MehaffyWeber Houston|Beaumont HarrisMartin – New York Benzene Mock Trial Defense Industrial Hygienist Dr. Shanna Collie James G. Martingano MehaffyWeber Houston December 8-9, 2008 New York City

MehaffyWeber Houston|Beaumont Qualifications Education Education Training Training Practical Experience Practical Experience OSHA OSHA Consulting Consulting Legal Work Legal Work

MehaffyWeber Houston|Beaumont Scope of Testimony What she will say What she will say Discuss Industrial Hygiene Discuss Industrial Hygiene Prior printer case experience Prior printer case experience Familiar with scientific literature of occupational exposure and disease Familiar with scientific literature of occupational exposure and disease What she will not say What she will not say Not a medical doctor Not a medical doctor Not an epidemiologist Not an epidemiologist Not a warnings expert Not a warnings expert

MehaffyWeber Houston|Beaumont Edgar Williams vs. Chextron et. al Press Cleaner – Press Cleaner – Solvent Use Solvent Use Non-Hodgkin’s Lymphoma – NHL Non-Hodgkin’s Lymphoma – NHL Reviewed documents Reviewed documents No inspection No inspection No dose estimate No dose estimate No personal interview No personal interview

MehaffyWeber Houston|Beaumont Plaintiff’s Claims Solvents are “defective” because they contain benzene Solvents are “defective” because they contain benzene Solvents are “defective” because there is no warning that products contained benzene Solvents are “defective” because there is no warning that products contained benzene Solvents are “defective” because they caused Mr. Williams’ NHL Solvents are “defective” because they caused Mr. Williams’ NHL

MehaffyWeber Houston|Beaumont What is Industrial Hygiene Science and art devoted to the anticipation, recognition, evaluation, prevention, and control of those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health and well being, or significant discomfort among workers or among citizens of the community. Science and art devoted to the anticipation, recognition, evaluation, prevention, and control of those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health and well being, or significant discomfort among workers or among citizens of the community.

MehaffyWeber Houston|Beaumont Key Concepts Environmental Factors or Stresses Environmental Factors or Stresses Anticipation Anticipation Recognition Recognition Evaluation Evaluation Prevention and Prevention and Control Control Workers/Community Workers/Community sickness, sickness, impaired health and well being or impaired health and well being or significant discomfort significant discomfort

MehaffyWeber Houston|Beaumont Environment Factors/Stresses Work Environment Work Environment Printing Press Printing Press Los Angeles, CA Los Angeles, CA Large Piece of Equipment Large Piece of Equipment Constant Cleaning Required Constant Cleaning Required No Air Conditioning No Air Conditioning Ceiling Fan/Vents Ceiling Fan/Vents Products Products Solvents – Chextron 250, Chextron 325 and Solve-Central Mineral Spirits Solvents – Chextron 250, Chextron 325 and Solve-Central Mineral Spirits 3 Gallon Bucket 3 Gallon Bucket Applied with Rags Applied with Rags No Gloves/Respirator No Gloves/Respirator

MehaffyWeber Houston|Beaumont Application of IH Principles Anticipation and Recognition Anticipation and Recognition Benzene? Benzene? Solvent Content Solvent Content Chextron Solvent % Chextron Solvent % Chextron Solvent % Chextron Solvent % Solv-Central Mineral Spirits % (60 ppm. avg.) Solv-Central Mineral Spirits % (60 ppm. avg.)

MehaffyWeber Houston|Beaumont Application of IH Principles Evaluation Evaluation Benzene and NHL Benzene and NHL Printers and NHL Printers and NHL Prevention Prevention Not applicable Not applicable Control Control Not applicable Not applicable

MehaffyWeber Houston|Beaumont Application of IH Principles Significant Discomfort Among Workers Significant Discomfort Among Workers Protective Equipment Protective Equipment Gloves Gloves Coveralls Coveralls Eye Protection Eye Protection Respiratory Protection Respiratory Protection Environmental Controls Environmental Controls Improved ventilation Improved ventilation Disease vs. Discomfort Disease vs. Discomfort

MehaffyWeber Houston|Beaumont Benzene and Disease Not a medical doctor Not a medical doctor Familiar with scientific literature of benzene and occupational exposure Familiar with scientific literature of benzene and occupational exposure Significant Benzene exposure associated with increased risk of specific types of leukemia Significant Benzene exposure associated with increased risk of specific types of leukemia Wrong Disease Wrong Disease Wrong Exposure Wrong Exposure

MehaffyWeber Houston|Beaumont Dose Response Increase Dose results in increased Response – the more benzene, the more leukemia Increase Dose results in increased Response – the more benzene, the more leukemia Dose Estimate Dose Estimate Impact of Dose in this case Impact of Dose in this case

MehaffyWeber Houston|Beaumont Summary Wrong Disease Wrong Disease Wrong Exposure Wrong Exposure No evidence of dose No evidence of dose Mr. Williams’ illness unrelated to his work at Los Angeles News Mr. Williams’ illness unrelated to his work at Los Angeles News Some other environmental or hereditary cause Some other environmental or hereditary cause