MANUEL FIGUEROA et al v. AERCO INTERNATIONAL, INC. et al, 190247/2015, 234 (N.Y. Sup. Ct., New York County Aug. 7, 2017) (2023)

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO~ 190247/2015
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/07/2017
`
`the State of Missouri and is board—certified in anatomic, clinical and forensic pathology by the
`American Board of Pathology. He received his medical degree from St. Louis University School
`of Medicine, completed a residency in anatomic and clinical pathology at St. Luke’s Episcopal
`Hospital in Houston, Texas, and completed a fellowship in forensic pathology at St. Louis
`University School of Medicine.
`
`Dr. Graham may testify, live or by deposition, concerning his review of the medical
`records, pathology and/or work history of Plaintiff and Plaintiffs medical condition, and the
`cause of Plaintiffs medical condition. His testimony may also include discussion of asbestos and
`its effect on human health generally and Plaintiffs specifically, and the effect
`that other
`substances have on human health generally and Plaintiffs condition specifically. Dr. Graham.
`may also testify regarding the medical conditions of Plaintiff based on review of medical
`records, x-rays, Plaintiffs experts’ reports and supplemental reports and his training, experience
`and other special expertise. Further, Dr. Graham may testify concerning the increased risk, if
`any, of cancer faced by asbestos exposed workers and the prognosis of such individuals.
`
`Dr. Graham will offer his opinions based upon his knowledge, skill, experience and
`training, as well as his review of the relevant medical and scientific literature. He may testify
`about his review of plaintiffs work history, medical condition,
`including asbestos-related
`disease, and medical records, including tissue and pathology. He may also testify about the
`diagnosis or lack of diagnosis of an asbestos-related disease and the etiology of such disease. He
`may also testify regarding the pathology and epidemiology of asbestos—related diseases,
`including as they relate to exposure to different types of asbestos fibers, different levels of dose
`and different types of asbestos—containing products. Dr. Graham may, on the basis of plaintiff 5
`exposure history, offer his opinion as to which, if any, of plaintiffs exposures to asbestos-
`containing products were likely to have been a substantial contributing cause of that plaintiffs
`disease.
`It is expected that Dr. Graham also will testify that plaintiffs exposures to lngersoll
`Rand products, if any, were not a substantial contributing cause of any disease suffered by
`plaintiff.
`
`Dr. Graham may also testify about any matters discussed by other witnesses in these
`cases or any other matters within his expertise relevant to these cases. He may also testify in
`rebuttal to testimony by plaintiffs experts in his area of expertise.
`
`In addition, if called to testify, either live or by deposition, Dr. Graham is expected to
`provide testimony regarding the areas stated below:
`
`(1)
`
`(2)
`
`(3)
`
`(4)
`
`the anatomy and function of the respiratory and circulatory systems, including
`the protective systems of the body with regards to the inhalation and retention of
`dust, and the diagnosis and treatment of disease affecting such systems;
`
`the nature of asbestos and asbestos-related diseases;
`
`the symptomatology, disease process and diagnosis of asbestosis and cancer
`associated with the respiratory system, peritoneum and peritoneal cavity;
`2 of 24
`the nature and extent of medical and scientific knowledge regarding ally
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO~ 190247/2015
`
`
`
`
`
`RnCnIVnD VYSCEF: 08/07/2017
`
`(5)
`
`the effect of exposure to substances other than asbestos on the development and
`manifestation of obstructive and restrictive conditions and diseases of the
`
`respiratory system and other causes of obstructive arid restrictive disease or
`defects of the respiratory system;
`
`(6)
`
`(7)
`
`(8)
`
`(9)
`
`methods of diagnosis of various diseases, especially the means of establishing the
`differential diagnosis of alleged asbestos—related diseases with other non-
`asbestos—related diseases;
`
`incidence of lung cancer among individuals with asbestosis or asbestos exposure
`as compared to non-asbestotic asbestos workers, non—asbestos exposed workers
`and to the general population;
`
`cigarette smoking and its effects on the lungs and other organs;
`
`the relationship of cigarette smoking to cancer of the lung and cancers of other
`body parts with reference to epidemiology studies and physiologic effect;
`
`(10)
`
`the difference between impairment and disability;
`
`(11)
`
`the effect of asbestosis or other asbestos-related disease, or asbestos exposure
`without asbestosis or other asbestos—related disease, on disability and life
`
`expectancy;
`
`(12)
`
`the lack of relationship between the presence of pleural plaques and a later
`development of any form of cancer;
`
`(13)
`
`the history of evolution and knowledge of asbestos related diseases;
`
`(14)
`
`(15)
`
`(16)
`
`the import of any exhibit introduced as evidence, or any items prepared for use or
`used for demonstrative purposed by any witness;
`
`cancer incidence in the general population and among asbestos workers and its
`potential causes;
`
`the incidence of mesothelioma among various kinds of workers exposed to
`asbestos, and the relative importance of various fiber types and the cause of
`mesothelioma; and
`
`(17)
`
`to the extent not covered above, asbestos medicine in general.
