Document zzM7revojq5E569Rk8JvVGpQ6

)_^ACE BELOW FOR FIUNG STAMP ONLY) 1 law ounces SAYRE, MORENO. PURCELL & BOUCHER 2 A *A*TNCSMI* INClUO'NG A PPQPCSS'O***. CORPORATION 10331 SANTA MONICA OOULEVARO, SUITE 406 LOS ANGELES* CALIFORNIA 90029 3 (213) sse-eiec oA 1 Kfc, MURcNu, 4 PURCELL a BOUCHER 5 attorneys for Plaintiff 6 SFP 12 1986 7 F1LE:B~ &ug Z8 9 37 AH 'SB .A7:S*W"*K,! 6M>1y 6761 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 20 11 IN RE ASBESTOS LITIGATION; ) CASE NO. CVS 84-416 RAR EASTERN DISTRICT OF CALIFORNIA: ) 12 ) RELATES ONLY TO NAMED 13 MARCUS S. REEDER, SR., ) CASE ) 14 Plaintiff, ) NO. CIVS 84-0968 RAR ) 15 vs. ) SUPPLEMENTAL AFFIDAVIT OF ) MEIER SCHNEIDER; 16 SOUTHERN PACIFIC TRANSPORTATION ) ) DECLARATION OF ROSS GILL; DECLARATION OF PAUL COMPANY, et al., 17 ) HAWKINS; DECLARATION OF ) ALVA RANSFORD Defendants. ) 18 19 AND RELATION CROSS-CLAIMS. ) ) DATE: September 10, 1986 ) TIME: 11:00 a.m. ) DEPT: Hon. Judge Ramirez 20 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / GP5E 1- / 1 AFFIDAVIT OF MEIER SCHNEIDER 2 I, Meier Schneider, do declare and state as follows: 3 1. I am registered in the State of California as a 4 professional engineer (P.E.) in both chemical and safety 5 engineering, and am a Certified Industrial Hygenist (C.I.H.) in 6 the chemical aspects and comprehensive practice of industrial 7 hygiene. In addition, I am a Certified Safety Professional 8 (C.S.P.) and possess a Masters degree in occupational and 9 environmental health from California State University at 10 Northridge. I am, of my own first hand knowledge, competent to 11 testify as to the matters set forth herein. 12 2. In the course and scope of my practice as a health 13 and safety professional, I have acquired a working personal 14 knowledge of the chemical, physical and toxicological 15 properties of asbestos as well as the safe handling procedures I 16 and mandates for individuals working with asbestos and asbestos 17 containing products. In particular, I am knowledgeable of the 18 risk assessment procedures necessary for the safety of 19 individuals handling and working with high friction materials 20 such as brake shoes and friction linings containing asbestos. 21 In addition, I am knowledgeable as to the procedures and data 22 set forth in the applicable literature necessary to 23 substantiate the risk assessment of individuals exposed to 24 asbestos containing friction products in the workplace. 25 3. The encapsulation of asbestos fibers in composition 26 friction lining products that make up brake shoe material does 27 not eliminate and prohibit the release and emission of 28 I* 1 respirable asbestos fibers into the ambient air in the workplace 2 during the use or changing of said products. The decomposition 3 process of asbestos-containing brake lining material during 4 braking action releases from the lining asbestos fibers, fibers 5 that are not themselves destroyed by the heat generated thereby. 6 Subjecting railroad or motor vehicle asbestos-containing friction 7 products to braking action will result in the release of some 8 asbestos fibers. 9 I am familiar with the literature in the field of asbestos 10 and asbestos fiber control in friction products and can say that 11 it is recognized that during braking action fibers of asbestos 12 are indeed released from the lining material itself. Some of 13 these fibers enter the atmosphere and others combine with general 14 non-descript road dust, settle on the various parts of the trucks 15 and brake systems and are retained within the constituant pieces 16 of the brake equipment itself. These fibers pose a serious 17 potential health hazard to mechanics. The changing of railroad 18 or motor vehicle brake shoes is a procedure whereby these 19 residual asbestos fibers become distrubed and enter the breathing 20 zone of the mechanic. This potential health hazard confronts 21 both railroad and automobile mechanics who are involved in these 22 operations. 