66:1968:1,11,17 vicinity witnesses 9:14 11:20 68:7 visited word 54:3____________________ 55:15 60:4,6 words w 7:6 27:7 36:2 waived wore 3:11,23 40:12 walnut work 1:21 4:11 6:23 10:15 12:6 14:10 want 14:11 16:1 20:23,23 32:14 7:17 10:9,16 12:20 19:3 49:7 50:18 25:19 60:7 worked wanted 36:13,19 40:1 56:12 60:11 58:5 65:6 worker wash 31:7 34:1 29:3 workers washed 30:8 29:15 43:7 44:5 working washing 10:7 30:1,4 37:10 46:10 26:23 40:21 44:16 64:11,15,20 waste wrist 25:12 44:15,23 56:8,16 14:4 32:12 57:5,17 58:3,5,9,12 write wastes 35:17 49:7 writing water 68:6 27:7,11 29:1,1341:3 44:7 wrong 44:10,15,23 46:11,15 58:3 67:1 wear 13:21 14:22 21:19 23:16,20 _____________ y_________ 37:17 y'all wearing 4:17 15:3 32:2 yeah wellborn 13:7 16:9 42:12 43:15 9:1,2 year went 11:12 12:11 16:1 21:10 13:14 18:17 22:12 24:23 years 27:19,22 29:18 37:21 38:15 10:14 14:1921:9 28:11 38:16 43:14,20 62:15 65:22 37:15 62:12 66:6 67:13 york 2:4,4 HARTOLDMONO019068