`
`(18)
`
`the medical and general state of the art as it relates to asbestos exposure and
`diseases.
`
`3 of 24
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX NO~ ”0247/2015
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`08/07/2017
`
`
`
`2.
`
`Brvan Hardin. Ph.D.. A.T.S.
`Veritox
`
`18372 Redmond-Fall City Road
`Redmond, Washington 98052
`
`Dr. Hardin retired as an Assistant Surgeon General with the United States Public Health
`Service (USPHS) and is a former Deputy Director of the National Institute for Occupational
`Safety and Health (NIOSH). He served 28 years as a commissioned officer in the USPHS
`assigned to NIOSH. He is a Fellow of the Academy of Toxicological Sciences, an associate
`member of the American College of Occupational and Environmental Medicine, and a full
`member of the American College of Toxicology, the American Industrial Hygiene Association,
`the Society of Toxicology, and the Teratology Society.
`
`If called to testify at trial, Dr. Hardin may testify as to the state of the art with regard to
`asbestos in the scientific, medical, and industrial communities, and in particular of the evolution
`of knowledge regarding the effects of asbestos exposure and its control during the time period
`relevant to this case. Dr. Hardin may also testify as to the various standards for exposure to
`asbestos, such as TLVs and OSHA-promulgated PELs, and their evolution throughout time. He
`may testify about scientific methodology, results, technology, conclusions and reporting with
`regard to asbestos and other substances and the evolution of such areas throughout time.
`
`Dr. Hardin may testify about the development of knowledge of the potential risk of
`various substances in general, and asbestos in particular. He may testify about the risks
`generally appreciated and understood at various points in time during the twentieth century by
`the medical and regulatory communities as a result of exposure to asbestos-containing products,
`and whether it was understood that such exposures presented a risk of harm to individuals. Dr.
`Hardin may testify about
`the development of knowledge regarding the dose-response
`relationship between exposure to asbestos and disease, and other related matters. He may testify
`about the state of the art relative to asbestos fiber type distinctions and their effects on humans,
`as well as the state of the art of occupational medicine issues relating to asbestos, including but
`not limited to the use of asbestos-containing materials on work sites and the assessment of the
`risk of exposure under various working conditions.
`
`Dr. Hardin may respond to expert testimony or opinions offered on behalf of Plaintiff,
`including but not limited to testimony, if any, regarding state of the art, the evolution of the
`knowledge of the effects of asbestos exposure, issues regarding Plaintiff’s exposure and disease
`causation, issues of disease causation in general, and standards and regulations applicable to
`asbestos use and exposure Dr. Hardin may also analyze the methodology, protocol or other bases
`for expert testimony or opinions offered on behalf of other parties to this case.
`
`4 of 24
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX N0~ 190247/2015
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`08/07/2017
`
`3.
