Motion-Secondary: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                222 RUSH LANDING ROAD
POBOX 6169
NOVATO, CALIFORNIA 94948-6169
(415) 898-1555

BRAYTON@PURCELL LLP
ATTORNEYS AT LAW

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ar BRON ESQ., S.B. #73685

A R. INADIO, ESQ., S.B. #154436

OREN P. NOAH, ESQ., SB #136310 ELECTRONICALLY

ASHLEY J. BENSON, ES $0 S.B. #276326 FILED

BRAYTON@PURCELL LL Superior Court of California,

yy 2 Rech Landing Road County of San Francisco

P.O. Box 6169 APR 25 2013

Novato, California 94948-6169 Clerk of the Court

Gls) 898-1555 BY: ALISON AGBAY
‘entative Ruling Contest Email: contestashestosTR@pbraytonlaw.com Deputy Clerk

Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
_ COUNTY OF SAN FRANCISCO

ASBESTOS
No. CGC-10-275731

DECLARATION OF ASHLEY J. BENSON
IN SUPPORT OF PLAINTIFFS'
OPPOSITION TO DEFENDANT
CRITCHFIELD MECHANICAL, INC.’S
MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION

ROBERT ROSS and JEAN ROSS, }
Plaintiffs,
C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit 1 }
)

attached to the Summary Complaint herein;
and DOES 1-8500.

Date: May 9, 2013

Time: 9:30 a.m,

Dept: 503, Hon. Teri L. Jackson
Trial Date: June 10, 2013

Action Filed: December 17, 2010

L Ashley J. Benson, declare as follows:

1. Lam an attorney at law duly licensed to practice before all courts in the State of
California and am an associate with the law firm of Brayton¢-Purcell LLP, attorneys of record
for plaintiffs herein and as such am fully familiar with the facts of this case and if called as a
witness regarding the matters set forth below, I would so testify.

2. Attached hereto as Exhibit 1 are true and correct copies of pertinent excerpts of the
deposition transcripts of Robert Ross. Mr. Ross’s deposition was taken in his previous matter,
San Francisco Superior Court case number 274099, on February 20, 2008, February 21, 2008,

February 22, 2008, March 4, 2008, March 11, 2008, March 12, 2008, December 15, 2008,

Kiln 9349 old oo.ASI-CRIMEC: ssw 1 AIB
DECLARATION OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT CRITCHFIELD
MECHANICAL, INC.S MOTION FOR SUMMARY SUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONoD OU mI DH Hu BB WN

13

15

December 16, 2008, December 17, 2008, December 18, 2008, January 20, 2009, January 21,
2009, January 22, 2009, January 23, 2009, August 10, 2009, August 11, 2009, August 12,
2009, and August 13, 2009.

3. Attached as Exhibit 2 is a true and correct copy of the Declaration of Richard Cohen,
MD. MP.H..

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on April 25, 2013, at Novato, California.

Ashley J. Benson

K) ‘tudes AB CMEC sed 2. ANB
IN OF ASHLEY J. BENSON IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO. DEFENDANT CRITCHFIELD
MECHANICAL, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONEXHIBIT 1IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

000--—

ROBERT ROSS,

Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME I

(Pages 1 ~ 231)

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537

February 20, 2008

Searined CopyPage 2 Page 4
3 . INDEX PAGE L DEPOSITION OF ROBERT ROSS
3 EXAMINATION BY MS. NAGPAL 14, 47,83 2
4 oe ee n 3 BE I1T REMEMBERED, that pursuant to Notice, and on
117, 124, 129 A the 20th day of February 2008, commencing at the hour
5 Hoe 1a 5 of 9:35 a.m., in the offices of Aiken & Welch, One
6 . 6 Kaiser Plaza, Suite 505, Oakland, California, before
, EXAMINATION BY MR. JONES 46,108 7 me, EARLY LANGLEY, a Certified Shorthand Reporter,
EXAMINATION BY MR. KASTER 62, 82, 88 8 personally appeared ROBERT ROSS, produced as a witness|
8 Fea .
§ EXAMINATION BY MS FOSTER LOVAS 64,82, 9 in said action, and being by me first duly sworn, was
91, 97, 105 10 thereupon examined as a witness in said cause.
10 110, £28, 131 Ww
162
nh 12 ---000---
2, EXAMINATION BY MS, RASMUSSEN 64, 120, 129 13
2
13 EXAMINATION BY MS, TORESON 84 14
14 EXAMINATION BY MS. GAMBINO 89 anolt
TS ERAMINATION BY MS.GAMBINO 89 15 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing}
16 EXAMINATION BY MS. NASSOPOULOS 104 16 Road, Novato, California 94948, appeared on behalf of i
i? EXAMINATION BY MS. CHAVEZ 306, 221 17. the Plaintiff.
18 EXAMINATION BY MS.OKUMOTO. 416, 131, 220 .
19 EXAMINATION BY MS. VOTAW 126, 163, 165 18
20 219 19 STEPHEN HARRINGTON (by telephone), Clapp,
EXAMINATION BY MS. FRENCH 152 20 Moroney, Bellagamba and Vucinich, 1111 Bayhill-Drive,
2. MAMINATION BY MS. HART 168 21 Suite 300, San Bruno, California 94066, appeared on
22 22 behalf of the Defendant Contra Costa Electric.
EXAMINATION BY MR. THE 203 23
23
“EXAMINATION BY MS. HOLWERDA 226 24
24
25 25
Page 3 Page 5]]
1 EXHIBITS L ERIN MCGAHEY (by telephone), Sinunu, Bruni,
2 DEFENDANTS! — __ PAGE 2 LLP, 633 Pine Street, Suite 400, San Francisco,
3A st entitled "Local 16 retirees 27 3 California 94108, appeared on behalf of the Defendants
4 Y BBE. 4 Valley Sheet Metal; Rosendin Electric.
B_ Collection of Mr. Ross's documents 69 5
5 in binder; handwritten notes; 6 SUSAN FRENCH, Archer Norris, 2033 North Main
5 typewritten notes 7 Sweet, Suite 800, Walnut Creek, California 94596
- . 8 appeared on behalf of the Defendants Cahill, Anderson,
C Copies of handwritten notes 69 : ;
7 of Mr. Ross on yellow pieces 9 Rowe & Buckley; Frank Bonetti Plumbing, inc.
of paper, 12 pages 10 .
g a1 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin & lH
3 12 Blum, 35] California Street, Suite 200, San Francisco,
13 California 94104, appeared on behalf of the Defendant
2 14 Kaiser Gypsum Company, Inc.
13 15
14 16 VINEET K. SOOD, AT&T Services, Inc., 525 Market
15 17 Street, Room 2009, San Francisco, California 94105,
18 18 appeared on behalf of the Defendant Pacific Bell
18 19 Telephone Company.
49 20
20 21 ROBIN HART (by telephone), Becherer, Kannett &
21 22 Schweitzer, 2200 Powell Street, Suite 805, Emeryville,
3 23 California 94608, appeared on behalf of the Defendants
Bridgestone Firestone; Dillingham; Johnson Controls.

