Document rxVQ3MRk6Y2G7oyqYL95j4LNq

FILE NAME: Mine Safety Appliances (MSA) DATE: 2006 Mar 17 DOC#: MSA020 DOCUMENT DESCRIPTION: Legal - Deposition of Charles J. Seibel, Jr. 1 1 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA 2 3 ROBERT HANKS an individual and) RENA HANKS, his wife, 4 )CIVIL DIVISION-ASBESTOS Plaintiffs, GD No. 05-27730 5 vs. ) 6 ) AMERICAN OPTICAL CORPORATION, ) 7 et al., ) 8 Defendants. ) 9 Video Deposition of CHARLES J. SEIBEL, JR. 10 Monday, March 17, 2006 11 12 The video deposition of CHARLES J. SEIBEL, JR., 13 called as a witness by the Plaintiffs, pursuant to notice and the Pennsylvania Rules of Civil Procedure 14 pertaining to the taking of depositions, taken before me, the undersigned, Terri J. Urbash, a Notary Public 15 in and for the Commonwealth of Pennsylvania, at the offices of Savinis, D 'Amico & Kane, Suite 3626 Gulf 16 Tower, Pittsburgh, Pennsylvania 15219, commencing at 10:00 a.m., the day and date above set forth. 17 - - - 18 19 NETWORK DEPOSITION SERVICES 2936 MCNEAL ROAD 20 ALLISON PARK, PENNSYLVANIA 15219 724-443-5730 21 22 23 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 2 1 COUNSEL PRESENT: 2 On behalf of the Plaintiffs: 3 Savinis, D 'Amico & Kane, LLP: Janice Savinis, Esquire 4 Suite 3626 Gulf Tower Pittsburgh, Pennsylvania 15219 5 On behalf of the Defendants Hunter Sales Corp., 6 F.B. Wright Co. of Pittsburgh, and A.O. Smith: 7 Grogan Graffam: (via telephone) Jason Wehrle, Esquire 8 Four Gateway Center, 12th Floor Pittsburgh, Pennsylvania 15222 9 On behalf of the Defendant Eaton Corporation: 10 Goldberg, Miller & Rubin, P.C.: (via telephone) 11 Jessica Reenock, Esquire 345 Mount Lebanon Boulevard 12 Pittsburgh, Pennsylvania 15243 13 On behalf of the Defendant Mine Safety Appliances Company: 14 Davies, McFarland & Carroll, P.C.: 15 David E. Lamm, Esquire One Gateway Center, Tenth Floor 16 Pittsburgh, Pennsylvania 15222-1416 17 On behalf of the Defendant Safety-First Industries, Inc.: 18 Heintzman, Warren, Wise & Fornella, P.C.: 19 Roger L. Wise, Esquire 35th Floor Gulf Tower 20 Pittsburgh, Pennsylvania 15219 21 On behalf of Oglebay and Norton: 22 Heintzman, Warren, Wise & Fornella, P.C.: Marilyn J. Larrimer, Esquire 23 35th Floor, Gulf Tower Pittsburgh, Pennsylvania 15219 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 3 1 APPEARNACES CONTINUED: 2 On behalf of the Defendants Ingersoll-Rand, E.E. Zimmerman Company, Dezurik, Inc., and 3 Durametallic Corporation: 4 Marks, O 'Neill, O 'Brien and Courtney, P.C.: Adam G. Anderson, Esquire 5 Suite 2600 Gulf Tower Pittsburgh, Pennsylvania 15219 6 On behalf of the Defendants George V. Hamilton, 7 Inc., Premier Refractories, Inc., and Stockham Valves & Fittings: CO Willman & Arnold, LLP: Ronald J. Richert, Esquire 705 McKnight Park Drive 10 Pittsburgh, Pennsylvania 15237 11 On behalf of the Defendants Rust/Universal: 12 Pietragallo, Bosick & Gordon: Matthew D. Gailey, Esquire 13 One Oxford Center, 38th Floor Pittsburgh, Pennsylvania 15219 14 On behalf of the Defendants I.U. North America, 15 Inc., Robertson CeCo Corporation, Union Carbide Corporation, and St. Gobain Abrasives, 16 Inc.: 17 Wilbraham, Lawler & Buba: George Milanovich, Esquire 18 Two Gateway Center, 17 North Pittsburgh, Pennsylvania 15222 19 On behalf of the Defendant Hedman Resources 20 Limited: 21 Kelley Jasons McGuire & Spinelli, L.L.P.: Richard L. Walker, II, Esquire 22 Suite 1500 Centre Square West 1500 Market Street 23 Philadelphia, Pennsylvania 19102 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 4 1 APPEARANCES CONTINUED: 2 On behalf of the Defendant Crane Company: 3 Kirkpatrick & Lockhart Nicholson Graham, LLP: Kerry A. Sheehan, Esquire 4 535 Smithfield Street Pittsburgh, Pennsylvania 15222-2312 5 On behalf of the Defendant CBS Corp., a Deleware 6 Corporation, f/k/a Viacom, Inc., successor by merger to CBS Corp., f/k/a Westinghouse 7 Electric Corp.: 8 Eckert Seamans Cherin & Mellott, LLC: Paula J. Allan, Esquire 9 U.S. Steel Tower, 44th Floor Pittsburgh, Pennsylvania 15219 10 On behalf of the Defendants Honeywell Corporation 11 and Allied Glove Corporation: 12 Swartz Campbell: Nicholas J. Zidik, Esquire 13 4750 U.S. Steel Building Pittsburgh, Pennsylvania 15219 14 On behalf of the Defendants J.M. Foster, Nagle 15 Pumps, Sager Glove, Martin-Marietta, Atlas Industries, Copes-Vulcan, ITT Grinnell, 16 Plotkin Bros., Fairmont Supply: 17 Dickie, McCamey & Chilcote, P.C.: Shannon E. Noe', Esquire 18 Two PPG Place, Suite 400 Pittsburgh, Pennsylvania 15222-5402 19 On behalf of the Defendants Argo Packing Company 20 and Taylored Industries: 21 Wimer Law Offices, P.C.: Matthew Doz, Esquire 22 655 Allegheny Avenue Oakmont, Pennsylvania 15139 23 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 5 1 APPEARANCES CONTINUED: 2 On behalf of the Defendants Cashco, Inc. and Flowserve: 3 Marshall, Dennehey, Warner, Coleman & Goggin: 4 Michelle V. Primis, Esquire 2900 U.S. Steel Tower 5 600 Grant Street Pittsburgh, Pennsylvania 15219 6 On behalf of the Defendants Minnotte Contracting 7 Corporation, M.S. Jacobs & Associates, Grinnel, Eichleay Corporation, and Peterson 8 Canvas: 9 Zimmer Kunz: David F. Ryan, Esquire 10 3300 USX Tower Pittsburgh, Pennsylvania 15219-2702 11 On behalf of the Defendant Sepco Corporation, 12 Garlock Sealing Technologies f/k/a Garlock, Inc., and Washington Group Int., f/k/a Badger 13 Company: 14 Margolis Edelstein: Dennis J. Geis, Jr., Esquire 15 1500 Grant Building Pittsburgh, Pennsylvania 15219-2203 16 On behalf of the Defendant Flowserve: 17 McGeary Law Offices: 18 Michael A. Cohen, Esquire 508 Walnut Road 19 McKeesport, Pennsylvania 15202 20 On behalf of the Defendant Claud S. Gordon: 21 Schnader Harrison Segal & Lewis, LLP: Janette D. Simmons, Esquire 22 Fifth Avenue Place, Suite 2700 120 Fifth Avenue 23 Pittsburgh, Pennsylvania 15222 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 6 1 APPEARANCES CONTINUED: 2 On behalf of the Defendant B.M. Kramer Co., Inc.: 3 Obermayer Rebmann Maxwell & Hippel, LLP: 4 Mark A. Bartholomaei, Esquire One Mellon Center, Suite 5240 5 Pittsburgh, Pennsylvania 15219 6 On behalf of the Defendant BW/IP, Inc. 7 Segal McCambridge Singer & Mahoney: John Turlik, Esquire 8 United Plaza, 30 South 17th Street Suite 1700 9 Philadelphia, Pennsylvania 19103 10 Also Present: 11 Charles S. Bishop, Esquire 12 EXAMINATION BY: 13 Ms. Savinis - PAGE: 7 14 DEPOSITION EXHIBIT NO. PAGE: 1 - Mine Safety Appliances documents 15 15 2 - 1/23/06 letter to Ms. Gleason from Ms. Savinis 26 16 3 - 11/30/37 member list of Air Hygiene Foundation 30 17 4 - document entitled May 1945 Foundation Facts 31 5 - 1967 annual report of the Industrial Hygiene 18 Foundation 34 6 - 1969 annual report of the Industrial Hygiene 19 Foundation 36 7 - medical articles 38 20 8 - copy of Yellow Pages 61 9 - copy of Yellow Pages 61 21 10 - copy of catalog page from Mine Safety Appliances 73 22 11 - copy of catalog page from Mine Safety Appliances 73 23 12 - document of MSA branch offices 76 13 - document of MSA branch offices 76 24 14 - affidavit of Charles J. Seibel, Jr. 86 15 - MSA invoices 93 25 16 - MSA data sheet 94 NETWORK DEPOSITION SERVICES 724-443-5730 7 1 MR. LAMM: This is David Lamm on behalf of 2 Mine Safety Appliances Company. I would request 3 that all those in the room followed by all of us 4 on the phone identify themselves and who they 5 represent in this case. 6 MS. SAVINIS: My name is Janice Savinis 7 and I represent the plaintiff, Mr. and Mrs. 8 Hanks, in this case. 9 MR. MILANOVICH: George Milanovich. I 10 represent IUNA, Union Carbide, St. Gobain and 11 Robertson Ceco. 12 MR. COHEN: Michael Cohen appearing on 13 behalf of Flowserve, although we may no longer be 14 of counsel of record, so I'm here to cover our 15 interests. 16 MR. ANDERSON: Adam Anderson for J.H. 17 Frantz, Ingersoll-Rand, Dezurik, Durametallic, 18 and Zimmerman. 19 MS. NOE: Shannon Noe for Fabri-Valve, 20 Copes-Vulcan, Sager Corporation, Martin-Marietta, 21 Plotkin Brothers, Fairmont Supply, Nagle Pumps, 22 J. M. Foster, and Atlas Industries. 23 MS. ALLAN: Paula Allan for CBS Corp. 24 MR. DOZ: Matt Doz, Argo Packing Company, 25 Taylored Industries, Inc. NETWORK DEPOSITION SERVICES 724-443-5730 8 1 MR. GEIS: Dennis Geis for Sepco Corp., 2 Garlock Sealing Technologies, formerly known as 3 Garlock, Inc., and Washington Group International 4 formerly known as Badger Company. 5 MR. RICHARD: Ron Richert for George 6 V. Hamilton Inc., Stockham Valves & Fittings, and 7 Premier Refactories, Inc. 8 MR. WISE: Roger Wise for Safety First 9 Industries, Inc. 10 MR. BISHOP: Charles Bishop, observing. 11 MR. BARTHOLOMAEI: This is Mark 12 Bartholomaei for B.M. Kramer & Company, Inc. 13 MS. SHEEHAN: Kerry A. Sheehan for Crane 14 Co. 15 MR. ZIDIK: Nicholas Zidik, Honeywell, 16 Inc. and Allied Glove. 17 MR. GAILEY: Matthew Gailey for Rust and 18 Brand. 19 MR. LARRIMER: Marilyn Larrimer Oglebay 20 Norton. 21 MR. GAILEY: Universal Rust, I apologize, 22 I'm sorry . 23 MS. PRIMIS: Michelle Primis, Cashco and 24 Flowserve . 25 MS. SIMMONS: Janette Simmons Claud S. NETWORK DEPOSITION SERVICES 724-443-5730 9 1 Gordon. 2 MR. LAMM: Would those on the phone kindly 3 identify themselves, please. 4 MR. TURLIK: My name is John Turlik for 5 BW/IP, Inc. 6 MR. WALKER: This is Richard Walker 7 representing Hedman Resources Limited. 8 MR. WEHRLE: Jason Wehrle, W-E-H-R-L-E, 9 representing F.B. Wright of Pittsburgh, Hunter 10 Sales Corporation, and A.O. Smith. 11 MS. REENOCK: Jessica Reenock, 12 R-E-E-N-O-C-K, for Eaton Corporation. 13 MS. GORUM: Luciana Gorum, G-O-R-U-M, for 14 Pittsburgh Metals Purifying. 15 MR. LAMM: Is there anyone else on the 16 phone who hasn't identified themself? 17 MR. WOLFORD: Dennis Wolford on behalf of 18 Riley Stoker and Green Tweed. 19 MS. SAVINIS: Dave, would you be so kind 20 as to state your name and who you represent? 21 MR. RYAN: Dave Ryan, list me as also 22 present for now, please. 23 MR. LAMM: Who do you represent, Mr. Ryan? 24 MR. RYAN: I'll be also present. I have 25 to check on the exact client. NETWORK DEPOSITION SERVICES 724-443-5730 10 1 MR. LAMM: Okay. Before we begin, Janice, 2 we are going to limit this deposition to heat 3 protective clothing, in as much as Mr. Hanks 4 claims exposure to protective coats and spats. 5 Mr. Seibel has prepared himself on those 6 issues and has conducted some research and I have 7 asked him to bring some documents with him today 8 that we will give to you now so that you have 9 them for this deposition. 10 Mr. Seibel - 11 MS. SAVINIS: Wait a second. Did you say 12 he is limiting -- you are limiting his testimony 13 to protective clothing? 14 MR. LAMM: To heat protective clothing. 15 MS. SAVINIS: What did you say then about 16 spats? 17 MR. LAMM: Mr. Hanks has testified in his 18 deposition that he claims exposure to spats and 19 to coats. 20 MS. SAVINIS: So you are limiting his 21 testimony to spats and coats? 22 MR. LAMM: No, we are not limiting to 23 spats and coats, but we are limiting his 24 testimony to heat protective clothing. 25 MS. SAVINIS: You know, Dave, I'm offended NETWORK DEPOSITION SERVICES 724-443-5730 11 1 by this because we were before the court, you 2 were before the court with Mike Gallucci from our 3 office and at that time you had never disclosed 4 your intention of limiting the scope of this 5 deposition in any way, shape, or form. Had you 6 advised me of that, and that you were going to be 7 producing documents today, we could have dealt 8 with that beforehand with the Judge. 9 It may not be necessary, but I want to 10 preserve my right to object to you conducting 11 this deposition in this fashion and then I raise 12 the issue that at a future date we may have to 13 bring back Mr. Seibel. 14 MR. LAMM: Let me clarify this, Janice. 15 MS. SAVINIS: Okay. 16 MR. LAMM: When I indicated limitation to 17 heat protective clothing, that addresses your 18 item A out of your five items in your notice. 19 Mr. Seibel is prepared to address your items B, 20 C, D, and E that are part of the notice, but with 21 respect to item A, because of the claimed 22 exposure of Mr. Hanks in this case, we are 23 limiting this deposition to heat protective 24 clothing. 25 MS. SAVINIS: Well, we are going to have NETWORK DEPOSITION SERVICES 724-443-5730 12 1 to deal with that because the notice asked, hold 2 on one second, the notice letter that was sent on 3 January 23rd, 2006 requests that "Mine Safety 4 Appliance produce a witness or witnesses that 5 could discuss the following: A, outline any and 6 all asbestos-containing products manufactured, 7 supplied, and distributed by Mine Safety 8 Appliance." 9 Based on your comments, Dave, it leaves 10 me with the impression that there are other 11 asbestos-containing products that Mine Safety may 12 have manufactured that contained asbestos or 13 supplied a product that contained asbestos, but 14 you are limiting him here today to protective 15 clothing. 16 MR. LAMM: Mr. Seibel undertook some 17 research to be able to address the issues in this 18 case. He is not prepared today to talk about 19 other issues, whatever they may be, and that is 20 why we are limiting this, and we were trying to 21 be helpful by having Mr. Seibel research this 22 issue and provide you with some information. 23 MS. SAVINIS: Well, research the issue, I 24 served discovery on Mine Safety Appliance and 25 they answered that discovery and no documents NETWORK DEPOSITION SERVICES 724-443-5730 13 1 were produced at that specific point in time, but 2 I'm not going to delay this, I'm going to 3 preserve my right to bring back Mr. Seibel if it 4 is necessary, and we will go -- I think we should 5 move forward. 6 MR. LAMM: I think we should move forward, 7 as well, Janice, but the discovery that you had 8 served earlier just had to do with sales to job 9 sites. You recently served a request for 10 production just this past week on us and we are 11 working to address the areas in your request for 12 production, but that was just served, I believe, 13 on March 13, I may be off by a day, but that was 14 just recently served on us. 15 MS. SAVINIS: But David, you have to 16 understand, and in all fairness, to start now to 17 start reviewing documents when I'm here today to 18 conduct the deposition, I obviously would have 19 spent time reviewing these documents and would be 20 prepared to discuss those documents. Now, I'm 21 not prepared to discuss those documents. I have 22 no idea what these documents are and I am 23 prejudiced by that. 24 I certainly wouldn't expect to come to a 25 plaintiffs depo and hand you a large stack of NETWORK DEPOSITION SERVICES 724-443-5730 14 1 documents and say, "Dave, do your thing." It is 2 very unfair. 3 MR. LAMM: Janice, first of all, you 4 didn't ask for any documents to be produced. We 5 undertook the production of these documents. You 6 can ask him questions about heat protective 7 clothing, you can ask him questions about the 8 documents if you wish. Again, we were trying to 9 be helpful by having him look for these 10 documents. These were never requested by you 11 MS. SAVINIS: Well, helpful is when you 12 give it to me in advance, but I want to move on. 13 MR. LAMM: Okay. 14 MS. SAVINIS: Dave, or Mr. Seibel, are 15 these my copies right here? 16 MR. LAMM: Yes. 17 MS. SAVINIS: And you have your own today, 18 Mr. Seibel, to testify from, or do I need to make 19 copies of these? 20 MR. LAMM: He has his own. 21 THE WITNESS: I have my own. 22 MS. SAVINIS: With you here today? 23 THE WITNESS: Yes. 24 MR. LAMM: And part of these documents, 25 Janice, do relate to your request for production NETWORK DEPOSITION SERVICES 724-443-5730 15 1 that you recently served on us because you had 2 asked for catalogs for a period of time, so what 3 we provided you with was catalogs, bulletins, 4 data sheets, specifications with respect to spats 5 and specifications with respect to coats. 6 MS. SAVINIS: For the record, we will have 7 marked as Plaintiff's Exhibit No. 1 the documents 8 that Attorney Lamm and Mr. Seibel produced this 9 morning. 10 I think we should just move forward, and 11 if I need to go to the Court at a later time, so 12 be it. 13 (Thereupon, Plaintiff's Deposition Exhibit 14 No. 1 was marked for identification.) 15 MR. LAMM: That's fine. 16 VIDEO OPERATOR: This is the video 17 deposition of Charles Seibel taken by the 18 plaintiff in the matter of Hanks versus American 19 Optic Corporation, et al., filed in the Court of 20 Common Pleas Pennsylvania, case number 0527730. 21 This deposition is being held at the law 22 offices of Savinis, D 'Amico & Kane located in the 23 Gulf Tower, 707 Grant Street, Suite 3626, on 24 Friday, March 17th, 2006. 