Document reLRvmapGxmMLnQgVGoq2wkkV

FILE NAME: Chevron (CHV) DATE: 1991 June 6 DOC#: CHV017 DOCUMENT DESCRIPTION: Legal - Deposition of John Driscoll Barry Castleman's Chevron File CD-CD-ROM Document # Chev DATE Type of Document - published report from peer-reviewed journal - published article from trade publication - published abstract from conference - unpublished report - unpublished presentation - meeting agenda minutes report - letter memo industry warning information legal deposition & } \ Iaml ) ^ - BC notes - other 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 3 -- oOo-- 4 5 6 Re Complex Asbestos Litigation. No. 828864 7 8 CERTIFIED COPY 9 10 PiiKOiP 11 12 DEPOSITION OF fitful 13 JOHN DRISCOLL 14 June 6, 1991 15 16 17 DUPFILLEICCOPAY TE 18 19 20 REPORTED BY: MARJORIE K. FORMAN, CSR #2783 21 22 TOOKER & ANTZ 23 131 Steuart Street 24 San Francisco, California 94105 25 (415) 392-0650 1 INDEX 2 3 EXAMINATION BY: 4 MR. HAND: 5 6 7 8 EXHIBITS 9 10 PLAINTIFFS' 11 FOR IDENTIFICATION DESCRIPTION 12 (None marked.) 13 14 15 16 17 18 19 20 -- oOo--- 21 22 23 24 25 2 PAGE 7 PAGE 3 1 BE IT REMEMBERED that on Thursday, June 6, 1991 2 commencing at 1:10 p.m., thereof, at the Law Offices of, 3 Sedgewick, Detert, Moran & Arnold, One Embarcadero Center, 4 16th Floor, San Francisco, California 94111, before me, 5 Marjorie Forman, duly authorized to administer oaths 6 pursuant to Section 8211 of the California Code of Civil 7 Procedure, personally appeared 8 JOHN DRISCOLL, 9 who was called as a witness by the Plaintiffs, having been 10 duly sworn by the Deposition Officer, was examined and 11 testified as is hereinafter set forth: 12 -- oOo-- 13 APPEARANCES 14 Law offices of Brayton & Associates, 999 Grant 15 Avenue, Novato, California 94948, represented by JAMES 16 HAND, Attorney at Law, appeared as counsel on behalf of 17 the Plaintiff(s). 18 Morgenstein & Jubelirer, 101 Market Street, 6th 19 Floor, San Francisco,. California 94105, represented by 20 ROBERT O'BRIEN, Attorney at Law, appeared as counsel on 21 behalf of the Defendants, Owens-Illinois, Inc. and Keene 22 Corporation. 23 Hardin, Cook, Loper, Engel & Bergez, 2300 Ordway 24 Building, One Kaiser Plaza, Oakland, California 94612, 25 represented by DEBRA E. KEYSON, Attorney at Law, appeared 4 1 as;counsel on behalf of the Defendant, Western MacArthur. 2 Law Offices of McNamara, Houston, Dodge, McClure 3 & Ney, 1211 Newell Avenue, Suite 202, P.O. Box 5288, 4 Walnut Creek, California 94596, MARTIN J. AMBACHER, 5 appeared as counsel on behalf of the Defendant, The Anchor 6 Packing company. 7 Popelka, Allard, McCowan & Jones, 160 West Santa 8 Clara Street, San Jose, California 95115, OR 633 Battery 9 Street, Fifth Floor, San Francisco, California 94111, i 10 represented by EILEEN LORIMORE, Attorney at Law, appeared j 11 as counsel on behalf of the Defendant, Owens-Corning 12 Fiberglas. 13 Gordon & Rees, Fourth Floor, 601 Montgomery 14 Street, San Francisco, California 94111, represented by 15 DAVID CHAVEZ, Attorney at Law, appeared as counsel on 16 behalf of the Defendant, W. R. Grace Company. 17 Kincaid, Gianunzio, Caudle & Hubert, 200 Webster 18 Street, Oakland, California 94607, represented by CYNTHIA 19 NALL, Attorney at Law, appeared as counsel on behalf of 20 the Defendants, Kaiser Cement Corporation and Kaiser 21 Gypsum company, Inc. 22 Knox, Ricksen, 1999 Harrison Street, suite 1700, 23 Oakland, Oakland, California 94612, represented by ANN L. 24 VACCARO, Attorney at Law, appeared as counsel on behalf of 25 the Defendant, J. T. Thorpe & Son, Inc. t i 1 : 5 Law Offices cf Walsworth, Franklin & Bevins, 580 2 California Street, Suits 1335, San Fransico, California 3 94104, represented by HELEN H. KONG, Attorney at Law, 4 appeared as counsel on behalf of the Defendant, Dee 5 Engineering Company. 6 Law Offices of Shield & Smith, 580 California 7 Street, Suite 1400, San Francisco, California 94104, 8 represented by MICHAEL W. GOODIN, Attorney at Law, 9 appeared as counsel on oehalf of the Defendant, CCR. 10 Law Offices cf Finan, White & Paetfold, 100 11 Spear Street, Suite 1725, San Francisco, California 94105, 12 represented by FLOYD W. WHITE, Attorney at Law, appeared 13 as counsel on behalf of the Defendant, The E. J. Bartells 14 Company. 15 Sedgewick, Detert, Moran & Arnold, One 16 Emharcadero Center, 16th Floor, San Francisco, California 17 94111, represented by MARK JACOBS, and BRADLEY P. KAPLAN, 18 Attorneys at Law, appeared as counsel on behalf of the 19 Defendant, Chevron U.S.A., Inc. 20 Law Offices of Jedeikin, Green, Sprague & 21 Bishop, Suite 450, 300 Montgomery Street, San Francisco, 22 California 94104, represented by DAMIEN MOROZUMI, Attorney 23 at Law, appeared as counsel on behalf of the Defendant, 24 Mine Safety Appliances. 25 Law Offices cf Nancy E. Hudgins, 604 Market 6 1 St reet, Suite 700, San Francisco, California 94104 2 re presented by KATHLEEN D. FONG, Attorney at Law, appeared 3 as counsel on behalf of the Defendant, Uniroyal. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- oOo--- % 7 1 EXAMINATION BY MR. HAND 2 MR. HAND: Q. Would you please state your name. 3 A. John Driscoll. 4 Q. Will you spell your last name, please? 5 A. D, as in David, r-i-s-c-o-1-1. 6 Q. Mr. Driscoll, my name is James Hand. I'm with 7 the Brayton law office representing various plaintiffs in 8 asbestos litigation pending in the County of San 9 Francisco. 10 Have you ever been deposed before? 11 A. Yes. 12 Q. Can you tell me on how many occasions? 13 A. Once. 14 Q. What type of matter did this involve? 15 A. It was an action Chevron took against a - 16 another company related to - 17 Q. Did it have anything -- I'm sorry. 18 A. -- related tc property damage. 19 Q. Anything to do with asbestos? 20 A. No. 21 Q. As you may remember from being deposed once 22 before, a deposition, though given in informal 23 :ircumstances, is testimony under oath, just as you would j . 24 live in a court of law. Do you understand that? 25 A. Yes. 1 Q. And it's alsc important, for purposes of 2 sating a clear record of the testimony, that I wait 3 til you finish an answer before I ask a question, and 4 ce versa; and also, that any answer be given audibly as 5 posed to a nod of the head or "uh-huh." Is that okay? 6 A. Yes. 7 Q. And if you don't understand a question, please 8 t me know and I'll rephrase it. Is that all right? 9 A. Yes. 10 Q. By whom are you presently employed, Mr. 11 iscoll? 12 A. Chevron U.S.A., Incorporated, manufacturing, 13 chmond refinery. 14 Q. What is your position there? 15 A. Safety engineering. 16 Q. And how long have you been a safety engineer at 17 r Chevron U.S.A.? 18 A. Approximately nine years. 19 Q. Can you briefly summarize your educational 20 ckground. 21 A. Received a Bachelor of Science Degree in 22 cupational safety and health from Montana College of 23 neral Science and Technology in 1980. 24 Q. And after obtaining that degree, what was your 25 rst position of employment? 9 1 A. Associate safety engineer for Marathon Oil 2 Company. 3 Q. In what location? 4 A. Cody, Wyoming. 5 Q. How long did you have that position? 6 A. Ten months. 7 Q. And then what was your subsequent position? 8 A. Associate safety engineer with Standard Oil 9 Company of California. 10 Q. At what location? 11 A. 225 Bush in San Francisco. 12 Q. Were you assigned to any particular facilities? 13 A. No. 14 Q. And how long did you hold that position? 15 A. Six months. 16 Q. And then what was your subsequent position? 17 A. Safety engineer. 18 Q. That was beginning in what year? 19 A. 1981. 20 Q. And that has been your position from 1981 to 21 dajte? 22 A. The job title consistently with Chevron has been 23 safety engineer. 24 I did have a separation from Chevron for ten 25 months when I worked in the capacity as safety supervisor 10 1 for a company not relatad to Chevron. 2 1 Q. And was it the refining company? 3 A * Excuse me? 4 Q- Was it an oil refining company? 5 A. No. 6 ; Q. And then you returned to Chevron? 7 j A. Yes. 8 ! Q. Can you tell me the approximate year of that 9 interruption? 0 0> 1 <n 00 10 1 A. 11 Q- When you first became a safety engineer with 12 Chevron, were you assigned to any particular facility? 13 A. Could -- could you be more specific? 14 ! Q. I don't know what a safety engineer does.. I 15 dpn't know if they have any particular facility 16 responsibilities. 17 Why don't we just do it this way. When you 18 first became a safety engineer at Chevron, what were your 19 job responsibilities? 20 A. Advising and counseling line managers related to 21 regulatory compliance, CAL/OSHA regulations. More 22 Specifically, assisting line supervisors, first line 23 Supervisors and various work groups in developing and 24 implementing safety programs. 25 Q. What is a line manager? 11 1 A. A line manager, as opposed to a staff position, 2 whiph staff is service. And line -- line manager 3 supervises the work force directly. 4 Q. The line managers that you have supervised 5 sipce -- I'm sorry -- that you have advised since 1981, 6 arp they located any particular facilities? 7 ! A. Yes. 8 Q. Which facilities? 9 A. Richmond refinery, El Paso refinery, El Segundo 10 refinery for Chevron; and Pocatello, Idaho, in my other 11 employment. 12 Q. Your office is where? 13 A. At the Richmond refinery. 14 Q. Have you ever had occasion to advise any of the 15 Richmond refinery employees with respect to asbestos 16 matters? 17 MR. JACOBS; I'll object. That's vague. 18 Go ahead. 19 THE WITNESS: To the best of my recollection, 20 ncjt directly. 21 MR. HAND; Q. Have you in some way, even 22 indirectly, provided information to any of the Richmond 23 employees with respect to asbestos matters? 24 A. Yes. 25 Q. Can you explain that to us? 12 1 A. I am -- I am fairly certain that at some point 2 in| my employment with -- at the Richmond refinery, that 3 ve reviewed current practices and procedures. 4 And while I may not have communicated that to 5 ose employees, I was doing it in an oversight capacity 6 oking -- looking at tne compliance aspects and the 7 lative safety associated with the procedure. 8 Q. And did you reach any conclusions with respect 9 compliance? 10 MR. KAPLAN: I am going to object to that 11 estion as being vague and overbroad with respect to 12 me, with respect to procedures, and with respect to what 13 eas of the refinery you are requesting about. 14 MR. HAND: Q. You may go ahead, Mr. Driscoll. 15 A. Could you restate the question, please. 16 Q. You don't understand the question? 17 A. I would appreciate it if you'd rephrase it. I'm 18 t sure I understood it. 19 Q. Did you reach any conclusions with respect to 20 HA compliance? 21 A. Related to asbestos procedures that I might have 22 viewed? 23 Q. At the Richmond refinery. That's correct. 24 MR. JACOBS: If you recall. 25 THE WITNESS: I don't recall. 