Aiken & Welch Court Reporters

2 (Pages 2 to 5)

R. Ross, Vol. I 2/20/08. Page 6
1 ESTIE A. MANCHIK, Barg Coffin Lewis & Trapp,
2 350 California Street, 22nd Floor, San Francisco,
3. California 94104, appeared on behalf of the Defendant
4 The Board of Trustees of the Leland Stanford Junior
5S University.
6
7
8

JOHN KIRBY (by telephone), Burnham & Brown,
1901 Harrison Street, | 1th Floor, Oakland, California
9 94604, appeared on behalf of the Defendants Golden Gate
10 Drywall, Inc.; S.W. Spencer & Son, Inc.

12 DREXWELL M. JONES, Buty & Curliano, $55 12th
13. Street, Suite 1280, Oakland, California 94607, appeared
14 on behalf of the Defendants Western Building Materials
15. Supply; Beasley Plumbing.

17 JENNIFER RASMUSSEN, Pond North, 505 Montgomery
18 Street, 13th Floor, San Francisco, California 94111,

19 appeared on behalf of the Defendant Temporary Plant

20 Cleaners.

22 JULIE FARRAH, Ericksen, Arbuthnot, Kilduff,

Page 8

ZACH LEWIS (by telephone), Dal Soglio &
Martens, 2250 East Imperial Highway, Suite 200, El
Segundo, California 90245, appeared on behalf of the
Defendant Aerojet General Corporation.

MARY PAK, Foley & Mansfield, 1111 Broadway,
10th Floor, Oakland, California 94612, appeared on
behalf of the Defendant D.W. Nicholson Corporation.

FAITH WOLINSKY (by telephone), Glaspy & Glaspy,
100 Pringle Avenue, Suite 750, Walnut Creek, California
94596, appeared on behalf of the Defendant Fairmont
Hotei.

JOE SPATARO, Gordon & Rees, 275 Battery Street,
20th Floor, San Francisco, California 94111, appeared
on behalf of the Defendants Hussman Corporation;
Rosendahl Corporation.

MARIA ZEYREK (by telephone), Haight, Brown &
Bonesteel, 100 Bush Street, 27th Floor San Francisco,
California 94104, appeared on behalf of the Defendant

19 Defendant Tosco Refining Company.
2k » SABRINA AXT, Foley & Mansfield; 1111 Broadway,

22 10th Floor, Oakland, California 94612, appeared on

23 Day, 111 Sutter Street, Suite $75, San Francisco, 23 Robert Shaw Controls Comparty.
24 California 94104, appeared on behalf of the Defendant 24 .
25 Ampex Corporation. 25
Page 7 Page 9
1 ROLAND THE, Brydon, Hugo & Parker, 135 Main 1 GREGORY KIM (by telephone), Hassard Bonnington,
2 Street, Suite 200, San Francisco, California 94105, 2 Two Embarcadero Center, 18th Floor, San Francisco,
3 appeared on behalf of the Defendants Foster Wheeler; 3 California 94111, appeared on behalf of the Defendant
4 Perini Corp,; Fireman's Fund. 4 Sequoia Ventures.
5 5
6 BEN HOLL (by telephone), Drinker, Biddle & 6 JUSTIN MCKENNA (by telephone), Builivant Houser
7 Reath LLP, $0 Fremont Street, 20th Floor, San 7 Bailey, 1415 L Street, Suite 1000, Sacramento,
8 Francisco, California 94105, appeared on behalf of the 8 California 95814, appeared on behalf of the Defendant
3 Defendant Monsanto. 9 Louisiana Pacific.
10 . 10
qi LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa} i1 NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
12 & McLeod, 1999 Harrison Street, 18th Floor, Oakland, 12 101 California Street, 41st Floor, San Francisco,
13 California 94612, appeared on behalf of the Defendant 13 California 94111, appeared on behalf of the Defendants
14 Hewlett Packard. 14 D. Zelinsky & Sons, Inc.; ITT Industries, Inc.;
15 15 Metalclad insulation Corporation; Rudolph & Slettea.
16 HOLLY ACEVEDO (by telephone), Filice, Brown, 16
17 Eassa & McLeod, 1999 Harrison Street, | 8th Floor, 17 MARY ELLEN GAMBINO, Schiff Hardin, One Market
18 Oakland, California 94612, appeared on behalf of the 18 Spear Street Tower, San Francisco, California 94105,

appeared on behalf of the Defendant F.P. Lathrop
Construction Company.

23 behalf of the Defendants A&A Mechanical Contractors, 23

24 = Inc.; Fluor Corporation; Raymond Interior 24

25 Systems-North. 25
hae

Aiken & Welch Court Reporters

3 (Pages 6 to 9)

R. Ross, Vol. I ° 2/20/08Page 10 Page 12
1 ANTHONY CHIOSSO, ALBERT THUESEN (by telephone)} 1. LINDA 8. VOTAW, Manatt Phelps & Phillips, One
2 Jackson & Wallace, 55 Francisco Street, Suite 600, San 2 Embarcadero Center, Suite 3000, San Francisco,
3 Francisco, California 94113, appeared on behalf of the 3 California 94111, appeared on behalf of the Defendant
4 Defendants Colgate Palmolive; Goodloe E. Moore. 4 Cal-Steam.
5 5
6 ANJALI NAGPAL, Lewis, Brisbois, Bisgaard & 6 ARTHUR J. RELIFORD, JR., P. STEPHEN FARDY,
7 Smith, One Sansome Street, 14th Floor, San Francisco, 7 Swanson, Martin & Bell LLP, 330 North Wabash, Chicago,
8 California 94104, appeared on behalf of the Defendant 8 Ilinois 60611, appeared on behalf of the Defendant
9 Plant Insulation Company. 3 Earthgrains Baking Company, Inc.
16 10
iL STEVEN LATHRAM, Lynch, Gilardi & Grummer, 475 al ALEXANDRA NASSOPOULOS, Walsworth, Franklin,
22 Sansome Street, Suite 1800, San Francisco, California 12 Bevins & McCall, 601 Montgomery Street, 9th Floor, San
13 94111, appeared on behalf of the Defendant Swinerton 13 Francisco, California 94111, appeared on behalf of the
44 Builders 14 Defendants Cleaver-Brooks, Inc; Oscar E. Erickson,
as 15 Inc.; The Henry Company.
16 KATHY HUYNH (by telephone), Low, Ball & Lynch, 16
17 505 California Street, 7th Floor, San Francisco, 17 KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins
18 California, 94111, appeared on behalf of the Defendants 18 & McCall, 601 Montgomery Street, 9th Floor, San
19 O.C. McDonald & Co.; Cooper Brothers. 19 Francisco, California 94111, appeared on behalf of the
20 20 Defendants Dee Engineering: Pierce Enterprises.
22 JEFF MINNERY (by telephone), Gibson, Dunn & 21
22 Chutcher, One Montgomery Street, Post Montgomery 22
23. Center, San Francisco, California 94104-4505, appeared 23
24 on behalf of the Defendant Genentech, 24
25 25
Page il Page 13
1 JANE BLUMBERG, Prindle, Decker & Amaro, 369 L SHARON HOLWERDA, Vasquez & Estrada LLP, 10!
2 Pine Street, Suite 800, San Francisco, Califomia 2 Fourth Street, Avenue, Suite 700, San Rafael,
3 94104, appeared on behalf of the Defendants 3 California 94901, appeared on behalf of the Defendant
4 Consolidated Insulation Company, Frederick Meiswinkel, 4  FDCC, Inc.; Lamons Metal Gasket; Monterey Mechanical;
5 Inc.; C.F. Braun; Triple A Machine Shop; Trane US Inc. 5 Scott Co.
6 6
7 CHRISTINE TORESON, Perkins Coie, 180 Townsend} 7 JOSHUA D. WHITE, Yaron & Associates, 601
8 Street, Third Floor, San Francisco, California 94107, 8 California Street, 21st Floor, San Francisco,
9 appeared on behalf of the Defendants Honeywell 3 California 94108, appeared on behalf of the Defendant
10 Corporation, Georgia-Pacific, 10 Todd Shipyards Corp.
WW. il
12 CONNIE LEAHY (by telephone), Sedgwick, Detert, | 12
13 Moran & Arnold, One Market Plaza, Steuart Tower, 8th 13
14 Floor, San Francisco, California 94105, appeared on 14
15 behalf of the Defendant PG&E, iS
16 16
1? ALLISON B. SUROWITZ, Selman Breitman, 33 New | 17
18 Montgomery Street, Sixth Floor, San Francisco, 18
19 ‘California 94105, appeared on behalf of the Defendants ig
20 Atlas Heating; Douglass Insulation. 20
2i 21
22 MICHELLE HIRTH (by telephone), Sheppard Mullin, | 22
23 Four Embarcadero Center, San Francisco, California 23
94111, appeared on behalf of the Defendant MRC 24

