Pages 2 - 6O deleted entirely; exemption Folder 3 of 9 1 of 182 U. S. Deparlme ol' Folder 3 of 9 61 of 182 Dis-a! Folder 3 of 9 62 of 182 Folder 3 of 9 022310 - MONA LISA 1 EXAMINATION UNDER OATH 0F MONA LISA DIXON rnLen at the LaFont Inn. 2703 Denny Avenue. Pascnqou1a. Miss1ssipp?. on 1uesday, February Lhe 23rd, 2010, beg1nning at 9:05 a.m. uu~upquUHHIIJ9chy QHU Hea1th Adm1n1strat1on U.S. Department of gabor 3780 I-55 yorgh,?5u3te 210 Jackson, M1ss1ss1pp1 39211-6365 5n1-onu-Acna INDUSTRIAL HYGIENIST. JACKSON AREA OFFICE APPEARANCES: (Continued) Page 1 63 of 182 -Folder 3 of 9 029310 - MONA LISA DIXON.EXE Occupationai Safety and Iea1Lh Administration U.S. Department of Labor 61 St., S.w. RM GTSO Atianta,??sorgia 30303 AHA SAFETY ENGINEER, ELECTRICAL ENGINEER AFLANTA REGIONAL OFFICE ROLESIA BUTLER DANCY. ESQUIRE U.S. Department of Labor 61 ht.. s.w. RM 7T10 Arianta. Georgia 30303 404-302-5457 OFFICE OF THE SOLICITOR EDWIN G. FOULKE. JR.. ESQUIRE Fisher Phillips. LLP 1500 Resurgens Plaza 945 East Paces Ferry Road ALlanta. Georgia 30326-1125 APPEARING ON BEHALF OF VT HALFER WARINE. INC. REPORTED BY: Dee Dee Boykin Certified court Reporter ws CSR NO. 1798 AL ACCR N0. 489 MONA LISA DIXON, having been duly sworn, was examined and testiFied as follows: Q. Okay. wou you state your Fu 1 Page 2 640f182 ?0me Folder 3 of 9 022310 - MONA LISA name? A. Nona Lisa Dixon. Q. And the company you're empioyed by? VT Haiter Marine. Incorporated. Q. Job title? A. Corporate safety compliance manager. Q. How long have you been the safety corporate compliance manager? A. In that position, going on four years. Q. And do y0u superv1se other empioyees? A. Yes. sir. I supervise the safety reps at a1} three faci1ities. Q. How many and what are their names? a additions. Q. You've been corporate safety for four years. what did you do before than? n. I was a safety rep at the Moss Point narine faciTity. Q. For how iong? A. I've been there since '03. so Page 3 65 of 182 Folder 3 of 9 022310 - MONA LISA and I was promoted in ?06. Q. And stiIT for VT Haiter Marine? Yes. sir. 0. Okay. what were your duties as the safety rep? A. Generai facility compliance, employee comp1iance with the company po1icies and procedure, PPE. responsib1e for retorts. safety training. orientation. Q. Are you FamiIiar with the OSHA Maritime Standards? A. Yes. sir. Q. what -- what -- briefly. give me tel} me about your knowledge about the OSHA Maritime Standards. A. we11. that's broad. Q. Just anything that's pertaining to shipbuiiding and A. We11. it wou1d invo1ve confined Space. 15 there a specific question? I mean. 1ike I say, that's kind of broad. Q. We11. we're interested more in confined space activity From a maritime perspective. You're fami1iar with OSHA - Page 4 66 of 182 10 11 12 Folder 3 of 9 022310 - MONA LISA onON.txt speC1fica11y W1th OSHA's confined Space Standard. I'm showing you a copy of our iatest Confined Space Reguiation Bookiet. a. Yes. sir. Q. Are you Familiar with the Code of Federa] Regulations -- A. Yes. Q. -- as it relates to maritime attiviiy? A. Yes. Q. okay. And. more specificaiiy, the confined Space portions of those maritime LI regulations? A. Yes. Q. And how did you come to be with those? A. Training. 0. Wouid you be more specific about the type of training.you've had? A. Wei}, I've been in the industry since 1997. I've had the OSHA 30-hour course. I took the I took a course with Warren Nationa] university. as a safety engineer. 0. Okay. AS far as a competent person 'e?atec training, have you "ad anything A. I have receitiy been certified as a corpetent person. Q. And "recentiy" meaning how? Page 5 67 of 182 Folder 3 of 9 022310 - MONA LISA A. It's been in the 1a5t few weeks. Q. Okay. Before then you were not A. No, sir. Q. -- certified. but you ?ere familiar with a computent-person~type activity? A. Yes. sir. Yes. sir. 0. Okay. How iong -- exactiy how long have you worked for VT Ha1ter marine? A. Since July of '03. Q. Do you have any copies of any confined space standards in your office or any consensus standards or industry standards reiated to confined space? A. Yes. sir. Q. okay. VT Haiter does have a confined space program. correct? A. Yes. sir. Q. Let's get back to those standards that you have. Tell us exactly which standards you -- you referenced standards ?n your officv. which ones do you have? n. We have the OSHA Standards. Q. Any of tie conf ned I mean. the consensus standards re1ated to confined space activity? A. I'm not sure on that. Q. ANSI or anything of that nature? Page 6 68 of 182 "Folder 3 of 9 02?310 - MONA LISA DIXON.CXE A. I'm not SUre on that. And. for the record. ANSI. American National Standards Institute. 8 Q. were you aware of any confined spaces on vessels being ceistructed at the VT Halter lacility in Escatawpa. arior to the accident in November? A. Yes. Q. could you explain? When you said. "yes." could you explain -- A. Well, we've -- we've built several of the -- rhe tug units that at that Facility. and all of which would have confined spaces. 0. That was prior to November 20th? A. Yes. sir. Q. when you say, "several," that's in a couple of years? A. Yes. Q. could you be mone specific? How many -- how many of those tugs do you guys do per year? A. I can't answer that. Q. okay. How many do you recall over the - over the years that you're familiar with? A. I know we've done at least six. Page 7 69 of 182 Folder 3 of 9 022310 - MONA LISA DIxou.txt 9 Q. okay. Is there a time period you can assoc ate with 51x? During my tenure there. Q. okay. which wouid have been Since 2003. right? A. Yes. sir. Q. And you said you knew that those vesseis would have confined spaces in them. And do you mean -- when you say. ?in them." what are you referring to about a confined Space within the vessei? A. That would be an area. a compartment. that had 1imited access or egress. Q. Can you identify any -- any of those areas by some specific names? A. They would be void tanks. It wouid be inner bottom tanks. Q. Bath wou1d be confined space? A. Yes. sir. Q. And your definition of a confined space is? A. Any area with 1imited access 0r egress. Okay. .C Q. Have you ever entered a confined Page 8 70 of 182 meU'l-Folder 3 of 9 022310 - MONA LISA space at VT Haiter in Escatawpa -- A. Yes. sir. Q. -- or any other sites? A. Yes, sir. Q. Okay. why? why did you have to enter? A. I've entered them to when we've had an injured employee. to remove them from the area. Q. That was back when you were working as a safety rep? A. Both; then. as we11 as my position HOW . 0. Prior to November, the incident A. Yes. Q. -- that occurred in November? A. Yes. Q. Cou1d you give us some detai15 about that those incidents? A. we had an incidence where an employee and Fractured his ank1e. and he couidnthe nature of his injuries. so we had to get him out. Q. This was on a vesse1? Yes, sir. 0 Now, do you accuaily you don't JCtua ?y 'ect the emp oyees that do Page 9 71 of 182 0 Folder 3 of 9 022310 - MONA LISA 1abor-type work. do you? Your -- your employees are a1] safety workers? A. Correct. I do not direct prodUCtion employees. Q. So the activities of your employees now be technicians that do what at the site? A. They would do daily wa1k~throughs. They do the safety orientation for new hires. They do respirator fit tests that the empioyee -- the job craft require them Or couid require them to use a respirator. They provide First aid treatment. Q. During these waik-throughs they are iooking for genera1 safety hazards, I would think. in the walk-throughs; is that correct? A. Yes. sir. Yes, sir. Q. Now, are they -- do they have specific tasks that they are required to do? Maybe perform a request. 1ike if they -- some of the foremen or superintendents made requests of them? Do they have responsibility to answer to those peopie? A. Yes. sir. If they as< them -- iF they have a task at hand and they have a quescion as far as, you know, are they doing it properiy, they']? ask the safety reps to come down and evaluate the situation. Page 10 72 of 182 Folder 3 of 9 027310 - MONA LISA If they need a tank tesced. they iet the saFety department know and the safety department go test the tank. That type situation. Q. Is of this done on a verba] basis? A. YES. Q. You just ca11 up and say. come. I need you? A. Yes. sir. Or a company radio. Q. And you said you -- you. personaiiy, have entered confined spaces before. right? A. Yes. sir. Q. Okay. On these vessels that we're 13 -- the type that was invoived in the incident back on November 20th. have you ever entered that type of confined space, in a bottom void or hull? A. Not -- not the type that -- not the type that was invoived in the incident. Q. Are you with those. though A. yes. Q. that type of confined space9 A. Yes, sir. Q. And how did you became fami1iar with those types of confined spaces? A. By drawings and watching vesse Page 11 73 of 182 G: 10 11 12 13 14 Folder 3 of 9 072310 being put Iogether. MONA LISA Q. Do you have any associated with the. I guess, design and construCt"on of huiis? A. No. sir. Q. okay. Either From your corporate responsibilities as a safety rep or from the time that you were doing it as a representative? A. No. sir. Q. okay. How did you come about 14 seeing the actuai design draW1ngs7 Under what conditions would you View those? A. Out of curiosity and interest. And. as I said, the boats are put together in units. And it's quite interesting to watch how they get put together down the line. Q. Have you ever observed any of the workers accuaiiy going into these vessels on ships. either as a safety rep or as doing your corporate safety responsibilities? Have you ever observed any of these activities where they actuaiiy went into the confines Spaces for work? A. No, sir. Q. And that's neither as a safety rep at a Faci? ty or A. No. sir. Page 12 74 of 182 Folder 3 of 9 022310 - MONA LISA Q. as a corporate -- A. No. sir. Q. okay. A. That's correct. 0. As the corporate safety compliance manager. and in this -- in this situationthe accident. do you have a boat coordinator that's assigned to that vessel? A. Yes. Q. what interaction do you have with that heat coordinatOr to -- to make sure that they are performing or doing their job correctly as far as, you know. teSting or different voids. you know. on a vessel or anything like that? A. Well. again. the safety reps do their walk-through. I do a walk-through. as well. If we see something that. you know. needs addressing. then we will get with the boat coord nator and ensure that it's taken care of. Q. How often do you. personally. walk-through the site? A. That varies. Q. okay. This is a site that -- when we're lalk ng about Escatawpa. when was the rage 13 75 of 182 Folder 3 of 9 023310 - MONA LISA DIXONJZXIZ 1a5t time you made a waik?through at that site? A. I cou1dn't give you a specific 16 date. but at 1east two to three, Four times a month. every month. aut I have three 23. so that varzes. according to what's going on in each faci1ity. Q. And the purpose of your walk-through is what? A. Again. general safety. 0. Do you accompany your techs or do you simpiy do it on your A. I take my techs with me. Q. Let's get back to. I guess. the training rcsponsibi1ities of the technicians. Now. I think you mentioned that they were reSponsible for some genera1 safety-type activities. who has responsibility For the competent person training? A. The competent person training 5 done by Ray Sprouse. who was the -- he's the certified competent person for VT Ha1ter. Q. Does he work -- Sprouse, S-P-R-O-U-S-E. Does he work for you? 23 NO. sir. Q. Okay. How '5 that relationship Page 14 76 of 182 022310 - MONA LISA 1? 1 do you Each work For -- 2 n. we're counterparts, but we work For 3 Lenny maiTiho, both He's our -- yes. 6 I'm sorry. okay. When you worked 7 -- both worked For the same individuai? 8 A Yes. Sir 9 10 You said Lenny 11 A Yes. sir. 12 13 A. 14 M-A-I 15 A L-L-H-O. 16 17 Q. And does he have for 18 training the technicians under your command. 19 if you wi11? Does he have responsibility 20 For training them as a competent person in 21 their competent person 22 A. Yes. sir. 23 Q. DO you have any idea of how he goes 74 about coinq this training for competent 25 persons? 