15 1 A Yes. 2 0. And what's the title of that manual? 3 A* Operating procedures. 4 Q. That's the full title? 5 A* I believe it is. 6 Q. The refinery instruction manual, you have a copy 7 of thjat at your office? 8 ;A. There's a copy of it in my office, yes. 9 Q. Can you give us some idea of how thick the 10 manual is by holding year hands the appropriate width or 11 something? 12 A. It -- it depends on which dimension you're 13 talking about. It's printed on 8 1/2 by 11 paper. You're 14 talking about thickness? 15 Q. I'm not talking about the 8 1/2 by ll dimension. 16 Let's take the other one. 17 A. I suspected that. I just wanted to make sure.. 18 I'd say it's about 2 and a half to 3 inches. 19 Q. Okay. And the portion that deals with asbestos, 20 can you estimate for us about how many pages that is? 21 A. I -- I'm not sure, but I'd say probably 8 to 10, 22 front and back. 23 Q. So that would be roughly 16 to 20 surfaces? 24 A. Yes. 25 Q. Is there any particular title that you can 13 1 MR. HAND: Q. I believe you said you -- and you 2 wi|;il have to help me on this -- you reviewed the 3 activities at the Richmond refinery with respect to 4 mpliance with OSHA regulations regarding asbestos; is 5 dat correct? 6 A. What I may have done -- and I don't have 7 specific recall -- is -- because I have knowledge of -- of 8 procedures -- I mean, I could basically tell you 9 apnerally -- generally what the procedure would say, 10 that -- that I have -- only have knowledge of it. 11 Q. Knowledge of what? 12 A. Of a current procedure for asbestos management. 13 Q. Is there a procedure for asbestos management, to 14 njse your terminology, at the Richmond refinery? 15 A. There is a -- what's referred to as an 16 instruction related to asbestos. 17 Q. And is that a written instruction with respect 18 to asbestos? 19 A. Yes. 20 Q. And is there some handbook or Chevron manual 21 that this written instruction is contained within? 22 A. Yes. 23 Q. And what manual or handbook is that? 24 A. Refinery instructions manual. 25 Q. Is this instruction some separate chapter within 14 1 that manual? I need a little help understanding what this 2 manual consists of. 3 Can you describe the manual to us and what's `in 4 the manual? 5 A. Yes. The refinery instruction manual contains 6 various policies, statements and procedural written 7 communications related to safety, as well as 8 administrative issues. 9 Q. Does it cover -- 10 A. Employment issues. 11 Q. I'm sorry. 12 A. And employment issues. 13 Q. Safety, management and employment; is that 14 correct? 15 A. Safety. The refinery instructions may relate to 16 sajfety, employee safety issues or employment issues, or 17 otjher administrative issues. 18 Q. It's not technical in any way? 19 A. I wouldn't say it's not technical. Some of the 20 instructions may be technically oriented. 21 Q. But not production oriented, do this to produce 22 that? 23 A. No. 24 Q. Is there a separate production manual of some 25 sort for the Richmond refinery? 1 I -- ---- ' " 16 1 remember for that portion of the manual? 2 A. What portion? 3 Q. Dealing with asbestos. 4 A. I -- I can't say for sure what the title would 5 be, but it has "asbestos" in the title, something like . 6 "Asbestos exposure control." 7 Q. Now, Mr. Torchia gave deposition testimony this 8 morning, and he recalled some pages of instructional 9 material. And to the best of his knowledge, it had a 10 title like "Safe handling of asbestos-containing" 11 something, something, something. Does that title sound at 12 all familiar to you? 13 A. Yes. 14 Q. Is that the same material that you're talking 15 about? _ 16 A. I couldn't say for sure. I -- I don't know. 17 Q. Okay. 18 When you hear of material with the title 19 something like "Safe handling of asbestos-containing" 20 something, something, something, what material comes to 21 your mind? 22 A. Written procedure that would talk about handling 23 and safety related to asbestos-containing materials. 24 Q. You don't have any particular material in mind 25 when you hear that title, is that correct, any particular ' " --- ' - -- ---- __ I 17 1 Chevron material? 2 A. No. Actually, it's very possible that the 3 refinery instruction - 4 Q. Go ahead. i 5 MR. JACOBS: Finish your answer. 6 THE WITNESS: -- is -- is titled something like 7 that. 8 MR. HAND: Q. It may well be the same material I ji 9 that is in the refinery instruction manual, is that what . i 10 you're saying? i 11 A. Yes. 12 MR. JACOBS: Answer the questions that are being 13 asked. 14 MR. HAND: Q. Have you ever seen any studies 15 purporting to count the amount of asbestos fibers in the 16 air at the Richmond facility? 17 MR. JACOBS: I'll object. That's vague as to 18 the reference to "the Richmond facility." 19 MR. HAND: The Richmond refinery. 20 MR. JACOBS: I understand that. It's vague as 21 to the location. 22 MR. KAPLAN: It's also vague as to time. 23 MR. HAND: Q. Go ahead. 24 A. Could I ask if you could clarify "study"? 25 Q. Have you ever seen any figures setting forth 18 1 asbestos fiber counts at the Richmond refinery? 2 A. Yes. 3 Q. And where have you seen such figures? j 4 A. The question was where -- where was -- where didJ j 5 I see that? . : 6 Q. In your consultation with your attorney, you 7 lost the thrust of the question? i 8 A. Yes. I 9 Q. Okay. The question is: Where did you see such ! 10 figures? j 11 A. On exposure monitoring records. 12 Q. And it's your understanding that exposure 13 monitoring records for the Richmond refinery exist for 14 what time period? 15 A. Early 1970s. 16 Q. Have you ever had occasion to review any of 17 those records from the early 1970s? 18 A. Yes. 19 Q. And do you have any recollection as to how often 20 such monitoring records were created, let's say from that 21 time period that you first saw, the early 1970s, that is, 22 annually, three times annually? Can you estimate for me 23 how often these records existed for that time period from 24 the early 1970s? 25 MR. JACOBS: Okay. I'll object in that it 19 1 assumes that they are created on a periodic basis, but go 2 ahead. 3 THE WITNESS: I -- I really don't know. 4 MR. HAND: Q. You have no estimate as to how 5 many records per year exist for that early 1970 time 6 period, is that correct, whether it's just a matter of one 7 per year or multiple per year? 8 A. I believe that there are multiple records for 9 several years in the early 1970s. . i! 10 Q. And have you oad occasion to review the exposure! 11 monitoring records for the 1980s? 12 A. No. 13 Q. What is it that prompted you to review the 14 exposure monitoring records for the early 1970s? 15 MR. JACOBS: I'll object, insofar as it may 16 invade the attorney-client privilege. 17 MR. KAPLAN: Can we have the question read back, 18 please. 19 MR. HAND: Let the record show a conference 20 again Mr. Driscoll and one of his attorneys present here 21 today. 22 (Record read.) 23 MR. KAPLAN: And Mark interposed an objection, 24 and we will instruct tha witness not to answer that 25 question. 20 1 MR. HAND: Or. what grounds? 2 MR. KAPLAN: Attorney-client privilege. 3 MR. JACOBS: Why don't you just -- you ask the 4 question. Go ahead. I'm sorry. 5 MR. HAND: All right. ^ 6 Q. Mr. Driscoll, did you review those records in 7 anticipation of giving testimony here today? 8 A. No. 9 Q. Did you review those records pursuant to 10 communications that you had with one or more of your i 11 attorneys? 12 A. Yes. 13 Q. And can you tall me about when it is that you 14 reviewed those records; how many days, weeks, months ago 15 you reviewed them? 16 A. Approximately four weeks. 17 Q. Ago? 18 A. Ago. 19 Q. You've only reviewed them once? 20 A. Yes. 21 Q. And can you tell me, to the best of your memory, 22 what were the results cf the monitoring for asbestos as 23 shown in those exposure monitoring records for the early 24 1970s? 25 MR. KAPLAN: I am going to object to that 21 1 question as being overbroad and vague. 2 MR. JACOBS: It's also compound. 3 MR. KAPLAN: The witness has testified that 4 there was more than one document, and to conclude a result 5 may not necessarily be within this witness' knowledge. 6 MR. HAND: Q. In any case, you may answer, Mr. 7 Driscoll. What do you remember seeing in those records 8 with respect to asbestos presence? 9 A. Some number cf fibers per cc as a result of 10 analysis performed on t.ie samples that were taken. 11 Q. What's your bast memory as to the numbers of 12 fibers per cc? 13 MR. KAPLAN: I'll object. 14 MR. JACOBS: I object. 15 MR. KAPLAN: Go ahead. . 16 MR. JACOBS: I would just object to the question 17 as compound. We're talking numerous records. 18 MR. HAND: Q. Go ahead. What memory do you 19 have as to any of the numbers that you saw? 2 0 A. I really can1c recall a specific number. And 21 to -- to give a number answer would be just an extreme 22 guess on my part. I don't recall. 23 Q. You can't recall the range that they were in? 24 For instance, over 1 fiber per cc, over .2 fibers per cc, 25 over .1 fiber per cc? Can you give us any help at all 22 1 ip -- in remembering the range of the numbers that you 2 saw? 3 A. Some of the numbers were above 1 fiber, and some 4 oE them were below. 5 Q. For the numbers that you recall seeing that were 6 afibeve 1 fiber per cc, do you recall where that monitoring 7 occurred? 8 A. No. 9 Q. Did the monitoring occur in more than one 10 location at the Richmior i refinery as shown in those early 11 1970s records? 12 A. Yes. 13 Q. Do you recall any of the locations that were 14 monitored? - 15 A. No. 16 Q. Do you recall any of the activities that were 17 described in those records as regards generating asbestos 18 fibers in the air? Thao is, that this was monitoring of 19 such and such an activity as opposed to a certain 20 location? 21 MR. JACOBS: In other words, under what 22 circumstances was the sampling done? 23 MR. HAND: Right. 24 THE WITNESS: The work activity, I believe were 25 pretty much focused on insulation handling. 23 1 MR. HAND: Q. Do you recall whether the work 2 activity monitored was insulation installation as opposed 3 to removal? 4 A. Could -- could you repeat that? 5 Q. Sure. 6 A. I don't think -- I lost track. 7 Q. Do you recall whether the activity monitored was 8 installing asbestos-cor.caining insulation as opposed to 9 removing asbestos-containing insulation? i 10 A. No. ! 11 Q. Do you recall whether the insulation was being 12 used to insulate pipes? 13 A. No. I can't recall. 14 Q. Do you recall whether the insulation was used to 15 insulate vessels? 16 A. No. 17 Q. Do you recall whether the insulation was used to 18 insulate columns? 19 .A . No. 20 Q. And do you recall whether the insulation was 21 used to insulate furnacas? 22 A. No. 23 Q. So it's fair to say you recall the monitoring 24 records monitoring asbestos fiber counts in connection 25 with insulating activities, but you don't recall the 24 1 nature of those insulating activities? 