Holdings.

Aiken & Welch Court Reporters

4 (Pages 10 to 13)
R. Ross, Vol. I 2/20/08Aiken & Welch Court Reporters

Page 14 Page 16

1 ROBERT ROSS, 2 on your credibility, do you understand that?

2 swom as a witness, 2 A. Yes.

3 testified as follows: 3 Q. Ifyou need to take a break at any time for any

4 EXAMINATION BY MS. NAGPAL: 4 reason whether to stretch your legs, speak to your

5 Q. Good morning, Mr. Ross. 5 attomey and just let me know, we'll be happy to

6 A. Good morning. 6 accommodate you; okay?

7 Q. My name is Anjali Nagal. | introduced myself 7 A. Yes,

8 to you off the record. I'm going to be the attorney 8 Q. We try to break every hour and it's about a

% asking you the majority of the questions this morning, 9 little after 9:30. Now so we'll probably take our
10 although there are several other attorneys in this room 10 first break about 9:30 and if you need to take a break
11 and the adjoining room and on the phone that willalso | 11. earlier let me know.
12 have the opportunity to ask you questions, okay? 12 A. Okay.
13 A, Okay. 13 Q. You're doing really great in providing a verbal
14 Q. Can you hear me okay so far? 14 response, but I just want you to know that nods of the
4s A. So far. 15 heads, shrugs of the shoulders, and "uh-huh" and
16 Q. Do you understand that you have taken an oath 16 “huh-uh,” although they will be noted for the record,
17 to tell the trath? 17 we may not be able to understand what that means when
18 A. Yes, ma'am. 18 we are reading the transcript; do you understand that?
19 Q. And everything that you are saying today is 19 A. Yes, ma'am.
20 testimony as if you were in a court of Jaw, do you 20 Q. I'm going to be asking you questions about
21 understand that? 21 information that goes back quite a few years, and you
22 A. Yes, ma'am. 22. may not remember an exact date. You may not remember
23 Q. And your testimony and the questions that I ask 23 an exact name, an exact location, but what I am
24 you are being taken down verbatim, word for word by the| 24 entitled to today is your best recollection and your
25 court reporter who is sitting to my right, do you 25 best estimate.

Page 15 Page 17

1 understand that? 4 Do you understand that? .

2 A. Yes. 2 A. Yes, ma'am.

3 Q. For that reason we need to get a verbal 3 Q. Lalso don't want you to guess and speculate

4 response to every question that I ask you, do you 4 because that doesn't help us and that doesn't help you

5 understand that? 5 either.

6 A. Yes. 6 Do you understand that?

7 Q. And you're doing really great so far. 1 just 7 A. Yes, ma'am.

8 need to tell you what the ground rules of the 8 Q. And I know you know what the difference is

9 deposition are even though your atiomey has probably 9 between a guess and an estimate, or an approximation.
10 told you what they are just, so that we know we're on 10 But I'm going to give you a little example anyway. If
11 the same page or that we have it on the record; okay? 11 I were to ask you to estimate the length of this table
12 A. Okay. 12 you could probably take a look at it and give me an
13 Q. After the deposition is completed you will have 13 educated estimate of it, is it correct?
14 an opportunity to review the transcript either by 14 A. Yes.
15 coming into the court reporter's office or if your is Q. IfI were to ask you the length of my dining
16 attorney chooses to send you a copy you can review 16 table at home that would be something you would be
17 that, and make any changes that you feel are 17 speculating about; is that correct?
18 appropriate. Do you understand that? 18 A. Yes.
19 A. Yes. 13 Q. Okay.
20 Q. However, I do have to caution you that changes 20 And, I'm also going to be asking you questions
21. that you make, if they are substantive in nature as 21 that may seem redundant in nature for each job site,
22 opposed to a spelling change, or something minor like 22 for instance, but you -- just be patient and bear with
23° that, a date, minor date change, change of amount or 23> me and we'll get through it because that's just the way
24 something like that, myself or anybody else can be this process works and we have to go through your
25 comment upon those changes and that may have a bearin; entire job history as! products you worked i

