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Alexander v. Demmer Corporation

8/20/2002

and hand. Lost index finger, crushed hand. Blank stated blank saw others do the job, was only blank stated saw others do that, so blank did too with the power on. You don't question what goes on, blank, blank. Employee blank also stated blank cleaned with power and so did blank. But rolls separated with a rag. On 3-15 of '95 cleaned rollers with power on, crushed hand, amputated ring finger right hand. Can't use hand still. Currently they - I am not sure what this is - currently they, probably should say one rolls two inches and someone else jogs while the employee cleans. No lockout machine specific. Presses have air and electrical possible confusion, so there was multiple problems. [Emphasis added.]


Q: Is there any requirement that the employer has to post the citations in the working area?


A: Yes.


Q: What's the requirement of the department in that regard? What do they have to do?


A: It states that they have to post them a minimum of three days or until the items are completely settled with the State, which means if I already abated the item, the minimum I have to post it is three days, and then if I want an informal settlement agreement or I want to appeal an item, then that correspondence or any other correspondence has to be posted next to the citations so the employees understand where they are at until it's completely settled with the State.


Q: Now, in this case where you have a number of citations, would they have to post the citation at the location of the equipment that it's in violation, or how would that - just post them in one location, or how does that work?


A: We accept a centrally located spot where the employees can read it, because the whole bottom line is that the employees understand what happened during the inspection.


McKenna testified at deposition that he was aware that Lockout was not being used on the R- 1062 for months before plaintiff's accident and on the date of plaintiff's accident, that he was aware on the date of plaintiff's accident that Garcia and plaintiff were cleaning the pinch rollers in jog, stop fashion, while they operated in forward motion, rather than reverse, that they were doing so with rags over their hands, and that the crews cleaned the rollers in this fashion because it would take too much time to clean using Lockout procedures:


Q: Who would be responsible for enforcing the lockout procedures at Demmer?


A: The safety coordinator does, but that's David Trew's responsibility as the maintenance supervisor, to make sure that's done, and the supervisors, if that's who has to do it.


Q: So you have a supervisory role in that connection?


A: Me?


Q: Make sure that Mr. Trew is doing his job ?


A: Yes.


Q: Now, as I understand it, on January 6th , 1998, the day that Kay Alexander was injured, you were present at the plant at that time, is that right?


A: Yes.


Q: So you had been there most of the day?


A: Yes.


Q: You had been on the floor earlier [i.e., before plaintiff's accident, which occurred around 5:00 or 5:30 p.m.] during that day?


A: Yes.


Q: Were you aware of what the state of their production was at that time, whether they were changing jobs or just exactly what was going on?


A: Minute by minute I don't know what they are doing, but I would say, yeah, I knew what they were - I had a pretty good idea what they were doing.


Q: What's your recollection in that regard?


A: I believe we were in die change at that time.


We were done with the

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