2 A. Right. Other than removal and installation. 3 Q. Okay. And whether it was removal or 4 installation or both, you don't remember? 5 A. Yes. 6 Q. So that's a yes, you don't remember? 7 A. Yes. 8 Q. Good. 9 Did you -- dc you recall ever seeing any 10 recommendations as to procedures that should be 11 implemented at the Richmond refinery to reduce the amount 12 of asbestos present in the air? 13 MR. JACOBS: I'll object to the question, that 14 it's argumentative. Assumes that there's asbestos present 15 in the air. 16 THE WITNESS: Could you be a little clearer? I 17 don't think I understand the question. 18 MR. HAND: Q. Do you recall ever seeing any 19 discussion of steps that should be implemented to reduce 20 the amount of the asbestos in the air present at the 21 Richmond refinery? 22 A. Yes. 23 Q. And what steps do you recall reading about? 24 A. Steps dealing with how the material should be 25 handled, in what state, personal protective equipment 25 1 which should be used, control of access to -- to areas 2 where work was being performed. 3 Q. Anything else? 4 A. Not that I can recall. 5 Q. Would you feel comfortable if we refer to those 6 as recommendations or suggestions? 7 A. What term would you feel comfortable using, 8 suggestions? 9 MR. JACOBS: Well, you can pick whatever term 10 you use, and we'll use chat as a term of art throughout 11 the deposition. 12 MR. HAND: Fine. I just don't want to have to 13 repeat all that time and again. 14 Q. Those suggestions or recommendations that you've 15 described, do you recall the time period when those 16 recommendations or suggestions were originated? For 17 instance, was that in connection with the early 1970s 18 monitoring activity thac you were describing earlier? 19 A. I don't know. 20 Q. Do you have any memory as to the time period of 21 those recommendations cr suggestions? 22 A. Early 1980s. 23 MR. JACOBS: Actually, I am going to -- having 24 given you leeway to select the term, I am going to advise 25 you to select another term, because I'm going to object to 26 1 that term on grounds that it introduces an ambiguity which 2 isn't really necessary. I mean, they may be guidelines, 3 they may be absolute law at the refinery. And suggestions 4 or recommendations make them sound something other than 5 that. Why don't you call them guidelines. 6 MR. HAND: Q. Do you recall seeing any 7 discussion with respect to these early 1970s monitoring 8 records that you were describing earlier, as to whether or 9 not the Richmond refinery was in compliance with OSHA 10 standards? 11 A. No. 12 Q. Do you have any opinion as to whether the 13 Richmond refinery would have been in compliance with OSHA 14 standards in existence in the early 1970s at a time period 15 when these monitoring records were created? - 16 MR. JACOBS: I'll object. It calls for 17 speculation. 18 MR. HAND: Q. Do you have any understanding as 19 to whether the refinery was in compliance with OSHA 20 standards at that time? 21 A. No. I have no knowledge. 22 Q. And do you have any knowledge or understanding 23 as to the applicable OSHA standards at that time? 24 A. Yes. 25 Q. And what were those standards? 27 1 A. Title 8, California Code of Regulations related 2 -fe dusts and fumes and mist exposure control, I suspect 3 contained regulations regarding asbestos, as with other 4 jp&ential contaminants. 5 Q. Do you have any understanding as to what the 6 .standards were in effect in the early 1970s -- 7 A. No. 8 Q. -- in terms cf fibers per cc? 9 A. No. 10 Q. Do you have any understanding as to what the 11 purpose of the monitoring was? 12 A. Yes. 13 Q. And what is that purpose? 14 A. Monitoring is performed to evaluate relative 15 exposures to assist in understanding what controls might 16 be necessary to limit risks associated with work. 17 Q. That's the general purpose of all monitoring, of 18 course. 19 Do you have any understanding from any of the 20 records that you reviewed -- strike that. 21 From the records you reviewed, did they indicate 22 what the purpose was in writing of the monitoring that you 23 saw in the early 1970s? 24 A. Not to my knowledge. 25 Q. Where are these monitoring records today? 28 1 A. At the Richmond refinery. 2 Q. And in what type of a file, under what category? 3 A. They are in file cabinet under the industrial 4 hygiene heading "asbestos." 5 Q. So if you wanted to go find those records, you 6 would go to the industrial hygiene section of the file 7 cabinet; is that correct? 8 A. Yes. 9 Q. Is that file chron -- I'm sorry - 10 alphabetically between the H's and the J's, or is there a j 11 separate file cabinet solely for industrial hygiene 12 matters? 13 A. I believe there's a -- there is a separate file 14 for industrial hygiene issues, and records, and the -- 15 it's organized by contaminant, alphabetically. 16 Q. So under the industrial hygiene section, there 17 is an organization alphabetically by name of the 18 contaminant; is that correct? 19 A. Yes. 20 Q. This industrial hygiene section, is that in a 21 separate cabinet by itsalf? 22 A. No. I believe -- I believe there are other 23 files and records contained in that same cabinet with 24 those records. 25 Q. Do you recall the industrial hygiene section 29 1 being in a separate drawer of the cabinet by itself, 2 without files for other matters, being in that drawer? 3 A. I don't know that there's a dedicated file 4 drawer for -- one or more, for industrial hygiene records 5 Q. That industrial hygiene section, is that in 6 someone's office? 7 A. Yes. 8 Q. Whose office is that? 9 A. The office assistant for the safety section. 10 Q. Can you tell us approximately how many drawers 11 there are in the industrial hygiene section in that file 12 cabinet? 13 A. Approximately five. 14 Q. The industrial hygiene section makes up five 15 drawers full? 16 A. I believe so. 17 Q. And the asbestos contaminant section, can you 18 give us some approximata idea, in terms of thickness or 19 number of drawers, how :\uch material there is? 20 A. Not really. I -- 21 Q. You've looked at that material before, haven't 22 you? You at least opened that drawer? 23 A. Yes. 24 Q. Can you tell us whether the asbestos section 25 takes up more than one drawer? 30 1 A. I don't believe it takes up more than one 2 drawer. 3 Q. Do you recall it taking up approximately half a 4 drawer? 5 A. I don't recall how much space it took up inside 6 the drawer. 7 Q. What else do you recall being in that asbestos 8 section of that filing cabinet, other than these early 9 1970s monitoring records? 10 A. Subsequent exposure monitoring results. I 11 really don't recall any -- anything else specifically. 12 Q. When is the last time you reviewed the materials 13 in that file, the asbestos file? 14 A. Approximately four weeks ago, I reviewed a - 15 a -- a section, circa the early 1970s. I haven't 16 performed a review of the entire section related to 17 asbestos. 18 Q. That was only the monitoring records, that's all 19 you recall reviewing at that time, or was there other 20 material? 21 A. There was other material. 22 Q. And what else do you remember reviewing at that 23 time? 24 A. I only have recollection of one -- one other 25 particular document that was in that same section of the 33 1 A. Yes. 2 Q. And what is that opinion? 3 A. That it's a carcinogen that would need to be 4 registered. 5 Q. In addition to the material that you describe as 6 being in that file cabinet regarding contaminants, are you 7 aware of Chevron U.S.A. possessing any other information 8 about asbestos, anywhere? 9 MR. KAPLAN: In the world? 10 MR. HAND: Yes. 11 THE WITNESS: Yes. 12 MR. HAND: Q. And what is your information on 13 that issue? 14 A. Because there's other things in the file that I 15 didn't review that are under the heading "asbestos," I 16 suspect that those materials would fall in line with your 17 question. 18 Q. No. No. I'r sorry. Perhaps I didn't make the 19 question very clear. 20 In addition to the material that is in that file 21 cabinet, the industrial hygiene file cabinet that we were 22 discussing earlier, are you aware of any materials that 23 Chevron U.S.A. has anywhere in its possession that discuss 24 asbestos? 25 MR. KAPLAN: That you are -- 34 1 THE WITNESS: Yes. 2 MR. KAPLAN: -- personally aware of. 3 THE WITNESS: Yes. 4 MR. HAND: Q. And what are those materials? 5 A. Reference bocks, NIOSH criteria documents, 6 regulatory language, California -- State of California, 7 federal government. That's all I can think of, that I 8 know of. 9 Q. Reference bocks. What reference books do you 10 understand that Chevron U.S.A. has that discuss asbestos? : I 11 A. Occupational health textbooks, American 12 Conference of Governmental Industrial Hygienists TLV 13 booklet. 14 Q. What was the last one? 15 MR. O'BRIEN: TLV. 16 THE WITNESS: American Conference of Government 17 TLV booklet. 18 MR. HAND: Q. Threshold Limit Value booklet? 19 A. Yes. 20 Q. Any other reference books that you can think of? 21 A. I can't recall the name. I can picture another 22 book that I know would have references to asbestos. 23 Q. An occupational health booklet? 24 a . a book -- industrial hygiene-type book. 25 Q. Where have you seen any of these books? 35 1 A. I've seen them in the library or offices of 2 peers at the Richmond refinery, and in a myriad number of 3 other locations. 4 Q. Where, other than in the Richmond refinery? 5 A. El Segundo refinery, the El Paso refinery. My 6 own home, in college. 7 Q. Okay. Where is the headquarters of Chevron 8 U.S.A.? 9 A. In San Francisco. 10 Q. On Bush -- or. Bush Street? 11 A. Market. 12 Q. Market and what? 13 A. I'm not -- I'm not sure I know the cross street. 14 Q. Do you understand that they have a library 15 there? 16 A. I -- I don't know if they have a library there. 17 Q. You've never had occasion to use a library 18 there; is that correct? 19 MR. KAPLAN; Objection. That's argumentative. 20 THE WITNESS; Excuse me. 21 MR. HAND; Q. Let the record show another 22 conference with one of your attorneys. 23 Q. The question was; Do you recall ever using 24 library facilities at the Chevron U.S.A. headquarters' 25 office? 36 1 A. NO. 2 Q. Do you have any understanding as to -- let me 3 strike that. 4 Do you have some understanding as to when the 5 corporate entity, Standard Oil of California, was 6 superseded by the corporate entity, Chevron U.S.A.? 7 MR. KAPLAN: I'll object to that question as 8 being argumentative. 9 You can answer, if you know. 10 THE WITNESS': No. 11 MR. HAND: Q. Do you have any understanding 12 whether that was just a change of name? 13 MR. HAND: And I don't mind if Counsel wants to 14 answer, because I'm sure they have better information than 15 either you or I do on that. . 16 MR. JACOBS: We're not giving testimony today. 