`
`John W. Spencer. CIH. CSP. RS
`8815 Centre Park Drive, Suite 311
`Columbia, Maryland 21045
`Phone: 410—964-9900
`
`Mr. Spencer is an industrial hygienist. His field of expertise is occupational safety and
`health. He may testify regarding the development and use of threshold limit values and the
`promulgation of state and federal regulations concerning the use of asbestos and exposure to
`asbestos in occupational settings. He may testify regarding technical state of the an and
`scientific knowledge regarding asbestos, asbestos exposure and related industrial hygiene
`practices. He may testify about the nature of the working environment in facilities such as those
`where plaintiffs worked. He may also testify about ability or inability of certain asbestos
`products identified by the plaintiffs to release asbestos fibers and about tests of such products.
`He may also testify about other asbestos products identified by plaintiffs that are generally
`known to be in a working environment similar to plaintiffs. He may also testify regarding the
`chronology and meaning of governmental or other regulations regarding permissible levels of
`airborne asbestos fibers. He will testify about tests he conducted on Ingersoll Rand equipment,
`the results of those tests and about any and all opinions and the basis of such opinions regarding
`the results of those tests. He may also testify regarding any personal inspection of the facilities
`at issue and/or a review of any documents regarding the facility at issue herein. Mr. Spencer will
`also testify regarding warnings related issues and the efficacy and/or necessity or feasibility of
`warnings pertaining to asbestos as regards Ingersoll Rand pumps and other equipment.
`
`Mr. Spencer may also testify in accordance with his report of August 24, 2001, attached.
`He may also testify about any matters discussed by other witnesses in these cases or any other
`matters within his expertise relevant to these cases. He may also testify in rebuttal to testimony
`by plaintiff s experts in his area of expertise.
`
`4.
`
`Charles D. Stauffer. P.E. (Deceased)
`
`Stauffer & Associates, Inc.
`6800 West 100th Street
`
`Overland Park, KS 66212
`Phone: (913) 649-1917
`
`Charles Stauffer was a Professional Engineer and President of Stauffer & Associates.
`Mr. Stauffer had a Masters in Mechanical Engineering from Lehigh University. Mr. Stauffer had
`thirty—one years of experience in pump design in the engineering departments of Ingersoll Rand
`and Fairbanks Morse, followed by an additional twenty—two years of experience from consulting
`projects related to pumps and pumping systems. His experience included all phases of design for
`a wide variety of pump types and sizes for various applications, including responsibility for
`special order engineering, special application engineering, research and development, quality
`assurance, test and field service functions. Mr. Stauffer also served as a member of committees
`of ANSI and the Hydraulics Institute.
`
`5 of 24
`Mr. Stauffer’s prior deposition transcripts may be offered to provide information
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX N0~ 190247/2015
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`08/07/2017
`
`installation, repair and maintenance relating to commercial and industrial facilities, marine and
`US. Navy vessels, generally and relating to worksites in this case. In his transcripts Mr. Stauffer
`discusses job duties, typical work efforts, and work environments of various construction and
`industrial trades at facilities, union and non-union.
`
`Mr. Stauffer’s transcripts may be offered to address components of Ingersoll Rand pumps
`and any use or non-use of asbestos with or around any such equipment or machinery based upon
`his experience as a design engineer, project engineer and supervising engineer of Marine &
`Navy, at Ingersoll Rand from 1953—1964, and subsequent experience as a professional engineer
`in pump design and operation. His transcripts may further be offered to address standards of
`pump design issued by ANSI, ASME, Hydraulics Institute and other design standards as well as
`address Navy contracts and the logistics of supplying US Navy with pumping equipment from
`the time of the original
`invitation for bids through to the delivery of the finished product
`including testimony regarding MIL Specs which had to be followed and the oversight provided
`by the US Navy in the design and fabrication process.
`
`5.
`
`Gerald Swimmer gFact Witness)
`
`Mr. Swimmer is expected to testify as a corporate witness for Ingersoll Rand, and will
`provide testimony regarding issues concerning equipment manufactured by Ingersoll Rand. Mr.