25 My name is Dax Parise, the video NETWORK DEPOSITION SERVICES 724-443-5730 16 1 specialist, and the court reporter is Terri 2 Urbash. We are going on the record. The time is 3 10:13 a.m. The court reporter will now swear in 4 the witness. 5 CHARLES J. SEIBEL 6 called as a witness by the Plaintiffs, having been 7 first duly sworn, as hereinafter certified, was 8 examined and testified as follows: 9 EXAMINATION 10 BY MS. SAVINIS: 11 Q Mr. Seibel, will you be so kind and state 12 your name and your business address for the record. 13 A My name is Charles J. Seibel, Jr. The 14 business address is Mine Safety Appliances Company, 15 121 Gamma Drive, Pittsburgh, Pennsylvania, 15238. 16 Q And what community is Gamma Drive? 17 A It is in O 'Hara Township. 18 Q Would you be so kind and also provide us 19 with your home address. 20 A My home address is 504 Rywood Court, that 21 is R-Y-W- O-O-D, Cranberry Township, Pennsylvania, 22 16066. 23 Q How old are you today? 24 A I'm 52. 25 Q And are you currently employed by Mine NETWORK DEPOSITION SERVICES 724-443-5730 17 1 Safety Appliance? 2 A Yes, I am. 3 Q Mr. Seibel, prior to your deposition 4 today, Dave Lamm, who represents Mine Safety here in 5 our community, provided me with some deposition 6 transcripts that I had an opportunity to review, and 7 hopefully that will speed this process along. 8 I understand that you have testified on a 9 number of occasions in this type of setting, but I 10 want to tell you that if you at any time during the 11 course of this deposition want to take a break, please 12 let me know and I will certainly accommodate you. 13 If you don't understand a question, please 14 let me know and I will rephrase it so that you 15 understand my question. 16 I will wait until you finish answering my 17 question and I will ask that -- strike that. 18 I will extend a courtesy to you, I will 19 wait until you complete your answer before I begin my 20 next question, and I would ask that you extend the 21 same courtesy to me, wait until the question is 22 complete before you begin your answer; fair enough? 23 A That sounds fine. 24 Q Can you tell us approximately if you know 25 on how many occasions you have been deposed as a NETWORK DEPOSITION SERVICES 724-443-5730 18 1 representative of Mine Safety Appliance? 2 MR. LAMM: With respect to protective 3 clothing? 4 MS. SAVINIS: Just generally as a 5 representative of Mine Safety Appliance. 6 A Approximately 20 times. 7 Q And out of those approximately 20 8 occasions, do you know how many of those depositions 9 were in regard to asbestos litigation? 10 MR. LAMM: Again, Janice, we are limiting 11 this deposition to protective clothing and we 12 provided you with the deposition transcripts in 13 that regard. 14 MS. SAVINIS: So you are not going to let 15 him answer that question? 16 MR. LAMM: We are limiting this deposition 17 today to protective clothing. 18 MS. SAVINIS: My question is very 19 specific. You are instructing this gentleman who 20 you produced today not to answer that question, 21 out of 20, approximately 20 occasions that he 22 testified, how many times was it in regard to 23 asbestos litigation, are you instructing him not 24 to answer? 25 MR. LAMM: Yes. NETWORK DEPOSITION SERVICES 724-443-5730 19 1 MS. SAVINIS: Okay. 2 Q Can you tell us out of those 20 occasions, 3 Mr. Seibel , how many of those depositions involved 4 asbestos protective clothing? 5 A I believe there were three depositions. 6 Q And did you review those transcripts prior 7 to today? 8 A To some degree, yes. 9 Q And when you say "to some degree," what do 10 you mean? 11 A I mean I didn't read them word for word, 12 but I reviewed them partially or to some degree. 13 Q And when did you do that, this week, last 14 week, could you just approximate for me? 15 A Within the past couple weeks. 16 Q And today you produced some documents that 17 I had marked as Plaintiff's Exhibit No. 1, did you 18 gather these documents? 19 A They were gathered under my direction. 20 Q And when did you do that? 21 A Over the past few weeks they were 22 gathered. 23 Q Are these business records of Mine Safety 24 Appliance? 25 A Yes, they are. NETWORK DEPOSITION SERVICES 724-443-5730 20 1 Q And can you tell me what these documents 2 are? 3 A Basically, they are excerpts of our 4 catalog and they are bulletins and data sheets 5 pertaining to asbestos-containing spats and coats for 6 various years. There is also drawings, engineering 7 drawings , and specifications for coats and spats. 8 Q And am I to understand that the documents 9 that you produced are limited to coats and spats? 10 A They were gathered for that purpose. 11 There may be other products that are depicted in the 12 same brochures and day sheets and catalog pages. 13 Q Are you representing today, Mr. Seibel, 14 that these are all the documents that Mine Safety 15 Appliance has that deal with asbestos spats and coats? 16 A I'm saying that these are engineering 17 drawings and data sheets and catalog pages from the 18 various years that, first of all, it was limited, this 19 was limited to years 1954 through 1984, so over those 20 years these are the catalog pages that contained 21 asbestos -containing coats and spats. 22 Q So the request to produce documents was 23 limited in time from '54 to '84? 24 A Yes. 25 MR. LAMM: That was the working history of NETWORK DEPOSITION SERVICES 724-443-5730 21 1 Mr. Hanks. 2 Q Was the request to produce documents 3 limited in any other way, or are you representing that 4 these are all the documents Mine Safety Appliance has 5 in their possession for asbestos coats and spats 6 during that time period that you have identified? 7 A I can't say that. I know that some of the 8 drawings were not -- were inadvertently omitted, they 9 were requested by myself, but my associate who 10 prepared this information inadvertently omitted some 11 coats over some different lengths, there are three 12 lengths that weren't provided. 13 Q Okay. Any other limitation in regard to 14 these documents? 15 A These cover the latest revision of the 16 products that are identified and these are the top 17 assembly drawings for those items. 18 Q Other than the drawings that were 19 inadvertently omitted, are there other documents on 20 asbestos coats and spats during that time period that 21 you had identified? 22 A I don't know. These are the documents 23 that we undertook to collect. 24 Q Okay. But you can't make a representation 25 that these are all the documents for that limited time NETWORK DEPOSITION SERVICES 724-443-5730 22 1 frame? 2 A We collected catalog pages and brochures 3 and data sheets and engineering drawings, top assembly 4 drawings, for those years. 5 Q Okay. But you are not representing that 6 you can say, "This is it, Janice. This is all 7 Mine Safety Appliance has"? 8 MR. LAMM: I think he already told you 9 that some items had been omitted. 10 Q Other than those items that were 11 inadvertently omitted? 12 A I don't know. 13 Q Okay. Fair enough. 14 Who was your assistant that pulled these? 15 A We have a paralegal that pulled the 16 information. 17 Q And who was that paralegal? 18 A Kimberly Knox. 19 Q Would you spell her last name. iit i 0 1 X 20 A 21 Q Was Kimberly the only individual that was 22 involved in pulling these documents? 23 A No. 24 Q Who else was involved? 25 A We had an individual who actually made the NETWORK DEPOSITION SERVICES 724-443-5730 23 1 copies off of microfilm for these old engineering 2 drawings and specifications. 3 Q And who was that? 4 A His name was George Barabes. 5 Q And can you spell his last name? 6 A I believe it is B-A-R-A-B-E-S. 7 Q Both employees of Mine Safety? 8 A Yes. 9 Q Anyone else involved in producing these 10 documents? 11 A No, there wasn't. 12 Q And it is my understanding that you have a 13 mechanical engineering degree from Penn State? 14 A Yes. 15 Q And prior to that you had gone to 16 Community College? 17 A Community College of Allegheny County, 18 yes. 19 Q You began your employment with Mine Safety 20 Appliances , my understanding, in March of 1977? 21 A That's correct. 22 Q And prior to March of 1977 you were not 23 affiliated in any way with Mine Safety Appliance? 24 A That's correct. 25 Q The only reason why I ask you that, you NETWORK DEPOSITION SERVICES 724-443-5730 24 1 had mentioned some part-time jobs and there was no 2 follow-up in previous transcripts whether those 3 part -time jobs were with Mine Safety Appliance, so 4 that's why I asked it, so your very first employment 5 with MSA was March 1977? 6 A Yes, it was. 7 Q And I understand that from March of 1977 8 up until 1991 you were essentially a design engineer? 9 A Design engineer or senior design engineer. 10 Q And then from 1991 on you became part of 11 the legal department within MSA? 12 A I became part of the law department in 13 1991 , yes . 14 Q And in the prior transcripts you were 15 identified as the manager of product safety; is that 16 your title today? 17 A Yes, it is. 18 Q And you have held that title within the 19 law or legal department since 1991? 20 A Yes. 21 Q Are there other individuals that hold that 22 same job title, manager of product safety, or are you 23 the only individual? 24 A I'm the only individual that has that 25 title. NETWORK DEPOSITION SERVICES 724-443-5730 25 1 Q And you, after you finished your education 2 experience at Penn State as an engineer, you did take 3 some litigation courses at Robert Morris? 4 A That's correct. 5 Q And one of yourfunctions is to, as the 6 manager of product safety, is to assist counsel, such 7 as Mr. Lamm and Mr. Bishop, in legal matters that MSA 8 may be confronted with? 9 A Yes, that's part of my responsibilities. 10 Q And in the past when Ihave served 11 requests for information, discovery materials to Mine 12 Safety Appliance, at times I would see that you would 13 execute the verification that would be attached to 14 interrogatories; is that part of your function as the 15 manager of product safety? 16 A Yes, it is. 17 Q Are you the only individual that verifies 18 discovery in Pennsylvania or are there other 19 individuals that sign a verification for discovery 20 responses? 21 A I think I'm the only one who does that. 22 Q Okay. And have you done that since 1991? 23 A Yes. 24 Q And would this be accurate, it doesn't 25 matter the type of case, it is not as though your NETWORK DEPOSITION SERVICES 724-443-5730 26 1 authority or your ability to sign verification goes 2 beyond asbestos cases? 3 A Are you asking if I verified responses? 4 Q To discovery and litigation that has 5 nothing to do with asbestos? 6 A Yes, I signed verifications for other 7 products. 8 (Thereupon, Plaintiff's Deposition Exhibit 9 No. 2 was marked for identification.) 10 Q Okay. I'm going to have marked as Exhibit 11 No. 2 to this deposition a letter that I had 12 referenced while we were off the record, and I will 13 hand you a copy and then I will hand Mr. Bishop and 14 Mr. Lamm also copies, and it is a letter that I 15 authored on January 23rd, 2006, and I sent it to 16 Attorney Jocelyn Gleason, who is affiliated with the 17 same law firm as Mr. Lamm, Davies McFarland & Carroll, 18 and I requested that Ms. Gleason on behalf of Mine 19 Safety Appliance produce a witness or witnesses that 20 could answer the following: "A, outline any and all 21 asbestos-containing products manufactured, supplied 22 and distributed by Mine Safety Appliance; B, outline 23 sales of said products to U.S. Steel," where Mr. Hanks 24 had worked, "C outline the trade associations to which 25 the defendant was a member; D, outline the record NETWORK DEPOSITION SERVICES 724-443-5730 27 1 retention policy of the defendant; E, outline when the 2 defendant became aware of the health hazards linked 3 with asbestos." 4 Mr. Seibel, did you ever see this letter? 5 A Yes, I have. 6 Q And can you tell us what you feel that you 7 are in a position to testify about today, that you 8 have knowledge of? 9 MR. LAMM: As I indicated earlier, Janice, 10 Mr. Seibel is prepared to address each of these 11 areas in your letter with the limitations set 12 forth with respect to item A earlier in the 13 deposition. 14 MS. SAVINIS: And what is that limitation 15 so it is on the video? 16 MR. LAMM: The limitation is that 17 Mr. Seibel has researched and is prepared to talk 18 about heat protective clothing because that is 19 the type of product that your client, Mr. Hanks, 20 claims he was exposed to. 21 Q And Mr. Seibel, just so I have your 22 testimony, you believe you are competent to address 23 not only asbestos protective clothing, which is A, you 24 can outline and testify to my request as to B, C, D, 25 and E? NETWORK DEPOSITION SERVICES 724-443-5730 28 1 A Yes, I am prepared to discuss the other 2 items in this letter. 3 Q Are there any other current employees that 4 may be in a better position than you, Mr. Seibel, to 5 answer these questions, that you are aware of? 6 MR. LAMM: Object to the form. I don't 7 know what you mean by "better position." 8 MS. SAVINIS: Have more knowledge. 9 A I don't believe so. 10 Q Can you tell me what -- or excuse me, when 11 Mine Safety Appliance became aware of the health 12 hazards linked with asbestos? 13 MR. LAMM: I would object to the form of 14 that question in as much as it is not clear as to 15 the types of products, it is not clear as to the 16 types of asbestos, it is not clear as to the 17 levels of exposure, it is not clear as to the 18 working conditions, and therefore, I would just 19 object to the form. 20 If you could clarify it, Janice, perhaps 21 Mr. Seibel would be able to answer. 22 MS. SAVINIS: Are you directing him not to 23 answer that question? 24 MR. LAMM: No, I'm not. The question is 25 very vague, that's all. NETWORK DEPOSITION SERVICES 724-443-5730 29 1 MS. SAVINIS: I think it is pretty clear, 2 in my view. 3 Q You understand the question, you have 4 answered it before. So my question is: Mr. Seibel, 5 if you know, can you tell us when Mine Safety 6 Appliance became aware of the health hazards linked 7 with asbestos? 8 MR. LAMM: I would just assert the same 9 objection because that question is very vague. 10 If you can understand it or clarify it, that is 11 fine, Mr. Seibel. 12 A I think the knowledge of the health 13 hazards of asbestos evolved over time. Certainly 14 with the establishment of OSHA and the exposure 15 limits there was a knowledge of those exposure limits, 16 and it evolved over time and it is continuing to 17 evolve, and I can't say that there was one particular 18 date when we didn't know of hazards and the next day 19 we did. 20 Q So it is something that just took some 21 time, it just didn't happen on one day? 22 A It took some time, it evolved over time, 23 the knowledge of asbestos and health hazards. 24 Q I'm going to hand you a document that we 25 will have marked as Plaintiff's Exhibit No. 3. NETWORK DEPOSITION SERVICES 724-443-5730 30 1 (Thereupon, Plaintiff's Deposition Exhibit 2 No. 3 was marked for identification.) 3 Q It was adocument - 4 MR. LAMM: May I see that, please? 5 MS. SAVINIS: Absolutely. I'm going to 6 give you a copy. 7 MR. LAMM: That's okay, Janice. Thank 8 you. 9 MS. SAVINIS: Gentleman, if you could 10 share those. 11 Q Mr. Seibel, thisdocument was a document 12 that was produced pursuant to a request for documents 13 to the IHF, the Industrial Hygiene -- or Industrial 14 Health Foundation, and they produced these documents, 15 they are membership lists. 16 And on the first page it says, "Members of 17 the Air Hygiene Foundation as of November 30, 1937," 18 and if you look, and I highlighted, "Mine Safety 19 Appliance." 20 And then if you look at the next page, it 21 is the membership list, if you look at the top, for 22 1981, "4-29-81," and if you flip to the second page, 23 you will see Mine Safety Appliance and it tells you 24 the year that Mine Safety Appliance joined the IHF, 25 and that was -- which at that point in time was known NETWORK DEPOSITION SERVICES 724-443-5730 31 1 as the Air Hygiene Foundation, the date is listed as 2 1936; do you see that? 3 A Yes, I do. 4 Q And were you aware prior to today that 5 Mine Safety Appliance was a member of the Air Hygiene 6 Foundation and/or IHF since 1936? 7 A I was aware that Mine Safety Appliance as 8 a company was a member of the Air Hygiene Foundation. 9 I wasn't certain of the exact year. 10 Q I'm going to show you a document that I am 11 going to mark as Exhibit No. 4. 12 (Thereupon, Plaintiff's Deposition Exhibit 13 No. 4 was marked for identification.) 14 Q Once again, this is a document that was 15 produced by the IHF, and if you look at the top it is 16 dated "May 1945" and it is entitled, "Foundation 17 Trustees Hold Spring Meeting." 