17 The question is, do you know? 18 THE WITNESS: I do not know. 19 MR. HAND: Q. You have no understanding on that 20 issue? 21 Do you have any understanding that at one point 22 in time, the Richmond refinery was owned by an entity 23 called Standard Oil of California? 24 A. No. 25 Q. Do you have any opinion as to whether the 37 1 entity, Standard Oil of California, was aware of the 2 dangers of inhalation of asbestos fibers prior to 1970? 3 A. No. 4 Q. Have you done -- made any effort to ascertain 5 the state of knowledge of either Chevron U.S.A. or 6 Standard Oil Company sorry -- Standard Oil of 7 California -- strike that. 8 Do you have any understanding as to when Chevron 9 U.S.A. first learned of the dangers of inhalation of 10 asbestos fibers? 11 A. No. 12 Q. Have you made any effort to become familiar with 13 when Chevron U.S.A. first became aware that inhalation of 14 asbestos fibers may pose a health hazard? 15 A. No. 16 MR. HAND: Thanks, guys. 17 You understand that the Code requirement is that 18 you must produce someone who will testify as to 19 information known, or reasonably available to that 20 individual. 21 And I am only telling you that I do not regard 22 Mr. Driscoll as adequately prepared to give testimony on 23 the issue of when either Chevron U.S.A. or its corporate 24 predecessor first became aware that inhalation of asbestos 25 fibers may pose a healtn hazard. 32 1 Chevron was undertaking some activity related to limiting 2 purchasing of something that was a potential risk. 3 Q. Do you know wnether Chevron has ever registered 4 the presence of asbestos at the Richmond refinery as a 5 carcinogen with State ragulatory authorities? 6 A. I do not have personal knowledge of that. 7 Q. Is it your understanding that Chevron has had 8 any past obligation to so register the presence of 9 asbestos at that refinery with State regulatory 10 authorities as a noncarcinogen? 11 What's your understanding of the requirement, if 12 they had to register the presence of asbestos at that 13 refinery, with the State regulatory authorities? 14 MR. JACOBS: Currently? At any time? 15 MR. HAND: Any understanding he's had in the 16 past. 17 MR. JACOBS: Okay. 18 THE WITNESS: I'm aware that there's a 19 requirement to register carcinogens in the state. 20 MR. HAND: Q. Do you have any opinion as to 21 whether asbestos is one of those carcinogens that must be 22 registered? 23 A. Excuse me. Would you restate the question? 24 Q. Have you any opinion as to whether asbestos is 25 one of the carcinogens that must be so registered? 31 1 file, that I can recall. 2 Q. And what is that document? 3 A. I can't be precise as to what -- what it was, 4 but it's a typed, single piece of -- sheet of paper that I 5 believe it was something like a posting or a -- a notice 6 from the facility manager that stated that -- I believe, 7 that the facility was ceasing purchase of insulating 8 materials that contained asbestos, circa 1969. 9 Q. A memorandum from, what did you say, plant 10 manager? 11 A. I didn't say "memorandum.'' 12 Q. A single sheet announcement, was that it? Is 13 that the way you described it? 14 A. It possibly was a posting or a bulletin, I 15 believe is what I -- I said. That's what I seem to 16 recall. 17 Q. Do you recall a "to" seconds on it, as to who in 18 the world it was a communication to, such as purchasing 19 department or production or -- anyway, do you remember it 20 being addressed to anyone? 21 A. No. 22 Q. What do you understand was the purpose of that 23 communication? 24 A. If it was a posting, it was just a communication 25 attempt to notify someone, I would assume employees, that 32 1 Chevron was undertaking some activity related to limiting 2 purchasing of something that was a potential risk. 3 Q. Do you know wnether Chevron has ever registered 4 the presence of asbestos at the Richmond refinery as a 5 carcinogen with State regulatory authorities? 6 A. I do not have personal knowledge of that. 7 Q. Is it your understanding that Chevron has had 8 any past obligation to so register the presence of 9 asbestos at that refinery with State regulatory 10 authorities as a noncarcinogen? 11 What's your understanding of the requirement, if 12 they had to register the presence of asbestos at that 13 refinery, with the State regulatory authorities? 14 MR. JACOBS: Currently? At any time? 15 MR. HAND: Any understanding he's had in the 16 past. 17 MR. JACOBS: Okay. 18 THE WITNESS: I'm aware that there's a 19 requirement to register carcinogens in the state. 20 MR. HAND: Q. Do you have any opinion as to 21 whether asbestos is one of those carcinogens that must be 22 registered? 23 A. Excuse me. Would you restate the question? 24 Q. Have you any opinion as to whether asbestos is 25 one of the carcinogens that must be so registered? 33 1 A. Yes. 2 Q. And what is that opinion? 3 A. That it's a carcinogen that would need to be 4 registered. 5 Q. In addition to the material that you describe as 6 being in that file cabinet regarding contaminants, are you 7 aware of Chevron U.S.A. possessing any other information 8 about asbestos, anywhere? 9 MR. KAPLAN: In the world? 10 MR. HAND: Yes. 11 THE WITNESS: Yes. 12 MR. HAND: Q. And what is your information on 13 that issue? 14 A. Because there's other things in the file that I 15 didn't review that are under the heading "asbestos," I 16 suspect that those materials would fall in line with your 17 question. 18 Q. No. No. I'r sorry. Perhaps I didn't make the 19 question very clear. 20 In addition to the material that is in that file 21 cabinet, the industrial hygiene file cabinet that we were 22 discussing earlier, are you aware of any materials that 23 Chevron U.S.A. has anywhere in its possession that discuss 24 asbestos? 25 MR. KAPLAN: That you are -- 34 1 THE WITNESS: Yes. 2 MR. KAPLAN: -- personally aware of. 3 THE WITNESS: Yes. 4 MR. HAND: Q. And what are those materials? 5 A. Reference bocks, NIOSH criteria documents, 6 regulatory language, California -- State of California, 7 federal government. That's all I can think of, that I 8 know of. i 9 Q. Reference bocks. What reference books do you j 10 understand that Chevron U.S.A. has that discuss asbestos? : 11 A. Occupational health textbooks, American 12 Conference of Governmental Industrial Hygienists TLV 13 booklet. 14 Q. What was the last one? 15 MR. O'BRIEN: TLV. 16 THE WITNESS: American Conference of Government 17 TLV booklet. 18 MR. HAND: Q. Threshold Limit Value booklet? 19 A. Yes. 20 Q. Any other reference books that you can think of? 21 A. I can't recall the name. I can picture another 22 book that I know would have references to asbestos. 23 Q. An occupational health booklet? 24 A. A book -- industrial hygiene-type book. 25 Q. Where have you seen any of these books? 35 1 A. I've seen them in the library or offices of 2 peers at the Richmond refinery, and in a myriad number of 3 other locations. 4 Q. Where, other than in the Richmond refinery? 5 A. El Segundo refinery, the El Paso refinery. My 6 own home, in college. 7 Q. Okay. Where is the headquarters of Chevron 8 U.S.A.? 9 A. In San Francisco. 10 Q. On Bush -- or Bush Street? 11 A. Market. 12 Q. Market and what? 13 A. I'm not -- I'm not sure I know the cross street. 14 Q. Do you understand that they have a library 15 there? 16 A. I -- I don't know if they have a library there. 17 Q. You've never had occasion to use a library 18 there; is that correct? . 19 MR. KAPLAN; Objection. That's argumentative. 20 THE WITNESS: Excuse me. 21 MR. HAND: Q . . Let the record show another 22 conference with one of your attorneys. 23 Q. The question was: Do you recall ever using 24 library facilities at the Chevron U.S.A. headquarters' 25 office? 36 1 A. No. 2 Q. Do you have any understanding as to -- let me 3 strike that. ' 4 Do you have some understanding as to when the 5 corporate entity, Standard Oil of California, was 6 superseded by the corporate entity, Chevron U.S.A.? 7 MR. KAPLAN: I'll object to that question as 8 being argumentative. 9 You can answer, if you know. 10 THE WITNESS: No. 11 MR. HAND: Q. Do you have any understanding 12 whether that was just a change of name? 13 MR. HAND: And I don't mind if Counsel wants to 14 answer, because I'm sure they have better information than 15 either you or I do on that. - 16 MR. JACOBS: We're not giving testimony today. 17 The question is, do you know? 18 THE WITNESS: I do not know. 19 MR. HAND: Q. You have no understanding on that 20 issue? 21 Do you have any understanding that at one point 22 in time, the Richmond refinery was owned by an entity 23 called Standard Oil of California? 24 A. No. 25 Q. Do you have any opinion as to whether the 37 1 entity, Standard Oil of California, was aware of the 2 dangers of inhalation of asbestos fibers prior to 1970? 3 A. No. 4 Q. Have you done -- made any effort to ascertain 5 the state of knowledge of either Chevron U.S.A. or 6 Standard Oil Company sorry -- Standard Oil of 7 California -- strike that. 8 Do you have any understanding as to when Chevron 9 U.S.A. first learned of the dangers of inhalation of 10 asbestos fibers? ' 11 A. No. 12 Q. Have you made any effort to become familiar with 13 when Chevron U.S.A. first became aware that inhalation of 14 asbestos fibers may pose a health hazard? 15 A. No. 16 MR. HAND: Thanks, guys. 17 You understand that the Code requirement is that 18 you must produce someone who will testify as to 19 information known, or raasonably available to that 20 individual. 21 And I am only telling you that I do not regard 22 Mr. Driscoll as adequately prepared to give testimony on 23 the issue of when either Chevron U.S.A. or its corporate 24 predecessor first became aware that inhalation of asbestos 25 fibers may pose a healtn hazard. 38 1 MR. KAPLAN: . Ne will represent to you that Mr. 2 Driscoll is the individual most knowledgeable from Chevron 3 U.S.A., Incorporated, to discuss that issue at this 4 deposition. 5 MR. HAND: But you will not represent to me that 6 Mr. Driscoll has made any effort to avail himself of 7 information that is reasonably available to him? 8 MR. JACOBS: No. I think Mr. Driscoll,to the 9 contrary, has testified about review of some materials 10 which may in some way rslate to that issue. 11 MR. HAND: Q. What is the job title of the 12 person who is your supervisor, Mr. Driscoll? 13 A. Senior safety engineer. 14 Q. And where does that individual have his or her 15 offices? 16 A. At the Richmond refinery. 17 Q. And what is the job title of the person who is 18 the supervisor of the ssnior safety engineer? 19 A. I believe it's environmental safety -- 20 environmental and safety division manager. 21 Q. Does that -- is it environmental and safety 22 division of Chevron U.S.A.? 23 A. No. 24 Q. The environmental safety division of what 25 entity? 39 1 A. Richmond refinery. 