Document rp4baJvvyOOJRZVKJD4M5gx40

1 IN THE COURT OF COMMON PLEAS 2 LAKE COUNTY, OHIO 3 RUTH N. BURNHEIMER, Plaintiff 4 VERSUS 5 CASE NUMBER 91CV001653 JUDGE PARKS 6 UNIROYAL CHEMICAL CO., INC. : ET AL, 7 Defendants 8 ********************* 9 The deposition of LAVERN E. LANDRY, a witness 10 in this proceeding, was taken at the instance of the 11 Plaintiff herein, before and by Sharon S. Wendt, a 12 Certified Shorthand Reporter for the State of Louisiana 13 and a Registered Professional Reporter, at the offices 14 of Baton Rouge Court Reporters, located at 11832 15 Newcastle Drive, Suite 16, Baton Rouge, Louisiana, on 16 the 10th day of November, 1992, commencing at 1:35 p.m. 17 and ending at 3:35 p.m. 18 19 APPEARANCES: 20 PETER J. BRODHEAD, ESQ. Spangenberg, Shibley, Traci & ) 21 Lancione ) 1500 National City Bank Bldg. ) 22 Cleveland, Ohio 44114 ) ) For thePlaintiff 23 VICTORIA L. VANCE, ESQ. Arter & Hadden 24 1100 Huntington Building Cleveland, Ohio 44115 25 ) For the Defendants, ) Borden, Inc. and ) Monochem, Inc. ) Baton Rouge Court Reporters, Inc. , Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001303 2 1 ANNE Y. KOESTER, ESQ. Bunda, Stutz & DeWitt 2 One SeaGate, Suite 650 Toledo, Ohio 43604 3 ) For the Defendant, ) Uniroyal Chemical ) Company, Inc. ) 4 5 6 STIPULATION 7 INDEX Page 3 8 EXAMINATION BY: 9 MR. BRODHEAD....................................................................................................4,67 10 MS. VANCE.................................................................................................................56,74 11 CERTIFICATE. ....................................................................................................78 12 READ AND SIGN AFFIDAVIT.....................................................................7 9 13 14 15 Landry 1 16 Landry 2 17 Landry 3 18 Landry 4 19 20 Landry 5 21 Landry 6 22 23 Landry 7 24 Landry 8 25 LIST OF EXHIBITS Letter from Dr. Werner to Mr. Landry dated 6-11-64 Vinyl Chloride Testing Program dated July Methods of Obtaining Blood Vinyl Chloride Testing Program dated 12-11-74 Letter to Mr. Fletcher and Dr. Werner from Dr. Forbes dated 11-6-74 Letter to Mr. Landry from Mr. Lloyd dated 2-19-75 Letter to Dr. Forbes from Mr. Landry dated 6-13-75 Regulation of vinyl chloride as health hazard in U.S. Baton Rouge Court Reporters, Inc .. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001304 3 1 STIPULATION 2 IT IS STIPULATED AND AGREED by and among 3 the parties in the proceeding above numbered and 4 entitled that the testimony of LAVERN E. LANDRY, a 5 witness in this matter, shall be taken at the instance 6 of the Plaintiff herein, before and by Sharon S. 7 Wendt, a Certified Shorthand Reporter for the State of 8 Louisiana and a Registered Professional Reporter, on 9 the 10th day of November, 1992, at the offices of Baton 10 Rouge Court Reporters, located at 11832 Newcastle 11 Drive, Suite 16, Baton Rouge, Louisiana; that the 12 witness shall be sworn by said Court Reporter so 13 reporting; that the testimony shall be taken under oral 14 examination reserving the right to make objections, 15 except as to the form of the question and the 16 responsiveness of the answer, until the time of the 17 trial of this matter; that the reading and signing of 18 the deposition are not waived by the parties and by the 19 witness; and that the said deposition is being taken 20 for discovery purposes and for any and all purposes 21 authorized under the Ohio Rules of Civil Procedure. 22 23 24 25 Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001305 4 1 LAVERN E. LANDRY, after having been first duly 2 sworn, was examined and testified as follows: 3 EXAMINATION 4 BY MR. BRODHEAD: 5Q Mr. Landry, can you tell us your full name and 6 address for the record, please. 7A My name is Lavern Landry. My address is 15337 8 Highway 44, Gonzales, Louisiana 70737. 9Q How old of a man are you, Mr. Landry? 10 A Sixty-nine. 11 Q Beginning with high school, can you tell us a 12 little bit about your education? 13 A 14 Q 15 A I got a high school education. What city was that in, sir? Gonzales. 16 Q 17 A 18 19 20 21 22 23 24 25 What did you do after you finished high school? My goodnessalive.I worked two or three little jobs, but I worked for Ethyl Corporation fourteen years. MS. KOESTER: I'm sorry, sir. Could you say that again? THE WITNESS: I worked for Ethyl Corporation fourteen years. Ethyl was owned by Dupont at that time. Then I went to Monochem, and I worked there right at twenty years. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001306 5 1 BY MR. BRODHEAD: 2Q Okay. In what year did you begin employment 3 with Ethyl Corporation? 4A Oh, my goodness. November the 26th, 1947. 5Q What did that corporation do? 6A What did Ethyl do? Their main product was 7 tetraethyllead and tetramethyllead. 8Q And what that -- in what city did you work for 9 them? 10 A In Baton Rouge. 11 Q What was your job title, sir? 12 A I was a fire inspector. 13 Q Can you take me through the various job titles 14 15 16 A that you have held with Ethyl Corporation up until -- Well, with Ethyl Corporation, I worked for -- I 17 18 19 20 21 22 23 Q 24 A 25 Q was a fire inspector. I worked out of the Safety Department for a foreman by the name of Bill McCarthy, and his boss was Carroll Hebert who was the head of safety at Ethyl Corporation. And I left there in 1962, and I went to Monochem on February the 19th, 1962. Why did you make the switch to Monochem? Why did I make the switch? Yes, sir. Raton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001307 1A 2 3Q 4A 5 6 7Q 8A 9Q 10 A 11 12 Q 13 A 14 15 16 Q 17 18 A 19 Q 20 A 21 22 23 24 25 6 It wasn't voluntary. We had a cutback. They cut back about half of the force. How did you find out about the Monochem job? Through a fellow by the name of W. W. Merritt, who was a neighbor to the plant manager, Mr. John Lynn, and -Is Mr. Merritt still around? Yes. Where does he live? He's here in Baton Rouge somewhere. I've lost track of him. What about Mr. Lynn? Mr. Lynn is -- last I heard, he was somewhere around San Diego. Whether that's the truth or not, I don't know, but that's what I heard. You're the second person to tell me that today. Mr. Merritt's first name? Woody, W. W. Merritt. You were telling me -- Well, I did some safety work for him a number of times when he was -- he worked on what they call the ethyl chloride side of the Ethyl plant, and when he found out I was going to get laid off, he called me over and said, look, Monochem's opening up, you know, and I will see Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001308 1 2 3Q 4A 5 6 7 8 9 10 11 12 13 14 15 16 Q 17 A 18 19 Q 20 A 21 22 23 G 24 A 25 Q 7 if I can get you a job there if you would like one. I said, fine. What do you mean by safety work? Well, holding safety meetings for them and what have you, fire drills and what have you. That was part of my work at Ethyl, but I would also hold safety meetings for him. When he wasn't available and he had one scheduled, he would call me and I would go take it for him. So you began in February *62, and what jobs did you hold for Monochem? Well, I was a senior production technician in the 02 plant from then until November. I don't even remember the date now. Then I took the safety position. November of *62? Um-hum, November '62. And my actual working time was to January the 5th, 1981. And the safety title was -- I was a safety supervisor. When I retired, I was personnel manager, and I was responsible for safety, too. What did you do in '81? You mean after I left there? Yes, sir. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001309 1A 2 3Q 4A 5Q 6A 7 8 9 10 11 12 13 14 15 16 17 18 Q 19 A 20 Q 21 A 22 23 Q 24 25 A 8 I goofed off for awhile, and then my wife made me go to work. That's -- I went to work for - That's the "honey-do" club? Yeah. I got tired of that. I went to work for Ormet, which was Burnside terminal at that time, and I went to work there working with the longshoremen, and I wound up the labor relations supervisor there, and I worked there two years, and I left there. They were also cutting back. Then I went to work as a consultant for Armant Corporation in Vacherie, Louisiana. I worked there part-time, and I worked for the gentleman that used to be the production manager at Monochem. He was the plant manager. Who is that? A fellow by the name of Dayton Slocum. What did you do for him? I set up his first aid, his safety, his personnel, his security. What did you understand your job responsibilities to be as safety supervisor? A safety supervisor is really responsible for Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001310 1 2 3 4 5 6 7 8 g 10 ii 12 13 14 15 16 17 18 Q 19 20 21 22 23 24 25 9 the programs. He is not -- you're operating original foreman, whether it's maintenance or not, he is actually responsible for the safety of his people. In other words, I made out the programs and what have you. The foremen -- after a few years, the foremen got to where they would hold meetings. Plant manager, personnel manager, operations manager, everybody had to have safety meetings because it was their responsibility. Of course, I held them, too, you know, but the thing is, safety is not a safety supervisor's responsibility. His job is to guide the program, and I think if you ever had any of these -- our programs and some of our records and what have you, you would find out why we are proud of them. Mr. Landry, I would like to show you some documents that have already been identified previously today. I would like to know what it is, if anything, you know about them or participation you had in connection with them. This is Variani Exhibit 6, dated April 18th of 1962, entitled Monochem, Inc. Supervisors* Safety Manual. Are you familiar with that Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonvitte Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIRO001311 1 2A 3 4 5Q 6A 7 8 9Q 10 11 12 13 14 15 A 16 17 18 19 Q 20 A 21 Q 22 23 24 25 10 document? I most certainly am. I updated this thing several times, the Monochem Supervisors' Safety Manual. How frequently was that manual renewed? I don't remember. All I can tell you is I updated it several -- not renewed. We updated it. I'm showing you Variani Exhibit 7, which is Monochem's Safety Handbook dated May 22nd of *64. Can you take a look at that and let me know if that, to the best of your knowledge, was the next update after the April 18th of ' 62? I rewrote this, after I took over, at the request of Mr. John Lynn, who was the plant manager. I've always been fortunate enough to work for the plant manager, directly for him. You wrote that document? Yes. Well, put it this way: I updated it. Before we get to any more specific questions, I want to show you Exhibit 5 from the Variani deposition. Chemical Safety Data Sheet for vinyl chloride adopted 1954. Are you familiar with that document, sir? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToUFree Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001312 1A 2Q 3A 4 5 6Q 7A 8 9 10 11 12 13 14 15 16 17 Q 18 19 A 20 21 22 23 Q 24 25 11 Yes. When were you first familiar with it? In 19 -- probably as early as -- well, no, I wouldn't say in '62 because I was just getting my feet wet; probably '63. Did you continue to refer to that document? Well, we did most of the time. Our expertise at the time, in vinyl chloride operations, was not very much. In other words, we depended strictly on Uniroyal. They sent their people down there to operate this plant: Jerry Braun, Steve Sabolick, Bob Williams, who is here in Baton Rouge, Robert Williams, and Roy Stinchcomb who is in Florida. Ted Brown was an original man, but he didn't last too long. He couldn't stand the food down here. What conclusions do you draw about a man who feels that way about Louisiana food? I think he is in the wrong place. I think he really ought to go home. He did. He went back to -- now, Steve Sabolick, I understand, went back to Ohio. That's what I have been told. Sir, my question to you previously was, for how long did you continue to draw on Exhibit 5, the 1954 CSDS? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001313 1A 2Q 3A 4 5 6 7Q 8 9A 10 Q 11 12 13 14 A 15 16 17 18 19 20 Q 21 22 A 23 Q 24 25 A 12 Probably until we got a new updated one. And that was when? I don't have the least idea. X don't remember. I know there was another one updated, but I don't remember which one it was. I don't remember when I got it. I'm showing you Exhibit 9 from Variani. Is that it, sir? It looks like it, '72. I would guess it is. So would it be a fair statement that you relied on CSDS 1954 from the time you first became familiar with it, in approximately 1963, until it was updated in 1972? I would say yes. And we also used the Uniroyal employees. You got to remember now, Mr. Jack Little, who was a Uniroyal employee, a long-term Uniroyal employee, was the production manager, and he had a lot of expertise in this form, and we used him, too. For example, in Exhibit 7, which you have told us that you redrafted yourself - Yes. -- I would like to direct your attention to page 19 of that document - All right. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001314 1Q 2 3 4 5 6 7 8 9 10 11 12 A 13 Q 14 15 16 17 18 A 19 20 Q 21 22 A 23 Q 24 A 25 Q 13 -- under Vinyl Chloride. it says, "Aside from the risk of fire and explosion, vinyl chloride presents no other very serious problem in general handling. The presently accepted maximum allowable concentration is 500 parts per million. In concentrations well above 500 parts per million, vinyl chloride acts as a mild general anesthetic. In contact with the skin, vinyl chloride is irritating. Prolonged contact will result in refrigeration and freezing." Correct. On to page 20 now, "Vinyl chloride is not a serious industrial hazard provided precautions are taken to avoid leaks or spills which might provide a fire or explosion hazard." That's taken right from the 1954 CSDS, isn't it, sir? I'm sure it is; that and the expertise of the Uniroyal people. Is something that I read there to you from the expertise of the Uniroyal people? I don't remember. I'm trying to speed this up if Ican, sir. Go ahead. I'm representing to youthat it's taken Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001315 1 2 3 4 5A 6Q 7 8 g 10 A 11 12 13 14 15 16 17 Q 18 19 20 21 A 22 23 24 Q 25 A 14 directly from the '54 sheet to try to save you time. My intent is not to do anything except to try to establish that you were, in fact, drawing upon it almost verbatim at times? Right. As information became available, was it provided to you by anyone at Uniroyal or Borden, that is, about the adverse health effects of vinyl chloride? It seems like the first thing I remember about this thing is -- and my memory has been refreshed on this -- is an Italian had performed a lot of experiments with this stuff on animals, and -- well, and I don't remember any correspondence from Uniroyal or anybody to that effect. Okay. That's what I am asking you. Was there, in fact, a conduit of information from Uniroyal to Monochem, or did that really not exist as far as the flow of medical information? Oh, no. We had medical inspections by the company doctors of Uniroyal, who was -- let's see. Forbes was the first one. And he began in November of '71, correct? I don't remember. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001316 1Q 2A 3Q 4 5A 6 7 8Q 9 10 11 12 A 13 Q 14 15 16 17 18 19 20 A 21 Q 22 A 23 Q 24 A 25 15 That's his testimony. Yeah. Let's talk about before OSHA gotheavily involved. Oh, you're talking about Wolfsi now. We're talking about Wolfsi, the original medical director. Let me phrase the question so we get on the track here. I want to limit the questioning now to before the time when OSHA intervened after January 22nd of 1974. Yeah. We're talking about beforethen. What I want to know from you, sir, is, to the best you can recall, did anyone from Uniroyal or Borden actually feed, send, transmit medical information about the harmful effects of vinyl chloride, generally, whether animals, humans, whatever? I doubt it. I don't remember really. What do you know about Dr. Wolfsi? I remember Dr.Wolfsi well. How so, sir? Well, I don't know. He was a fine -- fine looking gentleman with a little gray moustache 3aton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonvUle Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001317 1 2Q 3 4A 5 6 7Q 8 9A 10 Q 11 A 12 Q 13 A 14 15 16 17 18 19 20 Q 21 22 23 24 25 16 and what have you. Did you know him? No. But X shall soon, God willing for both of us. He was a fine fellow; Dr. Wolfsi was. He came to our Medical Department, checked our medical records and what have you. When, if you can recall, Mr. Landry, did Dr. Wolfsi first visit the Monochem plant? I don't remember. I don't remember. Do you recall for what purpose it was? To check our medical. Among your employees? Yes, our medical records. That's what he come down and checked and, of course, he talked to me, you know. He checked our safety and what have you as far as medical went because I had the Medical Department, too, at that time. I was trying to think of anything else I could add to it, but right offhand, I can't remember. Would it be safe to say that Dr. Wolfsi's visit had to do with the health of the Monochem employees as opposed to, say, trying to educate people, in positions of responsibility at Monochem, about harmful effects of occupational exposure? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001318 1A 2 3 4 5 6 7 8 9 10 Q 11 12 13 14 15 A 16 17 Q 18 19 A 20 21 22 Q 23 A 24 25 17 I sort of doubt that, but I don't really remember actually what happened when he come down there. I can tell you he inspected our orders and talked to me and what have you and our nurse, and we had some of the finest there is, a Ms. Breaux and a Ms. James. They were two sisters. Ms. Breaux, as far as I know, is at Ormet Corporation. Ms. James died working for Dow Chemical. Mr. Landry, I would like to slow down a little bit here and see if we can back up and cover some territory that I haven't fairly covered. What was your understanding of the reason why Monochem was formed? Well, I really never did get into that. The only thing X -- If you don't know, that's okay. We will move on. I really don't know why -- well, I really know why it was formed, you know, but nobody ever really told me this. I knew -- What's your understanding? That it was incorporated because Borden got a certain percentage of it, and Uniroyal got the other percentage of it. Some of the off-gases Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001319 1 2 3 4 5 6 7 8 9Q 10 A 11 Q 12 A 13 Q 14 15 16 A 17 18 19 20 21 22 Q 23 24 25 A 18 and what have you went to other plants and what have you. It was for everybody's benefit, but I think -- my understanding -- and this is from talking to other people -- that the Painesville plant was being shut down when we went on stream, and we went on stream I would guess -- if I had to guess at it, I would say around April or maybe May of '62. Were you working there when you went on stream? Yes. I wasn't in safety. Yes, sir. I understand. Not until November? Until November. When you say on stream, does that mean when you were producing from natural gas until the rail cars went out, right? Well, you had your boiler house area first. Your 02 plant come up second, which is an air separation unit. Your acetylene plant come up third. Then your vinyl chloride plant. In the meantime, the HCl plant down on the river came up because we used the HCl gas. When you say on-line, you mean you were actually producing the monomer and shipping it out? That's correct. Well, I say shipping. I don't 3aton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToU Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001320 1 2 3Q 4 5 6 7 8A 9 10 11 12 13 14 15 16 Q 17 18 A 19 Q 20 21 A 22 Q 23 A 24 Q 25 A 19 know when they started shipping. That I do not know, because we had storage. Did you ever participate, at anytime before OSHA intervened -- again, we're talking about before January 22nd of *74 -- in any training program that talked about the harmful health effects of vinyl chloride? I don't remember when it was. Several times I attended the Uniroyal corporate safety meetings up in Oxford, and which, I believe, was built after I went to work there. I don't remember. And then, of course, we had the -- in October, when the National Safety Council met, I met with Uniroyal up there, too, at the same time, and this was mostly on general safety. These meetings were not specific to vinyl chloride? Not specific unless you had a question. Did you ask them any specific questions about vinyl -- I-- -- chloride? I don't remember. If you did, you don't recall? No, I don't recall. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001321 20 1Q Mr. Landry, I'm going to ask you if you would 2 kindly try to wait until I'm done with my 3 question before you answer. 4A Oh, all right. Okay. 5 MS. VANCE: Can we take a short 6 break? 7 [A short recess was taken.] 8 MR. BRODHEAD: We're back on the 9 record. 10 BY MR. BRODHEAD: 11 Q 12 Referring back to Exhibit 7, Mr. Landry, did you draw upon Exhibit 6? When you say you 13 14 15 A 16 Q 17 18 19 A 20 Q 21 22 A 23 Q 24 25 updated it, I mean, you used this material in large measure? Oh, absolutely. Now, other than to draw upon the April 18th of '62 document, I assume you also relied on the 1954 CSDS. Yes. You were, in fact, a Monochem employee, that is, your paycheck was from Monochem? Yes. I want toask a previous question which is really necessary before I ask that one, and that is, when were you first familiar with a Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 ToU Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001322 1 2A 3 4Q 5A 6 7 8Q 9 10 A 11 Q 12 13 A 14 15 16 17 Q 18 A 19 Q 20 A 21 Q 22 23 A 24 Q 25 A 21 threshold limit value for vinyl chloride? Threshold -- the first time I read this book right here (Indicating), this pamphlet. Exhibit 5? Yes. But I did this on -- on all our chemicals that we handled. I had a chemical data sheet on everything. What is a threshold limit value? How is it quantified? Do you know? I don't have the least idea. Did you have any equipment there, when you first got to Monochem, to measure it? Well, about the only thing that I remember is ampules that we used in a drager. I finally thought of the name of it. It was a drager tester. You used those? I have used them, yes. When did you first use them? I don * t remember. When you first got to Monochem in '62, were you using them? I don't remember. I just don't remember. What were they to measure? They would measure vinyl chloride. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001323 1Q 2A 3 4Q 5 6A 7 8 9Q 10 11 A 12 Q 13 A 14 Q 15 A 16 Q 17 A 18 19 20 Q 21 22 A 23 Q 24 A 25 Q 22 Yeah. For -- You bought the different tubes for the different chemicals. For what kind of exposures were you measuring them? For explosive or for human levels? Oh, this was parts per million for -- in ampules. For explosive limits, we used the explosive meter, an MSA, MSA-2. Was that available when you first got to Monochem? The MSA-2? Yes, sir. Yes. But you're not sure about the ampules? No, I'm not sure when that came into being. Where did you use the MSA-2? Oh, my goodness; everywhere. We used it at the acetylene plant. We had them in the plants. They stayed in the plants. Did the ampules tell you how many parts per million you were getting? Yes. There was a plus or a minus to the deal. And what levels were you getting there? I don't remember. You ever been to the Painesville plant? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001324 1A 2Q 3A 4Q 5 6 7 8A 9Q 10 11 A 12 13 14 15 16 17 18 Q 19 20 A 21 22 Q 23 24 25 A 23 No. You ever been to either of the Borden plants? No. Did any part of your job responsibility have to do with documentation that was sent along with the vinyl chloride monomer when it went out of the plant? No. What was sent with the monomer when it went out of the plant? I will tell you what,now, youwill have to ask somebody in operations for that. I don't remember. All I know is the place cards were put on the tank cars. I think there was four on each tank car, but now what documentation was sent with it, I don't know. That was not in any part of my business. Now, is there anything about ampules in your 1964 -- I don't think so. If it did, I don't remember it. Is there anything -- here, let me identify this first, Exhibit 10. It's August 1st of 1974. Did you participate in that, sir? In this? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToU. Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001325 1Q 2A 3 4Q 5 6 7A 8Q 9 10 A 11 12 Q 13 A 14 Q 15 A 16 17 Q 18 19 A 20 Q 21 22 23 A 24 Q 25 24 In the formulation of that. Oh, yes. I didn't participate in it. I revised it. I'm showing you, on page 15, that section under Vinyl Chloride. Is there anything about ampules in there? No. This was in '74? Yes. Might you have used these ampules after OSHA intervened? No. I think we bought a Sentry analyzer. I think we bought two very expensive machines. Is that gas chromatography? Yes. I'm talking about ampules now. No, ampules, for vinyl chloride, period. We bought -- this is what we bought them for. Right now I'm talking about ampules. I want to make sure -- Okay. -- that if you have any memory of whether it was after OSHA came in or was it before? Do you have any memory, sir? I don't have the least idea. Now, as far as gas chromatography isconcerned, were you using that at Monochem after or before Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToU. Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001326 1 2A 3Q 4 5 6 7 8 9 10 11 12 13 A 14 Q 15 16 A 17 Q 18 19 20 21 A 22 Q 23 24 25 25 OSHA? It was after. Now, if I may refer you to Exhibit 7, referring to vinyl chloride, this is a sentence we already read previously in here, and that is, "Vinyl chloride is not a serious industrial hazard provided precautions are taken to avoid leaks or spills which might provide a fire or explosion." In the 1974 document, on page 15 under the second paragraph, it is stated vinyl chloride is to be considered a serious industrial hazard. Right. I take it this 1974 document was prepared after OSHA intervened. Is that correct? I really don'tremember. If I were to tell you that the date of intervention was -- began on January 22nd and this was prepared on August 1st of '74, does that help you to -- No, not really, not specific dates. In any event, can you tell me at what point, between 1962 and 1974, as the person who prepared these documents, when did vinyl chloride become a serious industrial hazard? Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 ToUFree Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001327 1A 2 3Q 4 5A 6 7 8Q 9 10 11 A 12 Q 13 A 14 15 Q 16 A 17 18 19 Q 20 21 A 22 23 24 Q 25 A 26 I don't remember. If you're asking about for dates, I don't remember. Is this time in 1974 the first time you ever wrote that to your knowledge? Yes. As far as I know, that's the first time I ever wrote it. If I wrote it any other time, I don't remember it. Now, as far as the shipments of vinyl chloride out of the Monochem facility, you have spur lines, rail lines in? Yes. How many lines? Do you know how many tracks? Well, we had one line in, but we had two spurs on it on both sides of our loading rack. How many cars could you load at the same time? It seems to me like it was four. It might have been six, but it seems like it was four, which is. . . All right. And those were 20,000 gallons per car? They were the big cars. Some of them -- we filled whatever Uniroyal and Borden sent us. That's what we filled. As much as they wanted in terms of cars? According to what their entitlement was. Baton Rouge Court Reporters, Inc. Certified. Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001328 1Q 2A 3Q 4 5A 6 7Q 8 9A 10 Q 11 12 13 14 15 16 17 18 19 20 21 22 A 23 Q 24 A 25 Q 27 Who determined the entitlement? That was beyond me. Could you tell if it was a Uniroyal or a Borden car that came in, or how could you tell? I tell you what, I never did pay any attention to it. There was, obviously, some marking on it that would enable you to tell? Oh, I'm sure it was, yeah. Mr. Landry, I want to read you a statement, and all I want to know is whether you would agree or disagree with it. "It is not in the production of the chemical itself that the greatest potential for harmful exposure exists, rather, the greatest hazard is when the chemical is polymerized to form other materials, nearly all of which are polyvinyl chloride resins during which process vinyl chloride escapes into the air." Are you in a position to say whether you agree or disagree with that? I never got beyond the operation part of it. Do you know what happens in polymerization? No, not really. Anybody ever explain the process to you? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToUFree Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001329 1A 2G 3 4A 5Q 6 7 8A 9Q 10 11 A 12 Q 13 A 14 15 Q 16 17 A 18 19 20 Q 21 A 22 Q 23 A 24 25 Q 28 No. You don't know about suspension and emulsion and all that stuff? (Witness shakes head negatively.) Mr. Landry, there is some documents on which your name appears, and I would like to ask you about them. I'm sure there is. Before we get to that, threshold limit value, do you know how that's computed? Yes. Please tell me. Well, one part per million for an 8-hour work period, let's say. Okay. You're talking, for example, the OSHA standards -- As an example. But for thirty minutes, if you had four parts per million, you done took up five hours. So it's - Time -- -- over an 8-hour period, yes. Do you know what the original standard was? As far as I know in that vinyl chloride sheet, it was 500. Where did that come from? How did that get on Baton Rouge Court Reporters, Inc. _ Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001330 1 2A 3Q 4 5A 6Q 7 8 9 10 A 11 Q 12 13 14 15 A 16 Q 17 18 A 19 Q 20 A 21 Q 22 23 24 25 29 something from 1954? I don't have the least idea. Do you know whether it had ever been tested or validated? No. Did you monitor -- well, I take it, from your previous answer, you don't recall as to whether or not that was monitored when you started at Monochem, right? No. Okay. I'm showing you what's been marked Exhibit 1. This is a letter from you, as safety supervisor, dated June 11th of 1974. You're writing to a Dr. Werner? He was the company doctor here, yes. And you're telling Dr. Werner that beginning January 10th -- Let me read it. I'm sorry. (Witness reviewsdocument.) You're telling Dr. Werner that beginning January 10th, 1974, all pre-employment physical examinations must include liver function lab tests -- and, of course, they are enumerated in the letter -- as well as physician's Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001331 1 2 3 4 5 6 7 8A 9 10 11 12 13 14 15 Q 16 A 17 Q 18 A 19 20 Q 21 A 22 Q 23 24 25 30 examination and chest x-ray. And I'm quoting your last paragraph: "If there is any elevation noted in any one or more of these tests, the applicant must be rejected as unacceptable for employment at Monochem." Why did you write that the candidate would be unacceptable for employment? Well, if he already had some of this and -- the way I understood it, that this is some of the signs of the guy might have been -- have liver cancer or something like this. I don't really know right offhand. I don't even remember it. But we wrote to him what we wanted included in our pre-employment physicals. Was this company policy? It is when I wrote him that letter. Who made it company policy? Well, of course, it went through the plant manager. Who was? In *74, I guess Dr. Boyne. I don't remember. Whoever was the plant manager in '74 made it Monochem policy that if one of the liver tests was abnormal, they were unacceptable for employment; is that correct? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donuldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001332 1A 2Q 3 4 5A 6Q 7 8 9 10 11 12 13 A 14 Q 15 16 17 A 18 Q 19 20 21 22 23 A 24 Q 25 A 31 Correct. And those tests you said that were -- in your letter were bilirubin, alkaline phosphate, SGOT, SGPT, and GGPT, correct? Whatever they mean. They are awfully long words. SGPT is serum glutamic-pyruvic transaminase. In any event, sir, and back to the point, it was as a result of your communication of June 11th of '74, the prerogative of Dr. Werner, at your instruction, to determine if the levels were abnormal as he saw fit as a doctor, correct? Right. And if he saw fit, he would so communicate to you, and that person's position as a potential hiree would go off the list, correct? Right. On Exhibit 2 -- you may take it, sir -- that's a two-page document identified by Bates stamp number 000169, and it has your initial and last name in the upper left-hand corner and is indicated July? Correct. Was this something you wrote, sir? Yes. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporter$ 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001333 1Q 2A 3 4 5Q 6 7 8A 9Q 10 11 A 12 13 Q 14 15 16 17 A 18 Q 19 20 21 A 22 23 24 25 Q 32 And that was to the Medical Department? Yes. This also went through my plant manager. Of course, everything I did would have to go through the plant manager. He had to okay it. You state that the purpose is to establish proper procedures for screening of employees working in vinyl chloride areas? Right. Were you working off of any document when you did that? Probably so. I don't remember. You're talking about, ray goodness alive, eighteen years ago. Would it be a fair statement, sir, that you were attempting to comply with the OSHA requirements pertaining to medical surveillance? Yes. How did this become your job to implement the OSHA requirements? Was this at the direction also of the plant manager? Not really. Well, yes and no. Yes, because it was part of my job to oversee the safety program, and this was part of the safety program. I'm showing you what's been marked Exhibit 3. Baton Rouge Court Reporters, Inc. ' Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001334 1 2 3 4 5 6A 7Q 8 g 10 A ii Q 12 13 14 15 16 17 A 18 19 20 21 Q 22 23 A 24 Q 25 A 33 It is a four-page document, beginning Bates stamp number 000174, also with your initial and last name -- July -- and, apparently, it is from you to the Medical Department regarding methods of obtaining blood; is that correct? That's correct. Was this also an attempt, on your part, to implement the OSHA guidelines on medical surveillance? Yes. All right. Mr. Landry, on the third page -- actually, on the second page and on the third, there is some writing in there, handwriting that is interlineated. Can you see where I'm talking about here and then on the third page? (Indicating.) Somebody has added something. I would guess when I got through writing this -- and I'm just going to strictly guess at this -- that that's my nurse's handwriting. Was Dr. W. D. Harris, a toxicologist on behalf of Uniroyal, involved with you at all on this? No, not that I can remember. How about J. Dexter Forbes, M.D.? Dr. Forbes visited us pretty often in the Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001335 1 2Q 3A 4Q 5 6 7 8A 9 10 Q 11 A 12 Q 13 A 14 15 Q 16 17 18 19 20 A 21 Q 22 23 A 24 Q 25 34 latter part. Was this after the OSHA intervention? Yes. In any event, so far as the methods of obtaining blood was concerned, that is. Exhibit 3, would this again, in large measure, come down to you from the plant manager? Well, it probably went from me to the plant manager. Did you do this on your own? And then with his okay, we published it. So this was done on your initiative? I would think it would be, yes, or has been, one or the other. I'm showing you Exhibit 4. It's a three-page document beginning Bates stamp number 000171, signed on the last page by you, and noting it was revised December 11th, 1974 on the first page. Right. That, again, is a document prepared by you, presumably, on your own volition? Yes. I would say yes. And that would be an attempt to comply with the OSHA medical surveillance guidelines? 3aton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toil Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001336 1A 2Q 3 4 5 6 7A 8 9Q 10 11 12 13 A 14 15 Q 16 A 17 18 Q 19 20 21 22 A 23 24 25 35 Yes. The date of that document, December 11th of *74, that, together with the revision, would suggest that you had, previously, another testing program. Would that be the document we referred to earlier, that is, the July - I don't really -- it probably does, but I don't remember. -- Exhibit 2? Well, they are titled the same thing. I'm,just trying to figure out if you were trying to update; that is, is Exhibit 4 an update by you of Exhibit 2? Yes. You got to remember, anything that's got my name on it, I was responsible for it -- Fair enough. -- regardless of whether I had help writing it or not. Did you participate in regular meetings at Monochem? Like did you get together with Jack Little and Mr. Kogler or any other people to have regular discussions of day-to-day events? Oh, yes. The schedule was set up twelve months ahead of time, and it was okayed by the plant manager and Mr. Little. Well, Mr. Little, at this time, I think, was plant manager, or Baton Rouge Court Reporters, Jnc. ... Certified Shorthand Reporters 1-800-375-7906 ToU Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001337 36 1 2Q somewhere in that neighborhood anyway. Did you discuss the harmful effects of vinyl 3 4A chloride at these meetings? Oh, yes, absolutely. 5Q 6 7 8 Did you -- MS. VANCE: Can I just interject? I'm sorry. Are we talking about the staff meetings or safety meetings? I don't want 9 there to be any miscommunication or 10 misunderstanding. 11 THE WITNESS: Probably both. I would 12 say both. 13 BY MR. BRODHEAD: 14 Q Can you ever recall discussing what happens to 15 that monomer, in terms of human exposure, when 16 you get to the polymerization stage? 17 A No. 18 Q 19 20 21 22 23 24 25 I want to show you what's been marked as Exhibit 5, a two-page document Bates stamped 000156. It's a letter to Dr. Fletcher, Uniroyal plant, Painesville, from your Dr. Werner. MS. VANCE: I'm sorry, did you say from -- MR. BRODHEAD: To Fletcher in Baton Rouge Court Reporters, Inc. .. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001338 37 1 Painesville from J. C. Werner at Monochem; is 2 that correct? 3 MS. VANCE: No, I don't think it is. 4 MR. BRODHEAD: Excuse me. You're 5 right. It's to Fletcher and Werner, and it's 6 from Forbes. Excuse me. 7 BY MR. BRODHEAD: 8Q You are copied on that letter as you will note. 9A Uh-huh. Yeah, I noticed that, yes. Yes, I was 10 given a copy of it. 11 MR. BRODHEAD: Off the record. 12 [A short recess was taken.] 13 BY MR. BRODHEAD: 14 Q I'm going to give you my copy because this one 15 is punched. Referring now to Exhibit 5, Mr. 16 Landry, this is November 6th, a letter from Dr. 17 18 19 20 21 22 A 23 Q 24 A 25 Forbes. Insomuch as it has to do with, at least in part with the physical examinations, did this have anything to do with your updating it for December 11th of *74? Was it this letter that caused you to do that update? Everything that we did had a reason. One would hope so. Yes. And if it had to do with vinyl chloride, I'm sure it did. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001339 38 1Q Why was Dr. Forbes copying you? X don't mean 2 that pejoratively. I'm just saying we haven't 3 seen anything up until now, at least I 4 haven't. 5A I don't know. 6Q 7 Maybe we can look at those other people who got copies of the letter. Who is David Stevens, 8 9A M.D.? Do you know him? No, I don't know him. He is probably at one of 10 the other plants, Uniroyal plants I would guess 11 now. I don't know. 12 Q We know Little and we know Landry. How about 13 Fontana and Lowell? 14 THE WITNESS: Wasn't that some of the 15 Borden Columbus people? 16 MS. VANCE: I don't know. 17 BY MR. BRODHEAD: 18 Q And Dudrow was at Uniroyal? 19 A Dudrow was head of your Safety Department at 20 Uniroyal. 21 Q Did you have any communication of any 22 consequence with Dudrow? 23 A 24 Q Once a year. When you went up there? 