28 1 A. No, sir. 2 Page 15 77 of 182 Folder 3 of 9 Awful-l UI Folder 3 of 9 0??310 - MONA LISA Q. Correct me if I'm wrong. Didn't you nention that you were jusr trained as a competent person? A. Yes. sir. Q. cau1d you te11 me about the training that you had? A. we had a marine chemist come in and do the training. we certified 19 additionai peop'e c?muanywide Fur VT ha adrine. eight of which is at the Moss Poiit Marine Facility. 0. Could you tel] me about some of the materia1 and stuff that was used as far as what you a1] were trained on? A. we went over the PowerPoint presentation as far as what was a confined space. the hazards of a confined space. he had hands-on training. as Far as testing different buckets to determine the the readings. We had hands-on as far as ca1ibrating the machines and bump testing with the gas. Q. when you say -- when you say calibrating and using' correct me if I'm wrong. the I guess whatever instrument that you a'I use to test for a confined space - Yes Page 16 78 of 182 Folder 3 of 9 022310 - MONA LISA . -- okay, is it what -- what what's -- do you know the name of that inscrument? A. Our instrument, VT Haiter. is a Biosystems Multivision. Q. Okay. That's what you a1} were trained on? A. Yes, sir. Q. when you were a tech. did you do any testing of confined spaces? A. No. sir. Q. Back then there was a special group of peopie who oniy did the teSting? A. Yes, sir. 0. Now, that apparentiy has changed, I guess. over the years. So now your technicians do confined space testing now, right 20 A. Yes. Q. -- and this was before the accident; is that correct? A. Correct. Q. So the system changed out when you becane corporate safety director? A. The system Cha god sonewhat then and. then. after the accident to ensure that we do not have this problem again. As I said, we brought the marine Page 17 79 of 182 taxman:pr *4 Folder 3 of 9 922310 MONA chemist in and we trained 1ndiv1dua15 at a 1 three Faclizties, for a tota] of 19. Q. But I think you said you had been corporate safety direCt for four years. right7 A. Right. Q. okay. Now. before then you were a technician -- I mean. a safety -- do you I ta': them bdfety techs or safety - A. Safety rep. Q. -- safety rep before then? And then, during that time. y0u didn't do competent person testing on confined spaces? A. No. sir. Q. But. after you became the corporate Pl safety director. then the technicians that you supervise now. they wi11 do competent person testing, right? A. Correct. After they've been trained by Mr. Sprouse. Q. So who initiated the training progran For the technicians after you became the corporate safety director? A. That was a company decision. And they sent Ray Sprouse for training. to get him certified. Q. what A. I was not privy to that. so I don?t (now exact hon that a1} came about. Page 18 80 of 182 e? r? h? rut?IO Folder 3 of 9 - MONA LISA . Q. Do you recai] what you were dOing on wovember the 20th. the day of the accident? A. I had went in and I had worked four hours that morning. and I was at home when I received the c311. Q. Okay. Your work location. is that at Escatawpa? A. My office is at Escatawpa. but I go to a11 three yards. But that morning I had worked at Escatawpa for four hours and then I had went home. and I was at home when I received the ca11. Q. And you said you have done wa1k-throughs at the Escatawpa facility. but you don't reca11 exact1y when the iast one was. right? A. No. sir. Q. Now. the day before that, the incident occurred. you your attivities were what? A. I -- I couldn't te11 you exact1y what my -- I worked that day. but I cou1dn?t te11 you exactly what my activities were. 0. Nothing associated with the building of the ships? A. No. sir. Q. Are you fam Iiar with the chemicai that they use for the. I guess. cieaning Page 19 81 of 182 [Folder 3 of 9 022319 - MONA LISA activity within the inner bottom hull, I think it's calied? A. I know what the chemica1 is. Q. would y0u teI] us what you consider it to be? A. It's a solvent and I have the M505 sheet on it. That's pretty much it. 23 Q. Do you know the chemicai name ?or it? A. NO. 0. Okay. Before the accident. did you determine what -- wash thinner. is that a term that you were familiar with? A. Yes, sir. Q. okay. And. before the accident. had you seen an MSDS for the wash thinner? A. Yes. Q. Okay. And you knew it to be a fiammabie 1iquid? A. Yes. sir. Q. Are there any other hazards that you couid associate with that particuiar chemical? A. we11. if you're using that chemica1. of course. you need to to wear a respirator. Q. Did you know that it was actuaiiy used within confined spaces before the accident? ?age 20 82 of 182 23 24 25 I'd mummaw Folder 3 of 9 022310 - LISA A. Yes. 51F. Q. okay. As corporate safety. were there any precautions that you were aware of 24 when using this particular chemical? A. We11. we provide the exp1osion proof 1ighL1ng. the -- the ventiiation and Fan equipment. we provide their PPES. their Tyvek suits. anything that they might need to to do that task. 0. meaning the safety department? A. No. sir. we.? meaning the company. LvErything that is used by the paint department is -L comes into the warehouse and it is immediate1y taken to the paint area where it is dispersed by the foremen and supervisors. Q. Now. what roie does corporate safety piay in procurement of things 1ike expiosion proof equipment? A. As I wa1k around. I just ensure, as we11 as the safety reps. that they're using the proper equipment. 0. Okay. So you can identify when they're us'ng it for the task that they?re us ng it Fer to ensure that it's cerrect. 'n Other words? Yes . Page 21 83 of 182 .2: Swatch FoMerBon 022310 - MONA LISA 25 Q. okay. AS far as the selecting and ordering of this equipment. does your office have any responsibility for that? A. N0. sir. Q. You don't advise the people what equipment to order? A. If they ask me, I can. But the paint foreman orders all their equipment. Q. okay. During your four-year tenure as carporale safety director. you've never been asked about equipment purchases? A. No, sir. Q. Now. you said that you are aware of what explosion proof equipment looks like. A. Yes, sir. Q. Then could you describe, I guess. the lights that you consider to be explosion proof at the Facility? what do they look like? A. They're fully encased. I'm net sure what the material would be. but they're an incandescent light. That's kind of hard to explain, what they look like. Q. Any labeling on them7 YOU you've seen them up close and persona right? A. I've seen the lights, yes. 0. Have you actually held the lights Page 22 8401? 182 mmFolder 3 of 9 023310 MONA LISA DIXON.IXC in your hand? A. Yes. Q. Have you noticed any labeling on it that identified it as an explosion proof light? A. N0, Sir. I know what they look like. Q. okay. Have y0u had any training.as far as what is considered explosion proof and what 15 not? A. No. sir. I can identify them. Q. Based on what training? A. By what they look like. 0. And these particular ones Just looked like they were explosion proof? A. N0. sir. I know they are. Q. okay. That's what I was asking. How do you know that they are explosion proof? A. Because we order incandescent and they have 10 be for class 1. Group D. Q. Okay. That's written on something. 2? right7 A Yes, sir. Q. It's not on the light? A I'm not sure if it's on the light ot nor Q. But you?re see? an inzo'cc tha- specifies rhat? ?age 23 85 of 182 Folder 3 of 9 022310 - MONA LISA A. I have seen a spec sheet that specifies-that. Q. okay. And where is tnat speciFication sheet located? A. That would he in purCiasing. Q. And what manufacturer did this came From? A. I can't be certain on that. Q. But was there on this spec sheet you're referring to. there was something that 'dentified the particular light that we're discusSing as being explosion proof. a picture A. Yes. sir. Q. small number, that sort of thing? A. Yes. Q. which; a picture? PH A. There's a piCture. and then it specifies it as a class 1, Group -- Q. okay. Now. if we wanted to A. -- incandescent light. 0. If we wanted to obtain a copy of this specification, who would we ask about that? A. Ed Fou"k3. 0. Okay. We" . you could provide that to Mr. Fou?ke? A. Yes. sir. Page 24 86 of 182 NHO Folder 3 of 9 022310 MONA LISA MR. I think we did -- I think y'aii have a copy of that. But we can get another one. So iF you don't have it. let me know. If you don't have it. 1'11 be happy to get you one. We?11 discuss that 1ater. Because I think we'11 discuss that. Because I think if you actuaiiy 100k at the invoice that I have. it doesn't give -- it doesn't give a description of a iight. It doesn't say whether or not it's exp1osion proof or a drop 1ight or what. MR. FOULKE: I think you're right on that. I?m just -- you know, I'm just ?9 saying. I - I think -- I think you were taiking about the speciFications. That's what I thought we -- but I may be wrong. And if I'm wrong -- Yeah. MR. FOULKE: -- we'11 get it. we'II be happy to get it for you. Wei}, 1 just want to make SLFE J'm c1ear witi the witness that I'm asking about lights that were used prior to the accident. Q. I'm asking about whether or not you have seen some specification paperwor< tha? idunt ?ied those dome?type ights that were Page 25 870f182 mmeMaWNi-l Folder 3 of 9 022310 - MONA LISA used prior to the accident as being explosion proof. And you're telling me. I believe, that, yes. you have. right? A. Yes. Q. Okay. And you will provide that specificat on paperwork with the -- and I think you said it had a picture of the lights on it; is that also correCt? A. Yes. sir. Q. Okay. 3O -- to mr. Foulke. and you'll provide it to us? A. Yes, sir. Okay. Q. I think -- MS. Dixon. you were there when we pulled everything out of those an the button voids. A. Yes. sir. Q. okay. Do you recall or remember the lights that we pulled out of those -- out of those voids? A. Yes. sir. Q. To your knowledge. are those exp 05 on proof? A. The light string was not. Q. Okay. Now. these ligits that are explosion proof. do you have an idea where Page 26 88 of 182 Folder 3 of 9 022310 - MONA LISA they are kept? A. They're tept in the paint area. the paint shac<. Q. okay. And the ones that you puiled out of the -- weli, that you witnessed being pu11ed out of the accident site. where are 11 those kept; do you know? A. That type of iight woaid be kept In the too] room. where that string of light comes From -- came from. I do not know. Genera11y. that type wold be stored in the tooi room? A. Yes. sir. Okay. And. generaiiy, the expiosion proof 1ights are in the paint shop. But are they stored in a specific location or are they just kind of around the wa11s in the paint shop? A. No. They're stored in a specific location. Q. within a location where they wouid have to be checked out? A. Yes, sir. sut since that time. since the incident. we have assigied each painter and each 1aborer their own expiosion proof 1ight with a brass band on it that has their name on it. Q. And that is -- Page 27 89 of 182 )Folder 3 of 9 02?310 - MONA LISA A. So that that is the only tight they can use, no matter what task they?re doing. 