18 If you look at the photograph, Mr. Seibel, 19 you will see it is noted, "The board of trustees of 20 Industrial Hygiene Foundation held their spring 21 meeting in the boardroom of the Johns-Manville 22 Corporation in New York on May 10th. Trustees present 23 are pictured below." And I direct your attention to 24 the last person at the boardroom table at Johns- 25 Manville and his name is "W.P. Yant," Y-A-N-T, and he NETWORK DEPOSITION SERVICES 724-443-5730 32 1 is listed as a representative of Mine Safety 2 Appliance . Do you see that? 3 A Yes. 4 Q Did you ever hear of Mr. W.P. Yant? 5 A Yes. 6 Q And can you tell us what position Mr. Yant 7 held? 8 A I don't know his exact position at Mine 9 Safety Appliances Company. 10 Q Was he an owner of the business? 11 A No, I don't believe so. 12 Q Do you know what years Mr. Yant was 13 employed by Mine Safety Appliance? 14 A I don't recall. 15 Q Were you aware, prior to today and being 16 shown this photograph, that Mr. Yant was a trustee 17 back in 1944 of the Industrial Hygiene Foundation? 18 A I don't know whether he was a trustee. I 19 didn't know that prior to this document. 20 Q Okay. Did you ever hear of a gentleman by 21 the name of Eugene -- 22 MR. LAMM: Maybe we should go off the 23 record. 24 MS. SAVINIS: One moment. 25 VIDEO OPERATOR: We are going off the NETWORK DEPOSITION SERVICES 724-443-5730 33 1 record. The time is so 10:36. 2 (Recess taken.) 3 VIDEO OPERATOR: We are going back on the 4 record. The time is 10:39. 5 BY MS. SAVINIS: 6 Q Sorry for the interruption. I was ready 7 to ask you about a gentleman by the name of Eugene 8 Merry, his last name would be spelled M-E-R-R-Y, and 9 my question is, do you know Mr. Merry or did you know 10 Mr. Merry? 11 A Yes, I knew of Mr. Merry. 12 Q You knew of him? 13 A Yes. 14 Q You personally didn't know him? 15 A Not on a personal level, no. 16 Q Okay. And how was Mr. Merry employed? 17 A He was president of Mine Safety Appliances 18 Company. 19 Q Do you know what years Mr. Merry served as 20 president of Mine Safety Appliance? 21 A I don't know offhand, no. 22 Q Do you know if Mr. Merry is alive today? 23 A No, he is deceased. 24 Q And do you know just generally when he 25 passed away? NETWORK DEPOSITION SERVICES 724-443-5730 34 1 A I believe it was last spring. 2 Q Did he always -- did he pass on, was he a 3 resident of the community here, Pittsburgh community? 4 A Yes, he lived in the Pittsburgh area. 5 (Thereupon, Plaintiff's Deposition Exhibit 6 No. 5 was marked for identification.) 7 Q I'm going to show you a document that I'm 8 going to mark as Plaintiff's Exhibit No. 5. I will 9 pass one on to Dave Lamm. It is another document that 10 was produced by the Industrial Hygiene Foundation. 11 If you could flip to the first tab. 12 MR. LAMM: Wait a second. I don't have a 13 tab on mine. What is that page? 14 Q As we noted, this document is dated "The 15 1967 Annual Report of the Industrial Hygiene 16 Foundation," and on this page under the heading 17 "Research Laboratory," there is reference to Dr. Paul 18 Gross and "asbestos bioeffects"; do you see that? 19 A Yes. 20 Q Did you ever see this document before? 21 A No, I haven't. 22 Q And then if we go to the next tabbed 23 section -- and let's give Mr. Lamm a chance to get 24 there. 25 MR. LAMM: Okay. NETWORK DEPOSITION SERVICES 724-443-5730 35 1 Q There is reference at the top of the page, 2 "officers and members of the board of trustees," and 3 if you go down you will see that E.W. Merry of Mine 4 Safety Appliance is on the board of trustees; do you 5 see that? 6 A Yes, I do. 7 Q And actually, if you flip to the 8 final section, there is a photograph of Mr. Merry, 9 it says "New members of the board of trustees, 10 Eugene W. Merry." 11 Now, did you know that Mr. Merry was 12 serving as a trustee at some point in time for the 13 IHF? 14 A No, I didn't. 15 Q Do you have a general idea, Mr. Seibel, 16 when Mr. Merry would have served as the president of 17 Mine Safety Appliance, like the years? 18 A I think you asked that question and I -- I 19 know that when I was hired in 1977 he was president. 20 Q He was president then? 21 A Yes. 22 Q And do you know when he retired or left 23 Mine Safety Appliance? 24 A He retired and then came back to serve 25 another period of time as president, but I don't NETWORK DEPOSITION SERVICES 724-443-5730 36 1 recall the years that that occurred. 2 Q If I asked Mine Safety in an interrogatory 3 about the years Mr. Merry served as the president, do 4 you know if there were documents that would allow you 5 to provide that information? 6 A I believe there are documents that would 7 indicate when Mr. Merry was president. 8 Q Okay. Fair enough. Then I will just go 9 that road. 10 I am going to show you now a document that 11 we will have marked as Exhibit No. -- I think it is, 12 let's see, we are going to mark it as Exhibit No. 6, 13 and it is a document from the Industrial Hygiene 14 Foundation. It is their 1969 annual report. 15 (Thereupon, Plaintiff's Deposition Exhibit 16 No. 6 was marked for identification.) 17 Q Once again, you have never seen this 18 document before? 19 A I don't recall seeing it before. 20 Q Do you know if Mine Safety Appliance has 21 any Industrial Hygiene Foundation documents in their 22 possession as a record, a business record? 23 A I don't know. 24 Q Do you know if you have ever made a search 25 for such records? NETWORK DEPOSITION SERVICES 724-443-5730 37 1 A I don't recall. 2 Q If you would be so kind to flip to the 3 first section, which is entitled at the top of the 4 page "IHF Programs, Experimental Research, Fibrous 5 Dust," do you see that? 6 A Yes. 7 Q And do you know, sir, if asbestos is a 8 fibrous dust? 9 A I don't know. 10 Q Okay. And if you flip to the second page 11 there is a section entitled "Asbestos"; do you see 12 that? 13 A Okay. Page 3. Yes. 14 Q Sir, did you know that the IHF looked at 15 asbestos and asbestos-related issues, like how to 16 prevent disease, did you know that? 17 A I wasn't familiar with that, no. 18 Q Okay. And finally, the last tabbed 19 section , once again, board of trustees, Mr. Merry is 20 listed again as a Mine Safety Appliance representative 21 sitting on the board of trustees for the IHF. 22 Sir, do you know of any employees that you 23 recall that served on any board or panel for the IHF? 24 A No, not to my knowledge. 25 Q Do you know if you ever researched that NETWORK DEPOSITION SERVICES 724-443-5730 38 1 issue? 2 A I don't recall researching that issue. 3 Q Okay. Sir, I'm going to hand you Exhibit 4 No. 7. 5 (Thereupon, Plaintiff's Deposition Exhibit 6 No. 7 was marked for identification.) 7 MS. SAVINIS: I will hand one to Dave 8 Lamm. 9 Q I am representing to you that every month 10 the Industrial Hygiene Foundation would issue a 11 digest, and that's what the cover of the digest looked 12 like, and in the digest there would be summaries of 13 medical articles that were published in the 14 literature , medical articles, engineering articles, 15 and I have provided you with some of those summaries 16 that would have been received in the digest by every 17 member because it was the digest -- because the digest 18 was sent out once a month. 19 MR. LAMM: That doesn't necessarily mean 20 that every member received it. 21 MS. SAVINIS: That's the representation of 22 the IHF, and I understand that. 23 Q Did you ever -- in looking at business 24 documents of Mine Safety Appliance, did you ever see 25 any Industrial Hygiene digests? NETWORK DEPOSITION SERVICES 724-443-5730 39 1 A I don't recall seeing Industrial Hygiene 2 digests. 3 Q That was produced by the IHF? 4 A No, I haven't seen this document before. 5 Q Okay. Now, the first document or medical 6 article that was summarized in the digest is entitled, 7 "The Occurrence of Pulmonary Fibrosis and Other 8 Pulmonary Affections in Asbestos Workers," and that 9 was published for the members back in 1930. You have 10 never seen this summary before? 11 A No, I haven't. 12 Q The next article, this "JIH" stands for 13 "Journal of Industrial Hygiene." Are you familiar 14 with that journal? 15 A I'm familiar with the Industrial Hygiene 16 Journal. 17 Q Okay. Did you see this article ever, it 18 is entitled -- it was published in 1930, "Further 19 Observation on Pulmonary Asbestosis with Special 20 Reference to Asbestos Dust and Curious Bodies Found in 21 Lungs"? 22 A I have never seen this before. 23 Q Let's flip to the third page. The article 24 that was published was dated 1931. It is entitled, 25 "Asbestos Dust and Asbestos Bodies From Lungs of NETWORK DEPOSITION SERVICES 724-443-5730 40 1 Asbestos Workers." Did you ever see that article? 2 A Not that I recall. 3 Q Did you ever see this summary in the 4 business records of Mine Safety Appliance? 5 MR. LAMM: There doesn't appear to be any 6 summary on that page, just a title of the 7 document. 8 MS. SAVINIS: Fair enough. 9 MR. LAMM: Okay. 10 Q Did you ever see this index card that has 11 "Mellon Institute Industrial Research" on there? 12 A No, I never saw it. 13 Q Next article is from 1932 entitled, 14 "Asbestosis." Did you ever see this index card from 15 the IHF? 16 A No, I haven't seen it. 17 Q And if you go on you will start to see 18 that there are documents, one is entitled, "Asbestosis 19 as an Industrial Disease," that was published in 1934, 20 and as you go on, these are -- you are going to start 21 to see an article that is published in 1936 entitled, 22 "Pulmonary Asbestosis and Carcinoma," did you ever 23 hear of that word, "Carcinoma"? 24 A I may have heard that. 25 Q Do you know if that means cancer? NETWORK DEPOSITION SERVICES 724-443-5730 41 1 A I don't know. 2 Q The next article is entitled, "Two Cases 3 of Squamous Carcinoma of the Lung Occurring in 4 Asbestosis" published in October of 1935, sent to the 5 IHF members in 1936. Did you ever see that index 6 card? 7 A No, I never saw this index card. I don't 8 know how you know that it is sent to the members. 9 Q In 1936 by the date in the far right. You 10 have never seen these cards, so you are not familiar 11 with those? 12 A I have never seen these cards. 13 MR. LAMM: Janice, before your next 14 question, I would just object to the relevancy of 15 all of this since you have indicated or shown 16 Mr. Seibel a document which shows that Mine 17 Safety didn't become a member until 1936 and all 18 of these articles predate their membership. 19 MS. SAVINIS: We were going to go through 20 some more of these. 21 MR. LAMM: But with respect to ones that 22 you talked about so far. 23 Q In February of 1938 there is an article 24 that is sent entitled "Pathological: Anatomy of 25 Asbestosis," do you see that? That was sent to NETWORK DEPOSITION SERVICES 724-443-5730 42 1 members in February of 1938. 2 Next article, "The Prevention of 3 Asbestosis in Industry" sent to members April 1938. 4 Sir, did you know that there were medical 5 articles published in the -- after 1936 but still in 6 the 1930s that talked about the disease asbestosis and 7 asbestos being a cancer-causing agent; did you know 8 that? 9 A I'm not familiar with that. 10 Q Sir, if Mine Safety Appliance was a member 11 of the IHF since 1936, and Mine Safety Appliance 12 employees such as the president, or Mr. Yant, the 13 gentleman who was in the board room of Johns-Manville, 14 had this information that asbestos caused -- could 15 cause a disease known as asbestosis and could be 16 linked with cancer, is it reasonable to infer based on 17 Mine Safety Appliance's involvement and participation 18 with the IHF that Mine Safety Appliance knew back then 19 -- let me finish, Dave -- that asbestos caused 20 asbestosis and lung cancer, or cancer, back in the 21 '30s? 22 MR. LAMM: I would object to the form of 23 that question in as much as it assumes many 24 things. It assumes that a particular article was 25 sent to MSA, it assumes that, you know, they NETWORK DEPOSITION SERVICES 724-443-5730 43 1 received these things, and it is also a compound 2 question, so I would object. 3 If you could clarify it, Janice, maybe 4 Mr. Seibel could answer it. 5 Q Real simple, if MSA employees, 6 high-ranking employees were members of the IHF and 7 received these medical articles, did MSA have 8 knowledge that asbestos caused disease back in the 9 '30s? 10 MR. LAMM: I would object again on the 11 same basis. You are assuming that they had it 12 and you are asking a hypothetical question. I 13 don't know how this witness is in the position to 14 answer this one way or the other. 15 MS. SAVINIS: Let him assume that they 16 received these articles for purposes of my 17 question. 18 MR. LAMM: That is not a proper question. 19 MS. SAVINIS: Are you instructing him not 20 to answer, Dave? 21 MR. LAMM: I'm not instructing him not to 22 answer, I'm noting my objection for the record. 23 I don't know how a witness can answer a question 24 in the vacuum in which you ask him to assume that 25 somebody had some information and knowledge when NETWORK DEPOSITION SERVICES 724-443-5730 44 1 he may or may not know. Maybe the better 2 question is whether he knows whether they had 3 this information. 4 MS. SAVINIS: You can ask your questions 5 when I'm done. I'm asking my questions now. 6 A Well, it is a hypothetical question. I 7 don't know for certain that we received these 8 documents in the years indicated on the cards. I can 9 say that the knowledge of the hazards of asbestos has 10 evolved over time and I can't put any specific date to 11 it because I don't know that we actually saw this 12 information. 13 Q Now, you had mentioned, you talked about 14 the knowledge of the hazards of asbestos evolved over 15 time and you had mentioned OSHA in answering your 16 question; do you recall that? 17 A Yes. 18 Q And do you know when OSHA came into 19 existence? 20 A In the early '70s. 21 Q And do you believe prior to OSHA coming 22 into existence in the early 1970s, there were medical 23 articles out there linking asbestos with cancer? 24 A As I mentioned, the knowledge evolved over 25 time. I don't know today what specific articles were NETWORK DEPOSITION SERVICES 724-443-5730 45 1 available and when they were available and whether we 2 saw them or not, but MSA's knowledge of the hazards of 3 asbestos evolved over a period of time. 4 Q How do you know that? 5 A Because it is continuing to evolve today. 6 We are continuing to learn more and more about 7 hazardous substances, including asbestos. 8 Q When you started in March of 1977, did you 9 as an engineer for MSA know that -- believe that there 10 were hazards linked with asbestos? 11 MR. LAMM: Again, I would object to the 12 form of the question in as much as we don't know 13 the type of asbestos, we don't know the quantity 14 of asbestos, we don't know the type of product at 15 issue. It is just a very broad question when you 16 ask about hazards of asbestos. You may answer. 17 A I can't say, in 1977 I was not familiar 18 with a lot of things that the company was involved 19 with so I can't say whether -- what I knew at that 20 time. 21 Q Putting aside what, you know, what the 22 company was involved in, at that point in time, as an 23 engineer, did you know that there were health hazards 24 linked with asbestos? 25 A I don't recall. NETWORK DEPOSITION SERVICES 724-443-5730 46 1 Q Did there come a point in time when you as 2 an MSA employee learned that there were hazards linked 3 with asbestos? 4 A I think in the '70s when OSHA established 5 a PEL, there was a knowledge of that asbestos was a 6 hazardous substance at that point in time. 7 Q And when was that? 8 A I don't know the date exactly. I mean, we 9 can get that information for you or you can get it 10 yourself, but -- the history of the PEL as it changed 11 over the years and when it was first established. 12 Q Do you believe that there were standards 13 for asbestos exposure prior to OSHA? 14 A I'm not familiar with any other standards, 15 other than the OSHA standard. 16 Q Before you moved to the legal department 17 in 1991, did you have knowledge that Mine Safety 18 Appliance manufactured any asbestos- containing 19 products? 20 A I don't know that I did. 21 Q Would this be an accurate statement, 22 Mr. Seibel , that you personally never were involved 23 in, as an engineer, in designing any asbestos- 24 containing product for Mine Safety Appliance? 25 A That's correct, I was not involved in any NETWORK DEPOSITION SERVICES 724-443-5730 47 1 asbestos-containing product and design of such. 2 Q And Mr. Seibel, you were not involved in 3 any way in designing asbestos protective clothing? 4 A I did not work on or design protective 5 clothing. 6 Q And you were never involved in selling 7 asbestos-containing clothing to any customer for Mine 8 Safety Appliance; would that be true? 9 A That's true, I was not in sales so I did 10 not sell any product to any customer. 