2 Q. And do you have any understanding as to whether 3 Chevron U.S.A., Inc. has an environmental and safety 4 division? 5 A. To my knowledge, they do not have. 6 Q. What is your understanding as to the 7 organizational unit of Chevron U.S.A., Inc. that has 8 responsibility for environmental and safety matters? 9 A. Where? 10 Q. I assume that each refinery has certain 11 authority and responsibilities. And I assume also that 12 there is some entity on a national or a worldwide basis 13 that has some responsibility in such an area. That's what 14 I'm asking about. 15 MR. JACOBS: So the question is? 16 MR. HAND: Q. So the question is, what 17 organizational unit do you understand it is of Chevron 18 U.S.A., Inc. that has responsibility for environmental and 19 safety matters? 20 MR. JACOBS: All right. I am going to object to 21 the question as a cautionary matter. 22 The function of this litigation and this 23 deposition, really, is to talk about what's going on at 24 the.Richmond refinery. To the extent that this may bear 25 in some remote way on tnat, I'll let him answer the 40 1 question, but I just want to let you know that we're 2 getting close to the parameters. 3 THE WITNESS: I understand the responsibility of 4 the rest -- of the individual locations to E & S . 5 MR. HAND: Q. Is there no one at the Chevron 6 U.S.A., Inc. that the environmental and safety divisions 7 of the individual facilities reports to? 8 A. The environmental safety and safety division 9 manager reports to the refinery general manager in j 10 Richmond. j 11 Q. And is there anyone that they report to on a 12 corporate basis? 13 MR. JACOBS: Other than what he just said? 14 MR. HAND: Yes. . 15 THE WITNESS: To my knowledge, no. 16 MR. HAND: Q. If someone in the environmental 17 and safety division of the Richmond refinery has a 18 question regarding environmental and safety matters, is it 19 your understanding that there is no one at Chevron U.S.A., 20 Inc. with expertise in those areas? 21 MR. JACOBS: I'll object to the -- to the 22 hypothetical as being vague and incomplete. 23 And I'll ask you if you understand the question. 24 THE WITNESS: Yes. 25 MR. HAND: Q. Please, go ahead. 41 1 A. I'm not positive, but, no. 2 Q. So it's your oest understanding that if there 3 are changes, for instance, in the environmental laws, that 4 there would not be any direct communication from Chevron 5 U.S.A., Inc. to the environmental and safety divisions of 6 the various facilities -- 7 MR. JACOBS: I am going to -- 8 MR. HAND: Q. -- is that correct? 9 MR. JACOBS: Let me object to the question, 10 insofar as you've set up a dichotomy that doesn't exist. 11 MR. HAND: Maybe you can - 12 MR. JACOBS: Chevron U.S.A. Inc. operates a 13 refinery in Richmond. They are Chevron U.S.A., Inc. 14 MR. HAND: I am talking about the corporate 15 headquarters. . 16 MR. KAPLAN: So if I -- 17 MR. HAND: Q. Are you aware of any 18 communication between corporate headquarters and the 19 environmental and safety division of the Richmond 20 refinery? 21 A. Yes. 22 Q. And from what office at Chevron U.S.A., Inc. 23 headquarters did that communication or those 24 communications originate? 25 A. Can we take a break? 42 1 MR JACOBS: Sure. 2 (Recess taken from 2:10 to 2:15.) 3 (Record read.) 4 MR. HAND: And let the record show that Mr. 5 adsco11 had approximately five minutes to meet with his 6 affiEbrneys-- before providing the answer to this question. 7 Q. Go ahead. 8 A. Two offices, operations manager for CUSA 9 manufacturing.,, and the vice-president level for CUSA 10 menu factur ing. 11 MR. HAND: Could you read the answer back. I 12 missed it because of the noise. 13 (Record read.) 14 MR. HAND: Q. By CUSA manufacturing, Mr. 15 Driscoll, you're referring to Chevron U.S.A., Inc. 16 manufacturing unit, manufacturing responsibility? What -- 17 A. I'm referring to Chevron U.S.A., Inc. 18 manufacturing department. 19 Q. Department. 20 What other departments exist of Chevron U.S.A., 21 Inc., to your understanding? 22 A. Marketing. 23 Q. Sales? 24 A. Marketing. 25 Q. Okay. What else? 43 1 A. Supply and distribution. 2 Q. Okay. 3 A. Exploration. 4 Q. Okay. 5 A. And production. 6 Q. Just -- 7 A. And I'm not certain I know all of them. 8 Q. Just to give as the very most basic knowledge, 9 what is expiration? 10 MR. O'BRIEN: Exploration. 11 MR. JACOBS: Exploration. Yeah. Looking for 12 oil. 13 MR. HAND: Yeah. I understand what exploration 14 is. 15 MR. WHITE: That is when you run out of oil. 16 MR. JACOBS: Off the record. 17 (Discussion off the Record.) 18 MR. HAND: Q. Mr. Driscoll, are there any 19 industrial hygiene associations that you are a member of? 20 A. No. 21 Q. Do you know whether the senior safety engineer 22 at the Richmond facility is a member of any industrial 23 hygiene associations? 24 A. I don't know. 25 Q. Do you know of anyone at the Richmond refinery 44 1 who is a member of any industrial hygiene associations? 2 A. No. 3 Q. Is there an industrial hygienist in the employ 4 of the Richmond facility? 5 A. There is a person with a job title of industrial 6 hygiene technician. 7 Q. Only one individual with such a title? 8 A. There are twc job positions -- 9 Q. What are they? 10 A. -- with that title. There is only one - 11 Q. Filled at the moment? 12 A. Filled at the moment. 13 Q. Okay. And who does the -- in terms of job 14 title, the industrial hygiene technician report to? 15 A. Senior safety engineer. 16 Q. Have you had occasion, since you've been in the 17 employ of Chevron U.S.A., to research any industrial 18 hygiene questions; and in doing so, consult any materials 19 not at the Richmond facility? 20 A. Yes and no. 21 Q. Let's take the "yes" part first. 22 A. Yes, I've had occasion to research. No, I don't 23 recall specifically having -- having referred to materials 24 that weren't in the possession of the location at which I 25 was working. 45 1 Q. Do you recall going elsewhere to look at 2 Materials? 3 A. No. 4 Q. Do you recall any -- strike that. 5 If there are environmental or safety issues that 6 came up, do you recall communications between the 7 eavironmental and safety divisions of various facilities 8 ra environmental and safety issues? 9 A. Yes. 10 Q. And what do ^ ou -- what subject matters do you 11 recall what I 'll call division to division communications 12 'taking place on? 13 A. Respiratory protective equipment, fall 14 protection. 15 Q. What was the last one, fall? 16 A. Fall protection. 17 Q. fF-a-1-l? 18 A. Yes. 19 Q. Okay. Anything else? 20 A. Benzene monitcring. 21 Q. Anything else? 22 A. Nothing that comes to mind. 23 Q. Let's take benzene monitoring for a moment. Do 24 you recall seeing any communications at the Richmond 25 facility on benzene monitoring, where that communication 46 1 originated outside of tne Richmond refinery, other than in 2 an environmental and safety division, from another 3 facility? 4 MR. JACOBS: Well, I am going to object now. 5 We're getting pretty far from the purpose of the 6 deposition and -- 7 MR. HAND: Bear with me, Mark. I won't touch on 8 this for long. 9 MR. JACOBS: Dkay. But you're getting close to 10 the edge. 11 THE WITNESS: Yes. 12 MR. HAND: Q. And from whom -- where did that 13 communication originate? 14 A. From an induscrial hygienist. 15 Q. An industrial hygienist working at what 16 organizational unit? 17 A. Chevron Corporation. 18 Q. How about Chevron Corporation? Is that an 19 entity different from Chevron U.S.A.? 20 A. Yes. 21 Q. What is Chevron Corporation, as you understand 22 it? 23 A. It's a parent company of the Chevron 24 organization. 25 Q. And where -- 47 1 A. Corporate office. 2 Q. Where do they have their headquarters? 3 A. San Franciscc. 4 Q. Do you recall ever seeing any communications 5 regarding asbestos from Chevron Corporation? 6 A. I don't know if it will make any difference, but 7 any particular time frame? 8 Q. Any time. 9 A. I don't recall any particular correspondence 10 related to asbestos frcm chevron Corporation. No recall. 11 Q. And do you believe that you have seen 12 correspondence in the past that originated with Chevron 13 Corporation, and that refers to asbestos? 14 MR. JACOBS: I think he just asked and answered 15 that, but go ahead. 16 MR. HAND: Q. Without being able to remember 17 specifically any particular communication, do you believe 18 you have seen such communication before? 19 A. Yes. 20 Q. And what is the organizational unit at chevron 21 corporation that you believe you have seen this 22 communication from before? 23 A. Health environment and loss prevention, staff. 24 Q. Have you ever seen any communication from any of 25 the units at the Richmond refinery to Chevron corporation 48 1 that address asbestos issues? 2 A. No. 3 Q. Have you ever seen any communications from 4 Chevron Corporation to -- 5 A. Could I -- 6 Q. Yes, please. 7 (Discussion cff the Record.) 8 (Record read.) 9 THE WITNESS: I'd like to go back to the 10 previous question - 11 MR. HAND: Q. Please. 12 A. -- and answer a little bit differently. 13 Q. Please. 14 A. I have a better understanding of 15 "communication." 16 The safety section performs monitoring for a 17 variety of contaminants, one of which is asbestos. 18 Now, I'm not intimately knowledgeable about -- 19 right now, as to when that may have occurred, but the 20 protocol is to report results of monitoring, at least 21 electronically, into a database at the present time, and 22 that database is controlled by an element of HE & LP 23 staff. 24 MR. O'BRIEN: "Help." 25 MR. HAND: Q. So as you understand it, at least . 49 1 at the present time, tha Richmond refinery monitors 2 contaminants present at the refinery, including asbestos, 3 and reports the results to Chevron Corporation? 4 A. When monitored results are sent electronically 5 to the database for retention, and that's controlled by 6 Chevron Corporation. 7 Q. Do you recall, other than this electronic 8 communication of monitoring results, any communication, 9 written communication from the Richmond facility to 10 Chevron Corporation addressing asbestos? 11 A. I have no knowledge of that. 12 Q. Is there a medical director of Chevron U.S.A.? 13 A. No. 14 Q. Is there any position that you regard as roughly 15 corresponding to a medical director of Chevron U.S.A., or 16 what's -- 17 A. Yes. 18 Q. -- what's the closest that you can think of? 19 A. I believe there's a medical director at the 20 corporate staff level cf the medical department. 21 Q. So at the corporate level, there is a medical 22 department; is that correct? 23 A. Yes. 24 q . CUSA medical department? 25 A. Excuse me? 50 1 Q. CUSA medical department? 2 A. No. 3 Q. There was a C'JSA manufacturing department, isn't 4 there? 5 A. Yes. 6 Q. But not a CUSA medical department? 