`Swimmer is knowledgeable with respect to corporate policies, products manufactured,
`the
`manner in which products were supplied or sold, corporate records and otherwise generally
`knowledgeable with respect to Ingersoll Rand corporate matters. He is expected to testify
`regarding Ingersoll Rand product(s) claimed to be at issue in this case, and may respond to
`testimony from other witnesses with respect to Ingersoll Rand products.
`
`6.
`
`Thomas F. McCafferv
`107 S. West Street Suite 107
`
`Alexandria, VA 22314
`
`Thomas F. McCaffery is President of McCaffery & Associates, Inc., which engages in
`the analysis of US. Navy ship design, development, construction, and maintenance. He is an
`expert in the identification and analysis of US. Navy and Merchant ship design, development,
`construction, maintenance and repair records, plans, and photographs. In addition to this primary
`research, he also researches US. Navy personnel records and Navy/military specifications,
`qualified product lists and related records. This research, combined with his experience, training
`and education has provided him with a unique grasp of the Naval and maritime practices and
`policies from the 19405 through the 19703. He received his BS. from the US. Merchant Marine
`Academy, an MBA. from Georgetown University and a diploma from the US. Naval War
`College’s College of Command and Staff. Mr. McCaffery previously served as a licensed officer
`aboard every type of vessel in the US. Merchant Marine, including Very Large Crude Carriers,
`Handy Sized Tankers, General Cargo and Dry Bulk Carriers. He is a retired US. Naval Reserve
`Commander who has served as a consultant to the US. Navy. He is also a member of the
`Society of Naval Architects.
`
`6 of 24
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX N0~ 190247/2015
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`08/07/2017
`
`
`
`the use of asbestos-containing products aboard ships in a variety of
`specifications for
`applications, including, without limitation, boilers, steam lines, insulation main propulsion and
`auxiliary systems. He may also testify regarding research, development, design, engineering and
`procurement practices of the US. Navy regarding asbestos—containing materials,
`including,
`without
`limitation, amosite asbestos on specific US. Navy ships. He may further testify
`regarding how these documents are created, maintained, and archived, as well as their
`significance. Mr. McCaffery may also testify about Plaintiff s opportunities for exposure to
`asbestos-containing materials onboard United States Navy, US. Coast Guard and Merchant
`vessels.
`
`Mr. McCaffery may provide testimony on his research of Qualified Product Lists with
`respect to the products used aboard various ships, as well as his research regarding documents
`relating to Navy and/or Coast Guard ships.
`
`7.
`
`Michael Covle. Rear Admiral. USN gRet.)
`300 Exelon Way
`Kennett Square, PA
`
`Rear Admiral Michael Coyle, US. Navy, Retired, has a Bachelor of Science degree (US.
`Naval Academy, 1965) and a Master of Science degree in Mechanical Engineering (US. Naval
`Postgraduate School, 1976). Adm. Coyle served in the United States Navy on active duty for 33
`years before retiring as a Rear Admiral (RADM) in 1998. Adm. Coyle can testify about:
`(a)
`naval shipbuilding, conversion, repair and maintenance in general, (b) the various materials used
`in ship construction and repair,
`(c) shipboard, shipyard and Navy practices during ship
`construction and repair, (d) the responsibilities and involvement of shipboard and shipyard
`personnel (both naval and civilian) and outside contractors during ship construction, conversion,
`repair and maintenance, (e) naval supply and procurement, and (f) the government's involvement
`in the specification of materials used in ship construction and repair. Adm. Coyle has agreed, if
`called, to testify at the trial of this matter and will be sufficiently familiar with the pending action
`to submit to a meaningful oral deposition concerning any opinion and its basis.
`
`Adm. Coyle may also testify about any matters discussed by other witnesses in these
`cases or any other matters within his expertise relevant to these cases. He may also testify in
`rebuttal to testimony by plaintiff’s experts in his area of expertise.
`
`8.