32 Q. And that is the 1ight that they are current a551gned is the same type that was tailed expiosion proof prior to the accident; 15 that correct? A. carrect. Q. Now. what about the ventiiation Fans, are you fam11iar with those? A. Yes. sir. Q. Did you have any input InlO the seiection of those? A. No. sir. Q. You have you have observed those up fair1y c1ose1y to be abie to identify them? A. I have observed them. yes, sir. Q. Okay. Have you observed any laboilug on any of tiem that suggest that they were expiosion proof? A. No. Sir. Q. okay. what about the invoices that were associated or the paperwork that was associated with those ventiiation fans. have you had access to that? n. I coa'd gain access. Q. But. I mean have you seen Page 28 90 of182 momma.Folder 3 of 9 07.2310 - MONA LISA DIXONJIXC before the accident? A. Before the aCCicent. io. sir. Q. Okay. So you don't know whether 0 nor those were considered explosion proof or not? A. No. sir. Q. we were we were ta1king about the 1 think the wash thinner which you said you were fami1iar with. And you know that it's used For cieaning purposes. right. For preparation of painting -- A. Yes. sir. Q. -- is that correct? rhat is correcr. you do know that -- A. Yes. sir. Q. -- that's one of the tasks? Okay. Do yuu know that whether or nut there has ever been any consideration for any a1ternative chemical to be used for that purpose? A. Yes. sir. there has. Q. Couid you expiain? A. They are researching For a diFFe?ent solvent to repiaco that. Q. I?m referring to before the accident? A. I'm not sure on that. Page 29 91 of 182 mmawmu Folder 3 of 9 OPR310 - LISA DIxon.txt Q. okay. You don't know of any attivity at all or discussions. rather. for changing that solvent before the accident? A. No, sir. Q. Do you know of any incidences, near misses. that have occurred when using that solvent over the years? A. No. sir. i Q. Do you know how long it's been actually used for that cleaning purpose? A. It's been used for as long as I've been employed at VT Halter Marine. Q. which would be at least since ?003? A. Yes, sir. Q. As Far as safety having any procedures associated with the use of either that solvent For cleaning or any related attivities. do you know of any written procedures that would address that issue? A. we have a painting and blasting procedure. Q. okay. would it address tne prior 53 cleaning before the painting? A. I believe it does. Q. And. specifically. what does it require? a. I can't quote that. Okay. A. we have we have provided a copy Page 30 92 of 182 10 11 Folder 3 of 9 ""2310 - MONA LISA tc Q. Okay. But it would -- in your opinion, it would include preparation work before the actual painting? A. Yes. sir. I believe it would. Q. Okay. what about well. the company does have a confined space program; is that correct? A. YES, S'i And you are Familiar with it? Yes, sir. Q. what input did you have into the development of that program? A. It was in place when I cane on board. 0. Has it been altered since you've been corporate safety director? A. No. sir. 16 Q. okay. And it does have procedures for addressing confined space activities? A. Yes. sir. Q. Could you give us some idea of what those procedures are? A. IF they're going to be working the their supervisor wou determine their job tasks For that day, okay. or that tank They would determine the hazards and determine what PPE was necessary for them to to enter that area. Page 31 930f182 mutant-Ia.leFolder 3 of 9 029310 - MONA LISA DIxou.txt And if they had a question, they would contact the safety department. If the tank needed monitoring. they would contact the safety department or a competent person. Q. That's written into your confined space procedure -- A. Yes, sir. Q. -- that either the supervisor charge wou'd nave a competent person test or they would contact safety? A. Yes. sir. 0. Anything else associated with that work that you can think of? A. No, sir. Q. what about the ventilation and that sort of thing7 A. It would address ventilation issues, as well. Okay. Q. what responsibility as a corporate safety compliance manager that -- that you all have w.enever a job task is assigned to -- to employees? And I'm specifically speaking of the -- the activity on Vessel C-181. where the accident occurred. what responsibility does the safety department have to make sure that these employees have the p?oper etuipment. the Page 32 940f182 mmwmulAwus?Io Folder 3 of 9 022310 - proper eiectrical equipment. the proper And do you a11 foiiow-up on any situations iike that when a task is assigned to make sure that they have -- have the right eqUipmunt to work with? A. we wouldn't fol ow~up per task, but we wouid foiiow-up through our walk-throughs and any deficiencies wouid be corrected. Q. But was -- was was any foi1ow-up done on this task that was invoived in the 38 accident? A. Foliow-up after the accident? No. Before. Q. Before. Before? I?m not sure. AS I said. I was there four hours that morning. 0. well. who on your staff wouid have had the that day for walking around and and doing the inspection? A. That wouid have beer Q. Did she do that task that day? A. I can't answer that. 0. They don't 'ecord tho?r wa k-ntourds? A. They v' r2c0?c ceficiencies or i? they've gotten with someone about something. yes. Page 33 95 of 182 20 21 22 23 24 25 Folder 3 of 9 02?310 - MONA LISA 0. They don't A But not every - every aspect of their wa1k through, no. Q. They don't have a schedu1e? A. No. sir. 39 Q. In this task. the employees that were assigned to clean the inner battom voids. wou1d somebody, like the -- the boat superintendent or the boat coordinator, wou1d they contact the safety department to 1et you a1] know that this task is going to be done and there is a possibility that something needs to be monitored or anything iike that? Wouid they have natified you a1}? A. They shou1d have. Q. They shouId have. Any reason why they wouldn't or why they didn't? A. I can't answer that. I -- I don't know. Q. okay. IF they wouid have notified you ail. what what responsibi ity would you all have taken or had? A. we wouid have went and monitored the tank. Q. okay. When you say. are you ta?king aboui A. the boat coordinator. Page 34 96 of 182 Folder 3 of 9 022310 - MONA LISA competent person. There are severe] peop1e in the yard. 3 40 competent person. We would - we would h.\e made sure the tank had been moniEOred. 0. Okay. We do understand that was not here that day -- A. Right. 0. -- that wasn't there in the yard that day. A. Right. 0. we do understand that was here was there. A. Yes. sir. Q. why would the Biosystem Mu1tiyision meter to do the testing -- who -- who wou1d have access to those meters? A. There at that time there was two. There's one kept the safety department and one kept in the office. Q. okay. A. since that time we've added an additiona1 meter, so now we have three. Q. okay. why wouldn't they have access to them? A. They wou laVL access. Page 35 97 Of 182 LoocwmmawNI-Jca 21 22 23 74 .1:me Folder 3 of 9 022310 - MONA LISA Q. Is there any reason why those meters wou?d be locked up for anything? A. I -- I can't answer that. If they came to the safety office and wanted a meter. one wou1d have been made avai1ab1e. Okay. Q. I think you said one of your safety reps. maybe, had responsibility for deing the ua1k-throughs on movemher 20th. the day of the accident. A. (witness indicated by nodding head.) Q. Now. the accident occurred around 3:30 or so; is that correct? A. I got the ca11 at 3:4l. Q. Okay. Mow. you said your I think you aiso said that you don't know whether or not your safety rep attua11y made a walk?through during that day, that period? A. No, sir, I do not. Q. Have you spoken to her about that activity since the accident occurred? A. No. sir. I have net. Q. Is there a reason why you haven't taiked about it? Have you been instructed not to? A. No. sir. Q. Was it her responsibility to Page 36 98 of 182 mummawNH Folder 3 of 9 029310 - MONA LISA walk-through at all that day? A. It's according to what activities was going on that day. Q. But is that -- A. There's no way that I can ensure. you know. that she made it to C-181 that day. 0. Okay. There's excuse me, let me ask this question: You have a safety rep that's assigned to that facility, Escatawpa. right? A. Yes. Q. Two of them, I believe; is that A. There was one at thaL time. There's two. now. Q. okay. And that normal routine for that person who is assigned to that facility is to walk?through the area; is that correct? A. AS they can. on a given day. 45 according l0 activities that are going on that day. 0. Okay. And in the past. on these walk-throughs. they only rec0rd their acuivities or their schedule if tiey nave something to make note of; is that correCt? A. Yes. Q. And you do not provide them with Page 37 99 of 182 Folder 3 of 9 022310 - MONA LISA any type of schedule? You allow them to walk-through whenever they are -- it's convenient For them to do so: is that correct? A. Yes, sir. Q. And, as far as you know. she just simply didn't walk-through that area that day? A. I don't know that she did or did not. I can't answer that. Q. How often do the safety reps repOri to you? Do they report to you fairly regularly or just -- A. Yes. Q. what is regularly? A. Daily. Q. Their activities? :1 .1 A. well. it could be their activities. It could be a problem that they're incurring. It could be a lot of different things. Q. You don't have a structured means to revert, they simply have to let you know that ey were there that Lty; is t1at correCL? A. They have job activities every day. But they are multiple job activities, not just specifically. you know. you walk this vessel. this vessel, this vessel. Page 38 100 of 182 :Folder 3 of 9 022310 - MONA LISA 0. Okay. A. They do a muitipIe -- they do a lot of different things during the day. Q. Weli. kind of give us some idea of their activities. On a typical day. what wouid you expeCt them to do? a. okay. We11. that varies. But typicaiiy. they have orientation FirSt thing in the morning. okay. As soon as they get through with orientation and during orientation you have peopie coming in off the yard for first aid visits. redresses. stuff 1ike that. when they're done with orientation. if any of the orientation new hires need respirator fit tests, then they go do that. Then they take them to HR. where they are turned over to HR after they're given their -- Lnuir PPES. And then. at that point, If they have reports due. uh. iF they need to go out on the yard. and if a tank needs to be sniffed. if they have an injury tnat needs addressing right then. and they -- they are aiso rQSponsible For environmenta1 issues. Like I said. it's a multitude of tasks. Q. It sounds that ?hey are not renl') required to make a walk?th'ough, oniy if Page 39 101 of 182 mwmmAw-?vI?a Folder 3 of 9 022310 - MONA LISA they have time to do so, right? A. They are required to do waik-throughs. but not a specific waik?through per day. Q. Okay. what abOLt job safety anaiysis? Do you guys ever perform job saFety anaiysis for the crews for the superintendents? . That would be the A. No, sir. 46 Foreman. Q. How wou1d does safety have any for training or particnpating in these 30b safety analyses? A. No. sir. we do training. But as far as the job tasks that they assign to their employees. they wili determine what the h17ards wou1d be and what they need. If they have a question. then they contact us. I don't know if you asked this question already. Terry. Q. What is VT Ha1ter's poiicy regarding (onfined spaces? A. of course. if they're 901ng in a conf'u space, then the foreman determines at their Job task is and that [16y 'eed. what ?0015 or equipment they need to - to perform that task. and. if need 3e. the If they need the safety Page 40 tank is monitored. 