23 4. I acknowledge the distinction between asbestos24 containing industrial brake products and passenger vehicle 25 (car/truck) brake products. However, there is no distinction 26 between i-.he two in terms of the release into the air of asbestos 27 fibers from decomposed asbestos-containing brake material or the 28 serious asbestos hazard to those working on the brakes. There is a recognized asbestos health hazard working on any brake system that incorporates and involves asbestos-containing brake lining materials. Whatsmore, absent respirators, wet down procedures or the use of various asbestos fiber recovery systems during the replacement of brake shoes, residue from decomposed asbestoscontaining friction linings presents a health hazard to anyone who might breathe the workplace air surrounding the operation. I declare under penalty of perjury that the foregoing is true and correct, executed this 24th day of August, 1986 at Los Angeles, California. rc VERIFICATION STATE OF CALIFORNIA. COUNTY OF I. the undersigned, declare (check and complete applicable paragraphs): I am a party to this action. I have read the loregoing_____________________________________________________________________________________ and know its contents. The matters stated in it are true ol my own knowledge, except as to those matters which are slated on inlormation and belie and as to those matters. I believe them to be true. I am an officer ol._____________________________________________________________________________________________________________________ a parly to this action, and am authorized to make this verification for and on its behatl. and I make this verification tor that reason. I have read It foregoing __________ __ --__________________________________________________________________________________________ _______________________ and know its contents. 1 am informed and believe that the matters stated in it are true, and on that ground allege that the matters stated in it are rru> lamQapartner Daol a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification lor that reason. I have read If foregoing ------------------ ---- ------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- and know its contents. The matters stated in it are true of my own knowledge, except as to those matters which are stated on inlormation and belie and as to those matters. I believe them to be true. , I am one ol the attorneys for a party to this action. Such party is absent trom the aforesaid county where l/we have my/our oflice. and I make this verification for and on behatl that party tor that reason. I have read the loregoing and know its contents. I am informed and believe that the matters stated in it are true, and on that ground allege that the matters stated m it are trui (State) t certify (or declare) under penalty ol perjury under the laws ol the State of California that the foregoing is true and correct (Federal) I declare (or certity. verily or state) under penalty ol perjury that the foregoing is true and correct. Executed on19_____________________________________________________ S^fUfutf ol Ort'jfjdl m * >* t<ifi fume of Okuw ACKNOWLEDGMENT OF RECEIPT [athir than Summons and Complaint) une ! apcfcwote The undersigned acknowledges receipt of a copy of the foregoing document on ------- --------------- 19____ tyM Of Ofioi M rume and Me *f ipOKJOU S*qiUfu> PROOF OF SERVICE STATE OF CALIFORNIA. COUNTY OF L.A. I. .TT7DY HOT.TiTCKam a resident ot/empioyed in the aforesaid county. State ol Calilorni. I am over the age ot 18 years and not a party to the within action; my business/residence address is: 10351 Santa Monica Bldd. #406. L.A. ,CA 90035------------------------------------ 1 On Aug. 26 19JL6.1 served the foregoing()---------------------------------------------------------------------------------------- SUPPLEMENTAL AFFIDAVIT OF MEIER SCHNEIDER; DECLARATIONS on interested parties in this action by placing a true cppy thereof, enclosed in a sealed envelope, addressed as follow See attached sheet (check applicable paragraphs) (BY MAIL) I caused such envelope with postage thereon fully paid to be placed in the United States mail at (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices ol the addressee. California I 1 (Stale) I certify (or declare) under penalty ol perjury under the laws ol the State ol California that the loregoing is true and correct. I si (Federal) I declare (or cernly. verily or stale) under penalty ol perjury that the foregoing is iron and correct, and lhal f am employed in Hie office of member of the bar of this Court ai whose direction the service was made. v<oicoirj form iih--Aw zbj Executed on 8/26 19. 8S WOICC'IS iHC I98<