5 S (Pages 14 to 17)

R. Ross, Vol. I 2/20/08Page 174 Page 1764
1 A. can't remember that. Powerhouse is - to the | 2 times, ten times, a dozen times?
2 bestofmy knowledge it was Eagle-Picher. 2 A. Many times, I'll give you an example if you
3 Q. Again, you're looking at a document that's in 3 like. I'm adding on to this but I'll give you an
4 your orange binder, Exhibit B, is that a list of 4 example. We used to skin a saw, this is just one of
5 products that you created? 5 the things we did. And we'd score the blocks. So they
6 A. Yes. T created some of these products. I put 6 would break easily over the vessels. And that’s, you
7 everything altogether. I researched things that did 7 know, that's quite a bit if you're scoring four boxes
8 that and did that the best I could. 8 of block, why, that's a lot. I don't remember. Many
9 Q. When did you create that list? 9 times.
1¢ A. The last six or seven months and I had some 10 Q. Is that something you did on a daily basis?
11. given to me by the union. 11 A. No. Depends if they were doing a tank or not.
12 Q. And when you say you did some research, what] 12 Q. And when you were either mixing any of the mud
13. kind of research did you do? 13. or scoring any of the block or cutting into any of the
14 A. Talking to people, thinking about things, just | 14 pipe covering at the fertilizer plant in Helm, did you
15 try to go over in my mind what happened at that 15 ever wear any kind of a mask or a respirator?
16 particular time. 16 A. That was the start of my career. At that
17 Q. And is there a particular time frame that those | 17 particular time, no.
18 materials cover? In other words, did you look at a 18 Q. Did you use any gloves when you were cutting
19 particular time frame in your job history and then 19. into the material or mixing the mud?
20 create a list of products that you worked with or 20 A, No, ma'am.
21 around in that time frame? al Q. Was this new construction of a fertilizer plant
22 A. No, wh-uh. But these -- no. 22 or was this plant already in existence?
23 Q. That's just throughout your-career? 23 A. Well, to my best recollection, it was already
24 A. Throughout my career I used most of these 24 in existence. This was just an add-on to it.
25 products, yeah, until they, yes. 25 Q. Did you see any demolition or tearout being
Page 175 Page 177
1 Q. And you said you also took pipe covering to 1 performed at the fertilizer plant?
2 mechanics. Was there some other material or are you | 2 A. Not that I can -- not that I can -- not -- I
3 referring to the mud that you mixed? 3 don't have any recollection of.
4 A. I distributed -- 4 MR. SOLOMON: Technically speaking, if there's
S MR. SOLOMON: Objection. The question is not] 5 any tie-ins and some insulation is removed in a tie-in,
6 coherent. 6 that falls into what they're describing as a tearout.
7 Go ahead, sir. 7 [just want to make sure you're clear on their question
8 THE WITNESS: I distributed mud, different 8 which I think is designed to be unclear.
9 types of mud, and I distributed the pipe covering to 9 THE WITNESS: Well, I seen that.
10 the mechanics on the job. 10 BY MS. NAGPAL:
411 BY MS. NAGPAL: 11 Q. You saw some tie-in work?
412 Q. Do you know the brand name, manufacturer or | 22 A, Well, yes. They had existing. Do you want me
13 supplier of the pipe covering? 13 to explain how it is?
14 A. I'm almost -- the best of my recollection it 14 Q. Sure.
15 was J-M. is A. They have existing 6-inch pipe with asbestos on
16 Q. Were you in the presence of any -- strike that. 16 it. They want to tie in there, they had to tear out
17 Did you ever have to-cut into any of the J-M 17° the asbestos, let it fall all over, stick it in there,
18 pipe covering? 18 weld the pipe and somebody has to go in there
19 A. Did 1? 19° eventually and patch all that up and carry on with
20 Q. Correct. 20 their work.
21 A. Yes. 21 Q. Do you know the brand name or mamufacturer of |
22 Q. And how many times do you recall cutting into [22 any of the existing pipe covering that is torn off at
23 that material? 23° the fertilizer plant in Helm?
24 A. Many times. 24 A. I can't remember -- [ can't remember anything.
25 ._ Can you estimate for me whether it was five 25 [can't recall anything.
45 (Pages 174 to 177)
Aiken & Welch Court Reporters R. Ross, Vol. I 2/20/08Page 230

SIGNATURE OF WITNESS

1
2
3
4
5 1, EARLY K. LANGLEY, do hereby certify:
6
7
8

9 specified;

1d That said deposition was taken before me at said

12 time and place, and was taken down in shorthand by me,

12 a Certified Shorthand Reporter of the State of

13 California, and was thereafter transcribed into

14 typewriting, and that the foregoing transcript

15 constitutes a full, true and correct report of said

16 deposition and of the proceedings that took place;

1? IN WITNESS WHEREOF, I have hereunder subscribed my
18 hand this 2nd day of March 2008.

—|
Page 231
STATE OF CALIFORNIA )

)
COUNTY OF ALAMEDA}
That ROBERT ROSS, in the foregoing deposition

named, was present and by me swom as a witness in the
above-entitled action at the time and place therein

EARLY K. LANGLEY, CSR No. 3537
24 State of California

Aiken & Welch Court Reporters

R. Ross,

59 (Pages 230 to 231)
Vol. I 2/20/08Scanned Copy

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
wen O00~-—
ROBERT ROSS,
Plaintiff,
vs. No. 274099
ASBESTOS DEFENDANTS,

Defendants.

DEPOSITION OF ROBERT ROSS
VOLUME II

| (Page to 232 - $06)