7 A. To the best cf my knowledge, no. 8 Q. What did you just say a second ago, that there 9 is a medical department at Chevron U.S.A.? 10 MR. JACOBS: No. 11 MR. HAND: I need you to explain that to me. 12 MR. JACOBS: Just listen to the question. 13 Answer his question. 14 THE WITNESS: Would you repeat the question, 15 please? 16 MR. HAND: Q. Is there a medical department at 17 Chevron U.S.A.? 18 A. What is Chevron U.S.A.? Location? 19 Q. Okay. When you were referring to a medical 20 director, I think you made reference to the medical 21 department; is that correct? 22 A. I believe I said medical department. 23 Q. And that there is a medical director at -- 24 medical department at Chevron U.S.A.? I still heed your 25 help in understanding that. What is there -- 51 1 A. Medical -- 2 MR. JACOBS: ait a second. "What is there." 3 Sorry, Jim. Ask your question. 4 THE WITNESS: Could you be more Specific? 5 MR. HAND: Q. What is the position that you 6 were thinking of in your mind as roughly comparable to a 7 medical director? 8 A. If I recall correctly the response previously, I 9 made reference to the medical director, medical department; 10 of Chevron Corporation. 11 Q. And there is no medical director of Chevron 12 U.S.A.; is that correct? 13 A. To my knowledge, no. 14 Q. And no position that you would regard as roughly 15 comparable to that? . 16 A. Could you be .tiore specific with regard to 17 Chevron U.S.A.? 18 Q. What is the difficulty you're having with 19 respect to Chevron U.S.A.? 20 MR. JACOBS: He's just trying to give you -- 21 MR. HAND: Q. Is it between the refineries and 22 the headquarters; is that it? 23 A. There is a difference with respect to the 24 question. 25 In my mind, t.iere's a difference between home 52 1 office in Richmond and El Segundo. 2 Q. Does the Richmond facility have a position that 3 you would regard as roughly comparable to medical 4 director? 5 A. Yes. 6 Q. And what is that position? 7 A. There is a doctor on the staff or -- I don't 8 know if it's appropriate to call it "staff." 9 There's a doctor at the Richmond refinery that I 10 would consider to be a -- you know - 11 Q. A medical director? 12 A. A medical director. 13 Q. A full-time doctor? 14 A. That's -- that's his profession. . 15 MR. JACOBS: Part-time still operator. 16 MR. HAND: Q . No. But I mean employed 17 full-time by -- at the Chevron refinery there in Richmond. 18 A. Yes. 19 Q. And are you aware of any position that you would 20 regard as roughly comparable to medical director at 21 Chevron U.S.A. headquarters? 22 A. No. 23 Q. Are you aware of any communications between 24 Chevron Corporation and the personnel at the Richmond 25 refinery regarding use of respirators? 53 1 A. Chevron Corporation and -- and personnel at the 2 Mchmond refinery regarding respirators? Yes. 3 Q. And again, that would have been from the health 4 environment and loss prevention group at Chevron 5 SOrporation, or from someone else? 6 A. From HE & LP> 7 Q. What is -- tha -- what is that group called, 8 health environment and loss prevention, a department? Is 9 IStere a unit -- 10 A. I believe it's called department. 11 Q. Department. And how do you understand that 12 cfiepartment is staffed? Is there a department manager at 13 the top? 14 A. Yes. 15 Q. And then below the department manager -- well, 16 let me strike that. 17 Do you understand that within HE & LP, there are 18 one or more industrial hygienists? 19 A. Yes. 20 Q. And how many industrial hygienists do you 21 understand there are? 22 A. I -- l don't know the exact number, but I'd say 23 approximately five. 24 Q. Have you ever consulted, yourself, with any of 25 those industrial hygienists with respect to industrial 54 1 hygiene matters at the Richmond refinery? 2 A. Yes. 3 Q. And were any of those consultant -- 4 consultations regarding asbestos matters? 5 A. No. 6 Q. Do you recall any of the industrial hygienists 7 from Chevron Corporation inspecting the Richmond refinery? 8 A. Excuse me? Could you repeat the question? 9 Q. Yes. 10 Do you recall any of the industrial hygienists 11 of Chevron Corporation aver inspecting the Richmond 12 refinery? 13 MR. JACOBS: With respect to asbestos? 14 MR. HAND: N c . 15 MR. JACOBS: Well, then I am going to object to 16 the question that it's overbroad, and instruct him to 17 limit his answer to asbestos, and not with respect to 18 other potential contaminants or health and safety issues. 19 MR. HAND: Well, wait a minute. 20 Q. I will ask right now, are you aware of whether 21 any industrial hygienists of Chevron Corporation have ever 22 participated in health and safety inspections at the 23 Richmond refinery? 24 A. I don't believe I have personal knowledge to 25 that effect. 55 1 Q. Have you ever seen any written communications 2 referring to any industrial hygienists of Chevron 3 Corporation participating in any health or safety 4 inspections at the Richmond refinery? 5 A. I don't recall. 6 Q. Do you know if Chevron Corporation has any 7 production facilities, Chevron Corporation, itself, as a 8 corporate entity? 9 A. I don't believe so. 10 Q. Have you ever had occasion to visit the library 11 at Chevron Corporation? 12 A. Could you be more specific? I know what a 13 library is, but I believe there are several different 14 libraries, law libraries, and so on. 15 Q. Have you ever been at a library at Chevron 16 Corporation that you believe contained industrial hygiene 17 books? 18 A. Yes. 19 Q. And what is the name of that library, or what 20 have you referred to it as? 21 A. The library. 22 Q. How do you distinguish that library from other 23 libraries there? Do the other libraries have some other 24 name, or is there some other way you designate it? 25 A. I haven't visited other libraries, so I don't 56 1 know how they refer to them. 2 Q. What floor is that library located on? 3 A. I believe it`s on the 37th floor. 4 Q. And did you have -- or have you visited that 5 library on more than one occasion? 6 A. Yes. 7 Q. And have you ever visited that library for 8 purposes of consulting industrial hygiene materials? 9 A. Yes. 10 Q. Do you have any understanding as to whether 11 Chevron Corporation has offices at more than one location? 12 MR. JACOBS: Could you read the question back. 13 I'm sorry. I missed something. 14 (Record read.) 15 THE WITNESS: To -- to my knowledge, Chevron 16 Corporation is located in San Francisco. 17 MR. HAND: Q. Only at the one location, that's 18 all you're aware of? 19 MR. JACOBS: If you don't know, say you don't 20 know. 21 THE WITNESS: I'm not sure. I don't know. 22 MR. HAND: Q. Do you know whether spray-on 23 asbestos-containing materials have ever been used at the 24 Richmond refinery? 25 A. I have no knowledge of that. 57 1 Q. What is the meaning of the term "asbestos 2 abatement program" to you? Does that have any particular 3 meaning? 4 MR. JACOBS: With respect to the Richmond 5 refinery or -- 6 MR. HAND: In general. 7 THE WITNESS: General -- general opinion would 8 be -- an abatement program would be a -- one that involved 9 minimizing exposures tc ACM materials, asbestos-containing 10 materials. 11 MR. O'BRIEN: Just like the military. 12 THE WITNESS: And then would -- then would have 13 a protocol established for how to deal with materials that 14 have been removed, or that may be, you know, contaminated, 15 you know, with fiber. 16 MR. HAND: Q. Is there what you would regard as 17 an asbestos abatement program in effect at present at the 18 Richmond refinery? 19 A. Yes. 20 Q. And who at the Richmond refinery is in charge of 21 supervising the implementation of that program? 22 A. Could you be clearer regarding "supervise"? Is 23 it supervise the work, or -- or just responsible for 24 safety related to -- 25 Q. Responsible for administration of the program. 58 1 A. Line supervision is responsible to enact 2 policies and practices in general, so that the 3 responsibility to do it a particular way rests at that - 4 at that supervisory level. 5 Q. Is the environmental and safety division of the 6 Richmond refinery responsible for carrying out an asbestos 7 abatement program at the Richmond refinery? 8 MR. JACOBS: Jsing the term in the way that the 9 witness defined it? 10 MR. HAND: Yes. 11 THE WITNESS: No, I don't believe so. 12 MR. HAND: Q. Who is, then? 13 A. The -- the line management supervision who 14 performs the work. 15 Q. Who performs the work there? 16 A. Could you be more specific to "work"? What kind 17 of work? 18 Q. Asbestos abatament work. 19 A. Within the refineries organizational structure, 20 the maintenance department. 21 One of the groups within the maintenance 22 department is the general mechanic -- general maintenance 23 group. And within that group, there is a subgroup that 24 manages insulation. 25 Q. And when was this asbestos abatement program, 59 1 the way that you've described the program, put into effect 2 at the Richmond facility? 3 A. 1 believe one existed at the time I started at 4 the facility. And I don't have knowledge prior to that. 5 Q. What was the program referred to when you began 6 working at the facility? How did you hear it referred to? 7 MR. JACOBS: If it even had a name. 8 MR. HAND: Right. 9 THE WITNESS: Something along the lines of safe 10 handling or -- or asbescos exposure control instruction. 11 MR. HAND: Q. Is it your understanding that as 12 part of that program, efforts were made to remove 13 asbestos-containing materials and replace them with 14 non-asbestos-containing materials? 15 A. Could you repeat the question again? 16 Q. Do you understand that as part of that program, 17 efforts were made to remove asbestos-containing materials 18 and replace them with ncn-asbestos-containing materials? 19 A. The instruction called for replacing any removed 20 materials with non -- non-asbestos-containing material, as 21 a preference. 22 Q. But you're net aware of any part of that program 23 that sought solely to remove asbestos-containing materials 24 and replace them with non-asbestos-containing materials? 25 That is, the way you seem to be describing it. 60 1 if you are removing asbestos-containing materials, you 2 shall replace them with non-asbestos-containing materials. 3 I'm trying tc draw a distinction between that, 4 and a directive that you will go remove dome 5 asbestos-containing materials solely because they contain 6 asbestos, and you shall remove -- you shall replace them 7 with non-asbestos-containing materials. 8 Do you understand what I'm referring to? 9 A. Yes. 10 Q . Okay. 11 As part of this program, do you recall there 12 being an effort to remove asbestos-containing materials 13 solely because they contained asbestos, and replace them 14 with non-asbestos-containing materials? 15 A. No. 16 Q. So the focus on replacement with 17 non-asbestos-containing materials, if I understand you 18 correct, is that if you are removing asbestos-containing 19 materials, then you shall replace them with 20 non-asbestos-containing materials; is that correct? 