102 of 182 21 23 24 25 wNHommwomath-JO 24 Folder 3 of 9 029310 - MONA LISA departwent to do that. we we cone down and do tha: Q. What about a situation or a tank or someth?ng where a new hazard is introduced into that tank, the same protoco] 4? A. Yes. Sir. Q. -- appIies? ves. sir. Okay. Q. Do you know how the poiicy deveioped where safety is hasica11y on ca1'. rather than more proactive? why isn't saFety. you know, consulted before jobs? DO you have any guess or concern as to why that is? A. I I don't have an answer, no. Q. when -- I think -- I think asked yo: 3 question about wnether or not who performed the JSAs, and you nentioned that the Forenan does that. Do you a11 train the Foremen as far as the hazards that may be associated with the different tasks that are -- that their employees are instructed to do? A. Yes. s'r. Me ave, of course. our new or entat on that everybody goes th'ouq . a the we a vo neecly safety Jage 41 103 of 182 25 ALA-NH macaw 1Folder 3 of 9 OPPSIO - MONA LISA meetings every week at each facility -- 48 Q. Okay. so those safety meetings A. -- that covers a variety of tonics. Q. Okay. So those safety meetings are -- are thosv meetings that -- are those meetings instructing the foremen or the supervisors of the hazards that may be associated with the work that their employees are going to be involved in? A. It's inscructing the supervisors and Foreman, as well as the employees. Okay. 0. Okay. I know that you said earlier that you don't really have responsibilities for training competent persons or the competent person training, because there's another equally a coworker who is equal to you in rank that nas that responsibility. That's corrUCt. right? A. Yes. sir. correcr. Q. Okay. So your responsibilities and the responsibilities of the people who work For you are to do more general training. ike orieniition and em) safety tra n? 97 page 42 104 0f182 ?Folder 3 of 9 022310 - MONA LISA A. Employee safety training. Q. So could you tell us -- this orienLation. how does this orientation work? what does the training of? A. we have the Shipyards Council of America safety video. and then we give a written examination. They will have an ergonomics video, then we give a written ?examination. and then we have a?variety of topics that the safety rep will go over the generalized rules For the company. as far as policies and procedures. They go over the locations in different areas. as well as they are given a safety handbook. And they sign the -- the back page acknowledging they have received this and understand this and they sign it and that copy goes into that page goes into their personnel file. Q. And this orientation training lasts how long? A. Usually about an hour-and-a-half to an hour and 45 minutes. It's according to how nany orientation people we have and whether or not they have to have respirator SO Fit tests or not. Q. And that's a new hire coming in would get this orientation training, right? A. Yes. sir. Everybody that comes in. Page 43 105 0f182 WHOMAWNH Folder 3 of 9 027310 - MONA LISA Q. Okay. And then does that orientation training inciude confined space training? A. Yes. sir. Q. Okay. And they take a test on this confined space training or in genera]? A. It's an in?genera1 test covering the ahoie tape. But confined space is addressed-in our weekiy safety meetings throughout the year. 0. Okay. Getting back to orientation. First. how iong does the confined space portion of this orientation training last? A. I'm not certain on that. Q. It's just part of the tape presentation? A. Yes. Q. okay. and you're saying a weekiy safety meeting where a1] empioyees are required to attend? A. Yes. sir. We have two. 31 Q. And the confined space partion of that training iasts how iong? A. weii, it varies how many times we have confined space that year. but it lasts approximately 30 to 45 minutes. Each safety nee ing dors, regardless of the topic. 2 A11 right. But confined space is not tra ning is not aiwnys given at these Page 44 106 of 182 l-?Hr- Folder 3 of 9 022310 - MONA LISA DIxON.txt safety meetings: 15 that correct? A. It's always given throughout the year. yes, sir. but not at every safely meeLing. Q. And you nave two a week. 50 Could you give us some idea of how many of those might be related to confined space training -- A. ?Nd, Sir. Q. if you know? Now. so the new hire would be given orientatiou and then some safety meeuing training on confined space activity, and that's about the extent of their training, right? A. Then their weekly safety training that they would receive. 9.9 Q. Well. I'm guessing. I'm saying maybe an hour or so, but n0t every week you're saying. this is just A. Not every week. Q. -- sometimes -- maybe several times in tne year or whatever? A Yes, Sir Q. okay. what what ?hat certification or anything that the safety reps have taken to -- to to do this training for the for the people that's Page 45 107 of182 Folder 3 of 9 .023110 - MONA coming in ior orientation or for the weekiy safety meetings or anything? I mean, how have you a1] determined that the safety rep is capabie and has knowiedge of doing this training or conducting this training for you? A. If they do not have a backgr0und in safety. then they receive on-the-job training. Q. By whom? A. By myseif and Ray Sprouse. 0. Okay. And then how -- how do you a11 certify that they have received this 53 knowlecqe or they have this knowiedge to do the training? A. when they can give this training to -- to the 1eve1 that we say that they are proficient in it. Q. okay. It's not a situation where like OSHA has train-to?trainer. where you take a c1nss. and then they are certified to -- to Lrain-the-trainer to do some training For ether peopie? A. NO, sir. it's not 1ike that. At this point. having said that. since the inc'dent. we had AEU come in and do an eight- our safety stand down with a1} To es. inc1uding safety personnei. as Joli 15 I nave a -- the OSIA 30-hour course Page 46 108 of 182 mVGm-?wNpFolder 3 of 9 022310 - MONA LISA set up for may -- March the 29th through Apri] the 2nd. 0. Now, who is this person you ca 1ed. his nawe yet called? A. came in and did he eight hour Q. A. came and did -- Q. 54 A. our safety -- eight-hour safety stand down. I beiieve you were there during that time. Q. Yeah. A. And then we are going forward with the 30 hour -- OSHA 30-hour for everyone. Q. Is there a certificate or anything that they receive that say that this person has been certified or have had train?to?trainer ciass and they are certified to teach A. They wii] receive they wii] receive the 30?hour training -- OSHA 30?hour training course. They not be certified to teach. Okay. Q. Now, you sa during this orientation there was a general test given. Now, what's the passing score for this test? Page 47 109 of182 Folder 3 of 9 027310 - MONA LISA DIXON.CXC A. Eighty or above. Q. Has anybody ever faiied one? A. Not to my knowIedge. Q. Now. Foreman, the training of the Foreman and maybe the iead men. what -- what 55 kind oi tra ning are they given? A. The same safety training that everybody receives. Q. After the orientation and the weekiy safety meeting there is no other specialized training for foreman and 1ead men? A. Not to my knowiedge. Q. And I'm assuming that your safety reps ?ead the safety meetings. right? A. Yes. sir. Q. And you did say that these were And a11 employees had to twice a week. attend these meetings? A. Yes. Q. Is there a sign-in 109 that they -- a. Yes. Q. okay. Ard what happens if someone is not there? A. It is determined why they are not there. Q. IS there a makeup? A. No, sir. 2. Are these reco t5 of the Jage 48 110 of 182 Folder 3 of 9 027310 - MONA LISA attendance? 56 A. Yes. sir. Q. You did say that. so Far as you know, this wash thinner had been used for c1eaning as Tong as you can remember, right? A. Yes. sir. Q. Do you know that that was something that was required by the peop1e who did the painting, For some reason or anather? A. It's my understanding that it is required 10 be wiped down with solvent. per the Specs of the boat. 0. NOW. exp1ain per specs of the boat. what does that mean? A. The specifications that are on the boat For the person or the company we're bui1ding the boat For. That's my undorsnanding. I'm not privy to those documents. Q. okay. But you understand that's the reason why this particu1ar thinner is used, because the boat owner. the new owner. has Specified that that be part of the painting routine: is that correcc? A. Yes. sir. Q. And do you {now who made the a: decision I guess. how Iong ago that that Page 49 111 0f182 Omwmma-wm JIAWNH Folder 3 of 9 022310 - MONA LISA decision was made to use this? A. No, sir. Q. what about enforcement of safety rules on the site? IS there any enFOrcement mechanism For safety rules7 A. Yes. sir. Q. what is it? A. we have written violations. verbal warnings. and a two. um. days off -- written warnings or days off up to termination. Q. Do you recall any of these safety violations for persons in the paint department: laborers or painters? A. I couldn't say that without looking at the books. Q. You don't know whether or not any oF them have ever been suspended or anything? A. I couldn't say for certain. no, sir. not without looking at the books. Q. Again. but records would be kept of any violation? A. Yes. sir. Q. Do you know how long those records )3 are Folder 3 of 9 022310 - MONA LISA A. NO. Q. why was there a need For exp1osion proof lights. then? Because it 's a hazardous chem'cai. 0. Right. And you know it evaporates. right? Right. Q. And by, "evaporation." wou1dn't 70 that cause to be kind of a dangerous atmosyherv? A. Yes. sir. Q. So -- and. again. that's why the company required the exp1osion proof lights in there: is that correct? A. Correct. Q. so you were aware. again. that these spacvs were had hazardous atmosphere? A. We were n0t aware -- I was not aware that we had to monitor them to the degree that we do now because we were considered new construction. 0. And under new construction ru1vs. you (1?1 ave to mon':or? A. I'n say"g :ha underSIanc? 9 prior to the 'nc'dent. Q. And how did you come about that undersranding? From what? Page 61 123 of182 ?3 P4 25 WHGMAWNH ?Folder 3 of 9 029310 - MONA LISA A. Just by word of mouth through the years. Okayyour own -- with VT waiter's Confined space. you have defin lions of what you have as a confined space. Are you fami1iar with these definitions that you a11 have written -- A. Yes. sir. Q. as far as a confined space? A. Yes. Q. And the different types of confined space? A. Yes. sir. okay. Q. I've got, I guess. just one more issue that I think I need some ciarification on. I think you may have aiready toid us about it. but let me make sure I undersrand it. You are fami1iar with the two different types of 1ights that we've discussed so far, right; the drop lights that are not expiosion proof and the others that are. right? A. Yes. Q. And you told us. I believe. that Page 62 124 0f182 mummAwNH Folder 3 of 9 022310 - MONA LISA 72 the non-expiosion proof ones are stored in a warehouse. right? A. in the warehouse. rhey're in the too} room. Q. The too] room. Does everybody have access to that tooi room? A. Each -- every a1] production empioyees can get into the tool room, yes. sir. and check out items. 0. But they do have to check them out. they just can't go there and get them; is that correcl? A. That is correct. Q. And. on the other hand. the explosion proof 1ights. they're stored in the paint shop. right? A. Correct. Q. And, again, not even the paint peopie can just go get them. they have to check them out? A. The paint peop1e can. yeah. Q. okay. Anyone in the paint department can go get the 1ights? A. YES. Q. And there's no check out required: is that correct7 A. Not to my knowiedge. Page 63 1250f182 unwavFolder 3 of 9 022310 - MONA LISA 0. Okay. But they are scored in some place within the paint department or -- A. Yes. sir. Q. Okay. And you said that was where. again? A. In the -- we ca11 it the paint shack. Q. And I think that?s where my confusion is. The paint shack. is that one bui1ding or is that some a roon inside of the paint department that's secure in some way? A. It's a buiiding in the -- in the biast area. Q. In the sandbiasting area? A. Yes. Q. A room within the sandbiasting area? A. It's a buiiding. Q. Okay. But I guess I'm trying to get some idea what security is associated with those lights. Can you tel] me if they -- are they in a room that's locked up or does every paint person have access to, or how does that work7 A. Al] the paint personne] have access. as to whether or not the foreman Ciecks then out to them. I'w not certain. Page 64 126 of 182 Folder 3 of 9 022310 MONA LISA Q. Okay. So they?re not in a room that?s 1ocked. then. as far as you know? A. I wou1d think that they were. but I?m not certain. okay. I think that clears it up a iittle bit for me. Thank you. Q. If you are Fami1iar. Ms. Dixon. with the definition that -- that VT Haiter has as far as a confined space -- when it taiks about a Type I confined space, what - what -- what does that mean to you. as far as what you a11 -- the necessary precautions that you a1] have to take to procect anybody that's working in a Type I confined space? A. That they wouid be taking a hazardous product into that space and they wouid need personai protective equipment. as 75 we11 as vonti1ation. Q. okay. what about a Type II confined Space? A. A Type II wouid have aiready contained a hazardous substance. They won'd. aga?n. have