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Humble Sand & Gravel9/17/2004
: "Extremely low break-down rate, allowing material to be used over several times." Dr. Bingham and Dr. Rose criticized this encouragement of reuse because each time flint is used, more particles are broken down to respirable size, thereby posing a greater danger to workers.
Humble sold flint to Spincote for abrasive blasting at its Odessa and Corpus Christi plants. Although the record does not reflect the size of either plant, Dr. Rose testified that he understood Spincote was a subsidiary of ICO, Inc., a company with some 1,400 employees in Texas, California, Wyoming, and Oklahoma. Ken Gray, the general manager of the Spincote subsidiary in 1984, testified by deposition at trial. He acknowledged that it was Spincote's obligation to be aware of safety requirements, to provide a safe working environment including proper respiratory equipment, and to train its employees in safety procedures. He testified that he relied on applicable regulations for safety information and not on any supplier's warning label or MSDS. But Gray also testified that in 1982, when he took over Spincote, he did not know that inhaling silica dust could cause silicosis; he knew only that silica dust was a nuisance and that breathing it was not healthy. He had himself, he said, walked through the dusty blasting building as often as twice a day without wearing any respiratory protection at all. As for when it was that he learned of regulations relating to abrasive blasting and that inhaling silica dust could result in silicosis and death, Gray expressed considerable uncertainty, indicating at various points that it was in the early 1980s, the mid-1980s, and maybe as late as December 1986. Gray did not know for sure whether Spincote's employees were ever told that inhaling silica dust could be fatal.
Eldon "Shorty" Workman, the Odessa plant manager in 1984, also testified at trial by deposition. He stated that he had worked in abrasive blasting in the 1950s and 1960s and that while he had always worn an air-fed hood, he had not become fully aware of the dangers of silicosis until after he had worked as a blaster for several years. By the time he became Spincote's plant manager he understood that breathing silica dust could lead to silicosis, an incurable lung disease, and death, and that it was his responsibility to provide employees with this information. He testified that Spincote's blasting employees were required to wear air-fed hoods, were reprimanded if they failed to do so, and were fired after three violations. Employees who worked around the dust but were not actually operating blasting nozzles were only required to wear paper masks, not hoods. Workman was not asked why, if he was fully aware of the dangers, he did not require everyone working around the dust to wear hoods at all times. He stated that employees were required to attend regular safety meetings where they were warned of the dangers of silica dust and instructed in the use of protective equipment. Like Gray, however, Workman could not say definitely whether employees were ever told that inhaling silica dust could be fatal.
Abrasive blasting at Spincote's plants was done inside a building in an area called the blast house. Gomez was hired to work as an "end grinder", a job that did not involve blasting but was performed in the dusty environment of the building. Gomez was given only a disposable paper mask that was held against his face with rubber bands. After his first month, Gomez was moved to "end cutter", a job that did involve blasting. At that point, he was provided an air-fed hood in addition to the paper mask and was shown how to use the hood properly. The hood, he said, slipped over his head and fit like a turtleneck around his neck. It
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