11 Q Okay. Now, can you tell us today, and we 12 will divide this up, first of all, what asbestos- 13 containing products that you believe -- strike that. 14 Do you believe that Mine Safety Appliance 15 manufactured asbestos-containing products beyond 16 protective clothing? 17 MR. LAMM: I would object to the form of 18 that question in as much as we have already 19 indicated that given your client's allegations 20 with respect to spats and with respect to coats, 21 that this deposition is about spats and coats 22 today. 23 MS. SAVINIS: So you are instructing him 24 not to answer that? 25 MR. LAMM: Yes. NETWORK DEPOSITION SERVICES 724-443-5730 48 1 Q Can you list for us the asbestos- 2 containing protective clothing that Mine Safety 3 Appliance manufactured? 4 A Well, I have conducted a search and I 5 provided some documents today that indicate the 6 asbestos- containing heat protective coats and spats 7 that MSA sold in the years 1954 through 1984. 8 Q Did Mine Safety Appliance sell or supply 9 asbestos- containing protective clothing beyond spats 10 and coats? 11 A There are other products in our catalog 12 and maybe depicted in the documents that I have 13 provided. 14 Q But you can't give us a list of those 15 products here today on your own? 16 A No, no, I can't. 17 Q Okay. I'm going to tell you what I did, 18 Mr. Seibel. One of the deposition transcripts that I 19 was provided of you, attached to it were a number of 20 exhibits with protective clothing, asbestos protective 21 clothing, and I went through those and leafed through 22 those and came up with a list, and I want to ask you 23 about if you have a recollection of looking at similar 24 documents ; okay? 25 Did Mine Safety Appliance sell asbestos NETWORK DEPOSITION SERVICES 724-443-5730 49 1 gloves? 2 A MSA sold asbestos-containing gloves up to 3 1984. 4 Q Okay. And did MSA sell 5 asbestos -containing mitts or mittens? 6 A I think included in that product line was 7 asbestos -containing mittens. 8 Q And did they sell asbestos-containing 9 sleeves? 10 A I think there were asbestos-containing 11 sleeves. 12 Q Sometimes they are called even like, they 13 were called arm protectors, sleeves, I'm assuming it 14 is the same thing, did you see arm protectors, also? 15 A I think so, I'm not certain. 16 Q Okay. How about asbestos-containing 17 finger guards, did you see those? 18 A I don't know. 19 Q How about asbestos-containing hand pads, 20 did MSA sell asbestos-containing hand pads? 21 A I don't know. 22 Q How about asbestos-containing -- did they 23 sell asbestos-containing leggings? 24 A We sold leggings, I don't recall whether 25 they are asbestos containing or not. NETWORK DEPOSITION SERVICES 724-443-5730 50 1 Q How about aprons, did MSA sell asbestos- 2 containing aprons? 3 A Again, I believe we sold aprons, I don't 4 know whether they contained asbestos. 5 Q But if attached to one of your transcripts 6 was a Mine Safety Appliance catalog that showed 7 asbestos-containing aprons, you wouldn't dispute that? 8 A If I saw a document, if I saw a catalog 9 that indicated it, I likely wouldn't dispute it. 10 Q Okay. And coats, Mine Safety Appliance 11 sold asbestos-containing coats? 12 A As indicated in the documents I provided. 13 Q And you already told us about spats. Do 14 you know if Mine Safety Appliance sold asbestos- 15 containing hoods? 16 A I don't know. 17 Q But if it would be depicted in the 18 catalog, you wouldn't dispute it? 19 A I don't believe so. 20 Q Do you know if Mine Safety Appliance 21 manufactured any asbestos-containing protective 22 clothing? 23 A I think I indicated previously we had a 24 cut and sew department where we cut fabric and 25 manufactured clothing. NETWORK DEPOSITION SERVICES 724-443-5730 51 1 Q And when you say "clothing," what articles 2 are you talking about? 3 A Heat protective asbestos-containing 4 clothing. 5 Q But we went through some articles, what 6 articles are you talking about now? Are you talking 7 about did Mine Safety Appliance, you know, cut and sew 8 gloves or what specific articles? 9 A What specific products you mean? 10 Q Right. 11 A We never manufactured asbestos-containing 12 gloves. 13 Q What products did Mine Safety Appliance 14 manufacture in the protective clothing line? 15 A I'm not certain specifically. You can 16 look at some of the documents that I provided, which 17 indicate that some of the coats were manufactured by 18 MSA. 19 Q Okay. I don't want to confuse you, 20 Mr. Seibel. When I looked at your previous testimony, 21 it was your testimony that Mine Safety Appliance 22 manufactured some asbestos-containing, they were 23 called suits, I'm going to use the word that you use 24 and these lawyers use, everybody said, "asbestos- 25 containing suits," and then gloves, you testified Mine NETWORK DEPOSITION SERVICES 724-443-5730 52 1 Safety Appliance only sold asbestos gloves, would that 2 be your testimony today? 3 A Yes, we only sold the gloves. 4 Q Mine Safety only sold asbestos mittens, 5 they didn't manufacture them? 6 A That's correct. 7 Q Okay. Now, you are telling me in regard 8 to coats that Mine Safety Appliance may have 9 manufactured some asbestos-containing coats? 10 A Yes, that's correct. 11 Q Okay. It is hard because when they use 12 this term "suit," I don't know if that means, you 13 know, that you sold it as one piece, so it was 14 unclear. 15 Beyond the coats, are there any other 16 products that Mine Safety manufactured that contained 17 asbestos in the protective clothing line? 18 A I'd have to research that. My research 19 today I'm providing is on coats and spats. 20 Q Did Mine Safety manufacture asbestos- 21 containing spats? 22 A I think all of those spats identified 23 there were purchased. 24 Q Not manufactured by MSA? 25 A Not manufactured, that's correct. NETWORK DEPOSITION SERVICES 724-443-5730 53 1 Q When Mine Safety Appliance -- did you 2 agree with my statement that you previously said Mine 3 Safety Appliance manufactured asbestos suits? 4 A It sounds familiar. I don't recall 5 reading that. 6 Q Okay. Do you know where 7 Mine Safety Appliance secured the cloth to make 8 asbestos- containing suits? 9 A Not specifically, no, I don't. 10 Q Do you know where Mine Safety Appliance 11 secured material, asbestos material, to manufacture 12 asbestos- containing coats? 13 A Offhand, I don't know. 14 Q Are there documents back at Mine Safety 15 Appliance that would answer that question? 16 A There may be. I can't be certain of that. 17 Q In the past you said in the Hart case, 18 that was one of the transcripts that was provided to 19 me, that the Mine Safety Appliance purchased asbestos 20 gloves from Aljay Company, A-L-J-A-Y Company, Racine, 21 R-A-C-I-N-E, and Steel Grip; do you recall those 22 manufacturers of asbestos gloves that Mine Safety 23 Appliance sold? 24 A That sounds familiar, yes. 25 Q Are you aware of any other manufacturers NETWORK DEPOSITION SERVICES 724-443-5730 54 1 of asbestos gloves that Mine Safety Appliance sold? 2 A Not that I recall today. 3 Q For example, did Mine Safety Appliance 4 ever sell Wheeler protective asbestos-containing 5 gloves? 6 A I don't recall. 7 Q Do you know if Mine Safety Appliance sold 8 American Optical asbestos-containing gloves? 9 A I don't recognize that name as a glove 10 supplier. 11 Q Do you know if MSA sold A-Best asbestos- 12 containing gloves? 13 A I don't recognize that name as an asbestos 14 glove supplier. 15 Q How about Advance Glove Manufacturing 16 Company? 17 A I don't recall that. 18 Q Genco, G-E-N-C-O, or Genter, G-E-N-T-E-R? 19 A I don't recognize that name. 20 Q Keasley & Mattison? 21 A I don't recognize that name. 22 Q Olympic Glove? 23 A I recognize that name but I don't know 24 whether we ever bought anything from them. 25 Q How about OKI, three capital letters, NETWORK DEPOSITION SERVICES 724-443-5730 55 1 Supply Company? 2 A I don't recognize the name. 3 Q How about Safety First? 4 A I don't know. 5 Q But the three names that I had mentioned, 6 you recall those three, Aljay, Racine, and Steel Grip 7 as Mine Safety Appliance purchasing those gloves to 8 sell? 9 A I believe so, yes. 10 MR. LAMM: Janice, when it is appropriate, 11 we have been going for over an hour, if it would 12 be a good time to take a short break, if you are 13 done with that line of questioning. If it is 14 convenient to stop at this point. 15 MS. SAVINIS: If you want to take a break, 16 Mr . Seibel, you let me know. Do you want to take 17 a break? 18 MR. LAMM: I want to take a break. 19 MS. SAVINIS: That's fine, then we'll take 20 a break. 21 VIDEO OPERATOR: We are going off the 22 record. The time is 11:13. 23 (Recess taken.) 24 VIDEO OPERATOR: We are going back on the 25 record. The time is 11:24. NETWORK DEPOSITION SERVICES 724-443-5730 56 1 BY MS. SAVINIS: 2 Q Sir, if we could, I'd like to direct your 3 attention to Exhibit No. 1, which are the documents 4 that you were so kind to bring to me today, and the 5 first, which is over here, I'd like to refer you to 6 the 1957 bulletin. Is this 1957 bulletin a catalog of 7 MSA? Does bulletin mean catalog or is that something 8 different? 9 A It is more or less a brochure. 10 Q So in 1957, if you look at page 3, Mine 11 Safety was advertising aluminized asbestos coats, 12 aluminized asbestos aprons, aluminized asbestos 13 trousers, aluminized asbestos coveralls; correct? 14 A Yes. 15 Q And if you flip over to the next page they 16 were also advertising aluminum asbestos spats, 17 asbestos leggings, and asbestos gloves; correct? 18 A Yes, that's correct. 19 Q Do you know what on the page that you are 20 on, under "catalog number," what "CF" refers to? Do 21 you know? 22 A I don't know what that means. 23 Q Okay. Reading your prior depositions, 24 would this statement be accurate, for example, if we 25 are looking at MSA aluminized asbestos gloves in the NETWORK DEPOSITION SERVICES 724-443-5730 57 1 1957 bulletin, the first glove that is listed, 2 asbestos glove listed, has a catalog number of 3 CF 36464, that Mine Safety would have a document that 4 would coincide with that number, that would be a 5 drawing? 6 A We may have an engineering spec on it, I 7 don't know. 8 Q Even though you, MSA, sold asbestos 9 gloves, they may have an engineering spec? 10 A We may have an engineering spec to 11 purchase -- that would have been used to purchase. 12 Q That glove? 13 A That glove, yes. 14 Q Would that spec identify who you purchased 15 the glove -- who MSA purchased the asbestos gloves 16 from? 17 A I don't know. 18 Q Do you know that which has been marked as 19 Exhibit No. 1, when did any of these documents 20 coincide with the aluminized asbestos glove I just 21 read? 22 A When you say "coincide," these documents 23 relate to coats and spats. 24 Q These drawings, even though the catalogs 25 refer to other products? NETWORK DEPOSITION SERVICES 724-443-5730 58 1 A Yes, the engineering drawings and 2 specifications are only coats and spats. 3 Q Would every catalog number have an 4 engineering spec? 5 A The intention was to have an engineering 6 spec, but that is not necessarily -- it may not be 7 available. 8 Q Okay. But you are saying that was the 9 plan, that for the catalog number there would be an 10 engineering spec? 11 A Well, today it is. The company has 12 changed its documentation procedures over the years 13 and early on it is possible that there was no 14 engineering specification for certain part numbers 15 that were sold. 16 Q Where are the engineering drawings 17 maintained today? 18 A They are maintained in our engineering 19 facility. 20 Q And where is that? 21 A Cranberry Township. 22 Q Where you are or somewhere else? 23 A No, that is not where I'm located. 24 Q Okay. The engineering department is in 25 Cranberry, or just the records are maintained there? NETWORK DEPOSITION SERVICES 724-443-5730 59 1 A Both. 2 Q And are there any business records, other 3 business records maintained in Cranberry, or is it 4 just engineering documents? 5 MR. LAMM: When you say "other business 6 records," again, it sounds very broad. Maybe you 7 could narrow it down to types of business 8 records. 9 Q Like sales records? 10 A Not for protective clothing sales records. 11 Q Are there any kind of sales records in 12 Cranberry? 13 A We have an instrument group with a sales 14 department in Cranberry in another building. 15 Q Okay. Okay. 16 A There may be sales records of instruments. 17 Q Understood. Would this be a fair 18 statement, Mr. Seibel, that you personally in the work 19 that you performed at MSA had no direct knowledge of 20 asbestos-containing protective clothing, the knowledge 21 you have today is a result of looking at documents 22 after a search is completed? 23 A I can say I had no knowledge as an 24 engineer. My knowledge was gained when I moved to the 25 law department and researched information. NETWORK DEPOSITION SERVICES 724-443-5730 60 1 Q And even as being a member of the law 2 department, when I would bring up certain articles of 3 clothing, you weren't sure because you need to look at 4 the catalogs or drawings that were available; would 5 that be fair? 6 A Yes, I would need to refer to the 7 documents that existed at that time. 8 Q So if I asked you, you know, "list the 9 types of asbestos gloves MSA sold," you couldn't do 10 that just sitting here today? 11 A I'd have to refer to catalogs. 12 Q You'd have to read the catalog to me? 13 A Yes. 14 Q Are you aware of someone who could talk 15 about asbestos protective clothing without referring 16 to a catalog, that they would have such a working 17 knowledge of the asbestos-containing protective 18 clothing that MSA manufactured or sold that they 19 wouldn't need to look at a catalog, they could talk 20 about it? 21 A No, I don't think so. 22 Q You are not familiar with anybody who 23 could do that? 24 A No. 25 Q You had mentioned the cut and sew NETWORK DEPOSITION SERVICES 724-443-5730 61 1 department , and there was a brief comment about the 2 cut and sew department, and that is where they, MSA, 3 made or assembled asbestos-containing protective 4 clothing? 5 A Yes. 6 Q Which they manufactured? 7 A Some clothing, yes. 8 Q And where was the cut and sew department, 9 what plant or what facility? 10 A It was at our Braddock Avenue plant, which 11 we don't use anymore, we have sold that plant. 12 Q Okay. And I'm going to show you, and we 13 will mark it as the next exhibit -- what is the next 14 exhibit? 15 MR. LAMM: I believe it is 8. 16 Q Let's mark it as Exhibit No. 8 and No. 9 17 (Thereupon, Plaintiff's Deposition Exhibit 18 Nos. 8 and 9 were marked for identification.) 19 A These are the Yellow Pages, the Pittsburgh 20 Yellow Pages for the year 1951 and 1965. I'm going to 21 hand a copy, also, to Dave Lamm, so he has those. 22 MR. LAMM: Thank you. 23 MS. SAVINIS: Sure. 24 Q On those documents both on 8 and 9, do you 25 see the reference to Mine Safety Appliance? Just take NETWORK DEPOSITION SERVICES 724-443-5730 62 1 a moment. There is reference to, on both the 1951 2 Yellow Page ad and 1965, to a facility at 201 North 3 Braddock Avenue, and that is the plant you are talking 4 about? 5 A Yes. 6 Q That was the plant that had the cut and 7 sew department that manufactured asbestos-containing 8 protective clothing? 9 A Yes, 201 North Braddock Avenue. 10 Q And today that plant no longer exists? 11 A Well, it is not MSA property anymore. 12 Q And when did MSA sell that property, if 13 you know? 14 A I don't recall exactly. 15 Q When did the plant cease to exist where 16 they were producing asbestos-containing protective 17 clothing? 18 A When did we stop selling asbestos- 19 containing -- 20 Q Manufacturing it at this North Braddock 21 plant. 22 A Well, in the years leading up to 1984 23 there was some change in product, certainly in 1984 we 24 had stopped any manufacturing that was being done on 25 asbestos-containing clothing. NETWORK DEPOSITION SERVICES 724-443-5730 63 1 Q Did the North Braddock Street facility 2 still exist in 1984 as an MSA plant? 3 A Yes. 4 Q But you are saying in 1984 the 5 North Braddock plant no longer was manufacturing 6 asbestos-containing protective clothing? 7 A In 1984 it was stopped, if there was any 8 being manufactured at that time. 9 Q Well, was there any being manufactured at 10 that time? 11 A I don't know. It would have to be 12 determined between what was purchased and what was 13 manufactured. 14 Q I'm talking about manufactured. 15 A I don't know specifically if we 16 manufactured asbestos clothing up to that point. 17 Q Up to 1984? 18 A 1984, when we stopped selling it. 19 Q Is that when MSA stopped selling asbestos- 20 containing protective clothing in 1984? 21 A That's when we stopped selling any items 22 that were in our line at that time that contained 23 asbestos, that were asbestos-containing heat 24 protective clothing. 