`
`Jobsite and Co—Worker Witnesses
`
`Ingersoll Rand reserves its right to call any jobsite or co-worker witness, whether
`identified by Plaintiffs, on any Plaintiffs’ witness list, or Answers to lnterrogatories, or in
`deposition, on any party’s witness list, or whether otherwise discovered
`
`9.
`
`General Disclosures
`
`7 of 24
`Ingersoll Rand’s investigation is continuing and it reserves the right to supplement this
`witness list.
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX N0~ 190247/2015
`
`
`
`
`
`
`RnCnIVfiD VYSCEF:
`08/07/2017
`
`Ingersoll Rand reserves the right to call all defense medical witnesses and any physician
`who has seen, examined, treated and/or autopsied Plaintiffs or Plaintiffs’ pathology, chest x—rays
`and/or PFTs, Plaintiffs’ treating physicians regarding evaluation, diagnosis and treatment of
`injuries and/or medical conditions incurred by Plaintiffs during their lifetime, regarding the
`effects of these illnesses and/or injuries on Plaintiffs’ life, general health, physical abilities and
`life expectancy.
`Treating physicians are listed by Plaintiffs in Plaintiffs’ Answers to
`Interrogatories and Witness Designations.
`
`Ingersoll Rand reserves the right to call additional expert witnesses and request additional
`opinions from its expert witnesses to rebut the options offered by Plaintiffs or any other parties'
`expert witnesses.
`In addition, Ingersoll Rand reserves the right to call any and all expert witnesses
`identified and designated by other parties to this litigation, to the extent not inconsistent with
`positions taken by Ingersoll Rand.
`
`Ingersoll Rand reserves the right to call any witnesses (expert, fact or corporate) identified
`by Plaintiffs, or any other party in these cases, including but not limited to product identification
`witnesses, co-workers and family members, and incorporates these witnesses in this designation, to
`the extent not inconsistent with positions taken by Ingersoll Rand.
`
`Ingersoll Rand reserves the right to call any other person identified as a potential witness
`by any other party to the litigation.
`
`Ingersoll Rand further reserves the right to call any expert and/or fact witness whose
`deposition appears in any of the parties’ witness or deposition designations, whether or not such
`party is still a party at the time of trial.
`
`Ingersoll Rand reserves the right to name additional witnesses, based upon further
`evaluation of information gathered prior to trial, and/or new information, or
`testimony
`concerning Plaintiffs medical condition or subsequent availability of pathology, chest x—rays and
`medical records, or to name additional witnesses to address non-medical claims by Plaintiffs that
`may arise prior to trial.
`
`Ingersoll Rand also reserves the right to use any affidavits, depositions, answers to
`interrogatories, witnesses, exhibits and answers to requests for admissions made by any party to
`this action, whether or not such party is still a party at the time of trial.
`
`Ingersoll Rand reserves the right to call any expert witness identified on the expert
`witness designations of any parties to this action to the extent not objectionable to this
`Defendant.
`
`Ingersoll Rand reserves the right to call as a witness any corporate representative of any
`defendant and/or corporate representative identified on the witness designations of any party to
`this action to the extent not objectionable to this Defendant. Defendant specifically reserves the
`to call any party to testify, either in person or by deposition, as a witness during
`Defendant’s case in chief be that a specific Defendant office, director or employee; a
`8 of 24
`Defendant’s “person most knowledgeable” as designated by said Defendant; a Defendant‘s
`issue; a person who explicitly or
`current or former employee with knowledge of facts at
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`3F DOC. NO. 234
`
`INDEX NO' ”0247/2015
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`08/07/2017
`
`
`
`Defendants. Defendant also reserve the right to designate the prior depositions or trial testimony
`of such witnesses and read said testimony to the jury pursuant to the appropriate provisions of
`the CPLR and the CMO.
`
`Ingersoll Rand reserves the right to call as a witness any custodian of medical, corporate,
`govemmental, or other
`records to the extend such testimony is needed for the proper
`authentication of documents.