to have proper and von i ation. that :ant wouid have to be mon toled. Q. Okay. what about a Type confined space? Page 65 127 of 182 Laoowcsmaw 10 11 12 13 14 Folder 3 of 9 022310 MONA LISA A. I'm not certain on that one. Q. what about an IDLH atmosphere? A. That 15 immediate1y dangerous to Tire and hea1th. Q. Okay. But you do -- do you agree that those -- the inner bottom voids that those emp1oyees were assigned to wipe down or c1ean, do you agree that those are considered -- meet the definition of confined space? A. Yes, sir. Okay. You said Q. I have another question. that you were famiIiar with the Code of PG Fedora} Rogu1ations. riqht7 A. Yes. Q. Do you actua11y have a copy of these maritime standards in your office? A. I believe so. Q. That was prior to the accident. you had a copy of this? a. I believe so. Q. Did you have any Other Teans of access to -- to -- to on the Internet or OSHA web page to A. Yes. sir, we have Internet. Q. okaythese Page 66 128 of182 H- a up n: 13 Folder 3 of 9 023310 MONA LISA regulations on the Internet -- A. Yes. sir. Q. -- if you need to research anything? A. Yes. sir. Okay. Q, Have you ever been to the OSHA Web site -- A. Yes. sir. Q. -- and looked up our standards there? A. I have looked at several things. as well as Standards. Okay. think that's it as far as I don't have any more questions. I think I have one other question. Q. You said that you have looked pulled them up on the OSHA web site. Anything specific related to confined space or anything that's -- anything of that nature? Yes. sir. I pulled up Confined Space Regu ations. Q. How oftei do you -- ow n.ch Knowledge did you -- I - I saw t1 5 booklet Page 67 129 0f182 Folder 3 of 9 022310 - MONA LISA that you all use as far as your orientation is concerned. How much knowledge do you have what's in that booklet as far as the safety rules and regulations that you all use in that booklet For orientation? A. I think I have pretty proficient 78 knowledge. Q. Okay. And that's -- can you give me some Ionics oF things or that's in that booklet that you all use for orientation? A. It would be the job policies and procedures of VT Halter marine. It would let them know where the MSDS sheets are located. as well as what our required PPES are For different job crafts. as well as what the hour requirements are for working above five feet. You have to be tied off. General. you know, policies and procedures of our company. Q. Does it address anything in that booklet re ated to safe electrical uork practices or A. Yes, sir. Q. -- ventilat on or conFined spaces or anything? A. Yes, sir. 0. Okay. All right. Page 68 1300f182 02r310 - MONA LISA 33 A. As we11 as hot work. 24 okay. I don't have any 25 other questions. Thank you. 79 1 (whereupon. the sworn statement 2 concluded at 10:=age 69 Folder 3 of 9 131 of 182 mummawNpFolder 3 of 9 022310 - MONA LISA 30 CERTIFICATE OF REPORTER 0t w15s155tppl) COUNTY or HARRISON) Court Reporter and Notary Pub1ic in and for the State of Mississippi. do hereby certify that on February the 23rd. 2010. the above- referenced sworn statement was heid; that the testimony was taken stenographica11y and transcribed by myse1f as it now appears on the transcript hereto attached; that I am not a reiative or emp10yee or attorney or counsei of the parties. nor a re1ative or emp1oyee of such attorney or counsei, nor am I interested in this procveding or its outcome. IN w1*utss WHEREOF, I have hereunto sei my hand and affixed my oFFicia1 seal this 3rd day of march. 2010. MS CSR 1798_ Notary eubiic My commission expires 3/25/12 Page 70 132 0f182 - Folder 3 of 9 133 of 182 022410 - RAY p-J 1 . 2 3 4 EXAMINATION UNDER OATH 5 OF RAY SPROUSE 6 7 8 9 Taken at the LaFont Inn. 2703 Denny Avenue, 10 Pascagou1a. Mississippi, on Wednesday, 11 February the 24th. 2010. beginning at 12 7:29 a.APPEARANCES: 19 20 . occupationai safety and 21 Heaith Administration U.S. Department of Labor 22 3780 I-55 North, Suite 210 Jackson. Mississippi 39211-6365 23 601?965-4606 24 INDUSTRIAL HYGIENIST, JACKSON AREA 25 OFFICE 2 1 APPEARANCES: (Continued) Page 1 Folder 3 of 9 134 of 182 OWNGMAWN Folder 3 of 9 022410 RAY Occupationai Safety and Heaith Administration U.S. Department of Labor 61 St., s.w. RM 6T50 At1anta. Georgia 30303 404?562-2281 SAFETY ENGINEER, ELECTRICAL ENGINEER ATLANTA REGIONAL OFFICE ROLESIA BUTLER DANCY, ESQUIRE U.s. Department of Labor 61 St.. s.w. RM 7T10 At1anta. Georgia 30303 404-302?5457 dancy.r01esia@do1.gov OFFICE OF THE SOLICITOR EDWIN G. FOULKE, JR., ESQUIRE Fisher Phi11ips, LLP 1500 Resurgens P1aza 945 East Paces Ferry Road Atlanta. Georgia 30326-1125 404-240-1400 APPEARING ON BEHALF OF VT HALTER MARINE, INC. REPORTED BY: Certified Court Reporter MS CSR NO. 1798 AL ACCR No. 489 Good morning, everybody. PHILLIP RAY SPROUSE. having been duiy sworn. was examined and testified as fo1lows: Page 2 135 0f182 Folder 3 of 9 022410 - RAY Q. Mr. Sprouse, would you state your fui] name. please? A. Phiilip Ray Sprouse. Q. And the company that you're employed by? A. VT Haiter Marine. Q. And your titie? A. Environmentai heaitn manager. Q. And the time working under that job titie? A. TWO-and-a-haif years. Q. Your time with the company? A. A1most five. Q. Do you supervise other empioyees? A. No. okay. Q. Te11 us a 1itt1e bit about your daiiy activities. 4 A. My -- most of my daily activities are within the environmentai arena; performance of reports, waiking the working with the safety reps and some probiems that they may have throughout the day. and any other tasks that my boss may give me. Q. okay. We've heard that you train competent persons. Page 3 136 of 182 Folder 3 of 9 022410 RAY A. Yes, I do. Q. Couid you te11 us a 1itt1e bit about that? A. I have been tasked to train our safety reps, main1y the new safety reps that come in, that get hired into the company, and I wi11 do competent person training with them and working with the Biovision ?uitiVision machine and how to use it, caiibrate it, what to 100k for in a confined space and how to test it. Q. We've heard that it has not aiways been the case that safety reps are trained as competent persons. when did you start training the safety representatives in this company? A. I want to say when I first took over as the environmental manager. I was I was training by the sheer virtue of the training that I have received over the years and by the marine chemist, Jack A1britton. Q. was that a management decision as to why they decided to start training the safety reps? A. Because when we have the marine chemist come in, per se, you have to be a competent person to continue on with that training. And if they have a space that needs to be cieared for entry, they wi11 -- Page 4 1370f182 Folder 3 of 9 022410 - RAY that was the dec151on that was made to have the safety reps competent and trained to go ahead and test that. Q. And when was that decision made, originally? A. when? Q. Yes. when? A. As far as me doing the training, when I took over as the environmental health manager. Prior to that, I -- I'm not privy. I don't know. Q. Okay. what's involved in training a person to be a competent person in a marine setting? A. Typically. the class will last for about an hour or more, depending on the -- the amount of people. Typically, I don't have more than one or two. Because, again, it's a new hire that's coming in. I orientate them to the Biovision machine, how to operate it, how to calibrate it. If there's any problems with it they're instructed to call me. And if it's a problem that I can't handle. then I will call the manufacturer of the -- the piece of equipment. we have backup equipment, as well, should one fail. Then I train them on how to actually test the atmosphere to make sure Page 5 138 of182 Folder 3 of 9 I 022910 - RAY that it's -- it's safe to work in. I te11 them about hazard recognition, Iooking around the area to see if there is any type of eprosion risk within the area and it's adjacent spaces. and then and proper 109 entry and documentation. Q. Now, this training takes about how iong, again? A. About an hour to two, depending on -- again. depending on how quick1y somebody is picking up on it or if there are a 1ot of questions that are associated with it. Q. And the foremen and other peop1e that you train are given the same training as the safety reps when you -- when they're A. I I, persona11y, have not trained any of the foreman or anything 1ike that. I train the safety reps. and that's -- that's who I train. Now, we did do a class afterwards, and I did do a refresher training. And then we have since had a marine chemist come in and even do more refresher training. Q. Well, before the accident, on November 20th, how much refresher training did you give the competent persons that you trained? A. I just gave it to our safety reps. Page 6 139 of182 Folder 3 of 9 022410 - RAY Those were the on1y peopie that I was required to train. Q. And you gave them just that one training session? 8 A. That one training session, yes, sir Q. And how 1on9 have you been a A. Environmenta1? Q. Yeah -- environmentai A. I've been doing it for about two-and-a-half years now. Q. And how long have you been with the company? A. Aimost five years. Q. Are you fami1iar with OSHA's Maritime Standards? A. I'm fami1iar with them, yes, sir. Q. Then you've seen a capy of the Code of Federal Regulations, maritime? A. Yes. I have. Q. okay. And you are with the OSHA specific standards that are re1ated to confined spaces in a maritime operation? A. Yes. sir. It is part of our confined Space poiicy, as wei]. Q. Right. And the people you train as competent persons. you train them on those confined space requirements? A. Yes. sir, I do. Page 7 140 of 182 C3 Folder 3 of 9 022410 - RAY 9 Q. And I'm assuming you have a copy of this -- our standard in your office? A. no. I do not. I use the computer. is what I use. Q. okay. The OSHA pub1ic Web site? A. Yes, sir. Q. You are famiIiar with the use of that to find standards and other information? A. Yes. sir. Q. How, you report to who? A. Lenny mai11ho. Q. He is the? A. He is the vice president of human resources. Q. And Mr. mai11ho reports to who? A. Bi11 Skinner. Q. what's his tit1e? A. The CEO. Q. At the time of the accident. on November the 20th, what were you doing that day? A. I was at the airport f1ying my airp1ane. Q. okay. And I'm assuming you -- were 10 you at the offices the day before the accident? Page 8 141 of 182 Folder 3 of 9 022410 - RAY A. Yes. I was. Q. okay. what were your activities that day? A. Doing routine environmenta1 and working with the safety office. I I couldn't reca11 exactiy what I was doing prior to. Q. Do you know anything about the activities that -- that -- where the accident occurred, the type of work that was being done? A. Other than what I have been to1d and when we did our wa11-to-wa11 inspection. They with -- working with -- with were painting -- or, they were wiping down. Q. And you've never have you have you ever observed that activity before? A. on that facility, yes. I have. Q. okay. Cou1d you te11 us when the last time you observed peop1e doing that type of activity? A. I want to say probab1y about six months prior. just doing a wa1k-through when 11 we had AEU there. Q. okay. And what were they doing? They were actualiy doing the wipe -- wiping down of a void space at the time? A. We11, at that time I don't think they were actua11y doing it. They had been Page 9 142 of 182 I..