25 A When I went to -- well, sometimes twice because Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toil Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001340 1 2 3Q 4A 5Q 6 7A 8 9 10 Q 11 A 12 Q 13 A 14 Q 15 16 A 17 Q 18 19 A 20 21 Q 22 23 24 25 39 I went to the National Safety Council every year, pretty well every year. That was in October? October. But that was for general purposes and not specific to vinyl chloride? Yes. But I've seen Dudrow in Oxford, I don't know, two or three times, four times, something like that. Total? (No response.) Two or three or four times total? Something total, oh, yes. Can you recall ever having a specific conversation about vinyl chloride with him? No. There is some writing on the second page of this. Is that your nurse? It's mine. I can't read it, so it's my writing. No, that's my writing. Mr. Landry, did you get any formal training in --- whether it be nursing or paramedical or anything like that? Are you sort of a school-of-hard-knocks guy that picked it up along the way? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001341 1A 2 3 4Q 5A 6 7 8 9 10 Q 11 A 12 Q 13 14 15 16 17 18 A 19 Q 20 A 21 22 Q 23 A 24 Q 25 40 Mostly hard knocks, but the only thing I ever had was I was a first aid instructor at one time. And that was at what point in time? That was in the -- probably in the early seventies, because we trained -- all our foremen had a certain amount of instruction in first aid. Our guards had first aid instructions. They all carried certificates. Do you know who J. William Lloyd is? J. William Lloyd? No. Let me see if I can refresh your recollection. I'm showing you a two-page letter with an attachment of three pages. Bates stamp number 000143, stamped February 19th, 1975 to you from Dr. J. William Lloyd. Have I correctly identified that? (Witness reviews document.) Have I, sir? I don't remember the document, but since it has my name on it, I'm sure it came to me. It does not string your recollection? Doesn't ring a bell, no. Sir, in the second paragraph of that letter. Dr. Lloyd says, in part, or he refers, in part. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToUFree Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001342 1 2 3 4 5 6 7A 8Q 9 10 A 11 Q 12 13 A 14 Q 15 16 A 17 Q 18 A 19 Q 20 21 22 23 24 25 A 41 to the high risk of this disease for polymerization workers which might have gone unnoticed. My question to you is, at some point in time, anytime prior to today when you walked in here, sir, were you made aware of an increased risk for polymerization workers? No. No, I don't evenremember this. That is as distinguished frommonomer producers? Yes. Did the name Dr. William Lloyd -** J. William Lloyd doesn't ring a bell with you? Doesn'tring a bell. I take it that you had no contact, before or since, with Dr. Lloyd. That's right. You don't doubt that you received this letter? Oh, no. No, I don't doubt that I received it. Would you agree with me that if we were to summarize what he is saying in this letter is that while there is an increased risk clearly for polymerization workers, we shouldn't forget about everybody who is exposed to vinyl chloride? Yes. Baton Rouge Court Reporters, Inc. ' Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001343 1Q 2 3 4A 5Q 6 7 8 9 10 11 12 A 13 14 15 16 17 18 19 Q 20 21 22 23 24 A 25 Q 42 Okay. This chart, this table two that's attached, do you have any recollection of having reviewed it or done some analysis of it? No, I sure don't. Mr. Landry, as a result of the statistics which began to demonstrate that polymerization was an extremely high relative risk, did Monochem do anything, by way of communication with or sending warnings to the polymerization people that this was going out to, the monomer was going out to? Not as I know of. We didn't do this, and I'm sure we didn't do it because all the expertise in handling vinyl chloride came from Uniroyal. I will give you the names of the people they sent down here to operate the plant and what have you, which we knew very little, if any, about vinyl chloride. Well, my question is, as a result of the statistics that came out about the high relative risk for polymerization, did Monochem do anything, by way of warning the end polymerizer -- I take it your answer is no. Not as I know of. Okay. I have another exhibit I would like to Baton Rouge Court Reporters, Inc. - Certified Shorthand Reporters 1-800-375-7906 ToUFree DonaldsonvUle Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001344 1 2 3 4 5 6 7 8 9 10 11 12 13 A 14 15 16 17 18 19 20 Q 21 A 22 Q 23 A 24 25 43 mark. This will be 7. This is a one-page exhibit dated June 13th, 1975, Bates stamped 000180, from you to Dr. Forbes, in which you enclosed to him the results of Monochem's latest vinyl chloride medical survey. You state that Dr. Werner does not recommend any further blood work on the employees with abnormal tests. You now have all of the tests to date. If you think for any reason further tests should be conducted on Monochem employees, please contact Dr. J. C. Werner with your recommendations. Is that correct? Yes. But you got to remember, the abnormal tests we're talking about is not these that has come off the record. It's some of these that's elevated just a hair or a very small amount. This strictly was a company doctor, and if Dr. Forbes would've decided we needed it, we would have did it. Now these are of employees, right? Yes. These aren't prospective employees? Oh, no. This is employees, the ones that we took the blood from every -- as far as I remember, every, what, six months I believe it Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001345 1 2Q 3 4 5 6 7 8A 9Q 10 A 11 Q 12 13 A 14 Q 15 16 A 17 Q 18 19 A 20 Q 21 22 A 23 24 25 44 was. Now, do you know did Dr. Forbes use the -- excuse me. Did Dr. Werner use the same standard -- was the same kind of elevation that was high enough to get you kicked off potential employment high enough to get another test, or was it a different standard? I don't really know.I don't remember. That was up to Dr. Forbes I take it. That was strictly Dr. Forbes and Dr. Werner. Did Dr. -- excuse me. It was up to Dr. Werner; is that correct? Werner. Did Dr. Werner have much contact, to your knowledge, with Uniroyal headquarters? I don't know. He was a private physician here in Baton Rouge, was he not? Yes. How was he selected? Did you select Dr. Werner? I don't want to guess. I think I know, but I don't want to guess at it. Dr. McVea was our first company doctor, and I'm sure it came through his recommendation because the two Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001346 45 1 2Q doctors worked together if I remember right. Mr. Landry, would it be a fair statement that 3 so far as Monochem is concerned -- I mean 4 strictly Monochem people; I'm not talking about 5 Borden; I'm not talking about Uniroyal, just 6 Monochem people -- that the extent to which it 7 had knowledge of the potential harmful effects 8 of vinyl chloride, prior to OSHA intervention, 9 would be the information contained in the 1954 10 CSDS? 11 A Would you repeat that? You stopped so many 12 times, I lost track of you. 13 MR. BRODHEAD: If you could, read 14 that back, please. 15 (The pending question was read back by the 16 reporter.) 17 A 18 Yes, with the knowledge of the Uniroyal people that were sent down here to operate this plant. 19 BY MR. BRODHEAD: 20 Q That was technical support? 21 A No. They actually operated the plant. 22 Q Right. That's what I want to know, is, what 23 24 25 A information about harmful physical effects did Uniroyal give you? I don't remember really. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonvtile Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001347 46 1Q 2 There was no regular flow of information or articles as they appeared or any of -- 3A No, only what you have here. 4 MS. KOESTER: This is to him 5 personally? Is that what you're talking about? 6 MR. BRODHEAD: To the extent of his 7 knowledge, as a Monochem employee, about 8 information flowing from Uniroyal. 9 MS. VANCE: Uniroyal to Monochem. 10 BY MR. BRODHEAD: 11 Q Mr. Landry, there was a paper that was 12 presented in Houston, Texas, in May of 1970, by 13 the Italian or one of the Italians -- 14 A I remember that. 15 Q -- to whom you have referred. 16 A Yes, sir. 17 Q It was marked Kogler Exhibit 4. I'm showing it 18 to you and I'm asking if you have ever seen 19 20 A 21 22 23 24 Q 25 that document before. I remember something about this document. Now, you know, the minor points in here I don't remember, but I remember the Italian report, but that's as far as I could go. Again, strictly speaking of Monochem employees, was there anyone within Monochem -- I don't Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonviile Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001348 1 2 3 4 5A 6Q 7A 8Q 9 10 11 12 A 13 Q 14 15 16 A 17 18 Q 19 20 A 21 Q 22 23 A 24 Q 25 47 want to hear about Uniroyal; I don't want to hear about Borden, just within Monochem -- who monitored the literature and epidemiology and animal tests as it related to vinyl chloride? I don't really know. I don't really know. There is no one to your knowledge? Other than me, I don't know. All right. Did you, sir, have a particular method of trying to accumulate available literature and data and epidemiology and animal test materials? No. So if it was anyone, it would be you, and you didn't do it; so can we fairly conclude that it wasn't done by strictly Monochem people? Unless like he was talking about here, like Kogler got the -Well, we'll let Mr. Kogler's testimony stand by itself because he has already testified. As far as I know, not personally, no. Now, when the plant went on-line, as you say, in 1962 -- Right. -- was that an event that was memorable to you? Was there some sort of celebration? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001349 1A 2 3 4 5 6Q 7A 8Q 9 10 A 11 Q 12 A 13 Q 14 A 15 Q 16 A 17 18 19 Q 20 21 22 A 23 Q 24 25 48 No, not really; not really. I remember it going on-line. I remember all of them going on-line, but at that time, I was having enough problems at the 02 plant that I couldn't worry about everybody else. That rail line, was it on Monochem's property? Yes. Who did the coupling and uncoupling of the cars there? The railroad. Do you remember which railroad that was? No. Who put together the bills of lading? I don't know. There were bills of lading? I don't know. I'm sure there was, but I didn't have anything to do with it. I wasn't responsible for it. When the cars would come back -- well, first of all, the spur line, was that open access, or was there a gate there? There was a gate. So for the cars to get onto the Monochem property, there had to be permissive access by Monochem people, right? Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001350 49 1A The guard had to go open the gate for them. 2Q And to get out, likewise? 3A Same way. 4Q What did the railroad do? Back in an engine? 5A Backed the cars in on thespurs and spotted 6 them. They had to spot them. We didn't have 7 anything to spot them with. 8Q Now, the services that the railroad provided, 9 those were to Monochem, at least insofar as 10 we're talking about right now; is that correct? 11 MS. VANCE: What services, just to 12 clarify. 13 MR. BRODHEAD: The services performed 14 on Monochem's property. 15 . MS. VANCE: The coupling, the 16 uncoupling, the spotting the cars? 17 MR. BRODHEAD: Right. 18 BY MR. BRODHEAD: 19 Q Is that your understanding, sir? 20 A 21 22 Q Yes. I'm not talking -- you're not talking about the loading and unloading now? No, sir. 23 A 24 25 Q You're just talking about the uncoupling between the cars and what have you? Yeah. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001351 1A 2Q 3A 4 5Q 6A 7Q 8 9A 10 Q 11 A 12 Q 13 14 15 16 17 A 18 19 20 Q 21 A 22 Q 23 A 24 25 50 You're right. That's all they did. And what about the loading? After it was loaded, they come in and pick them up. And Monochem people did the loading? Yes. Do you know how long it took for a car to get up to Ohio? No. Now you got me with the long vowels. No, I don't have the least idea. Who, toyour knowledge, within the employment of Monochem, would be most knowledgeable -- I mean through your entire employment there -- most knowledgeable about the polymerization process? It would probably be any one of the five men, the names I gave you, because they come from Painesville. Merritt? No, no. That came from -- ' Give me those five names again. Okay. Jack Little,Robert Williams, Steve Sabolick, Roy Stinchcomb, and Ted Brown. Ted Brown is the one that didn't last but just two 3aton Rouge Court Reporters, Inc. - - Certified Shorthand Reporters 1-800-375-7906 ToU. Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001352 51 1 or three months, and he went back to 2 Painesville. 3Q 4 Which one of those people were Monochem employees? 5A None of them. They were all Uniroyal 6 employees. 7Q Did you have much contact with the Borden 8 people? 9A 10 Q No, only the plant part of it. How about Mr. Kogler? Did you have much 11 12 A contact with him? Well, yeah, I had some, and Dr. Boyne, Mr. John 13 Lynn who was the plant manager, Dr. Boyne who 14 succeeded him. 15 Q Mr. Landry, I think I'm almost done. I would 16 like to take a break for a minute, and we'll 17 get you out of here in a few minutes, all 18 right? 19 A It's all yours. 20 [A short recess was taken.] 21 MR. BRODHEAD: We're back on the 22 record. 23 BY MR. BRODHEAD: 24 Q Mr. Landry, I'm showing you what's been marked 25 Exhibit 8. Sir, I know you have never seen it 3aton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001353 1 2 3 4 5 6 7 8A gQ 10 ii 12 13 14 15 16 17 A 18 Q 19 20 A 21 Q 22 23 A 24 Q 25 52 before or I'm assuming that you haven't, but it's a chart which shows what standards or changes were made and when and by whom with respect to vinyl chloride exposure. I just have a couple of short questions. In 1963, that would've been after your employment at Monochem, correct? Uh-huh. According to this chart, which I'm going to reference to you as page 6 from the U.S. Department of Health, Education, and Welfare NIOSH document 79-1599, that indicates that the TLV was recommended lowered in 1963, by the ACGIH, to 500 maximum concentration levels. question to you, is, number one, are you My familiar with the ACGIH? No. Number two, do you have any recollection of a change in TLV in 1963 by any entity? No. Okay. In 1972 the ACGIH revised the 500 part per million downward to 200 parts per million. I don't remember it. Certainly, there was no Monochemsafety handbook amendment that you can recall which 3aton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001354 53 1 reflected the ACGIH downward - 2A Not to 200. 3Q -- change. 4A No. 5Q Would you agree with me, just as a matter of 6 common sense, sir, that if NIOSH wasn't created 7 by the United States Congress until 1970 and 8 had no authority in this area until -- OSHA 9 had no authority whatsoever in this field until 10 1971, that if there was a standard in 1954, as 11 reflected in Variani Exhibit 5, that it was 12 most likely the standard initially recommended 13 by the ACGIH? Does that make sense to you? 14 A Yes. 15 Q I understand you have no particular familiarity 16 with the organization. I'm showing you what's 17 been previously marked Variani Exhibit 12. 18 That's a letter to Dr. Gaffey from Dr. Harris, 19 20 A correct? Yes. 21 MS. VANCE: From Harris to Gaffey. 22 THE WITNESS: From Harris to Gaffey, 23 yes. 24 BY MR. BRODHEAD: 25 Q Mr. Landry, do I understand that you have never Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToU Free DonaldsonviJUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001355 1 2A 3 4Q 5A 6Q 7 8A 9Q 10 11 A 12 Q 13 14 A 15 Q 16 A 17 Q 18 A 19 Q 20 21 22 23 24 25 A 54 met Dr. Harris? Oh, no, I've met Dr. Harris. That's the toxicologist -- Yes, sir. Little short fellow? Do you know him? No. Again, I believe I'm going to have the pleasure soon, God willing for both of us. He is a fine fellow, I can tell you. Thank you. Did you meet him in Geismar or at corporate headquarters? Both. When did he first appear, to your knowledge, at -- I don't have the least idea. I don't remember. -- at Geismar? I just don't remember. Was it before or afterOSHA intervention? It was probably after. It was probably after. I want to ask you a couple of things about this letter which you may or may not know. Dr. Harris says, in the first paragraph, that in addition to the Monochem plant, there are separate plants down there wholly-owned by both companies. Right. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001356 1Q 2 3 4A 5Q 6 7 8A 9Q 10 A 11 Q 12 13 14 15 16 17 18 A 19 20 21 22 23 24 25 55 Is he talking about the Borden facility on one side and the Uniroyal facility on the other so far as you know? That would be my guess. Okay. In the last paragraph. Dr. Harris refers to being in the midst of labor negotiations with the URW. Were you a union shop? No. To your knowledge, was Painesville a URW shop? I don't know. Mr.Landry, was there ever any discussions in which you participated or documents which you saw or conversations you were a part of, one way or another, in which Monochem considered the potential adverse health effects of vinyl chloride on the polymerization workers to whom the Monochem product was sent? No. MR. BRODHEAD: That's all I have. Thank you, sir. MS. KOESTER: Sir, I don't have any questions for you at this time. MS. VANCE: I do. Let me ask you a few questions, Mr. Landry, if I might. MR. BRODHEAD: Show my objection to Baton Rouge Court Reporters, Inc. ' Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001357 56 1 inquiry by counsel for Monochem. 2 EXAMINATION 3 BY MS. VANCE: 4Q Mr. Landry, the questions I have relate to your 5 interactions with the people from Uniroyal and 6 the information that you had available to you 7 from Uniroyal during your tenure as a safety 8 supervisor at Monochem. First of all, did I 9 understand you to testify that you had had 10 occasion to meet with Dr. Wolfsi on occasion? 11 A Yes. 12 Q 13 14 A 15 16 Q 17 18 A 19 Q 20 A 21 Q 22 23 A 24 25 And Dr. Wolfsi was -- what was his position with Uniroyal? He was thecorporate medical director, I believe. And did you have occasion to see Dr. Wolfsi in Geismar, Louisiana -- Yes. -- or at other locations? Geismar. And what was the nature or the purpose of your dealings with Dr. Wolfsi in Geismar? Well, Dr. Wolfsi came down and checked our medical facilities and medical records and what have you. Baton Rouge Court Reporters, Inc. - Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001358 1Q 2A 3Q 4 5A 6Q 7A 8Q 9A 10 11 12 Q 13 14 A 15 16 Q 17 18 19 20 A 21 Q 22 23 24 A 25 57 Did he look at your safety records? Oh, absolutely. What did those safety records pertain to or relate to? Injuries. On-the-job injuries? Yes, and off the job, too. Dr. Wolfsi checked those out? He checked them out but didn't do anything about them. He was as proud of them as we were, the records that we had. How often did Dr. Wolfsi come to Geismar and deal with you? Oh, I don't remember. He was probably there two or three times anyway. Aside from his visits to Geismar, did you have any other communication, either direct or indirect, with regard to safety programs at Monochem? No. Did you prepare any sort of safety reviews or safety reports from time to time in your position as a safety supervisor? You mean like a monthly report and what have you? Baton Rouge Court Reporters, Inc. - Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001359 1Q 2A 3Q 4A 5 6 7Q 8 9A 10 11 12 13 14 Q 15 16 A 17 18 Q 19 A 20 Q 21 22 23 A 24 Q 25 58 Yes, monthly or any other interval than that. Yes. What became of those reports that you prepared? I don't have the least idea. I sent them to the plant manager, and what he did with them, I don't know. What sort of information was contained in the safety reports that you prepared? Off-the-job injuries and on-the-job, the days without lost time injuries, you know, both on and off the job, and some of the -- what the safety programs were you had for the month and what have you. What became of that information after you presented your report to your plant manager? Well, he included it in his Monthly report to the owners as far as I remember. And