`
`Ingersoll Rand reserves the right to call as a witness any of the Plaintiff’s medical
`providers or treating physicians.
`
`Ingersoll Rand reserves the right to call any witness listed on the witness designation of
`any party, either
`live or by deposition or previous trial
`testimony for
`the purpose of
`impeachment, rebuttal or any other purpose the law allows.
`
`Ingersoll Rand disclaims any duty to call any witness at trial by virtue of their being
`identified or references in this disclosure.
`
`Dated: Holmdel, New Jersey
`August 7, 2017
`
`Yours etc.,
`
`PASCARE
`
`WITArPLL-C,
` BY:
`
`
`
`Lisa M. Pascarella
`
`Attorneys for Ingersoll Rand Company
`2137 Route 35, Suite 290
`
`Holmdel, New Jersey 07733
`
`9 of 24
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`
`INDEX NO' ”0247/2015
`
`
`
`
`
`R«.c«.Iv«.D \IYSCEF: 08/077’201‘7
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`Report of Findings
`
`Exposure Assessment: An Evaluation of the Actual
`Contribution ofAirborne Asbestos Fibers from the
`Removal and Installation of Gaskets and Packing from
`Ingersoll-Rand Compressors and Pumps
`
`EPI Project No. 21104
`
`Prepared for:
`Thomas W. Tardy, Esquire
`Forman, Perry, Krutz & Tardy, PLLC
`1200 One Jackson Place
`
`188 East Capitol Street
`Jackson, Mississippi 39225
`
`24 August 2001
`
`Prepared by:
`
`
`Emnnnmum Pnonus, Inc.
`John W. Spencer, CIH, CSP
`813 Frederick Road
`
`Baltimore, Maryland 21228
`(410) 744-0700
`
`10 of 24
`(410) 744-2003 Fax
`
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`190247/2015
`
`INDEX NO~
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`
`
`
`
`
`NYSCI3F DOC. NO.
`234
`RnCfiIVfiD \IYSCEF:
`08/07/2017
`
`lngersoll-Rand Evaluation - Summary Report
`[5?] Project No. 21104
`24 August 2001
`Page 2
`
`The purpose of this report is to summarize the procedures and results relating to the
`evaluation of exposure to asbestos while working with an Ingersoll-Rand compressor and
`pump. This evaluation included one day of gasket and packing replacement on an air
`compressor and one day of gasket and packing replacement on a motor-driven pump. An
`experienced mechanic and an assistant performed the gasket and packing replacement.
`An industrial hygienist was present in the test chamber to observe and document the work
`practices. The work was performed on the 16'h and 17‘h of July, 2001.
`
`The client provided one Ingersoll-Rand Model ES—l reciprocating air compressor
`(Photograph 1) and one Ingersoll-Rand Model GTR motor—driven pump (Photograph 2).
`The air compressor was manufactured and delivered to the US Army in 1943, and was
`initially used in California. The motor-driven pump was manufactured to API
`specifications for refinery service, and was delivered to a customer in California in 1971.
`
`Methods
`
`The study was conducted in an isolation chamber constructed of nominal 2-inch by 4~
`inch lumber and 6-mil polyethylene sheeting (Photographs 1 and 2). The chamber
`measured approximately 20 feet by 20 feet by, 10 feet (20’x20’x10’), or approximately
`4,000 cubic feet. The evaluation of activities was conducted in a static environment (eg.
`no ventilation or air circulation) within the chamber. Baseline air samples were taken
`within the chamber prior to conducting the first (air compressor) evaluation. An
`independent laboratory using the Environmental Protection Agency, Asbestos Hazard
`Emergency Response Act (AHERA), Transmission Electron Microscopy (TEM) method,
`analyzed the baseline air samples to determine background asbestos fiber levels, if any.
`(See Table I for results of baseline sampling).
`
`
`
`Pholograph I ~ View of Test
`Chamber. Showing General
`('ont'igurauon ot‘Chambcr and
`Staging Area.