Taken before EARLY K. LANGLEY, RMR
CSR No. 3537

February 21, 2008Page 235

Page 233
3 INDEX og 1 ERIN MCGAHEY, Sinunu, Bruni, LLP, 633 Pine
3. EXAMINATION BY MS.RASMUSSEN 245, 283, 366 2 Street, Suite 400, San Francisco, California 94108,
‘ Sree 3. appeared on behalf of the Defendants Valley Sheet
5 432, 463 4 Metal; and Rosendin Electric, Incorporated.
EXAMINATION BY MR. KASTER 258, 278 5
® SXAMINATION BY MS. NAGPAL 271,300, 05 6 SUSAN FRENCH, Archer Norris, 2033 North Main
7 330, 358, 360 7 Street, Suite 800, Walnut Creek, California 94596
8 goer ase 8 appeared on behalf of the Defendants Cahill
5 494 9 Construction Company; Anderson, Rowe & Buckley; and \
EXAMINATION BY MS. FOSTER LOVAS 278, 304,339. 10. Frank Bonetti Plumbing, Incorporated. :
20 363, 372, 388 li ‘
u eee 12 SANDRA FOSTER LOVAS, Bassi, Martini, Edlin &
aq EXAMINATION BY MS.OKUMOTO 282, 339, 429 13 Blum, 35} California Street, Suite 200, San Francisco,
+ EXAMINATION BY MS. LEAHY 308 - 14 California 94104, appeared on behalf of the Defendant
ug PRAMINATION BY MS, VOTAW 340 15 Kaiser Gypsum Company, Incorporated.
16
1p AMINATION BYMS. GAMBINO 340, 409.408 17 VINEET K. SOD, AT&T Services, Inc., $25 Marked
ag EXAMINATION BY MR. SHIN 360, 372, 387 18 Street, Room 2009, San Francisco, California 94105,
uv EXAMINATION BY Ma JONES UM 388 29 19 appeared on behalf of the Defendant Pacific Bell-
19 EXAMINATION BY MR. HOLL’ 439 20 Telephone Company.
20 EXAMINATION BY MS. TORESON 456 21
21 EXAMINATION BY MR. RELIFORD 477 22
23 EXHIBITS 23
DEFENDANTS’ PAGE.
24 24
Document emitled "Exhibit A" 248 25
25. 98 pages with handwriting \
. Page 234 Page 236
1 DEPOSITION OF ROBERT ROSS 1 ROBIN HART, Becherer, Kannett & Schweitzer,
2 2 2200 Powell Street, Suite 805, Emeryville, California
3 BE IT REMEMBERED, that pursuant to Notice, and on” 3 94608, appeared on behalf of the Defendants Bridgestone |}
4 the 21st day of February 2008, commencing at the hour 4 Firestone; Dillingham Construction Corporation; and fi
5 of 9:07 a.m., in the offices of Aiken & Weich, 53 Johnson Controls, Incorporated.
6 Incorporated, One Kaiser Plaza, Suite 505, Oakland, 6
7 California, before me, EARLY LANGLEY, a Certified 7 ESTIE A. MANCHIK (by telephone), Barg Coffin
8 Shorthand Reporter, personally appeared ROBERT ROSS, 8 ° Lewis & Trapp, 350 California Street, 22nd Floor, San
9 produced as a witness in said action, and being by me 9 Francisco, California 94104, was present on behalf of
10. first duly sworn, was thereupon examined as a witness 10 the Defendant The Board of Trustees of the Leland
11. in said cause. 11 Stanford Junior University.
12 12
13 ——o0o--- 143 JOHN KIRBY (in person and by telephone),
14 14 Bumham & Brown, 1901 Harrison Street, 11th Floor,
15 ERIC SOLOMON, Brayton Purcell, 222 Rush Landing 15 Oakland, California 94604, appeared on behalf of the
16 Road, Novato, California 94948, appeared on behalf of 16 Defendants Golden Gate Drywall, Incorporated; and S.W.}}
17 the Plaintiff. 17 Spencer & Son, incorporated.
18 18
19 STEPHEN HARRINGTON, Clapp, Moroney, Bellagamba] 19 DREXWELL M. JONES, Buty & Curliano, 555 12thj
20 and Vucinich, 1111 Bayhill Drive, Suite 300, San Bruno, 20 Street, Suite 1280, Oakland, California 94607, appeared
21 California 94066, appeared on behalf of the Defendant 21 on behalf of the Defendants Western Building Materials
22 Contra Costa Electric, Incorporated. 22 Supply; and Beasley Plumbing.

Aiken & Welch Court Reporters

2 (Pages 233 to 236)

R. Ross, Vol. II 2/21/08Page 237 Page 239
i JENNIFER RASMUSSEN, Pond North, 505 Montgomery} 1 JOE SPATARO, Gordon & Rees, 275 Battery Street,
2 Street, 13th Floor, San Francisco, California 94111, 2 20th Floor, San Francisco, California 94111, appeared
3 appeared on behalf of the Defendant Temporary Plant 3. on behalf of the Defendants Hussman Corporation; and
4 Cleaners. 4 Rosendahl Corporation.
5 5
6 CYNTHIA SOLIMAN, Ericksen, Arbuthnot, Kilduff, 6 MARIA ZEYREK (by telephone), Haight, Brown &
7 Day, 111 Sutter Street, Suite 575, San Francisco, 7 Bonesteel, 100 Bush Street, 27th Floor, San Francisco,
8 California 94104, appeared on behalf of the Defendant 8 California 94104, was present on behalf of the
9 Ampex Corporation. 9 Defendant Robert Shaw Controls Company.
10 10
wh ROLAND THE, Brydon, Hugo & Parker, 135 Main 11 GREGORY KIM (by telephone), Hassard Bonnington,
12. Street, Suite 200, San Francisco, California 94105, 12. Two Embarcadero Center, 18th Floor, San Francisco, |
13° appeared on behalf of the Defendants Foster Wheeler 13 California 94111, was present on behalf of the
14 Corporation; Perini Corporation; and Fireman's Fund. 14 Defendant Sequoia Ventures, Incorporated.
15 . 15 i
16 BEN HOLL (by telephone), Drinker, Biddle & 16 JUSTIN MCKENNA (by telephone), Bullivant Houser #
17 Reath LLP, 50 Fremont Street, 20th Floor, San 17 Bailey, 1415 L Street, Suite 1000, Sacramento, [i
18 Francisco, California 94105, was present on behalf of 18 California 95814, was present on behalf of the
19. the Defendant Monsanto Corporation. 19 Defendant Louisiana-Pacific Corporation.
20 20 ”
21 LEE KASTER, GARRETT DEAL, Filice, Brown, Eassa j 21 JOSHUA D. WHITE, Yaron & Associates, 601
22 & McLeod, 1999 Harrison Street, 18th Floor, Oakland, 22 California Street, 21st Floor, San Francisco, -
23 California 94612, appeared on behalf of the Defendant 23 California 94108, appeared on behalf of the Defendant
24 Hewlett-Packard Company. 24 Todd Shipyards Corporation.
25 25
Page 238 Page 240
i HOLLY ACEVEDO (by telephone), Filice, Brown, 1 NOLA VEGANES CHAVEZ, McKenna, Long & Aldridge,
2. Eassa & McLeod, 1999 Harrison Street, | 8th Floor, 2 101 California Street, 41st Floor, San Francisco,
3 Oakland, California 94612, was present on behalf of the 3 California 94111, appeared on behalf of the Defendants
4 Defendant Tosco Refining Company. 4 BD. Zelinsky & Sons, Incorporated; ITT Industries,
5 5 Incorporated; Metalclad Insulation Corporation; and
6 SABRINA AXT, Foley & Mansfield, 1111 Broadway, | 6 Rudolph & Sletten, Incorporated.
7 10th Floor, Oakland, California 94612, appeared on 7 :
8 behalf of the Defendants A&A Mechanical Contractors, 8 MARY ELLEN GAMBINO, Schiff Hardin, One Market
9 Incorporated; Fluor Corporation, and Raymond Interior 9 Spear Street Tower, San Francisco, California 94105,
16 Systerns-North. 10 appeared on behalf of the Defendant F.P. Lathrop
1 12 Construction Company.
12 ZACH LEWIS (by telephone), Dal Soglio & 12
13 Martens, 2250 East Imperial Highway, Suite 200, El 13 ALBERT THUESEN (by telephone), Jackson &
14 Segundo, California 90245, was present on behalf of the 14 Wallace, 55 Francisco Street, Suite 600, San Francisco,
15 Defendant Aerojet General Corporation. 15 California 94113, was present on behalf of the
16 16 Defendants Colgate-Palmolive Company; and Goodloe E.
17 MARY PAK, Foley & Mansfield, 1111 Broadway, 17 Moore.
18 10th Floor, Oakland, California 94612, appeared on 18
19. behalf of the Defendant D.W. Nicholson Corporation. +} a9 ANJALI NAGPAL, Lewis, Brisbois, Bisgaard &
20 . 20 Smith, One Sansome Street, 14th Floor, San Francisco,
21 FAITH WOLINSKY (by telephone), Glaspy & Glaspy,] 21 California 94104, appeared on behalf of the Defendant
22 100 Pringle Avenue, Suite 750, Walnut Creek, California 22 Plant Insulation Company.
23 94596, was present on behalf of the Defendant Fairmont 23

3 (pages 237 to 240)

R. Ross, Vol. IT 2/21/08

Aiken & Welch Court ReportersPage 241

STEVE LATHRAM, Lynch, Gilardi & Grummer, 475
Sansome Street, Suite 1800, San Francisco, California

Page 243

ARTHUR J, RELIFORD, JR., P. STEPHEN FARDY,
Swanson, Martin & Bell LLP, 330 North Wabash, Chicago,

94111, appeared on behalf of the Defendant Swinerton
Builders,

IUinois 60611, appeared on behalf of the Defendant
Earthgrains Baking Company, Incorporated.