25 Q And after '84 MSA did not sell asbestos- NETWORK DEPOSITION SERVICES 724-443-5730 64 1 containing protective clothing? 2 A That's correct. 3 Q Now, if you look on the 1951 ad, it is 4 noted, "Industry Safety Equipment Headquarters" and it 5 lists products, "Gas masks, Respirators, First-Aid 6 Materials, Protective Hats, Edison Electric Cap Lamps, 7 Gas Detecting Instruments and Safety Clothing"; do you 8 see that? 9 A Yes. 10 Q In 1951 do you have knowledge whether Mine 11 Safety Appliance was manufacturing asbestos-containing 12 protective clothing? 13 A Well, we weren't manufacturing asbestos- 14 containing clothing in 1951. 15 Q When did MSA first manufacture asbestos- 16 containing clothing? 17 A Well, the cut and sew department was 18 established or originated in 1959. 19 Q In 1951 was Mine Safety Appliance selling 20 asbestos-containing protective clothing? 21 A Yes. 22 Q Do you know the first year 23 Mine Safety Appliance began to sell articles of 24 asbestos-containing clothing? 25 A I don't know. The research I did started NETWORK DEPOSITION SERVICES 724-443-5730 65 1 in 1954. 2 Q My question is broader than that. Do you 3 know the first year that Mine Safety Appliance started 4 selling asbestos-containing protective clothing? 5 A I'm not sure. 6 Q You could research that, though? 7 A Yes. 8 Q The materials that are outlined in the 9 1951 ad that I just outlined, were all of those 10 products being manufactured or sold from the North 11 Braddock plant? 12 MR. LAMM: Is your question manufactured 13 or sold? I'm trying to be clear. 14 MS. SAVINIS: Let's do manufacturing 15 first. 16 A I believe so. I'm not certain of it. 17 Q So all of the products enumerated were 18 being manufactured at the North Braddock plant? 19 A I don't really know. 20 Q Okay. Well, then, better to tell me you 21 just don't know than give an answer that you later 22 have to say you stand by. 23 So you are not sure? 24 A I'm not certain. 25 Q Now, if you look in 1965, and I apologize, NETWORK DEPOSITION SERVICES 724-443-5730 66 1 the quality is not the best quality, the 1965 ad, 2 there is reference now to an industrial sales office 3 as 7517 Penn Avenue; do you see that? 4 A Yes. 5 Q And was Penn Avenue at that address just a 6 sales office or was that a plant, also, if you know? 7 A I don't know what that address is. 8 Q You are not familiar with that address? 9 A No. 10 Q In 1959 at the North Braddock Street 11 facility, when we talk about the North Braddock Street 12 facility, what community is that in? Is it in 13 Braddock? 14 A It is actually within the city limits, it 15 is within the City of Pittsburgh. 16 Q So you would call it the Pittsburgh plant? 17 How would you have referred to it as? 18 A It was known by the employees as the main 19 plant. 20 Q The main plant, but it was called 21 Pittsburgh, did you just say Pittsburgh? 22 A We said main plant. 23 Q Main plant? 24 A Everyone knew what that meant. 25 Q Okay. Did Mine Safety Appliance after NETWORK DEPOSITION SERVICES 724-443-5730 67 1 1959 manufacture asbestos-containing protective 2 clothing at any other facilities other than the North 3 Braddock Street main plant? 4 A No, no, I don't believe there was any 5 manufacturing of asbestos-containing clothing anywhere 6 other than the main plant, Braddock Avenue. 7 Q And when we talk about the cut and sew 8 department, there is only one cut and sew department 9 and that's at the main plant? 10 A Yes. 11 Q Sitting here today, do you know any other 12 products that were manufactured at the main plant? 13 A Well, when I started in 1977, some hard 14 hats were manufactured, portable and permanent 15 instruments were manufactured there, fall protection, 16 safety belts. 17 Q Safety belts? 18 A Well, fall protection, safety belts and 19 lanyards. 20 Q What did you say? 21 A Lanyards. 22 Q What is that? 23 A It is a fall protection item. 24 Q They were being manufactured at the main 25 plant in '77? NETWORK DEPOSITION SERVICES 724-443-5730 68 1 A Yes. 2 Q Okay. 3 A Some of the first-aid products. 4 Q What kind of first-aid products are we 5 talking about? 6 A Bandages, bandages, gauze, I don't recall. 7 Q Were masks or respirators ever 8 manufactured at the North Braddock Street main plant? 9 A Respirators were assembled, there was a 10 final assembly in later years at the main plant. 11 Q Okay. But they were not manufactured ever 12 there, respirators? 13 A Complete? 14 Q Yes. 15 A I don't know. Maybe in the early years, 16 but I'm not certain. 17 Q Okay. Did you ever go to the main plant 18 and see asbestos-containing clothing being 19 manufactured? 20 A I may have seen it and not known it. I 21 don't recall. 22 Q Was your office at that facility ever? 23 A Yes. 24 Q It was at that -- the main plant when you 25 first started? NETWORK DEPOSITION SERVICES 724-443-5730 69 1 A Yes. 2 Q And when -- when did it last serve as your 3 office, the main plant, was your office in that 4 facility? 5 A 1986, like in the spring of 1986, I moved 6 out of the main plant. 7 Q And why did you move out in the spring of 8 '86? 9 A The company built a facility in Cranberry 10 Township. 11 Q Okay. And did the main plant after you 12 left continue to function? 13 A Yes. 14 Q Okay. Now, I have learned that there was 15 an Allison Park facility; are you familiar with that 16 facility? 17 A Yes. 18 Q Was that a plant? 19 A Yes. It was a plant, it was also a 20 warehouse for finished goods. 21 Q Including asbestos protective clothing? 22 A Well, any finished good. 23 Q So it served as a warehouse? 24 A A warehouse for finished goods. 25 Q Were products ever manufactured there? NETWORK DEPOSITION SERVICES 724-443-5730 70 1 A Yes. 2 Q What products? 3 A At one time, final assembly of 4 respirators. 5 Q Anything else? 6 A I don't recall any other product being 7 manufactured at Allison Park. 8 Q If a customer wanted to buy some 9 asbestos-containing protective clothing, would it come 10 out of the main plant, be sold out of the main plant? 11 A No, whenever -- well, whenever Allison 12 Park existed, it was set up as a finished goods 13 storage facility. 14 Q So if people purchased asbestos-containing 15 protective clothing that MSA manufactured, it would 16 come out of Allison Park? 17 A When Allison Park existed. I don't know 18 the years that it existed. 19 Q Okay. It existed when you got there, in 20 '77 Allison Park existed? 21 A Yes. 22 Q Do you know if products were ever sold, 23 asbestos-containing protective clothing was ever sold 24 out of the main plant? 25 A I don't know. NETWORK DEPOSITION SERVICES 724-443-5730 71 1 Q What other plants existed for MSA in this 2 community ? 3 MR. LAMM: During what time frame? 4 Q Ever, that you know of. 5 A There is an Evans City plant. 6 Q And they manufactured respirators? 7 A They manufactured face piece assemblies. 8 Q Okay. Did they manufacture anything else 9 in Evans City ever that you are aware of? 10 A Yes, there are other products that they 11 have manufactured in the past. 12 Q What are they? 13 A Gas mask canisters, respirator cartridges, 14 air purifying respirator cartridges. 15 Q Anything else? 16 A Evans City was a chemical plant, so there 17 are chemicals that were manufactured, there were space 18 filters, large filters manufactured at Evans City. 19 Currently there is a rubber department 20 that manufactures face piece blanks, the face piece 21 blank for respirators. 22 Q Do you know how long that Evans City plant 23 existed? 24 A No, I don't. 25 Q Any other plants? NETWORK DEPOSITION SERVICES 724-443-5730 72 1 A There is a Murrysville plant. 2 Q How long has the Murrysville plant 3 existed? 4 A I think around 1977 is when we moved in. 5 Q And what do they manufacture in 6 Murrysville? 7 A Currently it is self-contained breathing 8 apparatus assemblies and components of those 9 assemblies . 10 Q Any other products since '77? 11 A Hard hats are manufactured at Murrysville, 12 and maybe components of respirators, metal components 13 of respirators that are manufactured in Murrysville. 14 Q Okay. Any other plants that you are aware 15 of, main Plant, Allison Park, which is technically a 16 warehouse you are saying, Evans City, Murrysville? 17 A Well, Allison Park, we no longer use that. 18 We have sold that property. 19 Q Okay. Any other -- 20 A Cranberry. 21 Q Is Cranberry a plant? 22 A It is a plant and an engineering facility. 23 Q Have they ever manufactured products at 24 Cranberry? 25 A Yes. NETWORK DEPOSITION SERVICES 724-443-5730 73 1 Q And how long has that plant existed? 2 A Since 1985. 3 Q Okay. And what do they manufacture there? 4 A Portable and permanent gas detection 5 instruments. 6 Q Okay. Any other plants, that you are 7 aware of? 8 A Not that I recall, no. 9 Q The documents that were exhibits to 10 another deposition, and we will mark this as 11 Plaintiff 's Exhibits 10 and 11, there was reference to 12 a catalog that was marked May of 1967 that talked 13 about 76 branch offices in the United States and there 14 was an MSA catalog eight years later, June of 1975, 15 talking about 25 branch offices. I want to show you 16 those and I will give Dave a copy, also. 17 (Thereupon, Plaintiff's Deposition Exhibit 18 Nos. 10 and 11 were marked for identification.) 19 Q I guess my first question is: Are you 20 familiar with any of the sales offices of MSA? 21 A I'm familiar with some of them. 22 Q Okay. Was there a specific sales office 23 locally from which asbestos-containing protective 24 clothing was sold out of? 25 A Well, the local office was the Allison NETWORK DEPOSITION SERVICES 724-443-5730 74 1 Park, was at Allison Park. 2 Q So that was not only a warehouse, but 3 there was a sales office out of there? 4 A Yes. 5 Q Okay. Are you familiar with any other 6 sales offices? 7 A Well, I know that there were a number of 8 sales offices in the past. 9 Q Okay. At the main plant was there ever a 10 sales office? 11 A I don't know. 12 Q Are you familiar with any salesmen that 13 sold asbestos-containing protective clothing? 14 A No, I can't name anyone. 15 Q Okay. Would there be records back at MSA 16 that would identify salesmen who would have sold 17 asbestos protective clothing? 18 A I don't know. 19 Q Do you know why there was such a decline 20 in the number of sales offices in that brief period of 21 time, from 75 sales offices, I think it says 75, 22 actually, it says 76 sales offices, to 25 branch 23 offices? 24 MR. LAMM: They both say "branch offices." 25 MS. SAVINIS: Branch, I apologize, branch NETWORK DEPOSITION SERVICES 724-443-5730 75 1 offices. 2 Q Do you know why there was such a decline? 3 A I don't know for certain. There was a 4 general decline in sales offices as the company moved 5 more to selling products to a distributor network. 6 Q Okay. And when did MSA move to that kind 7 of program, where they were selling more to 8 distributors versus the ultimate customer? 9 A I think that happened gradually, but it 10 was into the '90s when we attempted to become -- sell 11 exclusively, sell exclusively to distributors. 12 Q Do you know if MSA ever sold their 13 asbestos protective clothing to distributors? 14 A I don't know. 15 Q Do you see on these two catalogs, 10 and 16 11, how there is two different addresses, there is - 17 oh, excuse me. I stand corrected there. That's 18 another exhibit. 19 There is reference in some of the 20 documents to an address for Mine Safety Appliance at 21 400 Penn Center Boulevard, and then there is 600 Penn 22 Center Boulevard; are you familiar with those 23 addresses? 24 A Yes. 25 Q And where are theylocated? NETWORK DEPOSITION SERVICES 724-443-5730 76 1 A Monroeville. 2 Q And tell me about Monroeville, was that a 3 plant, a sales office? 4 A It was corporate headquarters. It was not 5 a plant. 6 Q And both addresses, 400 Penn Center and 7 600 Penn Center, were both in Monroeville and both 8 served as -- 9 A At different time periods. Initially the 10 headquarters were 400 Penn Center Boulevard, then they 11 moved to 600 Penn Center. 12 Q No manufacturing done at headquarters? 13 A No. 14 (Thereupon, Plaintiff's Deposition Exhibit 15 Nos . 12 and 13 were marked for identification.) 16 Q There was reference to some documents, and 17 we will just mark it, this is Exhibit No. 12, and this 18 was one once again provided as an exhibit to 19 transcripts that were given to me, and we will mark it 20 actually as Exhibits 12 and 13. 21 MS. SAVINIS: Dave, I apologize. You are 22 going to have to share them with the witness. 23 Q There is reference to some sales offices 24 there, and there is reference to a sales office at 210 25 Thomas Street here in Pittsburgh. Are you familiar NETWORK DEPOSITION SERVICES 724-443-5730 77 1 with that sales office? 2 A No, not specifically. 3 Q And if you look on exhibit, it looks like 4 12, there is reference to the headquarters office at 5 201 North Braddock Avenue. Was the headquarters at 6 one point in time considered the main plant? 7 A The headquarters was at the main plant at 8 one time before it moved to -- 9 Q Monroeville? 10 A Monroeville. 11 Q And there is reference here to the MSA 12 Research Corp at Evans City; was there a research 13 facility at Evans City? It says "Laboratory and 14 Plant." 15 MR. LAMM: It is on Exhibit 12 -- 13, 16 rather. 17 A That was part of the Evans City 18 operations. 19 Q What kind of research facility there? 20 What were they researching? 21 A I think it was special government projects 22 that they worked on. 23 Q At Evans City? 24 A At the MSA Research Corp. 25 Q Okay. Did MSA have branch offices in NETWORK DEPOSITION SERVICES 724-443-5730 78 1 Johnstown , Uniontown? Are you familiar with those 2 branch offices? 3 A No, I'm not. 4 Q And Philadelphia and Scranton, are you 5 familiar with any of those sales offices? 6 A I knew that there was a Philadelphia 7 office at one time. 8 Q Had you ever been to a sales office of 9 MSA? 10 A I was at the Allison Park office and I was 11 at the Salt Lake City, Utah office. 12 Q Okay. 13 A I don't recall any other offices that I 14 visited. 15 Q Did you know a man named William Hamilton? 16 A Yes. 17 Q Okay. And he was in charge of 18 manufacturing at the main plant; true, he was the 19 director of manufacturing? 20 A He was in charge of manufacturing. He may 21 very well have been at the main plant, I don't know. 22 Q Do you know if Mr. Hamilton is living 23 today? 24 A I don't know. 25 Q Did you ever personally have any dealings NETWORK DEPOSITION SERVICES 724-443-5730 79 1 with Mr. Hamilton? 2 A No. 3 Q Do you know a gentleman or did you know a 4 gentleman by the name of Andy Charalambous, and I'm 5 going to spell it for you, C-H-A-R-A-L-A-M-B-O-U-S? 6 A Yes, I believe it is pronounced 7 Charalambous. 8 Q Did he work at the main plant? 9 A I don't recall him being at the main 10 plant. 11 Q Do you know what he did for Mine Safety? 12 A To my knowledge, he was involved with 13 supervising buildings whenever we moved one operation 14 from one building to another, or expanded, he was 15 involved in the expansion plans. 16 Q How about do you know if he is alive 17 today? 18 A I don't think he is. 19 Q How about Mr. Guy, his initials would be 20 E.L. Guy, G-U-Y? 21 A It sounds familiar, but I don't know. I 22 don't know what he did. 23 Q How about Glen Filges, F-I-L-G-E-S? 24 A I don't know that name. 25 Q E.D. Kemble, K-E-M-B-L-E? NETWORK DEPOSITION SERVICES 724-443-5730 80 1 A I don't recognize that name. 2 Q And C.L. Albright, A-L-B-R-I-G-H-T? 3 A Yes. 4 Q Who is Mr. Albright? 5 A He was secretary and general counsel. 6 Q For? 7 A MSA. 8 Q Is he living today; do you know? 9 A No. 10 Q He is deceased? 11 A Yes. 12 Q You had mentioned that in 1959 that is 13 when MSA got in the business of manufacturing 14 asbestos- containing clothing, and I learned from 15 reading a prior deposition that MSA acquired another 16 company, the deposition transcript was very small 17 print so it was hard to read, but you think the name 18 of the company which MSA acquired was known as 19 B.F. McDonald, you are familiar with that company? 20 A Yes. 21 Q And is that correct, it is B period F 22 period McDonald? 23 A Yes. 24 Q And that would be spelled M-C not M-A-C? 25 A Yes. NETWORK DEPOSITION SERVICES 724-443-5730 81 1 Q Okay. And that was in 1959? 2 A Yes. 3 Q And do you know anything about the 4 business line of B.F. McDonald before 1959? 5 A They were a safety equipment manufacturer. 6 Q Were they local here in Pennsylvania or 7 were they outside of Pennsylvania? 8 A They were located in California. 9 Q Prior to purchasing that entity, did Mine 10 Safety Appliance purchase from B.F. McDonald asbestos- 11 containing clothing? 12 A I think some of our clothing came from 13 B.F. McDonald before 1959. 14 Q Asbestos clothing? 