- 0 Folder 3 of 9 022410 - RAY in that space and had just either performed or were getting ready to go back into that space. Q. Do you reca11 any of the particu1ars about the job, the equipment that was used, anything a1ong those 1ines? A. what I cou1d see and my experience is that they had the -- they had the proper expiosion proof Iights. they had the proper venti1ation. and they had the proper PPE. what I cou1d see of the individua1s that were outside of the tank, at the time, had the PPE on around their neck, so obvious1y. they weren't wearing it because they weren't in the space at the time. Q. we11, what responsibi1ities in a situation 1ike that wou1d you or your office have for any of the testing or venti1ation or anything aiong those 1ines? 12 A. If we are aware of the scope of work and we've been tasked to go down there and do tank testing. then we wou1d go down there and perform that tank testing. But there are foremen that -- that are trained to do that. as we11. Q. okay. But you don't train them, but you know they are trained? A. Yes. They have been trained in the past. Page 10 143 of 182 .wai-IO Folder 3 of 9 022410 - RAY Q. And how do you know that? A. Just by sheer virtue of being with the company for that period of time. And they have been designated as the competent person. Q. okay. And who makes those designations, do you know? A. For each yard facility it would be the yard superintendent. Q. Now, you said that if you were if a request was made, then your office would send people down to do testing. A. Our safety reps. yes. Q. Yeah. Send safety reps down. How would that work? How would you 13 receive some type of notification for that activity? A. Well, supervision is responsible for ensuring that that that if they're working in a confined space that that confined space is -- is tested and is evaluated prior to putting people into it. And they would come down and they would let us know that they need testing and we would go down and start the testing in that space. Q. As simple as a verbal -- A. As simple as a verbal -- letting us know what the scope of work is. Page 11 144 of 182 Folder 3 of 9 022410 - RAY Q. And your peop1e, do they have to contact super some supervisor in your office or just any safety rep can be -- a request -- the request can be made of any safety rep? A. Yes. Q. And they're tasked I mean, they know that they can stop what they're doing and go make a test? A. That's right. That's right. Q. And what records are supposed to be 14 kept of these tests? A. we have we actua11y have two 1095. We have the ca1ibration of the instrument, itse1f. showing that a bump test has been done. That it's -- and the fact that it has been ca1ibrated. And then there is a log that they fi11 out showing that they have tested that confined space and it's been feund safe for entry. Q. And where is that -- those records stored? A. One is maintained in the safety office and the other one wi11 be either stationed outside the confined space or right at the gangway. depending on the situation. Q. And those are requirements of who? who makes those requirements? Page 12 145 of 182 Folder 3 of 9 022410 - RAY A. That's part of our company poiicy. Q. Written into what? A. In our confined space poiicy. Q. The recording and the posting A. Yes. Q. -- are in the confined Space poiicy? 15 A. Yes. Q. Have you had an occasion to at any time in the past to actually go into one of the confined spaces or either we11, any type of confined space at the faci1ity? A. At that faci1ity. no. Q. In the two-and-a-half years that you have been the environmenta1 coordinator. have you ever been in a confined space? A. Not in that faci1ity, no. Q. We're ta1king about Escatawpa now. right? A. Right. Q. Now. where were you before then? A. My office is based out of Ha1ter, Moss Point. Q. Oh. okay. So you've been inside of confined spaces? A. oh. I've been inside confined spaces. Q. since your office is not at Escatawpa why wouid you what reason wou1d Page 13 146 of 182 23 24 25 E.) Folder 3 of 9 022410 - RAY you have to go over to the Escatawpa 1ocation? A. If I was requested to come over 16 there and check something out. The advantage that we have over there is that Mona Dixon is there, as weTT. So she if something was to happen that may be out of her scope of work or she needed some assistance, she wou1d ca11 me and I wou1d go over there and assist her. Q. You are aware of the chemica1s used for the c1eaning activity. right? A. Yes. sir. Q. okay. Do you te11 us, what do you know about the origin of that particu1ar chemica1 as -- being used for c1eaning purposes? A. what do you mean by "origin?" Q. How long has it been used for c1eaning? A. As far as I know, it's been used for c1eaning since long before I've been there. It's been it's been a genera1 practice that that soTvent has been used. I've actua11y done some inquiring about changing it and what the genera1 industry standard is. I've taiked to other Page 14 147 of 182 mm-waIFolder 3 of 9 022410 - RAY 1? facilities; Ingalls, signal International. and they are continuing to still use it. I've even actually gone further and talked to the paint representatives and talked -- and asked them what the industry standard is, and they're still using the solvent, as well. 0. So. if I understand you correctly, other companies -- you're telling me other companies that you have contacted are using the -- what we call -- are going to call wash solvent as a way of cleaning inside of confined spaces, right? A. Yes. sir. And the basis of that is, is that the paint manufacturers will only warranty it if you use that type of product. Q. okay. And. since you?ve done a little research into this area, have you found out whether or not these other companies are doing it exactly the same way? A. They have been doing it exactly the same way we have, which is in a course by the OSHA standards. Q. Now. when you say by -- by the OSHA 18 standards. what do you mean by that? A. By maintaining proper ventilation Page 15 148 of 182 OWNGUIAUJ mmnbU-DNH Folder 3 of 9 . 022410 - BAY and testing and training of confined space. Q. Okay. now, when did you start your research and do you know, trying to find maybe an aiternative for this wash soivent that's being used? A. After the accident. Q. okay. There was no mention of this prior to the accident. no -- no mention of trying to come up with an aiternative prior to the accident? A. no, sir. Q. You never made any inquires about this untii after the accident? A. No. And because it's -- and because it's been an industry standard. Q. But you deai -- we've been toid eariier that there were some conversations and some actuai research into trying to find an aTternative for this wash thinner even before the accident. But you haven't heard any management Speaking about it? A. I -- no, I was not aware of that. Q. Okay. Now, the ventiiation, are 19 you with the method that's used for ventilating confined spaces A. Yes. sir. -- at Escatawpa? A. Yes. Yes. I am. okay. Now. te11 us what how do Page 16 149 of 182 Folder 3 of 9 022410 - RAY you understand that they -- they go about venting their confined spaces. A. Typica11y. what they use is they use air that's suppiied, which is yard air, compressed air that they run through an air -- what they ca11 an air horn, which is 1arge vo1umes of air that are pumped through the space. And they have. in the past, used fans. Q. okay. But they don't -- why wou1d they use two different modes, do you have any idea; the air horn and the fan? A. Probab1y I can't specu1ate as to why. That just may be the situation that they're in right now. One's more convenient to the other. Q. Okay. We11, you -- have you ever been asked to make any type of determination as to whether or not the ventiIation amount 20 that they are -- using the method that they use is adequate? A. Not me persona11y. no, sir. Q. Do you A. Because I'm not -- I don't work on that yard. Q. Okay. Do you know of anyone who has done that sort of thing A. who -- Q. -- eva1uated the venti1ation Page 17 150 of 182 Folder 3 of 9 022410 - RAY properties for -- A. Our competent peop1e wi11 do that. our safety reps wi1] go up there and test that. Q. Do you know for a fact that the safety reps are testing to ensure that they are the venti1ation is adequate? A. Yes. They -- we11, prior to the accident. I don?t know. since the accident. yes, they are. Q. we11. te11 us from your standpoint or understanding, what has been done since the accident to prevent reoccurrence? A. what we have done is, is we've gone even further and purchased more fans. we're 21 doing more testing. Supervision is 1etting us know more about what they are doing so that we can go up and test those. And then we've gone even beyond that and gotten more peop1e trained as competent peop1e so that we're -- we're a little a who1e 1ot more aggressive in testing before peop1e go in and work in the particuiar confined spaces. 0. Have you had any input to the actual se1ection of equipment that's being purchased now. A. N0. sir. Q. So you don't know anything about the fans, the 1ights. and that sort of thing Page 18 1510f182 Folder 3 of 9 022410 - RAY . that are being purchased at this paint in time? A. No. sir. That's happening over on Escatawpa and the decisions are being made by supervision over there. Q. The yard that you work at. your guys are not doing something similar? A. A11 three are doing the same thing. Q. And you are invo1ved in the purchasing at your faci1ity? 22 A. I'm not invo1ved in the purchasing of anything 1ike that, sir. Q. Have you actua11y examined any of the equipment that's used ventiTation or for 1ighting in these -- A. I have in my course of of wa1king around. yes. Q. Prior to the accident? A. And prior to the accident. Q. Wei], can you te11 us from your standpoint or describe the equipment that you?ve seen used in these confined Spaces? A. The air horns that they use and the expiosion proof fans that they use. Q. And how do you know that these fans are exp1osion proof? A. Because they c1ear1y state it on the fan. Page 19 1520f 182 Folder 3 of 9 022410 - RAY smousexxt Q. okay. It says explOSion proof fan. Could you describe the type of fan that you have seen with the explosion proof labeling on it? A. Other than just being a label with a bunch of information on it stating that it's explosion proof and UL protected. ?5 Q. what color was the fan? A. I want to say it's blue. Q. Okay. Now, what about the lights, the portable lights that are used inside of confined spaces? A. what is it that you want to know about them. as far as -- Q. Have you ever, actually, examined one of those lights? A. Yes, I have. 0. could you tell us what A. They're -- they're heavy duty lights. They they have cages around them. They have a -- it's an explosion proof bulb that's inserted into them and they're maintained by supervision. Q. Is it labeled "explosion proof?" A. I have not seen it. I wasn't really looking for that. I was looking for the durability and making sure that there was no nicks or anything like that that may cause an explosion. Page 20 153 of 182 23 24 25 mmwasmAwNIFolder 3 of 9 022410 - RAY SPROUSE .txt Q. what training have you had to become a competent person? A. I was trained by Jack Albritton. 24 the marine chemist. And then I have 22 years in the u.s. training in that. as we11independent duty corpsman in the mi1itary. I'm reSponsib1e for the hea1th and safety and welfare of the individuais aboard the ships. Q. Okay. So corpsman work. I guess the point I'm trying to make is. you know what an exp1osion proof 1ight 1ooks 1ike. right? A. Yes, sir. Q. You know it has to be 1abe1ed, too, right? A. Yes, sir. Q. And the ones that you examined didn't have a 1abe1 on it? A. I did not notice a 1abe1. Q. Right. so -- and chances are, without a 1abe1, you shou1d recognize that it's not an explosion proof light. right? A. Yes. sir. Q. So we can probably assume that the 1ight that you examined -- and it was -- I'm Page 21 154 of182 Folder 3 of 9 022410 - RAY 25 going to -- let's make the assumption, was it fairly new, the one that you -- A. The ones that I have seen. yes. Q. okay. without labels on them; is that correct? A. Yes. Q. Okay. So and you have -- have you ever seen an explosion proof light that was actually labeled as explosion proof? A. I have seen them. yes. Q. okay. So you do know what an explosion proof light looks like. A. I do know what they look like. Q. okay. So, in your opinion, is the one that you looked at, was it -- would you consider that to be an explosion proof light? A. The ones that I have looked at are -- yes. are explosion proof lights. Q. I mean. the ones that you examined here at Halter Marine A. Yes. Q. -- without labeling. you would still consider them to be explosion proof? A. Yes. 26 Q. why? A. Because of the way that they're -- the way that they're built and the way that Page 22 155 of 182 INd?mwar-l Folder 3 of 9 022410 - RAY they're designed. Because of the and how heavy duty they are. And by the sheer virtue of having experience of seeing an exp1osion proof 1ight. Q. Are you with the Nationai Fire Protection Association. that organization? A. I;m fami1iar with the organization. Q. NFPA, right? A. Uh-huh. Q. okay. what about the NFPA -- the National Eiectric Code -- A. I'm not -- I'm fami1iar with it. but I don't know that. That's our e1ectricians. Q. okay. we11, on the NFPA 500, Articie 500, it taiks about hazardous ciassified areas and equipment that's appropriate for those areas. A. Uh-huh. Q. And it also taiks about the -- the requirements of labeiing of the equipment 2? that's approved for use in areas. A. (witness indicated by nodding head.) Q. Are you with that requirement? A. No, sir. Q. But we can safely say that the - Page 23 156 of182 @mem-?wwl? is ha :3 Folder 3 of 9 022410 - RAY the equipment that you examined at Halter marine, the lights, portable lights. even though they are heavy duty. you've never seen one with a label on it that said explosion proof; is that correct? A. Right. And I never looked for it. either. I never looked for the label. Q. well. did you look for the one that was on the blower or was it obvious? A. Look for the light that was on the blower? Q. No. The blower, the label that's on the blower that said explosion proof. A. It's obvious. It's rather large. Q. Right. 