21 A. Within the time frame that I have knowledge of 22 the procedure, that's what I -- I understand it to mean. 23 Q. And your knowledge would be from 1981 to the 24 present? 25 A. Could you repeat the question? 61 1 MR. JACOBS: iieah. Why don't you repeat the 2 question. 3 MR. HAND: Q. What is the time period that you 4 have knowledge about? 5 A. 1981 and -- and the present. 6 Q. And you don't know when this program was first 7 implemented at the Richmond refinery; is that correct? 8 A. Yes. 9 Q. You do know? 10 MR. JACOBS: tfait. It's a double negative in 11 your question. 12 MR. HAND: I'm sorry. 13 Q. Do you know when the program was first 14 implemented at the Richmond refinery? 15 A . No. 16 Q. Are you aware of any reports recording of 17 results of that program? 18 A. "Results," meaning what? 19 Q. What's been accomplished thus far. 20 A. No, I don't believe so. 21 Q. Are you aware of any efforts made to identify 22 all asbestos-containing materials present at the Richmond 23 refinery? 24 A. Yes. 25 Q. And when was that effort made to identify all 62 1 asbestos-containing materials present at the Richmond 2 refinery? 3 A. I'm aware of an effort to develop that ` 4 understanding -- 5 MR. JACOBS: Would you read back the question. 6 Listen to the question. 7 (Record read.) 8 Hr . HAND: Q. What's your response? 9 A. Could you read back what I had started to say, 10 please. 11 MR. HAND: Plaase. 12 (Record read.) 13 THE WITNESS: Circa 1988. 14 MR. HAND: Q. Have you seen signs at the 15 Richmond refinery indicating where asbestos materials are 16 present? 17 A. I -- I don't recall. 18 Q. You don't recall seeing any signs indicating 19 that asbestos is present here, or there, or somewhere 20 else? 21 A. I can't recall. 22 Q. Have you, yourself, participated in any asbestos 23 monitoring at the Richmond refinery? 24 MR. JACOBS: You mean air sample monitoring? 25 MR. HAND: Yes. 63 1 THE WITNESS: I don't recall. 2 MR. HAND: Q. Are you aware of any materials 3 being sent out for laboratory testing to determine whether 4 or not they contain asbestos? 5' A. Yes. 6 Q. And during what time period do you understand 7 that such materials were sent out for testing? 8 A. I -- I'm aware because there are results, and 9 the analyses is done by an outside laboratory. I can't 10 give a date. 11 Q. Can you give an estimate as to when any of those 12 testings took place? 13 A. No. 14 Q. What precautions were taken at the Richmond 15 refinery, between 1960 and 1980, to protect persons 16 working there from inhaling asbestos fibers? 17 A. I -- I'm not sure. 18 Q. When were masks and respirators provided to 19 people at the Richmond refinery for use when working with 20 or around asbestos-containing materials? Do you know when 21 they were first provided? 22 A. In -- in reviewing some of the records that I 23 had referred to earlier, there are -- there is an 24 indication on those records where the respiratory 25 protective equipment was worn during the monitoring 64 1 period, and I recall seme of those indicating that 2 respirators were worn. 3 Q. And do you recall some of those indicating that 4 respirators were not worn? 5 A. Yes. 6 Q. And those are the monitorings from the early 7 1970s? 8 A. Yes. 9 Q. Today, people who remove asbestos materials, is 10 it your understanding tnat the use of masks or respirators 11 is madatory? 12 A. Yes. 13 Q. Are you aware of any precautions -- strike that. 14 Are you aware of Chevron U.S.A. ever -nforming 15 anybody working at the Richmond facility, between 1960 and 16 1980, that asbestos-containing materials are present? 17 MR. JACOBS: Other than what he's already 18 testified to? 19 MR. HAND: I didn't hear anything testified to, 20 so if there was something that I missed, please tell me. 21 THE WITNESS: I would -- 22 THE WITNESS: No. I -- 23 MR. JACOBS: Other than what -- 24 THE WITNESS:Not specifically. 25 MR. JACOBS: Other than what you already 65 1 testified to, is there anything? 2 THE WITNESS: No. 3 MR. HAND: I'm sorry. I'm asking the questions, 4 Mark. 5 MR. JACOBS: Jo ahead. Excuse me, Jim. 6 MR. HAND: Q. Is there something you testified 7 to earlier that indicated that Chevron U.S.A. informed 8 people at the Richmond refinery, sometime between 1960 and 9 1980, that asbestos-containing materials were present 10 there? Are you aware cf any such communications? 11 A. By inference, the piece of paper that I had 12 referred to before that said that insulating materials 13 containing ACMs would no longer be purchased, inferred 14 that they were purchased. 15 ' Depending on how that document was distributed, 16 I assume that could be seen as a communication. 17 Q. This is a document that indicated that Chevron 18 would no longer be purchasing asbestos-containing 19 materials for use in insulation at the Chevron facility in 20 Richmond; is that correct? 21 A. In insulating materials? 22 Q. Right. 23 A. I believe that's what I recall having read. 24 Q. And prior to that communication that Chevron 25 would no longer be purchasing asbestos-containing 66 1 insulation materials fcr use at the Richmond refinery, you 2 are unaware of any communications by Chevron to persons 3 working at that facility that asbestos-containing 4 materials were present; is that correct? 5 MR. JACOBS; Of your personal knowledge. 6 THE WITNESS; Yes. 7 MR. HAND; Q. And you have not seen any records 8 of any such communications; is that correct? 9 A. Yes. 10 MR. HAND: I have nothing further. 11 Anyone? I've got to get out of here. 12 (The deposition concluded at 3:00 p.m.) 13 14 Date 15 Signature of Witness 16 17 18 19 20 21 22 23 24 25 67 1 CERTIFICATE OF DEPOSITION OFFICER 2 3 I, Marjorie Forman, CSR #2783, duly authorized 4 to administer oaths Pursuant to Section 2093(b) of the 5 California Code of Civil Procedure, hereby certify that 6 the witness in the foregoing deposition was by me duly 7 sworn to testify the truth, the whole truth and nothing 8 but the truth in the within-entitled cause; that said 9 deposition was taken at the time and place therein stated; 10 that the testimony of tne said witness was reported by me 11 and thereafter transcribed by me or under my direction 12 into typewriting; that the foregoing is a full, complete 13 and true record of said testimony; and that the witness 14 was given an opportunity to read and correct said 15 deposition and to subscribe the same. 16 I further certify that I am not of counsel or 17 attorney for either or any of the parties in the foregoing 18 deposition and caption named, or in any way interested in 19 the outcome of the cause named in said caption. 20 21 DEPOSITION OFFICER 22 I hereby certify this copy 23 is a true and exact copy of the original. 24 25 HARRY F. WARTNICK, ESQ. 1 MADELYN-J. CHABER, ESQ. STEVEN M. HAROWITZ, ESQ. 2 AUDREY A. SMITH, ESQ. CARTWRIGHT SLOBODIN, BOKELMAN, BOROWSKY, 3 WARTNICK MOORE & HARRIS INC. 101 California Street, 26th Floor 4 San Francisco CA 94111 (415) 433-0440 5 Attorneys for Plaintiff 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SAN FRANCISCO 9 10 NORMAN BANKS, ) 11 ) Plaintiff, ) 12 ) vs. ) 13 ) RAYBESTOS-MANHATTAN, et al., ) 14 ) Defendants. ) 15 ) ) 16 IN RE: ) ) 17 COMPLEX ASBESTOS LITIGATION ) __________ __ ) 18 No. 791576 NOTICE OF TAKING DEPOSITION 19 TO: 20 DEFENDANTS STANDARD OIL COMPANY AND CHEVRON USA, INC., AND ALL OTHER DEFENDANTS AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE that on May 15, 1991, at 9:00 a.m., 22 and each day thereafter until completed, at the office of 23 Sedgwick, Detert, Moran & Arnold, One Embarcadero Center, 16th 24 Floor, San Francisco, California, plaintiff will take the 25 deposition of the person(s) presently employed by defendants 26 STANDARD OIL COMPANY AND CHEVRON USA, INC. who is most qualified and most knowledgeable about the matters set forth 1 below. 2 IT IS FURTHER NOTICED, California Code of Civil 3 Procedure Sction 2025(d) mandates that this defendant 4 "designate and produce" the officers or employees "most 5 qualified" to testify on its behalf as respects knowledge of 6 the matters set forth in this notice of deposition. The 7 person(s) so designated must testify "to the extent of any 8 information known or reasonably available" to the above-named 9 defendant. [C.C.P. Section 2025(d).] 10 DEFINITIONS 11 Reference to "STANDARD OIL COMPANY," "CHEVRON USA, 12 INC.," "you" and "yours" means the above-named defendant herein 13 and all predecessors in interest, and successors in interest of 14 the named defendant herein. 15 THE PERSON(S) MOST QUALIFIED AND MOST KNOWLEDGEABLE TO 16 TESTIFY ABOUT THE FOLLOWING: 17 1. Refractory work (for boilers, tanks, furnaces) 18 done at the CHEVRON U.S.A. refinery in Richmond, California, 19 which people often in the past have referred to as the Standard 20 Refinery in Richmond (henceforth referred to as "the refinery 21 in Richmond") between 1950 and 1980, and what companies did 22 that work. 23 2. Pipe insulation work done at the refinery in 24 Richmond between 1950 and 1980, and what companies did that 25 work. 26 -2- 3. Use of asbestos-containing spray-on fireproofing 1 and/or acoustical material at the refinery in Martinez between 2 1950 and 1980, and what companies did that work. 3 4. Any purchase by CHEVRON U.S.A. (or any corporate 4 predecessors thereto) of asbestos-containing block insulation 5 (for refractory purposes), pipe insulation, spray-on material, 6 and cement (for insulating pipe or refractory materials) 7 between 1950 and 1980 for use at the refinery in Richmond. 8 5. When CHEVRON U.S.A. (or, if CHEVRON U.S.A. did 9 not own the refinery in Richmond in 1975, the corporate 10 predecessor that did) became aware that inhalation of asbestos 11 fibers may pose a health hazard (including through articles or 12 textbooks in its library). 13 6. Implementation by CHEVRON U.S.A. of an asbestos 14 abatement program at the refinery in Richmond (or, if 15 appropriate, the corporate predecessor that did) and actions 16 accomplished to date as part of that program. 17 7. Precautions taken by CHEVRON U.S.A. (and any 18 applicable corporate predecessor) between 1960 and 1980 to 19 protect persons working at the refinery in Richmond from 20 inhaling asbestos fibers because of working with or around 21 asbestos-containing materials, such as providing warnings, 22 masks, respirators, and when these precautions were taken. 23 8. Records in existence as to all of the foregoing 24 matters. 25 26 -3 9. The identities of the manufacturers and suppliers 1 of the materials identified in Nos. 1 through 3, above. 2 These persons will additionally be asked to testify 3 about matters that are relevant to this litigation or may lead 4 to relevant matters. 5 This is a "piggyback" notice. This deposition was 6 originally noticed by the Law Offices of Brayton & Associates. 