the owners being whom? Borden and Uniroyal. So it was your understanding that your safety records were being transmitted to ownership on a monthly basis? Yes. Did you have occasion to meet with Dr. Forbes who was also, as I understand it, a medical Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001360 1 2 3A 4 5Q 6 7A 8Q 9 10 A 11 Q 12 13 A 14 15 16 17 18 19 20 21 22 23 24 Q 25 A 59 director at Uniroyal and may have succeeded Dr. Wolfsi in his position? I would say yes, but I don't remember when or how many times. And were those meetings in Geismar or elsewhere? Probably was in Geismar. You told us a little bit about regional meetings with Uniroyal? Yes. Can you explain a little bit more about what that's all about? Well, they had a -- every year, in October, they had the National Safety Council meeting, and Uniroyal usually had about two or three days' reports from the different plants on their safety accomplishments and what have you. Also, if anybody had any questions, they -- you know, you could ask them; and between the -- of course, there was a lot of plants involved at Uniroyal. You could usually get a general.consensus on what your problem was. Where were those meetings held? They were held in the -- X believe it was the Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001361 60 1 2Q 3A 4Q 5 6 7A 8Q 9 10 A 11 Q 12 A 13 Q 14 A 15 16 Q 17 A 18 Q 19 A 20 Q 21 22 A 23 24 25 Pick Congress in Chicago. And this was the National Safety Council? Yes. And then also in conjunction with that. Uniroyal would have extra meetings for its plants? Right. And these arent just limited to vinyl chloride plants? Oh, no. . All the plants? All the plants, including England. But vinyl chloride people were there? Yes. We also met in -- I met a couple of times with them in Oxford. Where is Oxford? Connecticut. What is that or what is at Oxford? That's the headquarters of Uniroyal, I guess. At those regional meetings, who was present from Uniroyal corporate or Uniroyal management? All of corporateusually. Dudrow and Derringer, and Jim Alexius, and usually the -- Dr. Harris was there a couple of times I can remember. There probably was some more, and I Baton Rouge Court Reporters, Inc. - Certified Shorthand Reporters 1-800-375-7906 ToU Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001362 1 2Q 3 4 5 6 7 8A 9 10 11 12 13 14 Q 15 16 17 A 18 Q 19 20 21 A 22 Q 23 24 25 61 don't remember. Were those meetings designed to just simply take questions from the Uniroyal people or from the plant representatives, or was it also an information exchange of some nature with information being given or imparted to the attendees such as yourself? It was intended for all of us. In other words, I was considered a Uniroyal employee. I was considered a Borden employee because I worked, actually, for both companies. The corporation was -- I don't remember what the percentage was, but it was owned by both of them. When you went to those safety counsel meetings, how many days or how much time was devoted to these Uniroyal meetings? Oh, at least two days. Again, the question I was asking, was it an opportunity for you to ask questions if you had questions to ask? Yes. But in addition to questions that you or other representatives might have, did the people who were holding those meetings provide information to you? %aton Rouge Court Reporters, Inc. " Certified Shorthand Reporters 1-800-375-7906 ToU Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001363 1A 2 3 4 5 6 7Q 8 9A 10 Q 11 12 A 13 Q 14 15 16 A 17 Q 18 A 19 Q 20 21 22 A 23 24 Q 25 62 I don't really remember exactly what went on at the meetings. I know there was a report from every plant, you know, and their safety progress, you know, and they had different speakers from different plants and what have you. Was occupational health one of the subjects of those meetings? In a general way I would say, yes. And did Uniroyal provide information or updates to its various plant people? Not as such, no. What information was Uniroyal providing, or what information was conveyed to you as an attendee at those meetings? You're talking about at the meetings? Yeah. I really don't remember. I don't remember. Was that an opportunity for people at Uniroyal to present new information to plant people such as yourself? Yes. And whether they did or not, I don't remember. As far as you know, did anyone from Uniroyal ever have occasion to review or examine any of Haton Rouge Court Reporters, Inc. -. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001364 63 1 your safety handbooks that you have prepared 2 over the years? 3A 4 Specifically, I couldn't say. I'm sure they did, but any specifics, I don't remember. 5Q Was this something that Dr. Forbes or Dr. 6 Harris would examine or look at when they would 7 come down and meet with you and review your 8 safety records? 9A 10 Q I don't think so, not general safety. Were these handbooks that you prepared reviewed 11 by your plant management before being placed 12 into effect? 13 A It went through all the managers, in other 14 words, the plant managers, operating manager, 15 maintenance manager. You name it. They all 16 had their part to see if they wanted to revise 17 it or, you know, accept it like it was or what 18 19 Q have you. To what extent did you -- let me withdraw 20 that. I'm going to put before you again 21 Exhibit 7. There was a question -- 22 MR. BRODHEAD: From his deposition. 23 MS. VANCE: From his deposition, 24 thank you. 25 BY MS. VANCE: Baton Rouge Court Reporters, Inc. - Certified Shorthand Reporters 1-800-375-7906 ToU Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001365 1Q 2 3 4 5 6 7 8 9 10 11 12 13 A 14 Q 15 A 16 Q 17 A 18 19 20 Q 21 22 23 24 A 25 Q 64 Landry Exhibit No. 7, it was the letter that you wrote to Dr. Forbes dated June 13, 1975. The question I have is just to clarify what I heard to be some of the testimony regarding additional blood work, if any, to be performed on employees of Monochem. And the question I have, sir, is, whose discretion was used to determine whether or not any additional blood work or further blood testing would be done on employees of Monochem who had presented with what is described as abnormal tests? You're talking about additional blood work? Yes. Dr. Werner. And the purpose of this letter was? So Dr. Forbes could put in his input if he thought it needed to be taken further, you know, more blood tests or what have you. And did you then leave it with Dr. Forbes and Dr. Werner to carry on any further communications as may be necessary with regard to additional blood work? I don't remember any of it. I'm asking you with respect to the last Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001366 1 2A 3Q 4 5 6A 7 8Q 9 10 11 A 12 Q 13 14 15 16 A 17 Q 18 19 A 20 Q 21 22 23 24 25 65 sentence of this letter. I never -- Did you, essentially, ask Dr. Forbes then to communicate directly with Dr. Werner as to any further recommendations? I don't remember asking Dr. Werner or Dr. Forbes. Perhaps you misunderstand. Looking at the last sentence of your letter -- and I will read it to you. X know. I can see it. "If you think for any reason further tests should be conducted on Monochem employees, please contact Dr. J. C. Werner with your recommendations." As far as I know, there wasn't any. But that was a matter to be discussed between Forbes and Werner? Right, and Werner. What efforts did you undertake, Mr. Landry, as safety supervisor at Monochem, to educate yourself about vinyl chloride health hazards or safety concerns and then to stay abreast of any new developments as they may have occurred over the years? Baton Rouge Court Reporters, Inc. - . Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001367 1A 2 3 4 5 6 7 8Q 9 10 11 A 12 13 14 Q 15 16 17 18 19 A 20 21 22 23 Q 24 25 66 Well, I guess I read everything that was written about vinyl chloride. As you know, I told you I had a high school education. What I was lacking in education, I had to make up on ray own, and the only way I could do it was reading what other people wrote or what have you. Can you give me some examples of what you read or where you looked for such information to stay abreast of vinyl chloride? such as the data sheet, one of those right there. The OSHA handbook, when it came out, I read that thing from cover to cover. Did you receive, to your knowledge, any communications, either written directly to you or indirectly through your plant manager, from either Borden or Uniroyal, with regard to vinyl chloride or updates in that regard? I think there is a letter here somewhere, from somebody at Uniroyal, about the -- this was after OSHA, I think. I don't remember really, but I thought I had read a letter here. During the course of your tenure as safety manager, if you had questions concerning your job and what you were doing with respect to the Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001368 67 1 Monochem employees, to whom did you turn, 2 within the organization, to get answers to any 3 4A of your questions? Mostly the production manager at that time, Mr. 5 Jack Little. He was a Uniroyal employee and if 6 I had a question, he was from Painesville -- he 7 was a long-term employee of Uniroyal, and any 8 questions I had, I could go to him with it. 9Q Okay. And was the same true after he was 10 elevated to the status of plant manager? 11 A Yes. Well, I worked for him then at that time, 12 directly for him. 13 Q 14 15 Did you have the prerogative to pick up the phone and call Uniroyal directly if you had any questions? 16 A Yes. 17 Q Did you ever have occasion to do that? 18 A I don't remember. 