`
`Photograph 2 . Close-up ot‘Chambcr
`Entrance and Staging Area
`
`Following the air compressor evaluation and prior to the pump evaluation, the chamber
`was cleaned with amended water and a ventilation unit fitted with High Efficiency
`Particulate Air (HEPA) filters. Baseline airborne asbestos levels were re-established for
`the pump evaluation through the collection of air samples and analysis using the AHERA
`TEM method. Baseline air samples were obtained from within the test chamber and the
`staging area.
`
`11 of 24
`During each day ofthe evaluation, air monitoring was conducted. Personal and work
`area samples were collected and analyzed in accordance with the NlOSH 7400 air
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`INDEX NO~
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`
`
`
` NYSCI3F DOC. NO.
`
`234
`R*.C*.IV*.D \lYSCEF:
`
`
`
`190247/2015
`
`0870 772017
`
`lngersoll-Rand Evaluation — Summary Report
`EPI Project No. 21104
`24 August 200]
`Page 3
`
`outside of the chamber, and on the personnel performing and observing the work. Six
`area air samples were collected inside of the chamber each day of testing. The samples
`were located equidistant from the work at 5- and 10-foot intervals, and were placed at
`points SE, SW, NE, and NW from the center. One area air sample was collected in the
`staging area/air lock, one area air sample was collected at the outside entrance to the
`chamber, and one area sample at the exterior east side of the chamber. The personal air
`samples were collected using two sampling pumps on each of the three individuals in the
`chamber during the gasket and packing replacement procedures. Each individual was
`fitted with a personal sampling pump to collect full shift (8 hour) samples and an
`additional sampling pump to collect task-based air samples. The task-based personal air
`samples were collected'to evaluate each individual aspect of the replacement operation.
`An additional full-shift air sample was collected from the breathing zone of the industrial
`hygienist who was monitoring the work. Two blank sample cassettes were also
`submitted for analysis in accordance with the NIOSH 7400 Sampling and Analytical
`Method. All personal and area samples were submitted to an independent, qualified
`laboratory in keeping with the appropriate scientific practices. The exterior of the air
`compressor and the motor—driven pump were pressure washed and coated with a clear
`coat of spray lacquer prior to being placed into the test chamber.
`
`Bulk samples were obtained of the new, replacement gasket material as well as of the
`gasket material that was removed from each piece of equipment. Likewise, bulk samples
`were obtained of the new, replacement packing material as well as the packing that was
`removed from each piece of equipment. The samples were submitted to a qualified
`independent laboratory for analysis by Polarized Light Microscopy (PLM), EPA method
`600/R—93/1 16, for asbestos content and type.
`
`The following procedures were used on each day of the evaluation:
`
`Compressor and Pump Gasket and Packing Evaluation
`
`TEST DAY I — 16 July 2001; Removal and Replacement of Gaskets and Packing
`from Air Compressor
`
`The work on the air compressor was initiated with the removal of eight outlet valve cover
`plates from the body ofthe compressor (Photograph 3). Once the cover plates were
`removed, two copper shrouded gaskets were removed from each opening, for a total of lo
`gaskets (Photograph 4).
`
`
`
`Photograph 3 Removal ot'Oullct
`Valve (‘m crs from Compressor Body.
`
`Photograph 4 A Detail ofOutlul Valve
`12 of 24
`Opening. Shtmmg two Copper
`Gaskets lnsnde.
`
`

`

`FILED: NEW YORK COUNTY CLERK 08/07/2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO. 190247/2015
`
`RECEIVED NYSCEF: 08/07/2017
`
`FILED: NEW YORK COUNTY CLERK 08m2017 04:03 PM
`NYSCEF DOC. NO. 234
`
`INDEX NO' 190247/2015
`
`
`
`
`«IVaD VYSCEF: 08 07 2017
`
`lngersoll-Rand Evaluation - Summary Report
`EPl Project No. 21104
`24tAugus