15 A I don't know. 16 Q Do you know what product line they sold? 17 Did they sell gloves or suits; do you know? 18 A They had clothing, I don't know 19 specifically what they -- 20 Q What specific articles? 21 A That is true, yes. 22 Q Okay. And are there documents at 23 Mine Safety Appliance that talk about the acquisition 24 of B.F. McDonald? 25 A I believe we have some documents on the NETWORK DEPOSITION SERVICES 724-443-5730 82 1 acquisition, yes. 2 Q Did B.F. McDonald, if you know, cease to 3 exist then? 4 A Yes, as far as I know, it did, yes. 5 Q The lawyer asked you did B.F. McDonald 6 sell Mine Safety Appliance their equipment, and it was 7 sort of questionable, did Mine Safety Appliance secure 8 B.F. McDonalds any equipment that they may have used 9 in manufacturing asbestos-containing protective 10 clothing? 11 A Well, I think the clothing manufacturing 12 facilities moved to Pittsburgh. 13 Q And where were they located? 14 A Well, that became the cut and sew 15 department in 1959. 16 Q I see. Did B.F. McDonald have property up 17 here before, you know, the main plant, the Braddock 18 Street facility? 19 A I don't know. 20 Q Maybe I'm just not following you. Are you 21 telling me that B.F. McDonald operated out of the 22 North Braddock Street address prior to Mine Safety 23 Appliance purchasing that entity? 24 A No, B.F. McDonald operated out of 25 California. NETWORK DEPOSITION SERVICES 724-443-5730 83 1 Q Okay. 2 A And when MSA purchased them, the clothing 3 department or the cut and sew operations were moved to 4 Pittsburgh and that became the Braddock Avenue cut and 5 sew department. 6 Q So any equipment, anything that was 7 utilized in manufacturing asbestos-containing clothing 8 was brought up here to Pittsburgh? 9 A That was needed for the cut and sew 10 department. 11 Q Okay. And Mine Safety Appliance never 12 utilized that name in any way or B.F McDonald wasn't 13 like a division or anything like that of MSA? 14 B.F. McDonald ceased to exist and became 15 part of MSA, was that true, or did you carry that name 16 for awhile? 17 A I don't believe we carried the name. 18 Q Did Mine Safety Appliance acquire any 19 other companies that were in the business of 20 manufacturing asbestos-containing products? 21 MR. LAMM: Again, I would, based upon our 22 instructions from the beginning - 23 MS. SAVINIS: Clothing. 24 MR. LAMM: Thank you, Janice. 25 A Not that I recall, no. NETWORK DEPOSITION SERVICES 724-443-5730 84 1 Q Now, are you familiar with whether any 2 B.F. McDonald employees became employees of Mine 3 Safety Appliance? 4 A I think there were some, but I don't know 5 who they were. 6 Q Now, when Mine Safety Appliance 7 would purchase, not manufacture, someone else's 8 asbestos clothing, whether you are talking about spats 9 or gloves, would that article of clothing, 10 asbestos-containing clothing, bear the name MSA on it? 11 A I think if we required the supplier to put 12 MSA on it, that was done. If we didn't require it, 13 then it wasn't done. 14 Q Did Mine Safety require manufacturers to 15 put their name on the article of clothing, asbestos- 16 containing clothing? 17 MR. LAMM: What time period are you 18 talking about? 19 Q Ever. 20 A We did require some labeling of gloves, as 21 I recall. 22 Q Do you know if every pair of asbestos 23 gloves that were purchased by MSA to sell to others 24 had MSA on them? 25 A We came out with a spec or a requirement NETWORK DEPOSITION SERVICES 724-443-5730 85 1 to label asbestos-containing gloves with the MSA logo. 2 Q Do you know if it applied to any other 3 articles of asbestos protective clothing beyond 4 gloves? 5 A I don't believe that requirement was for 6 other products. 7 Q Do you know if other products had any 8 labeling on them, MSA labeling on them? 9 A I don't know. It may be indicated in the 10 catalog pages that I provided today. 11 Q Okay. You signed an affidavit in another 12 case that I have, and I'm going to show you your 13 affidavit because it is a very recent affidavit, it is 14 in the case of Albert McElhone. It deals with 15 protective clothing. And I think this will be marked 16 as Exhibit No. 14. 17 And in that very short affidavit 18 you identify yourself in the first sentence and 19 second sentence, you say, "At no time has Mine 20 Safety Appliance Company ever manufactured, 21 distributed, or sold any gloves on which the words 22 'Mine Safety Appliance' appeared," and you signed 23 this September 29th, 2005. Do you recall signing 24 this? 25 A Yes. NETWORK DEPOSITION SERVICES 724-443-5730 86 1 (Thereupon, Deposition Exhibit No. 14 was 2 marked for identification.) 3 Q You are saying, your testimony is there 4 was a spec that required the MSA label to be on there, 5 MSA and not the -- the gloves never had the word "Mine 6 Safety Appliance" on them? 7 A That's correct. 8 Q How do you know that? 9 A Well, Ireviewed the spec, for one thing, 10 and I also reviewed catalogs which depict photographs 11 of the gloves we sold. 12 Q Now, you have, myunderstanding from 13 reading your prior transcripts, Mine Safety 14 Appliance's first catalog that they still have 15 possession of is dated 1919; that's what you testified 16 to? 17 A Okay. 18 Q And do you know, did youlookthrough 19 every single catalog to see how gloves were - 20 asbestos gloves were labeled? 21 A Yes, I did. 22 Q From the very first glove? 23 A I don't know if I looked at a 1919 24 catalog, but I looked at all the catalogs we had. 25 Q So that's the source of your information, NETWORK DEPOSITION SERVICES 724-443-5730 87 1 the catalogs, and you are telling me there is a spec 2 that said the gloves had to be marked MSA? 3 A Yes. 4 Q But you can't, sitting here today, tell me 5 the date of that spec, or if you can give me a general 6 era, like '50s, '60s, when? 7 A That is something that escaped my memory. 8 I knew it probably yesterday, but I can't remember the 9 date. 10 Q Did you talk to anybody about this, any 11 employees , or is this affidavit based on a spec and 12 your review of catalogs? 13 A Spec and my review of catalogs. 14 Q And that's it? 15 A Yes. 16 Q Okay. Do you know if Mine Safety 17 Appliance ever sold, manufactured or sold any clothing 18 with asbestos that was marked "Mine Safety Appliance"? 19 A I think you asked that question. 20 Q And you are saying you don't -- if I did, 21 I apologize. What's your answer? 22 A We didn't label asbestos-containing 23 gloves. 24 Q I'm talking about clothing, any article of 25 clothing, are you telling me that Mine Safety NETWORK DEPOSITION SERVICES 724-443-5730 88 1 Appliance never manufactured or sold an article of 2 asbestos-containing clothing, not just gloves, that 3 had the designation on it "Mine Safety Appliance"? 4 A I don't know. 5 Q You had previously in other transcripts 6 identified a facility in Wampum, Pennsylvania, which 7 is in Lawrence County. Did Mine Safety Appliance have 8 a facility in Wampum, PA? 9 A I think it was a storage facility. 10 Q Sort of like the Allison Park or a little 11 bit different? 12 A It wasn't finished goods as Allison Park 13 was. 14 Q What was stored in Wampum? 15 A I don't recall. 16 Q Okay. And you also testified that, you 17 know, that there was a company, and I don't know if 18 Mine Safety acquired it or if it is a subsidiary, it 19 is known as Catalyst Research, are you familiar with 20 that company? 21 A I recognize it as a company that I believe 22 it was a subsidiary. 23 Q Do you know anything about the nature of 24 their business line? 25 A They manufacture batteries. NETWORK DEPOSITION SERVICES 724-443-5730 89 1 Q Anything else? 2 A As far as I recall. 3 Q And how about a company known as Baseline, 4 are you familiar with that company? 5 A Yes. 6 Q And are they -- is that a company that MSA 7 acquired or is it a subsidiary; what is it? 8 A It may have been a subsidiary when we 9 acquired it, I don't know how it was held, but they 10 were a manufacturer of instruments. 11 Q And MSA has entities abroad, like in 12 France, Italy, Canada; is that true? 13 A Yes. 14 Q But I'm to understand your testimony that 15 any testimony about asbestos-containing clothing 16 manufactured by MSA could only come out of the main 17 plant on North Braddock Avenue in Pittsburgh, that's 18 it, there are no other facilities in the U.S. or 19 abroad that manufactured asbestos-containing clothing, 20 where MSA manufactured asbestos-containing clothing? 21 A I am not familiar with the operations 22 overseas . 23 Q How about limited to the United States, 24 there is no other facility that MSA opened and/or 25 operated that manufactured asbestos-containing NETWORK DEPOSITION SERVICES 724-443-5730 90 1 clothing other than the main plant on North Braddock 2 Avenue, and they - 3 A Yes, that's the only place that we 4 manufactured asbestos-containing clothing. 5 Q And that was from '59, when they acquired 6 B.F. McDonald, until 1984? 7 A Well, 1984 we stopped selling. o CO One of these transcripts I think, I know 9 you testified, if you need me to show you it, I will, 10 you stated that at the legal department or law 11 department in MSA there is a pair of asbestos gloves; 12 do you remember that testimony? 13 A I don't remember that. 14 Q Do you remember that, forget about the 15 testimony, do you believe MSA has a pair of asbestos 16 gloves in the legal department? 17 A I believe we have a pair of asbestos 18 gloves. 19 Q One pair? 20 A Actually, for some reason I think it is 21 two rights or two lefts, I can't recall it. 22 Q Do you know what year those gloves were 23 manufactured, even though MSA never manufactured 24 gloves, do you know what year they were manufactured? 25 A No, I don't know. NETWORK DEPOSITION SERVICES 724-443-5730 91 1 Q Do you know who manufactured those gloves? 2 A I don't recall. 3 Q Do they have the letters "MSA" on them? 4 A It has a label MSA, yes. 5 Q That spec, did it say where the MSA label 6 or designation had to be put on the glove? 7 A It said on the palm side of the glove. 8 Q Okay. 9 VIDEO OPERATOR: We are going off the 10 record. The time is 12:15. 11 (Recess taken.) 12 VIDEO OPERATOR: We are going back on the 13 record. The time is 12:24. 14 BY MS. SAVINIS: 15 Q Mr. Seibel, would this be an accurate 16 statement, Mine Safety Appliance sold asbestos- 17 containing gloves in the 1940s? 18 A I think there are some in our catalog in 19 the 1940s. 20 Q Would this be accurate, Mine Safety 21 Appliance sold asbestos-containing gloves in 1948? 22 A I don't recall specifically. 23 Q How about Mine Safety Appliance selling 24 asbestos-containing gloves in 1949? 25 A I don't recall the specific year. NETWORK DEPOSITION SERVICES 724-443-5730 92 1 Q Did Mine Safety Appliance sell asbestos- 2 containing gloves in 1950? 3 A I believe there are some in our catalog, 4 I'm not certain. The documents provided are from '54 5 to '84. 6 Q Can you speak to the years 1951, 1952? 7 A I'd have to look at those catalogs. 8 Q Is there a Mine Safety Appliance catalog 9 for every year? 10 A Not that we have today. 11 Q How far -- do you have a list of the ones 12 that are missing? 13 A I don't think we have a list of the 14 missing catalogs. 15 Q Where are those catalogs kept? 16 A In the law department. 17 Q Is there a separate catalog for protective 18 clothing? 19 A Most of the catalogs for the earlier years 20 are bound and have all the products combined. 21 Q Okay. 22 A In later years there were different 23 sections, but still, the catalog was, even though it 24 was a three-ring binder type of catalog, contained all 25 the products. NETWORK DEPOSITION SERVICES 724-443-5730 93 1 Q I had, when I started this deposition, one 2 of the exhibits that might have been like the second 3 exhibit was that letter that I wrote to a lawyer at 4 Mr. Lamm's office requesting that they produce a 5 witness that can answer those questions, and one of 6 the questions was dealing with U.S. Steel because 7 Mr. Hanks had worked at U.S. Steel asking, you know, 8 asking to produce a witness that can talk about the 9 asbestos-containing products that may have been sold 10 to U.S. Steel, and in the past, and in another 11 mesothelioma case, I had secured some documents from 12 U.S. Steel, and I'm going to have, at least a few of 13 those documents, marked collectively here as Exhibit 14 No. 15. 15 MR. LAMM: This is from the Irvin Works? 16 MS. SAVINIS: Correct. 17 MR. LAMM: Mr. Hanks worked at the 18 Duquesne works; correct? 19 MS. SAVINIS: Correct. 20 MR. LAMM: Okay. 21 (Thereupon, Plaintiff's Deposition Exhibit 22 No. 15 was marked for identification.) 23 BY MS. SAVINIS: 24 Q On page 1 there, it is a Mine Safety 25 Appliance -- would you call this an invoice? How NETWORK DEPOSITION SERVICES 724-443-5730 94 1 would you categorize this record, if you know? 2 A I don't know. It looks like an invoice 3 indicating the -- it says "pay this amount" so it 4 appears to be an invoice. 5 Q If you look at the second product it is 6 noted "Trousers," do you :see "trousers"? 7 A Yes. 8 Q With a catalog No. 36475; do you see that? 9 A Yes. 10 Q And I went and I found, and we will mark 11 this Exhibit 16, the Mine Safety Appliance catalog 12 from 1975, and if you open it up, under that catalog 13 number for 36475 it falls under the heading 14 "aluminized asbestos trousers"; correct? 15 A Yes. 16 (Thereupon, Plaintiff's Deposition Exhibit 17 No. 16 was marked for identification.) 18 Q So do you know if that was how Mine Safety 19 maintained their invoices or sales document, they 20 would list the actual catalog number? 21 A Yes, we would identify the part number 22 that was sold. 23 Q So if I find Mine Safety Appliance 24 invoices, I could attempt, at least -- there may be 25 some missing catalogs -- to try to go back and track NETWORK DEPOSITION SERVICES 724-443-5730 95 1 down that catalog for that specific product? 2 A By part number, yes. 3 Q By part number; okay. Soeventhough on 4 this invoice it doesn't say "asbestos trousers," you 5 can go to a catalog that traces it back to establish 6 whether those trousers contained asbestos or not? 7 A Not necessarily. It depends on, although 8 we have a catalog from 19 -- pages from 1975, I'm not 9 sure when the invoice was -- there is a stamp on it, 10 it appears that this is our stamp dated January 17, 11 1974. As long as products -- products can change. 12 All I wanted to do was make a point that products can 13 change. 14 Q Okay. 15 A And just because in one catalog it may say 16 "asbestos" doesn't mean it is asbestos, depending on 17 when it is purchased. 18 Q So I could ask you to, "Please, 19 Mr. Seibel, go to the '74 catalog," to determine if 20 trousers with the catalog No. 36475 were the 21 aluminized asbestos trousers; is that true? 22 A Yes, we could match the invoice to the 23 available catalog at that time based on the catalogs 24 that we have. 25 Q Okay. And you see on that first, I'm NETWORK DEPOSITION SERVICES 724-443-5730 96 1 going to call it "invoice" unless you want me to call 2 it something else, under "Salesman," "MSA Salesman" 3 "W.G. Gompers," G-O-M-P-E-R-S; did you know that 4 gentleman? 5 A I don't recognize the name. 6 Q Okay. If you look at the top of the page 7 there is a department number, it is 4173129801; do you 8 know what the significance of that is? 9 A No, I don't recognize that department 10 number. 11 Q Now, the third product on the sheet refers 12 to a "Cool Flo HLCC, asbestos, lift"; what is that, do 13 you know? 14 A Not specifically, no. 15 Q We would have to attempt to trace the 16 catalog number? 17 A Yes. 18 Q Do you know what these -- the first number 19 designation, what that signifies before the catalog 20 number? It looks like it is either 13 or 15; do you 21 know what that is? 22 A I believe that is the product group. 23 Q Okay. And there were -- what was the 24 protective clothing product number? 25 A 13. NETWORK DEPOSITION SERVICES 724-443-5730 97 1 Q And was that -- I saw in one transcript 2 that there was reference to head protection, safety 3 belts, and protective clothing; was that designated 4 for 13? 5 A The safety belts and the clothing were 13. 6 Head protection was a different product group. 7 Q Okay. So even though it is light, these 8 products , at least the trousers and the asbestos 9 sleeve, would fall under the product No. 13? 10 A Yes. 11 Q What did you call it again, product? 12 A Product group. 13 Q Do you have an index or some kind of 14 document that you could have back at your office or at 15 the business records of MSA that list these numbers, 16 like 13 equals protective clothing and -- or you just 17 know those off the top of your head? 18 A I have kind of -- I kind of know them off 19 the top of my head. I don't know if we have a 20 document that lists them. 21 Q Okay. Now, do you know how this -- the 22 customer order number, do you know -- can you speak to 23 that? 24 A No, I'm not -- I know there are customer 25 order numbers, but beyond that, I'm not familiar with NETWORK DEPOSITION SERVICES 724-443-5730 98 1 them. 2 Q How about this designation in the 3 right-hand corner "MSA Order No."