KATHY HUYNH (by telephone), Low, Ball & Lynch,
505 California Street, 7th Floor, San Francisco,
California 94] 11, was present on behalf of the
9 Defendants 0.C. McDonald & Co.; and Cooper Brothers. 9

STEVEN J, SHIN, Walsworth, Franklin, Bevins &
McCall, 601 Montgomery Street, 9th Floor, San -
Francisco, California 94111, appeared on behalf of the
Defendants Cleaver-Brooks, Incorporated; Oscar E,

10 10 Erickson, Incorporated; and The Henry Company.

di JEFF MINNERY (by telephone), Gibson, Dunn & 11.

12 Crutcher, One Montgomery Street, Post Montgomery 12 KRISTI K. OKUMOTO, Walsworth, Franklin, Bevins}
13 Center, San Francisco, California 94104-4505, was 13 & McCall, 601 Montgomery Street, 9th Floor, San H
14 present on behalf of the Defendant Genentech, 14 Francisco, California 9411 1, appeared on behalf of the fi
15 Incorporated. 15 Defendants Thomas Dee Engineering Company; and Pierce}
16 16 Enterprises. i
17 JANE BLUMBERG (by telephone), Prindle, Decker & | 17

18 Amaro, 369 Pine Street, Suite 800, San Francisco, 18 BRIAN NUSSBAUM, Vasquez & Estrada LLP, 1000 i
19 California 94104, was present on behalf of the 19 Fourth Street, Avenue, Suite 700, San Rafael,

20 Defendants Consolidated Insulation Company, Frederick | 20 California 94901, appeared on behalf of the Defendants
21 Meiswinkel, Incorporated; C.F. Braun Company; Triple A | 21 : FDCC, Incorporated; Lamons Metal Gasket Company:
22 Machine Shop; and Trane US, Incorporated. 22 Monterey Mechanical Company; and Scott Co.

23 23

a4 24

25 25

Page 242

1 CHRISTINE TORESON, Perkins Coie, 180 Townsend} 1 ROBERT ROSS,

2 Street, Third Floor, San Francisco, California 94107, 2 previously sworn as a witness,

3 appeared on behalf of the Defendants Honeywell 3 testified as follows:

4 International, Incorporated; and Georgia-Pacific 4: MR. SOLOMON: Good morning. This is Eric

5 Corporation. 5 Solomon. Last night, or this morning, it came to my

6 6 attention that my client has a coupie of rog books

7 CONNIE LEAHY (by telephone), Sedgwick, Detert, 7 pertaining to years during which he served as an

8 Moran & Arnold, One Market Plaza, Steuart Tower, 8th 8 insulator. I believe I had one year for the '75, one

9 Floor, San Francisco, California 94105, was present on 9 for the year '76 and one for the year '79. I gave
10 behalf of the Defendant PG&E, 10 those to Early and I think she is already making il
11 11 arrangements to get a couple of copies made. I'm not
12 ALLISON B. SUROWITZ, Selman Breitman, 33 New | 12 - sure how many of you will want more.
13 Montgomery Street, Sixth Floor, San Francisco, 13 (Phone interruption.)
14 California 94105, appeared on behalf of the Defendants 14 (Off the record.)
15 Atlas Heating & Air Conditioning; and Douglass 15 MS. RASMUSSEN: You were.going to state
16 Insulation Company. 16 something on the record in reference to documents he
17 17 produced this morning? i
18 LINDA S. VOTAW (by telephone), Manatt Phelps & | 18 MR. SOLOMON: Right. I was in the middle of
19 Phillips, One Embarcadero Center, Suite 3000, San 19 ‘that. Okay. We did produce three logbooks pertaining
20 Francisco, California 94111, was present on behalf of 20 tothe years 1975, 1976, and 1979.
21 the Defendant Cal-Steam Supply, Incorporated. 21 Some copies are being made, but there will
22 . 22 probably have to be more made depending on how many
23 23 people want them. I'm not sure if he has other
24 24 iogbooks. But at this time that's all I could find.

4 (Pages 241 to 244)

Aiken & Welch Court Reporters R. Ross, Vol. II 2/21/08Aiken & Welch Court Reporters