50 there was no obvious label on the lights; is that correctokay. Now. the company has a 28 written confined space program; is that correct? A. That?s correct. Q. And you've read it. I'm assuming. A. Yes. Q. okay. Now, in that confined space program, does it talk about the procedure for cleaning prior to painting? A. Not as far as cleaning. but as far as checking the area. checking the confined Space. Page 24 1570f182 mthI-IO Folder 3 of 9 022410 - RAY 0. Okay. Wei]. I guess what I'm asking is, are there procedures -- written procedures that you've ever seen that addresses c1eaning of confined spaces? A. As far as it being -- no. I -- I don't -- I I have not seen anything. Q. okay. what about procedures for actua11y painting of these spaces that -- I'm -- I'm referring to the ones -- 1ike the one that the accident occurred in. A. There is -- there is a procedure in there for when -- when they begin painting and the type of respirator and supp1ied air and PPE, and testing that's required for 29 those confined Spaces. Q. okay. And it addressed the painting operation? A. And they address the painting operation. Q. But. as far as you know, there is nothing simiiar to that where they actuaiiy require c1eaning prior to painting; is that right? A. As far as I know. Q. okay. Now. do you know if there are going to be any efforts to to deveiop written procedures for the cieaning app1ication going forward? A. As far as I know, we -- we have Page 25 158 of182 Folder 3 of 9 022410 - RAY developed an executive safety steering committee and all of those are part of it. We will be revamping and redeveloping. Q. You are going to redevelop your confined space program? A. I'm not sure. I mean, all of our safety programs are going to be under redevelopment and -- and review. Let's say review. Q. Okay. And have you participated in 30 any of -- any accident investigation committee that's been formed since the accident occurred? A. No, sir. The only only experience I've had is walking with and his counterpart when we did the wall~to-wall inspection. Q. Do you know of anything specific that's been done to prevent the recurrence of this accident? Again, I think I've asked you that. A. Yeah. We've gone in and we've looked at trying to get something different as far as a wash down and we've done further training and educating of our personnel and more tank testing. Q. Now, I think I've heard that there will be a safety person associated with this activity in the future. Page 26 159 0f182 Folder 3 of 9 022410 - RAY A. Yes. That's my understanding. Q. And how is that going to work? A. I'm not -- I don't know. I -- I haven't been -- I haven't been privy to that information as of yet. Q. And who is going to have the 31 responsibility. I guess, for 1eading the review? You said there's a safety committee. But whose responsibi1ity is it going to be for shepherding this -- heading this committee or -- A. It?s our CEO. Bi11 -- Mr. Bi11 skinner. Q. Mr. Sprouse, you said that you have seen VT HaTter's confined space program, right? A. Yes. Uh-huh. Q. And you have read that confined space program? Yes, I have. Is this the program here? A. This is the program. (witness reviewing document.) This is it. Q. Can you show me in that program - I think asked you whether or not does it address cieaning. using the wash thinner. or anything that's in there. the Page 27 1600f182 24 25 tDoonm-bwwnFolder 3 of 9 022410 - RAY procedures as far as that's going to be that's in that programc1eaning, no. but it c1ear1y states that the supervisor shal] ensure that a11 spaces that may require inspection, atmosphere testing, are appropriate1y checked prior to entry by any employee. 0. That's in that program. right? A. Right -- Q. It's written there? A. (witness indicating.) Q. okay. okay. The changes in the program. in the confined space program, as far as -- you stated ear1ier about testing, about posting the confined space testing on the vessei or either the gangway. Is that going to be something that's going to be imp1emented or changes that's going to be made in the confined space program? A. That's actua11y part of my training when I -- when I train them because that's a1so a part of the requirement by OSHA. is the proper posting and 1ogging of actua11y doing that testingseems -- it seems there are some discrepancies as far as 33 Page 28 161 of182 \lmU?Iwal-l L003 Folder 3 of 9 022410 - RAY who -- who has been trained as far as the competent person. I know you know. stated that he was trained by -- by Mr. Sprouse as a competent person. A. (witness indicated by nodding headyou reca11 doing any training for as a competent person? A. NO. I do not recai] doing that. However. after the accident we did do some refresher training and he was probabiy in there. without having the roster in front of me. I wou1dn't be ab1e to te11 you for sure. But, prior to that, I had done no training with him at a11. Q. Are you aware that he is a competent person? A. Yeah. Q. How Iong have you how 1on9 have you a11 had the -- the Biosystem Mu1tivision meter to perform your testing? A. since the hurricane. We had other testing devices prior to the hurricane, 34 which. you know, ruined, and I don't know what -- I don't know what they were because I wasn't in Page 29 162 of182 Folder 3 of 9 022410 - RAY 0. Okay. So you've had the Biosystem Mu1tivision meter since the hurricane? A. Right. That's what, 2005, correct? A. Correct. On that meter -- on a meter. on the meter that you 311 use to -- to perform your testing in a confined Space, if you see a Tabei or a stamp or a date on that meter that says, "due by 7/6/2007." what does that mean to you? A. If I see a 1abe1 that says -- 0. Yeah. A. -- it's due? Q. Yeah. A. It wouid have to be -- it wou1d have to be a better explanation as to what it is that they mean by "due." Was it due for inspection? Due for review? Due for ca1ibration? what is the "due?" I'd have to see the 1abe1 to see what it said. 35 Q. You'd have to see the 1abe1 A. Yeah. I'd have to -- Q. -- on the meter? A. Right. okay. I have a question, Page 30 163 of182 Folder 3 of 9 022410 - RAY Go ahead. 0. You said that you guys got this new Muitivision in, in 2005? A. For a11 the faci1ities. yeah. I'm not aware what a11 the other were using prior to the hurricane. Q. But it rep1aced what was there? A. what was damaged. Q. Right. Now, since that -- you guys got a new meter in, did you train anyone on this new meter? A. Yes. I did. That was part of the training. Q. okay. And -- but there was on1y the safety reps that you trained on this new meter; is that correct? A. Right. Right. 36 Q. Now. there were other competent persons at this at your Facility. right? A. Right. And they had been familiar with that meter. So if, in Escatawpa, their meter did not get damaged because it was up high. and it was sti11 the Multivision meter. Q. How many meters -- okay. so you what -- how many meters -- do you know how many meters they have at Escatawpa? Page 31 164 of 182 Folder 3 of 9 022410 - RAY A. They have two of them. Q. They have two of them? A. Yes. Q. As we speak today, they have two of them? A. They actua11y have three. Q. They have three? A. Because I purchased a backup. so in the event that one goes down, then we?ve got a backup. okay. Q. I guess I'm a 1itt1e confused here. You said that the meters, the 01d meters 37 they had been using a11 of the -- for some time at EscataWpa. they weren't damaged, so they continued to use them, right? A. At Escatawpa. yes. They had a Biovision prior to that. And they -- and they had other meters, as we11. and I don't know what those meters were. Q. okay. But when in 2005, when you when the -- there was a purchase made of new meters. but it wasn't universa? and you didn't repiace a1] of them once, you just repiaced some of them -- some of them just the ones that were damaged, basica11y; is that correct? A. which were all three facilities in Page 32 165 of182 Folder 3 of 9 022410 - RAY the safety office. Q. okay. Because we have been told by at least one person that they didn't -- that the meter that they were -- had used in the past was replaced with a new meter that they were not taught to use. So after the purchase of the new meters you didn't train people on the use of the new meters in areas where -- where the meters were placed? 38 A. I trained the safety personnel, those competent people. on how to use the Biosystems Multivision air sampling machine. The -- in Escatawpa they had the same meter prior to the hurricane. Their Biosystems meter was never damaged. Q. Okay. Well, who trained those people to use that meter? A. I don't know. Q. You said you purchased a new meter for the Escatawpa area at some point in time. A. That was damaged. yes. Q. And when was this? A. After the hurricane. After the hurricane we purchased them. Q. So you did purchase and place a new meter at Escatawpa? A. Right. And I trained the safety Page 33 166 0f182 20 21 22 23 24 25 Folder 3 of 9 022410 - BAY reps. That was their meter that was damaged. Q. okay. Now. wou1d you expect the safety reps to train others on the use of that meter or is that not part of your concern? 