? 4 A I'm not familiar with that information. 5 Q Does MSA have such documents in their 6 possession, like the one I'm showing you here, Exhibit 7 15, these types of invoices where they are selling 8 asbestos products to United States Steel? 9 A No, no, our sales records are current plus 10 the past ten years. 11 Q And that's what you answered in the Hanks 12 discovery when I asked, "Did you make any sales to the 13 U.S. Steel site where Mr. Hanks worked?" The answer 14 was "Our documents don't go back that far"? 15 A That's correct. 16 Q And that's what you would answer in all 17 interrogatories, they only go back a limited time 18 period, ten years did you say? 19 A Current plus ten past years. 20 Q Okay. If you would be so kind to flip to 21 the second document, which is another invoice from 22 U.S. Steel, the salesman this time is identified as 23 E.J. Condle, C-O-N-D-L-E; do you know him? 24 A I recognize the name, but I don't know 25 him. NETWORK DEPOSITION SERVICES 724-443-5730 99 1 Q If a person collects a pension from Mine 2 Safety Appliance today, you could get, provide, or 3 somebody from Mine Safety Appliance could provide me 4 with their address if they are receiving a pension? 5 A Conceivably we would have the address on 6 file if they were receiving a pension. 7 Q What is this product referenced in this 8 invoice, an optical bench? 9 A An optical bench is a permanent 10 instrument, it is a component of a permanent 11 instrument product. 12 Q What is a permanent instrument product, 13 what kind of instrument? 14 A A gas detection instrument. 15 Q Okay. In that yellow page ad, just if I 16 could digress for a moment, there was reference to 17 heat-treating, was Mine Safety Appliance in the 18 business of selling something to do with heat- 19 treating; do you know? 20 A Not that I recall, no. 21 Q Now, you are telling me that you were not 22 familiar with any of these department numbers because 23 on some of these invoices the department number 24 changes, that is not familiar to you? 25 A No, I don't recognize those numbers. I do NETWORK DEPOSITION SERVICES 724-443-5730 100 1 understand that departments had numbers, but I don't 2 recognize this number as anything. 3 Q What is the "07," what is that product 4 line? 5 A That is the product group for permanent 6 gas detection instruments. 7 Q Okay. The next document, the third 8 invoice, is that for what type of product, if you 9 know? 10 A It is a hard hat. 11 Q It is a hard hat? 12 A Yes. 13 Q There is reference further on to "cool 14 band," what are cool bands, if you know? 15 A I don't know. 16 Q What would be the product designation 17 "06"? 18 A Head protection. 19 Q Head protection. Do you have any 20 knowledge based on any of your document reviews 21 whether Mine Safety Appliance sold asbestos-containing 22 products to U.S. Steel? 23 A I don't know. 24 Q So if an individual comes forward and 25 states that he worked at U.S. Steel, like Mr. Hanks, NETWORK DEPOSITION SERVICES 724-443-5730 101 1 and he testifies that he was exposed to a Mine Safety 2 asbestos-containing product, in this case you saw the 3 spats and the coats, can Mine Safety Appliance during 4 the time frame that you indicated that you looked for 5 the documents come forward with any documents to show 6 that no sales were made to that site? 7 A Our sales records go back to 1996, current 8 plus ten past years, so those are the records that we 9 would have. 10 Q The asbestos-containing protective 11 clothing that Mine Safety manufactured, do you know if 12 that could be used in steel production facilities? 13 MR. LAMM: Are you talking about the 14 coats? 15 MS. SAVINIS: And spats. 16 MR. LAMM: They didn't make spats. 17 MS. SAVINIS: I'm sorry, coats. 18 MR. LAMM: As far as I know. 19 A The coats provided heat protection so 20 where that, you know, industries that needed heat 21 protection, they could conceivably use that product. 22 Q Do you know if Mine Safety Appliance 23 advertised any asbestos protective clothing to the 24 steel industry? 25 A Not that I know of. NETWORK DEPOSITION SERVICES 724-443-5730 102 1 Q Do you know what kind of asbestos fiber 2 was used in the asbestos-containing protective 3 clothing that MSA manufactured? 4 A No, I don't. 5 Q How about in the asbestos-containing 6 clothing that it sold? 7 A I don't know. 8 Q Did MSA ever warn any individual that 9 purchasec their asbestos-containing protective 10 clothing of any of the hazards linked with asbestos? 11 Was there any warning? 12 MR. LAMM: Object to the form of that 13 question because, again, we don't know the 14 conditions and you are assuming that there is a 15 hazard with respect to these particular items. 16 If you can answer, go ahead. 17 A I'm not aware of any warnings for the 18 hazards of asbestos. 19 Q On the protective clothing, on the 20 asbestos protective clothing? 21 A That's correct. 22 Q Did Mine Safety Appliance ever test any of 23 their asbestos-containing clothing, whether they 24 manufactured it or products that they sold, did they 25 ever test it in any way to see if fibers are released NETWORK DEPOSITION SERVICES 724-443-5730 103 1 when the clothing is used? 2 A I don't recall any tests. 3 Q People that worked in the cut and sew 4 department, actually manufacturing asbestos-containing 5 protective clothing for Mine Safety Appliance, did 6 they wear any masks or respirators in the production 7 process? 8 A I believe it was on a voluntary basis, 9 however, we, as required by OSHA, we monitored that 10 area and all of the results were within the OSHA 11 limits, so no protection was required. 12 Q How about prior to the existence of OSHA, 13 you said the early '70s, did employees engaged in the 14 process of manufacturing asbestos-containing clothing 15 in the cut and sew department wear any kind of 16 respiratory protection? 17 A I don't know. I don't believe it was 18 required. 19 Q Do you know, when you talk about cut and 20 sew, what they were, quote, cutting with, the asbestos 21 fabric material? 22 A You mean what equipment, some type of 23 knife or blade or - 24 Q Yeah, like what were they, quote, cutting 25 with? NETWORK DEPOSITION SERVICES 724-443-5730 104 1 A I'm not sure exactly. It was some 2 scissors or knife, I really don't know. 3 Q So when you say "scissors or knife," that 4 is just a guess on your part? Are you saying, "I 5 believe it was a scissors or knife"? 6 A No, I don't know. 7 Q Okay. Was there any ventilation in the 8 area in which they were manufacturing the asbestos- 9 containing clothing; fans, you know, dust control 10 devices? 11 MR. LAMM: I would just object to the 12 relevance of this. You are talking about the 13 manufacturing facility, where the issues in this 14 case have to deal with the Duquesne Works. 15 MS. SAVINIS: The issues are hazards of 16 asbestos, Dave. 17 MR. LAMM: I would just note my objection 18 for the record. 19 MS. SAVINIS: Sure. 20 A I don't know. 21 Q Did OSHA ever come in and do any air 22 sampling in the cut and sew department at the main 23 plant? 24 A I don't know if OSHA sampled. I know 25 sampling was done, but I don't know if OSHA did it NETWORK DEPOSITION SERVICES 724-443-5730 105 1 themselves. 2 Q Do you know how many -- when you say "I 3 know sampling was done," did Mine Safety do some air 4 sampling? 5 A I don't know if it was us that sampled it 6 or we contracted with someone to come in and perform 7 the sampling. 8 Q Do you know when that sampling was first 9 done? 10 A I don't know specifically. I can only 11 suggest that it would have been as required by OSHA. 12 Q How many employees were actually engaged 13 in the manufacturing of asbestos-containing protective 14 clothing? 15 A I don't know. 16 Q Were those individuals who engaged in that 17 manufacturing process, were they given chest x-rays or 18 breathing studies? 19 A I don't know. 20 Q Do you know if there are any workers' 21 compensation claims against Mine Safety Appliance for 22 any asbestos-related diseases? 23 A I don't know of any. 24 Q Would you be -- are you in charge of 25 workers' comp? NETWORK DEPOSITION SERVICES 724-443-5730 106 1 A No. 2 Q Who is? I'm assuming somebody within 3 legal oversees potential workers' comp claims? 4 A Our risk manager. 5 Q And who is that? 6 A His name is William Berner. 7 Q I'm assuming he would have knowledge of 8 asbestos claims if they exist? 9 A Workers' compensation claims, yes. 10 Q Had you been asked to research that 11 before? 12 A Not that I recall. 13 Q Did Mine Safety Appliance manufacture 14 respirators that could be used to protect a person 15 from asbestos exposure? 16 A We did manufacture respirators and 17 continue to manufacture respirators today to protect 18 against asbestos exposure inhalation. 19 Q Do you know, Mr. Seibel, the first year, 20 or generally give me an idea when Mine Safety 21 Appliance first manufactured some type of respiratory 22 protection for asbestos that could be used to protect 23 a person against asbestos dust? 24 A I think we had respirators back in the 25 '40s that were intended for respiratory protection NETWORK DEPOSITION SERVICES 724-443-5730 107 1 against asbestos. 2 Q So if Mine Safety was in the business of 3 manufacturing respirators in the '40s that were used 4 for asbestos, did Mine Safety Appliance at that time 5 know that it wasn't good to breath asbestos? 6 A Well, it was an approval that the Bureau 7 of mines issued and it was part of the approval 8 granted for protection against dust. 9 Q Including asbestos? 10 A Including asbestos. 11 Q When people who worked in the cut and sew 12 department, when they would go home at the end of the 13 day, did they wear their street clothing or did Mine 14 Safety Appliance provide them with the uniform? 15 A I don't know. 16 Q Do you know if the people at any Mine 17 Safety Appliance plant wore a uniform? 18 A I don't recall any uniforms. 19 Q Did Mine Safety Appliance, at any of their 20 plants, employ people that were like craftsmen, 21 carpenters, plumbers, pipe fitters? 22 A No, although I don't necessarily 23 understand your question. Certainly they were 24 knowledgeable of the trade that they were performing 25 for the company. NETWORK DEPOSITION SERVICES 724-443-5730 108 1 Q Like did Mine Safety have a maintenance 2 department to do pipe fitting work or plumbing work or 3 carpentry work? 4 MR. LAMM: Again, I would just note my 5 objection on relevance. We are getting a bit far 6 afield here. 7 A I don't know specifically. 8 Q Do you know, Mr. Seibel, if any other 9 individual beyond yourself testified in regard to Mine 10 Safety Appliance and asbestos as a corporate rep or as 11 a former employee? 12 MR. LAMM: Again, I assume you mean that 13 in the context of the protective clothing. 14 MS. SAVINIS: I'm talking about asbestos 15 in general. You are going to voice an objection, 16 I assume. 17 MR. LAMM: This deposition, based upon the 18 allegations of your client, Mr. Hanks, that he 19 wore spats and protective coats, is limited to 20 that, and we asked Mr. Seibel to prepare to 21 respond to that so, yes, I would limit it in that 22 fashion as we've been limiting this entire 23 deposition, and I have given you some latitude in 24 other areas, but I would limit that question to 25 protective clothing. NETWORK DEPOSITION SERVICES 724-443-5730 109 1 A Can you repeat that? 2 Q Absolutely. I mean, you have told us that 3 you have testified a number of times, and obviously 4 some of those times it was in regard to asbestos 5 cases. Are you aware if any other individual for MSA 6 testified in regard to asbestos protective clothing or 7 you are it? Every time somebody calls for a witness 8 on asbestos protective clothing, you are the man that 9 is produced? 10 A I don't know of any other employee that 11 has testified on asbestos-containing clothing. 12 Q Now, are you familiar with any part of the 13 scope of this deposition as trade associations, and 14 you and I talked a little bit about the IHF, Air 15 Hygiene, which is the same thing, are you aware of 16 whether or not the Mine Safety Appliance was a member 17 of the National Safety Council? 18 A I don't know. 19 Q Are you familiar with the trade 20 organizations in which Mine Safety Appliance was a 21 member? 22 A I'm familiar with a couple. 23 Q And which ones are you familiar with? 24 A The AIHA, American Industrial Hygiene 25 Association, and the ISEA, the Industrial Safety NETWORK DEPOSITION SERVICES 724-443-5730 110 1 Equipment Association. 2 Q When did Mine Safety Appliance hire their 3 first industrial hygienist? 4 A I don't know. 5 Q Did Mine Safety Appliance have somebody in 6 a medical director position? 7 A Not specifically. We have had medical 8 personnel for the workers, the manufacturing workers. 9 Q Okay. And are you familiar with any of 10 those individuals? 11 A Yes. 12 Q And can you identify them for me? 13 A There was a Dr. Frank Bauer, and he is the 14 only name I'm familiar with. 15 Q Do you know, was Dr. Bauer an employee of 16 Mine Safety, or he was there as an independent 17 contractor or examined people as an independent 18 contractor? 19 A You know, I don't know. He may have been 20 an employee, he may not have been. 21 Q You had testified, you were asked a 22 question in a 1992 depo, "How many employees does Mine 23 Safety have today?" And you said, "I guess about 24 6,000 employees." When you first started in 1977, how 25 many MSA employees back then? NETWORK DEPOSITION SERVICES 724-443-5730 111 1 A I don't know. 2 Q Do you know how many MSA employees there 3 are today? 4 A I believe there is less than 6,000. 5 Q How many other states do you operate out 6 of, beyond Pennsylvania, MSA? 7 MR. LAMM: What do you mean by "operate 8 out of"? 9 Q Do you have any manufacturing facilities 10 in the U.S , other than in Pennsylvania? 11 A Yes. 12 Q Where do you have manufacturing 13 facilities? 14 A North Carolina, Colorado, we have 15 manufacturing in Vermont, we have manufacturing in 16 Kentucky, that's current. 17 Q And MSA is publicly traded? 18 A Yes. 19 Q When MSA was manufacturing asbestos- 20 containing clothing, what division was that under? 21 A Well, we weren't really established. We 22 didn't have established divisions at that time. 23 Q Okay. Did it fall under a certain group 24 or how did protective clothing fall, if you could tell 25 me how the company was divided, by products or -- NETWORK DEPOSITION SERVICES 724-443-5730 112 1 A Pretty much it was within the safety 2 products group of products. 3 Q Okay. You can't tell me anything beyond 4 that? 5 A Well, there is personal protective 6 equipment , it was in that group. As I mentioned 7 before, there were instruments, there was a chemical 8 division, so it was within the safety products group 9 of products. 10 Q The gentleman that you previously 11 identified in a deposition as the individual who was 12 the supervisor of protective clothing was a gentleman 13 by the name of Mike Theodore? 14 A He was an engineering supervisor. 15 Q Is he living today; do you know? 16 A Yes. 17 Q How about the gentleman who was the 18 designer of clothing, Bill Hess, is he living today? 19 A I don't know. 20 Q Is Mr. Theodore -- he is no longer 21 employed by MSA? 22 A No. 23 Q Do you know if he -- 24 A He retired. 25 Q Do you know if he resides in our NETWORK DEPOSITION SERVICES 724-443-5730 113 1 community, Pennsylvania, you know, nearby? 2 A He lives in the Pittsburgh area. 3 Q How about Silvia Davis from purchasing? 4 A I don't know. 5 Q If she's alive? 6 A I don't know whether she is alive or if 7 she is, whether she lives in the Pittsburgh area. 8 Q Do you know if any representatives of MSA 9 ever went to any of the manufacturing facilities where 10 the asbestos cloth was being actually manufactured, 11 that they used? 12 A I don't know. 13 MS. SAVINIS: Off the record for a second. 14 VIDEO OPERATOR: We are going off the 15 record. The time is 12:56. 16 (Recess taken.) 17 VIDEO OPERATOR: We are going back on the 18 record. The time is 12:57. 19 BY MS. SAVINIS: 20 Q Going back, Mr. Seibel, to the Industrial 21 Health Foundation, do you know if the -- if MSA ever 22 requested any industrial hygiene surveys by the IHF? 23 A I don't know. 24 Q Do you know if they requested any medical 25 surveys from the IHF? NETWORK DEPOSITION SERVICES 724-443-5730 114 1 A No, I don't know. 2 Q The IHF had a toxicology lab and pathology 3 lab, do you know if MSA ever made use of those labs, 4 consulted those specific labs? 5 A No, I don't. 6 Q Do you know what class membership that I 7 -- that MSA had with the IHF? There is different 8 classes based on the number of employees, class 1 9 through class 7. 