Page 301 Page 303
1 A. Yes, ma‘am. 1 Q: Lunderstand that Western Asbestos had the
2 Q. Do you know what -- for what purpose the masks | 2 piping contract.
3 were provided to you? 3 A. Yes, ma'am.
4 MR. SOLOMON: Well, objection. That seeks the; 4 Q. And were there any other insulators, insulating
5 witness to speculate. Lacks foundation of personal 5 contractors at this site other than Western Asbestos?
6 knowledge. 6 A. Yes, ma'am.
7 Go ahead, sir. 7 Q. What other insulating contractors were at this
8 MS. RASMUSSEN: I'll strike the question. 8 site? - .
3 BY MS. RASMUSSEN: 9 MR. SOLOMON: Objection. The question ignores
10 Q. Were you ever told for what purpose the masks | 10 his prior testimony, so it's harassing and oppressive.
11 were provided to you? 11 Go ahead, sir.
12 A. No, ma'am. 12 ‘THE WITNESS: J.T. Thorpe & Sons.
13 Q. Were you told you were required to wear a mask? | 13. BY MS. NAGPAL:
14 A. No, ma'am. 14 Q.. And they were working on the boilers; is that
15 Q. Why did you wear a mask? 15 correct?
16 A. [personally wore a mask because asbestos and 16 A. Yes, ma'am.
17 fiberglass made me cough. So, I just eliminated that. 17 Q. And, do you know the brand or manufacturer or
18 Q. Would you wear the same mask al] day or would | 18 supplier of the insulating materials that J.T. Thorpe
19 you wear more than one different mask -- 19 was using?
20 A. No. 20 ‘A. I can't remember at this time.
21 Q. -- in any given day? 2i Q, Other than insulation on the pipes and boilers,
22 A. Just one day. One mask. 22 did you see anybody insulate any other equipment or
23 Q. Would you change the mask daily? 23 vessels? y
24 A. Yes, ma'am, 24 A. Ican't remember at this time.
25 Q. Did you ever attend any union meetings where 25 Q. What was the size of the Western Asbestos crew jf
Page 302 Page 304
1 the use of masks was discussed? 1 at this jobsite?
2 A. No, ma'am, 2 A. It varied. I'd say anywhere from 10 to 40 men.
3 Q. Did you ever receive any materials from your 3 MS. NAGPAL: Thank you, sir.
4 union regarding the use of paper masks or other types 4 That's all I have.
5. of respiratory equipment? 5 MR, SOLOMON: Anybody else in the room or shall
6 A. No, ma‘am, € we go to the phone?
7 MS. RASMUSSEN: Follow-up on the PG&E Pittsburg] 7 EXAMINATION BY MS. FOSTER LOVAS:
8 site? 8 Q.. You had mentioned some information at the site.
9 MS. NAGPAL: Good morning -- 9 A. Yes, ma'am.
10 MS. LEAHY: I have -- 10 Q. Is it true that John Hoyt, Roger Fonken and
1 MR. SOLOMON: Connie, we are going to go ahead =| 11 Donald Cox are all clients of Brayton Purcell?
12 and finish the table first, but we won't forget you. 12 MR. SOLOMON: Well, I don’t know if he knows
13 Anjali has some questions. 13 that or not.
14 MS. RASMUSSEN: J should have been more clear. 14 MS. FOSTER LOVAS: May I ask you or would you
15 We'll do follow-up in the room first. 15 be-- i
16 EXAMINATION BY MS. NAGPAL: 16 MR. SOLOMON: You can ask me anything you want. ||
17 Q. Sir, what insulating products were you using at 17. Only problem is I'm not under oath so I have no l
18 the PG&E Pittsburg facility in the 1960 time frame that 18 obligation to respond.
19 we're talking about? 19 MS. FOSTER LOVAS: Weill, do you choose to
20 A. Johns-Manviile. 20 respond?
21 Q. Anything else? 21 MR. SOLOMON: I could teil you that Roger
22 A. We used metal, the mastics that | mentioned. 22 Fonken is our client, John Hoyt, I don't know if he's
23 Eagle-Picher mud. 23 alive. He was our client. If he's alive, he's our
24 Q. Is that it? 24 client, Eddie Story is dead. Jack Kish is dead. Who
25 A. That's all I can remei sked ab

19
Vol.

(Pages 301 to 304)

R. Ross, Tr 2/21/08Page 505

1 time.
2 Q. And--
3 MR. SOLOMON: Tell you what. I'm not going to

4 out off your questioning, but just for today. I think
5 he's tired and he's had enough.

6 MR. SHIN: That's fine.

7 MR. SOLOMON; Can we go off the record?

8 MS, NAGPAL: Yes.

9 MR. SOLOMON: Resume tomorrow morning at 9:00,
10 (Whereupon, the deposition was adjourned
aL at 2:50 p.m.)
12 (Total time elapsed: 9 hours 19 minutes.)
13
14
is
16

SIGNATURE OF WITNESS
17 °
18
19
20
2.
22
23. ‘
24
25
. Page 506

1 STATE OF CALIFORNIA )

2 )

3° COUNTY OF ALAMEDA:: )

4
5 1, EARLY K. LANGLEY, do hereby certify:
6 That ROBERT ROSS, in the foregoing deposition
7 named, was present and by me swom as a witness ini the
8 above-entitled action at the time and place therein
3 specified:
10 ‘That said deposition was taken before me at said
11 time and place, and was taken down in shorthand by me,
12 a Certified Shorthand Reporter of the State of
13 California, and was thereafter transcribed into
14  typewriting, and that the foregoing transcript
15 constitutes a full, tue and correct report of said
16 deposition and of the proceedings that took place;
17 TN WITNESS WHEREOF, I have hereunder subscribed my
18 hand this 2nd day of March 2008.
19
20
ai
22
23

EARLY K. LANGLEY, CSR No. 3537
24 State of Califomia
25

ell -

70 (Pages 505 to 506)
Aiken & Welch Court Reporters R. Ross, Vol. If 2/21/08‘EXHIBIT 2EXHIBIT 1CURRICULUM VITAE

Richard Cohen, M.D., M.P.H.

P.O, Box 3717
Saratoga, CA 95070
(408) 395-9379 (Office)

EDUCATION

College University of Michigan

Medical School-M.D. University of Michigan

Internship General Rose Memorial Hospital
Denver, CO (Rotating)

Graduate Degree-M.P,H, University of California, Los Angeles
Schoo! of Public Health;
(Epidemiology)

Residency University of California, Los Angeles,
School of Public Health (Preventive
and Occupational Medicine)

LICENSE

California,

American Board of Preventive Medicine
~ General Preventive Medicine
- Occupational Medicine

HONORARY SOCIETIES AND AWARDS

William J, Bronstrom Memorial Prize, University of Michigan, 1967
Delta Omega Society, UCLA, 1975

American College of Preventive Medicine, 1977

American Academy of Occupational Medicine, 1984

WORK EXPERIENCE:

Private Practice of
Occupational Medicine and Industrial Toxicolory

1981-Present

1964-1967
1967-1971

1971-1972

1974-1975

1974-1977

1973

1977
1982

Provide consultative services to industrial and other clients regarding occupational medicine and industrial
toxicology. Included are interpretation and application of OSHA occupational health standards, and workplace
assessment and recommendations regarding existing health hazards; interpretation of industrial hygiene data with.
assessment of health risk; recommendations for preplacement, periodic or other medica surveillance evaluations;
review and approval of protocols and procedures for diagnosis and primary care by occupational health nurses and
first responders; interpretation of biological monitoring and medical surveillance data with recommendations, where

Richard Cohen MD MPH

~ appropriate, for further actions regarding health hazard identification and control; development of

EXHIBIT.administrative policies and procedures for management of occupational health programs; analysis of injury and
exposure data with recommendations, where indicated; development of programs for management and employee
training in medical, safety and industrial hygiene; assistance with the development, and implementation of
occupational health programs including patient evaluation, toxicity assessment, employee assistance and workers‘
compensation claims management; research or investigation in industrial toxicology including investigation of
illness clusters, ergonomic exposures and scientific literature review; provide expert testimony in epidemiology and
industrial toxicology; individual patient evaluation to determine the presence of acute or chronic occupational
ilfess; assessment and primary care of acute exposure to toxic substances; evaluation of job related disabilities in
conjunction with workplace ergonomic or chemical exposures; performance of preplacement and/or medical
surveillance physical examinations with interpretation of laboratory data. Teaching medical professionals industrial
toxicology, response to industrial medical emergencies, industrial spirometry, medical aspects of noise induced
hearing loss and physical assessment for nurses.