19 MS. VANCE: Nothing further. Thank 20 you. 21 RE-EXAMINATION 22 BY MR. BRODHEAD: 23 Q 24 Mr. Landry, when you tell us that you read everything that was written about vinyl 25 chloride, I take it, from your answer, that you Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 ToU Free DonaldsonvUle Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001369 1 2, 3 4a 5Q 6 7A 8Q 9 10 A 11 Q 12 13 14 15 16 17 18 19 20 A 21 Q 22 23 24 A 25 Q 68 don't pretend to have undertaken a search of the medical literature or the epidemiological literature, do you? No. What you mean is that you read the data sheets when they became available,correct? That's correct. And you read the OSHAhandbook after OSHA intervened; is that correct? That's correct. I don't want to belabor this point if it's not necessary, but if it is, believe me, I will. I want to make very clear that you did not -- and if I'm mistaken, please tell me. I've got dozens and dozens of articles I can go over here with you dating back to the 1930's if you wish, but I just want to make sure I understand that you're not telling us that you were familiar with world medical literature. Oh, no indeed. No. You read the pamphlets or the circulars from organizations that were available on the subject? That's correct. And, specifically, you recall two ofthose? Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll free Donaldsonviile Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001370 1A 2 3Q 4 5 6 7A 8Q 9A 10 11 Q 12 13 14 15 A 16 Q 17 18 A 19 Q 20 21 22 A 23 Q 24 25 A 69 And articles came out in different -- your chemical magazines and what have you. For example, when I showed you the May 1970 article that was presented in Houston by Dr. Viola, you had not seen that article before today? I don11 remember. You don't -- I remember something about it, but I don't remember seeing the article. There were two Italians that are of note, one by the name of Viola and the other by the name of Maltoni (phonetic). Do you know which is which? No, I sure don't. You don't know whose research preceded the other? No. And you don't know whoworked with hamsters, who worked with rats, who worked with mice, so on and so forth? Sure don't. And you don't knowwhat their conclusions specifically were? No. Baton Rouge Court Reporters, Inc. - - Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001371 1Q 2 3 4A 5 6Q 7 8 9A 10 11 Q 12 A 13 Q 14 A 15 16 Q 17 18 19 20 A 21 Q 22 23 24 25 70 All right. To your knowledge, no one from Monochem attended that International Cancer Congress in May? Not that I know of. They may have now. They may have. Would it be fair for me to assume then that if someone did, then they would know about Dr. Viola's paper being delivered in May of '70? I don't know who it would've been except maybe Dr. Boyne or Dr. Kogler. Dr. who? Mr. Kogler. If he said he didn't know anything about it -- It would be one of those. They are technical people. I believe you already told me you don't know anything about the findings, results, or recommendations based upon animal studies that have been done with vinyl chloride, correct? Right. Do you claim to have any knowledge about any of the nonmalignant effects clearly associated with vinyl chloride exposures such as the following. I will go through them each, and you tell me yes or no if you have any Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonvitte Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001372 71 1 2A particular knowledge. Not that I know of. 3Q 4A Number one, disturbance of liver function? Other than what's in the letters that was 5 written around here and in this other stuff, 6 that's all I know about it. 7Q Acroosteolysis? 8 MS. VANCE: Are you asking for his 9 present knowledge or knowledge back at some 10 point in time when he was working -- 11 BY MR. BRODHEAD: 12 Q Present knowledge is fine. 13 A I don't know. 14 Q 15 A Raynaud's phenomenon? Do what? 16 Q 17 A I'll show it to you. Did you ever hear of it? (Witness reviews document.) No. 18 Q 19 A 20 Q 21 A 22 23 Q 24 25 Scleroderma? No. Alterations in pulmonary functions? A little bit, because we did that at Monochem, the pulmonary functions. What are you able to tell me, as a general premise, about pulmonary function results among occupationally exposed polymerization people? Baton Rouge Court Reporters, Inc. ... Certified Shorthand Reporters 1-800-375-7906 ToU Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001373 1A 2Q 3A 4Q 5A 6Q 7 8 9A 10 Q 11 12 A 13 Q 14 15 A 16 Q 17 18 A 19 Q 20 A 21 Q 22 A 23 Q 24 25 72 Right offhand, I couldn't tell you anything. Alterations in the cellular elements of blood? (Witness shakes headnegatively.) No? No. Have you seen, heard, or read anything about an alleged increase in the frequency of chromosomal aberrations? No. I want to ask you a couple of questions about cancer. Then I think I will be done. Good. Do you have any knowledge of a brain cancer called glioblastoma multiforme? No. Did you ever hear of it in association with vinyl chloride? No. Increased incidents of lung cancer? No. You have heard aboutangiosarcoma of the liver? Yes. Did you know anything aboutangiosarcoma of the liver before OSHA intervention in January of 74? Baton Rouge Court Reporters, Inc. -. Certified Shorthand Reporters 1-800-375-7906 Toil Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001374 1A 2Q 3 4 5A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 NO. Do you knowwhatexposure levelswere generally found to be the case before OSHA intervention in polymerization plants? No. MS.VANCE: Let me justinterject an objection to all the questions asking about this witness1 knowledge about health -- reported health effects associated with vinyl chloride exposure on the grounds that there may be no foundation or lack of foundation as to this witness' knowledge of these reports or reported associations that may have post-dated his participation at Monochem. MR. BRODHEAD: And let me state, for the record, that the witness stated, at one point, that he had read everything that was written. THE WITNESS: Well, let me correct that. MS. VANCE: We clarified that. MR. BRODHEAD: I hope we did, but that certainly entitles me to test that, and I intend to. THE WITNESS: Right. Baton Rouge Court Reporters, Inc. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001375 74 1 BY MR. BRODHEAD: 2Q As you sit here today, sir, what is your 3 understanding of what levels of vinyl chloride, 4 in parts per million, have been known to 5 produce angiosarcomas of the liver in 6 laboratory animals? 7A I don't really remember. 8 MR. BRODHEAD: That's all I have, 9 sir. Thank you. 10 THE WITNESS: Thank you. 11 RE-EXAMINATION 12 BY MS. VANCE: 13 Q Just because I'm not sure that it's clear, can 14 you tell us when, in relationship to today, did 15 you last work for or with either vinyl chloride 16 or vinyl chloride monomer? How long has it 17 been? 18 A My last day was -- let's see. The 5th of 19 January was on a Monday, so Friday. 20 Q What year, please? 21 MR. BRODHEAD: 1981. 22 A 1981. 23 BY MS. VANCE: 24 Q So this deposition has been testing your 25 knowledge as to events some eleven plus years Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001376 75 1 ago? is that right? 2A Yes. And some of it goes back a lot further 3 than that. 4Q Did Uniroyal participate, in any way, in 5 assisting you in reviewing or developing your 6 safety program at Monochem, contributing to 7 that? 8A I don't really recall really. g MR. BRODHEAD: Show an objection to 10 the line of questioning on the original basis, ii and this exceeds the scope of re-examination. 12 MS. VANCE: This just a deposition. 13 MR. BRODHEAD: I understand. I'm 14 making my objection for the record. 15 MS. VANCE: The exceeding the scope 16 rule is normally applied in a courtroom 17 setting. 18 MR. BRODHEAD: Depending on how this 19 is intended to be used. 20 BY MS. VANCE: 21 Q As a safety supervisor at Monochem, was it your 22 understanding that the owners. Uniroyal, was 23 familiar with the safety program that you had 24 in place at Monochem? 25 MS. KOESTER: I'm going to object Baton Rouge Court Reporters, Inc. _ Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001377 76 1 just because you used the word "owners" and you 2 only named Uniroyal. I'm not sure what you 3 mean. 4 MR. BRODHEAD: You're also leading 5 your own witness, so that's an objection. 6 BY MS. VANCE: 7Q Was it your understanding, Mr. Landry -- or 8 tell us what your understanding was as to 9 Uniroyal's familiarity with the particulars of 10 your safety program at Monochem. 11 A 12 13 Q Oh, I'm sure they were -- they knew about it. That I'm sure of. How are you sure of that? What suggested to 14 15 A you that they were? Well, since I reported to my boss every month 16 17 18 19 Q 20 21 A 22 23 24 25 and he reported to the owners every month, I'm sure they must have had some knowledge or understanding of it. Of what you were doing and how you were doing it? Yes, I'm sure. MS. VANCE: Nothing further. MS. KOESTER: No questions, Mr. Landry. MR. BRODHEAD: Your position on Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 ToUFree Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001378 77 1 waiver? 2 MS. VANCE: We would prefer not to 3 waive signature. 4 5 WITNESS EXCUSED AT 3:35 P.M. 6 ************** 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 Baton Rouge Court Reporters, Inc. .. Certified Shorthand Reporters 1-800-375-7906 Toll Free Donaldsonville Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001379 78 1 STATE OF LOUISIANA 2 PARISH OF EAST BATON ROUGE 3 I, SHARON S. WENDT, a Certified Shorthand 4 Reporter and a Registered Professional Reporter, do 5 hereby certify that the foregoing is a true and 6 correct transcript of the deposition of LAVERN E. 7 LANDRY given under oath in the preceding matter on the 8 10th day of November, 1992, as taken by me in g Stenographic machine shorthand, complemented with 10 magnetic tape recording, and thereafter reduced to ii transcript using Computer-Aided Transcription. 12 I further certify that I am not an 13 attorney or counsel for any of the parties; that I 14 am neither related to nor employed by any attorney 15 or counsel connected with this action; and that I 16 have no financial interest in the outcome of this 17 action. 18 Baton Rouge, Louisiana, this 15th day of 19 November, 1992. 20 . 21 22 SHARON S. WENDT, CSR, RPR 23 24 25 Baton Rouge Court Reporters, Inc. . Certified Shorthand Reporters 1-800-375-7906 Toll Free DonaldsonviUe Court Reporters Lafayette Court Reporters Orleans Court Reporters UNIR0001380