10 A No, I don't know. 11 Q The asbestos-containing clothing that was 12 manufactured and sold by MSA, it was not just 13 aluminized clothing; is that true? 14 A I think all of the documents indicating 15 the products that we manufactured, the coats, those 16 are aluminized. 17 Q So is this fair: During the time period 18 that you have identified, which is I think you said 19 from '54 -- Dave, what's the years? 20 MR. WISE: '59, when they started to 21 manufacture. 22 Q The years for the search was for what 23 years, Mr. Seibel? 24 MR. LAMM: I believe it was 1955 to 1984; 25 is that correct? NETWORK DEPOSITION SERVICES 724-443-5730 115 1 THE WITNESS: 1954 to 1984. 2 MR. LAMM: All right. 3 Q So if we take, that's a 30-year time 4 period, and as counsel noted correct, from 1959 when 5 MSA got in the business of manufacturing asbestos 6 protective clothing up until that 1984 time frame, 7 were the coats always aluminized coats, that was it, 8 no other, it was all aluminized? 9 A I believe so, yes. 10 Q As far as the coats, there were no other 11 coats that were manufactured by MSA with asbestos 12 other than aluminized coats? 13 A I believe so, yes. 14 Q Beyond the coats -- I guess it is a little 15 bit confusing to me because you are not able to give 16 me -- I asked you about these asbestos suits, you 17 can't -- can you identify for me any other article of 18 asbestos protective clothing that was manufactured by 19 MSA? 20 A Not offhand. As I mentioned, I have 21 documents here indicating - 22 Q Can you look at them and tell me what 23 other products were manufactured? What do you need to 24 look at? 25 A I'd have to know if there were NETWORK DEPOSITION SERVICES 724-443-5730 116 1 manufacturing drawings, engineering drawings which 2 would indicate that we manufactured it versus a spec 3 that we purchased from. 4 Q Can you look at these drawings and tell me 5 what you manufactured? 6 A Yes, but this indicates coats and spats. 7 Q And you are saying the spats were never 8 manufactured by the defendant? 9 A The spats were a purchasedproduct. 10 Q Unlike the coats? 11 A Unlike the coats, yes. 12 Q Are you telling me from '59 to '84, if a 13 coat is identified, that it had to have been 14 manufactured by MSA, that they would not have 15 purchased coats from others during this time frame, 16 from '59 to '84? 17 A I'd have to look at the documents. 18 MR. LAMM: Janice, just to clarify 19 something for the record, on your question about 20 the coats, taking another look at the catalog, 21 you can see that there is an asbestos coat and it 22 says, "Also available in aluminized," so it 23 appears that there was aluminized and not 24 aluminized sold, and I want to make that clear 25 for the record. I don't know whether they made NETWORK DEPOSITION SERVICES 724-443-5730 117 1 non aluminized, but it appears in the catalog. 2 Q But it is your testimony, Mr. Seibel, your 3 testimony, that as far as manufacturing, MSA only 4 manufactured aluminized coats? 5 MR. LAMM: If you need to look through 6 those drawings. 7 A The manufacture was aluminized asbestos 8 coats. 9 Q Once MSA got in the business of 10 manufacturing asbestos-containing coats, did they ever 11 sell asbestos-containing coats which they did not 12 manufacture? 13 A Yes, there were some coats that we did not 14 manufacture. 15 Q But you sold them after '59? Do you 16 follow me? You told me in 1959 the first time we got 17 into this manufacturing process, one of the products 18 was asbestos-containing coats. '59 to '84, did you 19 ever purchase, MSA purchase asbestos-containing coats 20 from somebody else that it sold, or were all the coats 21 sold by MSA that contained asbestos manufactured by 22 MSA? 23 A Well, I can tell you that there are some 24 specifications here indicating that we didn't 25 manufacture some asbestos-containing coats that were NETWORK DEPOSITION SERVICES 724-443-5730 118 1 collected within this time period of '54 to '84. 2 Q Who manufactured them? 3 A I have a specification on part No. 38981 4 and it is provided by Racine Glove Company, it is a 5 "coat, asbestos." There is also a part No. 38982, 6 which is just a different length, it is a 54-inch 7 length, and the first one was a 52-inch length, and 8 again it is from Racine Glove Company. 9 Q What is the date of that spec? 10 A This particular specification has an 11 issued date of 8-17-67. 12 Q But this is a general spec, now, this 13 isn't a sale to U.S. Steel? 14 A No, this is a specification indicating 15 what this particular part number was. It doesn't 16 indicate who it was sold to. 17 Q Who other -- what other manufacturers of 18 coats beyond Racine did you identify, or that's it? 19 A They are the only supplier that is 20 identified on those two specifications. There is also 21 a part No. 38979, and it is an asbestos coat 40-inch 22 length provided by Racine Glove Company; and a part 23 No. 38980, a 44-inch asbestos coat, and again, that is 24 also provided by Racine. 25 Q Any other manufacturer beyond Racine? NETWORK DEPOSITION SERVICES 724-443-5730 119 1 A No, those were the only purchased coats. 2 Q What were the lengths of the coats that 3 Mine Safety manufactured? Were they different 4 lengths? 5 A Yes. 6 Q What were the lengths? 7 A Well, I have drawings here for 30-inch 8 length, 36-inch length, 40 length, some of them I 9 can't tell , we'd have to look in the catalog. 10 Q All of these drawings that you are 11 referring to can be matched to the catalog? 12 A Yes. 13 Q And you believe all of these coats, would 14 these be called engineering specifications? 15 A Engineering drawings. 16 Q Engineering drawings, are for aluminized 17 coats? 18 A Yes. 19 Q Are you familiar with the product known as 20 Nomex, N-O -M-E-X? 21 A Yes, I have heard of it. 22 Q And what do you identify Nomex with? 23 A It is a heat-resistant product. 24 Q And how about Kevlar? 25 A I recognize that name, yes. NETWORK DEPOSITION SERVICES 724-443-5730 120 1 Q This is what I have learned, that Nomex 2 and Kevlar are known as aramid fibers, that these 3 products were used as essentially a substitute for 4 asbestos; were you familiar with that? 5 A They may be, I don't know. 6 Q Do you know if at any time Mine Safety 7 Appliance ever sold Nomex protective clothing or 8 Kevlar protective clothing? 9 A We have Nomex on breathing apparatus 10 harnesses that were used by firefighters. 11 Q Okay. Any other protective clothing made 12 with Nomex or Kevlar? 13 A Helmets made of Kevlar. 14 Q That's it? 15 A That's all I recall. 16 Q When Mine Safety Appliance said, "Okay, we 17 are not going to manufacture anymore asbestos clothing 18 here at this cut and sew at our main plant," did they 19 say, "Well , we are going to manufacture non-asbestos 20 protective clothing"? 21 A We continued to manufacture heat 22 protective clothing that wasn't made of asbestos. 23 Q And what were the articles? Did you 24 manufacture a non-asbestos-containing coat? 25 A I'd have to look at the catalogs. I don't NETWORK DEPOSITION SERVICES 724-443-5730 121 1 recall the specific offerings at that time or the 2 materials. 3 Q Do you know if the asbestos substitute 4 material was -- looked different, did it look 5 different than the asbestos-containing material? 6 A We had aluminized flame retardant Rayon, 7 which was a material used for heat protection, it was 8 aluminized, it wasn't asbestos. 9 Q Okay. Was that available prior to 1984 or 10 did that aluminized Rayon just come on the market in 11 the '80s? 12 A Some of these contained different 13 materials. I'd have to look through - 14 Q I guess my question to you, to you is: 15 Mr. Seibel, were there asbestos substitutes available 16 before 1984? 17 A They were offered. There were other 18 products that were available instead. If a customer 19 did not want asbestos, they could choose other heat 20 protective materials. 21 Q That would protect a worker? 22 A Yes. 23 Q And do you know when those became 24 available, or were they available since MSA got into 25 the asbestos protective clothing line in '59? NETWORK DEPOSITION SERVICES 724-443-5730 122 1 A I think there were different options from 2 very early. 3 Q Okay. 4 A Customers had the choice to pick whatever 5 material they wanted. They weren't restricted to only 6 asbestos. 7 Q And that material would protect the worker 8 to the same degree? 9 MR. LAMM: I would object to the form of 10 the question. 11 Q Do you follow me in the sense that if I'm 12 working at a steel mill, could I wear a coat that MSA 13 manufactured to protect myself and be protected and 14 could I wear a non-asbestos-containing coat and have 15 the same protection? 16 MR. LAMM: Again, I would note an 17 objection for the record, Janice. It depends on 18 the application. I mean, there are different 19 areas of the plant, different degrees of heat, 20 and I just want to make sure that that is clear. 21 A I don't know what might be preferred by a 22 customer and what level of heat it could be used 23 against. 24 Q But you are telling me Mine Safety 25 Appliance had asbestos substitutes available since NETWORK DEPOSITION SERVICES 724-443-5730 123 1 '59? 2 MR. LAMM: Again, I would object to the 3 form of that question, in terms of asbestos 4 substitutes, I think Mr. Seibel said that there 5 was asbestos protective clothing, there was 6 non-asbestos-protective clothing, it doesn't 7 necessarily mean one was a substitute for the 8 other. I just wanted to make that clear. 9 A There were customer options that were 10 available. 11 Q Are you in a position to speak whether 12 they would provide the same protection for a certain 13 application or is that outside of the scope of your 14 expertise? 15 A I could say that they were available in 16 our catalog as heat protective clothing items. How 17 well one performed versus another, I don't know. 18 Q Other than those pair of asbestos gloves, 19 might be the same two hands, they are gloves that are 20 available at the legal department, it is not a mitten, 21 it is a glove? 22 A Yes, it is a five finger glove. 23 Q Okay. Other than that -- you saw those 24 gloves? 25 A Yes. NETWORK DEPOSITION SERVICES 724-443-5730 124 1 Q Other than those gloves, have you 2 ever seen, had an opportunity to actually see 3 asbestos -containing protective clothing? 4 A As I mentioned before, I may have seen it 5 and not known it when I worked in the main plant. 6 Q Other than that, you can't specifically 7 say like "I saw an asbestos-containing coat" or "I 8 held it" or anything like that? 9 A No. 10 Q And you are certainly not in a position to 11 comment whether fibers are released when the product 12 is worn? 13 A Well, I know that when we manufactured it 14 and employees were cutting and sewing fabric, there 15 wasn't a release sufficient to exceed OSHA 16 requirements. 17 Q And how many times were air sampling done 18 to determine that? 19 A I don't know, several times, I don't know 20 specifically. 21 Q And do you know when was the first time? 22 A No, I don't. 23 Q And do you know if the workers at that 24 point in time were required to wear masks or 25 respirators? NETWORK DEPOSITION SERVICES 724-443-5730 125 1 A They were not required to wear 2 respirators. 3 Q Do you know what circumstances they were 4 involved in cutting or manipulating the cloth at that 5 point in time? 6 A No, I don't. They worked in the cut and 7 sew department. I think the whole department was 8 subjected to the monitoring. 9 Q Can you identify any worker that worked in 10 cut and sew, a long-term employee that actually was 11 involved in cutting and sewing? 12 A No, I can't. 13 Q Would there be records available at the 14 facility that would identify people that worked in cut 15 and sew? 16 A I don't know. 17 Q Why did Mine Safety Appliance stop in 1984 18 manufacturing, or around that time frame, 19 manufacturing asbestos-containing clothing? 20 A Well, I think it was the growing knowledge 21 of the hazards of asbestos and products were changed 22 over the years. There may have been some that were 23 dropped, but in 1984 it was recognized, it was decided 24 that we shouldn't sell asbestos-containing clothing 25 anymore. NETWORK DEPOSITION SERVICES 724-443-5730 126 1 Q Are you telling me, Mr. Seibel, in 1984 2 the clothing was deemed to be a hazard by Mine Safety 3 Appliance? 4 MR. LAMM: Object to the form of the 5 question. Again, different conditions, different 6 applications. 7 A I think we recognized a growing concern 8 with asbestos, and although we did not have any 9 reports of problems with them, heat protective 10 asbestos-containing clothing, and although we did not 11 have any problems with the monitoring results, all the 12 monitoring results in the sewing department were 13 within OSHA requirements, we thought it best to remove 14 asbestos from our line. 15 Q And who made that decision, then? 16 A I know that it was instructed by our 17 manager of product safety at that time. 18 Q And who was that? 19 A Lawrence Dewosky. 20 Q And could you spell his last name? 21 A D-E-W-O-S-K-Y, I think. 22 Q Is he still employed by Mine Safety? 23 A He is deceased. 24 Q And it came down from him to individuals 25 that we are not going to manufacture that anymore? NETWORK DEPOSITION SERVICES 724-443-5730 127 1 A It was instructed by him that we would not 2 manufacture or sell any asbestos-containing clothing. 3 Q Are there documents that establish that 4 coming into effect? 5 A Yes. 6 Q And you have those at Mine Safety? 7 A Well, there is an internal memo that 8 instructs that. 9 Q And that's part of that asbestos file in 10 the legal department that you talked about at a depo? 11 A It would be maintained by the legal 12 department , yes. 13 Q Okay. Who was the president of Mine 14 Safety Appliance in 1984 when that decision was made? 15 A I'm not sure. 16 Q Do you know who is the president today? 17 A Yes. 18 Q Who? 19 A William Lambert. 20 Q And how long has Mr. Lambert been the 21 president? 22 A I think a couple years. I don't recall 23 specifically. 24 Q I think in a prior deposition you 25 identified a Mr. Ryan, III? NETWORK DEPOSITION SERVICES 724-443-5730 128 1 A Yes, Ryan, III. 2 Q Okay. And he is -- he was a former 3 president? 4 A Yes. 5 Q And what years did he serve? 6 A I don't know specifically. 7 Q Is he still alive? 8 A Yes. 9 Q And resides in our community, around here, 10 locally? 11 A Yes. 12 Q Would Mr. Ryan have been there when 13 asbestos -containing clothing was being manufactured? 14 A I don't know. 15 Q I don't know if I asked you, now, I 16 apologize if I didn't, in '77 when you got there, who 17 was the president? 18 A Eugene Merry. 19 Q Mr. Merry who we identified, the IHF man? 20 A Yes. 21 Q Have you ever heard of a gentleman by the 22 name of Jeffrey Stull, S-T-U-L-L? 23 A No. 24 MS. SAVINIS: I have no further questions, 25 and I thank you for your time. NETWORK DEPOSITION SERVICES 724-443-5730 129 1 MR. LAMM: That will conclude this 2 deposition. We will read the transcript. 3 VIDEO OPERATOR: We are going of the 4 record. The time is 1:20. 5 6 (Thereupon, at 1:20 o 'clock p.m., the 7 deposition was concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NETWORK DEPOSITION SERVICES 724-443-5730 1 SIGNATURE PAGE 2 3 4 5 Charles J. Seibel, Jr. 6 Subscribed and sworn to before me this 7 of , 2006. 8 9 10 11 Notary Public 12 13 - - - 14 15 16 17 18 19 20 21 22 23 24 25 130 day NETWORK DEPOSITION SERVICES 724-443-5730 131 1 CERTIFICATE 2 COMMONWEALTH OF PENNSYLVANIA, ) ) SS: 3 COUNTY OF ALLEGHENY. ) 4 I, Terri J. Urbash, do hereby certify that before me, a Notary Public in and for the Commonwealth 5 aforesaid, personally appeared CHARLES J. SEIBEL, JR., who then was by me first duly cautioned and sworn to 6 testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the 7 cause aforesaid; that the testimony then given by him as above set forth was by me reduced to stenotypy in 8 the presence of said witness, and afterwards transcribed by means of computer-aided transcription. 9 I do further certify that this deposition was 10 taken at the time and place in the foregoing caption specified, and was completed without adjournment. 11 I do further certify that I am not a relative, 12 counsel or attorney of either party, or otherwise interested in the event of this action. 13 IN WITNESS WHEREOF, I have hereunto set my hand 14 and affixed my seal of office at Pittsburgh, Pennsylvania, on this day of , 15 2006. 16 17 18 Terri J. Urbash, Notary Public 19 In and for the Commonwealth of Pennsylvania My commission expires June 7, 2008 20 21 22 23 24 25 NETWORK DEPOSITION SERVICES 724-443-5730