7 Any changes to the original deposition notice will apply to 8 this notice. 9 Dated: April 29, 1991 10 CARTWRIGHT, SLOBODIN,xBOKELMAN, 11 BOROWSKty/WARTNIC** MOORE & HARRIS^) INC./ 12 13 ..... ...... tnick--- 14 HARRt F. W/ ftorneys for Plaintiffs 15 16 17 18 19 20 21 22 23 24 25 26 - 4- DECLARATION OF SERVICE BY MAIL (CCP Sections 1013(a), 2015.5) 1 - I, the undersigned, under penalty of perjury, declare 2 and say: 3 That I am, and was at the tines of the service 4 hereinafter nentioned, over the age of 18 years, a citizen of the 5 United States, and not a party to the within entitled cause of 6 action. My business address is 101 California Street, 26th 7 Floor, San Francisco, CA 94111, and I an employed in the City 8 and County of San Francisco, State of California. 9 On the date last written herein I served the: 10 NOTICE OF TAKING DEPOSITION 11 12 by placing for collection and deposit in the United States mail a 13 copy of said document at 101 California, 26th Floor, in San 14 Francisco, California, in a sealed envelope, with postage fully 15 prepaid, addressed to: 16 SEE ATTACHED 17 I am readily familiar with the business' practice for 18 collection and processing of correspondence for mailing with the 19 United States Postal Service. Service of the above-described 20 document would have been deposited with the United States Postal 21 Service on the same day as the date last written herein, the same 22 day on which said document was placed at Cartwright, Slobodin, 23 Bokelman, Borowsky, Wartnick, Moore 6 Harris, Inc., for deposit 24 in the United States Postal Service. * . 25 Executed on 4/30/91 at San Francisco, CA. 26 TERI L. FINK BROBECK, PHLEGER & HARRISON One M arket P la z a S p ear S tr e e t T ow er, 23 rd F I. '' n F r a n c i s c o , CA 9 4 1 0 5 u.tSSARD, BONNINGTON, ROGERS 6 HUBER 50 F rem o n t S t r e e t , #3400 S a n F r a n c i s c o , CA 9 4 1 0 5 MORGENSTEIN 6 JU B E L IR E R 101 M arket S tr e e t S ix th F lo o r San Francisco, CA 9 4 1 0 5 CAREY CANADA/CELOTEX/RAYMARK BJO RK , F L E E R , LAWRENCE 6 HARRIS 483 N in th S tre e t O a k l a n d , CA 9 4 6 0 7 EAGLE PICHER JACKSO N, WALLACE 6 33 New M o n tg o m e ry , S a n F r a n c i s c o , CA HAYDEN 1 8 th F I. 94105 FLINTKOTE CORP. LANDELS, RIPLE Y 6 DIAMOND 350 S te u a rt S tr e e t 'n F r a n c i s c o , CA 9 4 1 0 5 - 1 2 5 0 KA ISER CEM ENT/KAISER GYPSUM KINCAID, GIANUNZIO, CAUDLE, 200 W eb ster S tr e e t, 4200 O a k l a n d , CA 9 4 6 0 4 e tc . M .H . D E T R IC K /J.P . STEVENS CARROLL, BURDICK, e t c . 44 M ontgom ery S t r e e t , #400 S a n F r a n c i s c o , CA 9 4 1 0 4 HOPEMAN BROTHERS THOMPSON 6 HELLER 3600 A m erican R iv e r D r ., S a c r a m e n t o , CA 9 5 8 6 4 #150 MANVILLE PERSONAL INJURY SETTLEMENT TRUST M r. D a n ie l A lb e r ti ROPERS, M AJESKI, e t c . 1001 M arsh all S tr e e t R edw ood C i t y , CA 9 4 0 6 3 OWENS-CORNING FIBERGLAS POPELKA, ALLARD, McCOWAN 6 JON ES 633 B a tte ry S tr e e t, 5 th F I. S a n Francisco, CA 9 4 1 1 1 PLANT INSULATION CO. TARKINGTON, O'CONNOR 6 O 'N E IL L One M arket P la z a S p ear S tr e e t T ow er, #4100 S a n F r a n c i s c o , CA 9 4 1 0 5 UNIROYAL LAW O F F IC E S OF NANCY E . HUDGINS 605 M arket S tr e e t, #700 S a n F r a n c i s c o , CA 9 4 1 0 5 W. R . GRACE COMPANY GORDON 6 REES 275 B a tte ry S tr e e t, 2 0 th F I. S a n F r a n c i s c o , CA 9 4 1 1 1 W. R . GRACE COMPANY C L A P P , MORONEY, e t c . 4400 Bohannon D r., 4100 M en lo P a r k , CA 9 4 0 2 5 WESTERN MacARTHUR COMPANY HARDIN, COOK, LOPER, e t c . 1999 H a rriso n S tr e e t, 1 8 th F I. O a k l a n d , CA 9 4 6 1 2 BERRY 6 BERRY D esig n ated D efense C ounsel P .O . Box 70250 O a k l a n d , CA 9 4 6 1 2 - 0 2 5 0 SHIELD 6 SMITH C e n te r fo r C laim s R e s o lu tio n 580 C a lifo rn ia S tr e e t, 41400 S a n F r a n c i s c o , CA 9 4 1 0 4 PLANT INSULATION CO. DREVLOW, MURRAY 6 PAYNE 4000 C iv ic C e n te r D r., 4209 S a n R a f a e l , CA 9 4 9 0 3 ANCHOR PACKING CO . MCNAMARA, HOUSTON, DODGE, McCLURE 6 NEWY P .O . Box 5288 W a l n u t C r e e k , CA 9 4 5 9 6 ABEX CORPORATION ' SULLIVAN, ROCHE fi JOHNSON 333 Bush Street, 18th FI. S*n Francisco, CA 94104 .LED SIGNAL/BENDIX CORP. GORDON & REES ' 275 Battery Street, 20th FI. San Francisco, CA 94111 BORG-WARNER McGLYNN, McLORG & McDOWELL 188 Embarcadero, #200 San Francisco, CA 94105 CARLISLE CORPORATION ARCHER, McCOMAS 6 LAGESON P.O. Box 8035 Walnut Creek, CA 94596 CHRYSLER CORPORATION CROSBY, HEAFEY, etc. 1999 Harrison Street Oakland, CA 94612 EXCELSIOR STUMBOS & MASON P.O. BOX 868 Sacramento, CA 94804 DGESTONE/FIRESTONE, INC. ERICKSEN, ARBUTHNOT, etc. 1304 Willow Street Martinez, CA 94553 FORD MOTOR COMPANY BARFIELD, DRYDEN & RUANE One California St., #3125 San Francisco, CA 94111 AMERICAN ASBESTOS/GENERAL VENEER LOW, BALL & LYNCH 601 California Street, 21st FI. San Francisco, CA 94108 BABCOCK & WILCOX ANDERSON, GALLOWAY, etc. 1676 N. California Blvd., #500 Walnut Creek, CA 94596 COMBUSTION ENGINEERING KNOX, RICRSEN, etc. 1999 Harrison St., #1700 Oakland, CA 94612-3500 LEAR-SIEGLER KEESAL, YOUNG & LOGAN 4 Embarcardero Ctr., #1500 San Francisco, CA 94111 LEAR-SIEGLER CROSBY, HEAFEY, etc. 1999 Harrison Street Oakland, CA 94612 NAVISTAR HARRINGTON, FOXX, etc. 611 W. Sixth St., 9th FI. Los Angeles, CA 90017 THIOKOL GILLES 6 NICORA 1900 Embarcadero, #300 Oakland, CA 94606 WAGNER ELECTRIC STEVENS, DRUMMOND & GIFFORD 1910 Olympic Blvd., #250 Walnut Creek, CA 94596 CHRYSLER MOTORS CORP. ALEXANDER, MILLNER & McGEE 71 Stevenson Street, 19th Fl. San Francisco, CA 94105 CLAREMONT CO., INC. JEFFREY & HEINEMANN 685 Market Street, #330 San Francisco, CA 94105 FIREMAN'S FUND INS. CO. MULLEN & FILIPPI 50 Fremont St., 19th Fl. San Francisco, CA 94105 CROWN, CORK 6 SEAL LAW OFFICES OF MARK ROSENTHAL 3 Embarcadero Ctr., #670 San Francisco, CA 94111 GARLOCK GLASPY & GLASPY 201 N. Civic Dr., #245 Walnut Creek, CA 94596 MANTECA UNIFIED SCHOOL DISTRICT MULLEN & FILIPPI 801 Twelfth St., #220 Sacramento, CA 95814 Rev. 12/10/90 H.K. PORTER ' BOGLE & GATES 14000 ROIN Center S.W. Columbia Street .land, OR 97201 E. J. BARTELLS " FINAN, WHITE & PAETZOLD 150 Spear St., #1725 San Francisco, CA 94105 BURLINGTON RAILROAD CROSBY, HEAFEY, ROACH & MAY 1999 Harrison Street Oakland, CA 94612 SOO LINE RAILROAD WILLIAMS & MONTGOMERY 20 N. Wacker, #2100 Chicago, IL 60606 FOSTER WHEELER CORP. KNOX, RICRSEN, etc. 1999 Harrison St., #1700 Oakland, CA 94612 A. P. GREEN REFRACTORIES BENNETT, SAMUELSEN, etc. 1951 Webster St., #200 land, CA 94612 COOPER, WHITE & COOPER 101 California St., #1600 San Francisco, CA 94111 LOW, BALL & LYNCH 601 California St. San Francisco, CA 94108 McGLYNN, McLORG, etc. 188 Embarcadero, #200 San Francisco, CA 94105 VAN DePOEL 6 STRICKLAND 1999 Harrison St., #1100 Oakland, CA 94612 SACOMO MANUFACTURING/SACOMO-SIERRA INC./PARKER HANNIFIN CORP. BRONSON, BRONSON 6 MCKINNON 100 B Street, #400 ''nta Rosa, CA 95401 SOO LINE RAILROAD ARMOUR, ST.JOHN, WILCOX, etc. 505 Sansome Street San Francisco, CA 94111 VanCOTT, BAGLEY, CORNWALL, etc. P.O. Box 45340 Salt Lake City, UT 84145 GEORGIA PACIFIC MARRON, REID 6 SHEEHY 601 California St., *1200 San Francisco, CA 94108 WESTINGHOUSE AIRBRAKE P.O. Box 45340 Sait Lake City, UT 84145 Richard L. Reynolds BENNETT, SAMUELSEN, REYNOLDS, etc. 1951 Webster St., # 200 Oakland, CA 94612 WESTINGHOUSE ELECTRIC CORP. CROSBY, HEAFEY, etc. 1999 Harrison St. Oakland, CA 94612 WINNINGHAM, ROBERTS, etc. 60 Spear Street, #800 San Francisco, CA 94105 GAF McCUTCHEN, DOYLE, etc. 3 Embarcadero Ctr. San Francisco, CA 94111 NICOLBT St.CLAIR, ZAPPETTINI, etc. One Montgomery St., #1400 San Francisco, CA 94104 U.S. GYPSUM John J. Murray 702 Marshall St., #250 Redwood City, CA 94063 SEPCO CORP. SMYLIE 6 SELMAN 2049 Century'Park East, #2600 Los Angeles, CA 90067 Rev. 12/10/90 KEENE CORP. ' MULLALLY 6 CEDERBORG 435 14th St., #1405 0 `land, CA 94612 \ INDOSTRIES BISHOP & BARRY 465 California St.# 11th FI. San Francisco# CA 94104 METAL CLAD INSULATION CORP. P. Richard Colombatto# Esq. MISCIAGNA# SCHNEIDER & COLOMBATTO 27 Maiden Lane# 4th Floor San Francisco# CA 94108 HAMILTON MATERIALS WALSWORTH# FRANKLIN & BEVINS 111 Sutter Street# 19th Floor San Francisco# CA 94104 KELLY-MOORE BURNHILL# MOREHOUSE# etc. P.O. Box 5168 _ Walnut Creek# CA 94596 SYNKOLOID BRANSON# FITZGERALD & HOWARD 643 Bair Island Road wood City# CA 94063 GRAYBAR ELECTRIC COMPANY, INC. CAPPS, STAPLES# WARD# HASTINGS & DODSON P.O. Box 5607 Walnut Creek# CA 94596 ROME CABLE SKJERVEN# MORRILL, MACPHERSON, FRANKLIN & FRIEL 601 Montgomery St.# 19th FI. San Francisco# CA 94111 THE OKONITE COMPANY# INC. MULLALLY & CEDERBORG 436 Fourteenth St.# #1405 Oakland# CA 94612 THE ROCKBESTOS COMPANY BJORK# FLEER# LAWRENCE & HARRIS 483 Ninth Street Oakland# CA 94607 THORPE INSULATION COMPANY Richard J. Hildebrant# Esq. 757 West 9th Street San Pedro# CA 90731 GARLOCK INDUSTRIES/COLT INDUSTRIES GLASPY 6 GLASPY 201 N. Civic Dr.# Ste. 245 Walnut Creek# CA 94596 ASARCO/LAKE ASBESTOS John P. Macmeeken# Esq. PETTIT & MARTIN 101 Calif. St. San Francisco# CA 94111 UNIROYAL/BENDIX HILL# GENSON# etc. 505 Shatto Place Los Angeles# CA 90020 OWENS-CORNING FIBERGLAS POPELKA# ALLARD# McCOWAN & JONES 160 West Santa Clara St.# 13th FI. San Jose, CA 95113 THORPE INSULATION COMPANY POND, SHJEFLO & WOHL 1730 S. El Camino Real# 6th Fl. San Mateo# CA 94402 GENERAL ELECTRIC COMPANY SEDGWICK# DETERT# MORAN 6 ARNOLD One Embarcadero Ctr.# 16th Fl. San Francisco# CA 94111-3765 GENERAL CABLE CORPORATION HANCOCK# ROTHERT & BUNSHOFT 4 Embarcadero Center, lOth Fl. San Francisco# CA 94111-4168 THE ANACONDA COMPANIES JEDEIKIN# GREEN# SPRAGUE & BISHOP 300 Montgomery Street, 4450 San Francisco# CA 94104 PHELPS DODGE# CORPORATION FINAN# WHITE 6 PAETZOLD 150 Spear Street# Suite 1725 San Francisco# CA 94105 . Rev. 12/10/90 WESTINGHOUSE AIRBRAKE/AMERICAN STANDARD, INC. GREVE, CLIFFORD, DIEPENBROCK, etc. *0 -G" Street, #400 ' > ramento, CA 95811-2469 jk - .. UNION PACIFIC RAILROAD CO. CROSBY, HEAFEY, etc. 1999 Harrison St. Oakland, CA 94612 JOHN CRANE-HOUDAILLE, INC. MCDONALD, CULLOM 6 BURLAND 635 Sacramento St., #720 San Francisco, CA 94111 MISSOURI PACIFIC RAILROAD CROSBY, HEAFEY, ROACH 6 MAY 1999 Harrison Street Oakland, CA 94612-3573 SUPRADUR MANUFACTURING CO. BRANSON, FITZGERALD & HOWARD 643 Bair Island Road, #400 P.O. Box 2189 Redwood City, CA 94064-2189 n- . % GENERAL MOTORS PARICHAN, RENBERG, etc. 2350 W. Shaw, #154 Fresno, CA 93794 ALTON 6 SOUTHERN RAILROAD HYDE 6 FORSBLAD 1850 Mount Diablo Blvd., #300 Walnut Creek, CA 94596 SOUTHERN PACIFIC TRANS. CO. JOHN J. CORRIGAN Southern Pacific Bldg. One Market Plaza San Francisco, CA 94105 A&M INSULATION, INC. MCDONALD, CULLOM 6 BURLAND 635 Sacramento Street, #720 San Francisco, CA 94111 NOBLE AUTO PARTS LAW OFFICES OF CLIFF MCGHEE 913 West Roseburg Avenue Modesto, CA 95350 Rev. 12/10/90