39 A. No. I I don't know. I didn't I didn't train anybody e15e on that other than the safety reps. Q. NO refresher training for anybody or any other competent person? A. They are they are constantiy using that particu1ar meter and -- and, occasiona11y. I wi11 go over when I do some routine environmenta1 inspections and I wd11 verify that they're doing the proper documentation and ca1ibration of that instrument. Q. And -- A. So it's a constant. ongoing thing that they're using. Q. And it seems to be kind of confusing. Because we -- I'm hearing from some of the competent peopTe that -- that -- that you were the one that trained them. A. I trained individua1s after the accident. Q. This was okay. Page 34 167 Of182 Folder 3 of 9 022410 - RAY A. And then I trained safety reps. a1] of the safety reps that get hired in. 40 Q. Okay. There's sti11 some confusion that you trained some of the competent peop1e even before the accident. Even some of the competent peop1e has has stated that you are the one that trained them. A. Not in Escatawpa. Q. Yeah. A. I've only done the one class in EscataWpa. Q. But -- okay. After the accident we sti11 have Mu1ti -- a different se1ection of meters within Ha1ter -- A. NO. Q. -- marine now? A. ND. They're a1] the same. Q. okay. And you sett1ed on what type of meter now? A. The Biosystems Muitivision. Q. okay. Now, every competent person in with -- at Halter Marine now knows how to use the meter that's avai1ab1e to -- A. Yes. Q. -- that faci1ity? You have persona11y trained a11 of 41 Page 35 168 of 182 45me Folder 3 of 9 022410 - RAY them? A. No. I have not persona11y trained a11 of them. Again, I have trained just the safety reps. We had a c1ass that a11ows them -- we didn't have other competent peop1e within the faci1ity -- within other faci1ities. So it was just the safety reps that were trained. Q. So the safety reps at Escatawpa wi11 be A. Yes. 0. Now. who is going to train a11 of those prior competent people that were considered competent persons that are not safety reps to use this new equipment that you guys now have standardized on? A. It -- we wou1d -- they wou1d have me come over and show them and -- and indoctrinate them to the piece of equipment or they wou1d have the safety reps do it. Typica11y, it wou1d be me. that I wou1d go over and -- and orientate them to the piece of equipment. But. again. in 42 Escatawpa, they've a1ways had the Biovision Multisystem unit. Q. okay. So to to date. then. you don't know that a11 competent persons have Page 36 169 of182 Folder 3 of 9 022410 - RAY are sufficient with this new meter that's been made universa1 now, right? A. My understanding is, yes. they have. Q. And you have that understanding from -- A. Because I have done -- I have done the training. right. now, if we're ta1king about specifica11y Escatawpa, a11 right, they had a meter in there 1on9 before I took over in to this position. the same exact meter that we're using right now. Q. Okay. we11. I know I -- I understand what you're saying. But my question is: You realize that there are other competent peopie at Escatawpa. other than the safety reps, right? A. Yes. Q. okay. Now, you have trained the safety reps. So how do you know that other competent people -- I know you said. also, 43 that they had those meters before. A. Right. Q. But how do you know that they know how to use those meters that they had before? 00 you -- A. Just by the sheer virtue of them continuing to use that Biosystems meter. 0. so it's your office's Page 37 170 of182 Folder 3 of 9 022410 - RAY responsibi1ity to ensure that competent peop1e -- that those designated as competent persons are actua11y competent, right? A. Yes. Q. So but. to date, you haven't verified that the competent pe0p1e, other than those safety reps. are actua11y competent: is that correct? A. No. They -- they have continued to use that piece of equipment. and it has been in place since the inception since me even coming to the faci1ity. Q. We11, 1et's go past the mere fact of using the meter. Let's ta1k about them being competent peopie -- A. Right. 0. -- in the tota1ity of the competent 44 person requirements. Have you verified that a1] persons at Ha1ter Marine are now, in your opinion. competent persons. meet the competent person requirement? A. Yes. Q. How have you verified that? A. We've done training. Q. For just the reps, safety reps; is that correct? A. No. No. I told you that we did training after after the incident where Page 38 171 of 182 Folder 3 of 9 022410 RAY we had those individuais come in to be retrained on the Biosystems Mu1tivision and that the yard superintendent had a1so designated other personne1 to be competent person training. Q. Okay. So now you -- after the accident you have trained not only safety reps, but the other foremen and everybody e1se who was designated as a competent person, you have verified now that they are -- a11 meet the requirements of a competent person? A. Right. And then we had a marine 45 chemist come in and do a ciass beyond that, as wel1. Q. Do you keep -- for -- for the peop1e that you have trainedoperate the the Biosystem multivision meter, do you document who has attended that training? A. Yes, I do. Q. okay. Either before and after the accident? A. Yes. Q. Do you have know1edge of any competent persons that's at the Escatawpa site. who those peop1e are? A. No. sir. Other than the safety Page 39 172 Of182 Folder 3 of 9 022410 - RAY reps and, I be1ieve, because I have been toid that he was the competent person. Again, the yard superintendent is the one that designates on his yard who is the competent person. Q. You said That's that's -- the same as A. Right. BY 46 Q. I do have. I guess, one -- another question about -- on a different subject. The air horn. are you familiar with the operation of that -- A. Yes, sir. Q. -- how it works? A. Yes. sir. Q. Could you exp1ain how it works, p1ease? A. That comes from forced compressed air from the yard, and it forces air through that born at high ve10city to fi1ter -- we11, not fiiter, but to venti1ate the space. Q. And this is evacuating of the space or putting -- putting forced air into the space? Are you evacuating the air or putting the air into the space? A. We're putting the air into the Space. Page 40 173 of 182 21 22 23 24 25 \DmemthlFolder 3 of 9 022410 - RAY Q. with the horn? A. Right. Q. okay. And the pressures that you're normally using for that? A. It's -- it's on the horn. I don't 4? know that off the top of my head. Q. okay. what type of ve1ocities do you get with that horn? A. I don't know. That's on the horn. I don't know that off the top of my head. Q. okay. Is, typica11y, a horn alone sufficient to venti1ate a space A. Yes. Q. -- for c1eaning. if they were doing cleaning? A. If -- if they were -- if they were doing c1eaning. Q. Now, what wou1d be a situation that wou1d require some additiona1 venti1ation? A. Any any type of painting operations or we1ding operations that may go on. Q. okay. But to make sure I understand you for c1eaning a1one, the horn woqu be sufficient. But. if you were doing something else inside of a space wou1d that be in addition to the cieaning or just another type of activity; you might need two types of venti1ation? Page 41 174 of 182 25 wmmethImwaHomooummwaI-Io Folder 3 of 9 022410 - RAY A. we11. again. it wou1d -- it would 48 depend on the confined space and how the air is being forced in there and being -- and being tested. Is it adequate? Is the air adequate enough to give enough air exchange by mechanica] means or engineering means to make that safe -- make that space safe. Q. Uh-huh. And. again, that was one of my questions. I think. ear1ier: How wouid you know you?re getting adequate venti1ation? And I be1ieve you said you just have to test it. A. You have to test it. Q. So when wouid the test have to be done? A. It wou1d be done during the process and -n and periodica11y throughout the process. Q. So when the venti1ation initia11y begins you would have your -- the recommendation is to test -- A. Right. Q. -- before the peop1e go into the A. Right. Yes. sir. Q. And then if that's sufficient, then 49 Page 42 175 of182 moowmm-aniFolder 3 of 9 022410 - RAY you have the peop1e go in? A. Right. Q. Now, we're ta1king about -- we11, Yet's ta1k about the inner bottom void. And you're familiar with that A. Yes. Q. -- space? In your opinion, wou1d the air horn aione be sufficient during a c1eaning operation to provide adequate venti1ation? A. Again, you wou1d have to be doing the testing to verify that it wou1d be -- that that wou1d be adequate. Q. So if they were using, say. more solvent or something 1ike that and -- or more peop1e were c1eaning, you might need an additionai means of venti1ation? A. We may need an additiona1 means of ventiiation. Q. But it's not uncommon -- we11, maybe I shou1d ask you: Is it uncommon to have the say, a b10wer and an air horn being used at the same time? A. No, it wou1d not be uncommon. Q. Do you know anything about the 50 storage of the equipment. the blowers. the lights. that sort of thing? A. No, sir. Q. Do you know anything about the Page 43 176 of182 canvas-41 Folder 3 of 9 022410 - RAY . acquisition by emp1oyees of the equipment before the work starts? A. No. sir. Q. I think eariy on you said that you you had persona11y participated in the search for a substitute for the wash thinner and you have been unsuccessfu1 to date, at this point; is that correct? A. We have found a coupie of products and we?re having the paint, I guess sa1esmen, take it back to their manufacturers to see if it's compatibIe with what we wou1d be doing and wou1d they warranty that paint. Q. what product are you 1ooking at? A. I'm Iooking at a Gone 02, and there's another three?step product. and there's another product ca11ed RDP. which is kind of a sprayvon product that you you wou1d ju5t wipe down when you actua11y start getting -- you wipe down with water, 51 pressure wash it and wash it down. Q. These are not soIvents, then? A. They are not so1vents. Q. They are what base -- what chemicai base are they; do you know? A. I don't. I don't know off the top of my head. but they -- the -- the f1ash you don't have the flash point prob1ems that Page 44 177 of182 ooaummawwia h. NHO Folder 3 of 9 022410 - RAY you do with the soivent. Q. They're not f1ammab1e or combustib1e? A. Right. Q. Is there a good prospect for the use of those or do you have an opinion? A. I don't know yet. Q. But in your opinion wi11 they do the job? A. Again. I don't -- I don't know that, if they wi11 do the job because that's a11 based on the paint department. Q. Okay. You just se1ect well. I guess -- A. I found some. Q. You found a coup1e of chemica1s that you now have submitted to the to the 52 paint companies to see whether or not their people wi11 do the testing and approve -- A. Right. Q. -- those chemicais? A. Right. Q. But I guess my question is: why do you think they might be good candidates. then? A. For us, it reduces that flash point. reduces that risk. Q. But the idea was to remove, I think, grease and that sort of thing from Page 45 178 Of182 Folder 3 of 9 022410 - RAY the wa11s. wi11 it remove the grease A. Yes. -- from the -- A. Right. Okay. There was aiso some mention of there was aiso some mention of the use of a dehumidifier on occasions. Can you expiain that? A. I?m not aware of any dehumidifiers. Q. Used to A. Used -- no. I'm not aware of any dehumidifiers. Q. wou1d there be a prob1em using a 53 dehumidifier in a confined space on a ship? A. As 1on9 as it's -- in my Opinion, as 1on9 as it's exp1osion proof. I don't know why you wouid use it. I'm not a painter, so I don't know why you wouid I don't know why you wou1d use it. Q. To reduce the moisture content. A. Wei}. I know what a dehumidifier is. but I I don't know why you would use it. I haven't seen it being used. Q. But as an environmenta1ist I'm asking you what about -- if you have any prob1ems with the use of one. A. I wouidn't see any prob1em with using one, no. Q. Are you fami1iar with the company Page 46 179 of182 Folder 3 of 9 022410 - RAY that they obtain this wash thinner from? A. No. sir. Q. okay. A. Again, I'm not I don't do the purchasing. so I'm not aware of where it comes from. Q. Are you aware of any incidents that have occurred using thinner or any so1vent as -- for cTeaning in a confined space? 54 A. No, sir, I'm not aware of any. Q. No incidents? A. NO. Q. Speaking of incidents, other than the one that occurred -- A. Anywhere e15e in the country? Q. No. Anywhere e1se in Ha1ter Marine. A. No. No. sir. Q. I've got one other question. Yes, sir. Q. Before the accident. did you train as competent peopie? A. Not that I'm aware of. Not without a training roster. I cou1dn't te11 you for sure. okay. I don't have any other questions. Thank you. mr. Sprouse. Page 47 180 of 182 21 22 23 24 25 wmummawwp Folder 3 of 9 022410 - RAY (whereupon, the sworn statement conc1uded at 8:21 SS CERTIFICATE OF REPORTER STATE OF MISSISSIPPI) COUNTY OF HARRISON) I, Court Reporter and Notary Pub1ic in and for the State of Mississippi, do hereby certify that on February the 24th. 2010, the above- referenced sworn statement was he1d: that the testimony was taken stenographica11y and transcribed by myse1f as it now appears on the transcript hereto attached; that I am not a relative or emp1oyee or attorney or counse1 of the parties, nor a re1ative or emp1oyee of such attorney or counse], nor am I interested in this proceeding or its outcome. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia1 seal this 4th day of march, 2010. MS CSR 1798 Notary Public Page 48 1810f182 022410 - RAY 25 My commission expires 3/25/12 Page 49 Folder 3 of 9 182 of 182