Clinical Professor 1998-Present
Division of Occupational and Environmental Medicine,

Department of Internal Medicine

School of Medicine

University of California, San Francisco

Provide lectures/rounds as part of post doctoral training to physicians on subjects including occupational
infections, ionizing radiation, non-ionizing radiation, preventive health programs, genetic screening, health hazards
of biotechnology, and occupational medicine practice; serve as a mentor to occupational medicine residents for
operational research and occupational medicine practice,

Director, Corporate Health & Safety Varian Associates, Inc. 1981-1999

Direct corporate medical, safety, industrial hygiene, and loss prevention programs and functions at a Fortune
500 diversified electronics manufacturing firm. Manage a staff of occupational health nurses, industrial hygienists,
safety and fire professionals and administrative support personnel, Provide counsel
and technical expertise to line management including the development of company-wide policies and procedures.
Fulfill responsibilities of the Medical Director and provide expertise in occupational medicine and in industrial
toxicology. Supervise and conduct health and safety audits including assessment of compliance with OSHA and
company health and safety requirements with recommendations to achieve compliance where indicated. Asa direct
report to the Vice President of Human Resources, participate as an active member of the Human Resource executive
staff interacting with all other major corporate functions and executives.

Director of California Occupational 1980-1981
Medical Consultants

Develop, implement and direct Fit-Med, an executive health examination and counseling center; provide
occupational medicine consultation similar to that described above under “Private Practice".

Assistant Chief Environmenta! Healt! ‘ige(Active Duty-Commander, USN) 1977-1980
Naval Regional Medical Center
San Diego

Commander, United States Navy, Medical Coms, acting as infectious disease and occupational health
epidemiologist for shore-based active duty Navy and civilian facilities in San Diego; provide technical and
administrative guidance to the occupational medicine program servicing approximately 90,000 military and 30,000
civilian workers in San Diego; clinical evaluation of patients referred from other physicians for possible
occupational illness; teaching industrial toxicology and occupational medicine to physicians, nurses, safety
personnel and line supervisors; provide counsel to senior and flag officers regarding preventive and

Richard Cohen MD MPH 2-occupational medicine; instructor in industrial toxicology at San Diego Community College and UCSD; clinicat
instructor University of California San Diego, School of Medicine; management of a department which included 8
industrial hygienists, approximately 15 sanitarians, 2 nosocomial infection nurses, industrial hygiene laboratory
staff and administrative support personnel.

Residency-Preventive and Occupational Medicine 1974-1977

Completed a residency in preventive and occupational medicine at the UCLA School of Public Health. The
first year included achievement of a Masters in Public Health specializing in epidemiology. The second and third
years consisted of field experience including assignments as the Assistant Chief of the Long Beach City Health
Department, consultation to the Long Beach Naval Shipyard in occupational health and epidemiology, consultation
to the Los Angeles Department of Health Services in Infectious Disease and Public Health Administration and work
as the nosocomial infection epidemiologist for LA County-USC Medical Center.

Kaiser Permanente, West Los Angeles 1975-1977
‘Urgent Care Clinic Physician

5
Diagnosis and treatment of non-traumatic adult medical illness.
neral Medic S.Navy(Lt) | 1972-1974

General practice of medicine aboard ship and ashore including emergency medicine. {Active duty Lieutenant, MC,
USNR) . :

PROFESSIONAL ORGANIZATIONS

American College of Toxicology, 1980-2002

American Occupational Medicine Association, 1979-1989

American Industrial Hygiene Association, 1983-1991

Western Occupational Medicine Association, 1979-2004

Wester Occupational Medicine Association, Board of Directors, 1985-1989
American College of Occupational and Environmental Medicine [989-2004

VITIES

Environmental Health Task Force, San Diego Lung Association, 1978-1980
Epidemiology Masters Degree Committee, UCSD, School of Medicine, 1978-1980
CalV/OSHA Advisory Committee on Trichloroethylene, 1980-1981

Bay Area Electronics Safety Group, 1980-1990

University of California, San Francisco, School of Medicine, Occupational
Medicine Residency Advisory Committe, 1984-1986, 1999-

Cal/OSHA Director's Advisory Committee, 1985-1987, 1990-1991

CaVOSHA Airbome Contaminants Advisory Committee, 1997-2004

UCSF Occupational Medicine Residency Curriculum Committee, 1998-1999
Editorial Advisor (Manuscript Reviewer), International Journal of Occupational and Environmental Health, 1995-
2004

Editorial Advisory Board, Official Disability Guidelines, 1997- 2008

PUBLICATIONS

Cohen, R., Mackey, K., Hymenolepis Diminuta Unresponsive to Quinacrine, West J. Med., 127: 340-
341, October 1977

Richard Cohen MD MPH 3Coyne, J., Cohen, R., Computer Assistance of the’ ‘infection Control Practitioner. Presented at the
annual meeting of the Association of Practitioners of Infection Control, Houston, May 1979

Cohen, R., Industrial Toxicology: A Practical Approach. Occupational Health Nursing, 28:9-12, June
1980

Cohen, R., Occupational Biologic Hazards. Occupational Health Nursing, 28:20-24, August, 1980

Cohen, R., Responding to Toxic Exposure Emergencies. Occupational Health and Safety, 49:35-37,
October 1980

Cohen, R., Organic Solvents: Avoiding Unsafe Solutions. Occupational Health and Safety, 50:14-19,
May. 1981

Cohen, R., Occupationat Lung Disease, Pneumoconioses. Occupational Health Nursing, 29:10-13 April
1981

Cohen, R., Toxic Exposures « What To Do. National Safety News, 124:59-61, October 198]

Cohen, R., Toxicology of Industrial Metals - Inorganic Lead, Occupational Heaith Nursing, 30:25-28,
November 1982 :

Cohen, R., Medical SurveiHance - Which Tests?
Occupational Health Nursing, 32:244-247, May 1984

Cohen, R., Reversible Subacute Ethylene Glycol Monomethy! Ether Toxicity Associated with Microfilm
Production: A Case Report, American Journal of Industrial Medicine, 6:441-446, 1984

Cohen, R., Radiofrequency and Microwave Radiation in the
Microelectronics Industry, Occupational Medicine: ~

State of the Ant Reviews, The Microelectronics Industry, 1(1):145-154,
January 1986

Cohen R, Contributing Author, Current Medical Diagnosis and Treatment 1987, Krupp MA, et al, (eds.) Appleton-
Lange, 1987.

Palchak, RB, Cohen, R., Ainslee, M., Hoemer, CL, Airbome Endotoxin Associated with Industrial-Scale
Production of Protein Products in Gram Negative Bacteria, Am. Ind, Hyg. Assoc. J., 49(8):420-421, 1988

Palchak, RB, Cohen, R., Hoemer, CL, Ainslie, M, Letter,
American Industrial Hygiene Association Journal (50), A-596, August 1989

Cohen, R., Adams, R., Radiation, (in} Occupational Skin Disease,

2nd Edition, Adams, R., 65-72, W.B. Saunders 1990

Cohen, R., Injuries Due to Physical Hazards, Chapter 11, (in) Occupational
Medicine, LaDou, J. (ed.), 106-131, Lange, 1990

Cohen, R., Occupational Infections, Chapter 15, (in) Occupational
Medicine, LaDo