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Schwoerer v. Union Oil Co.3/12/1993
kin, wash with soap and large quantities of water. Seek medical attention if irritation from contact persists.
"Inhalation [--] If breathing difficulties, dizziness, or lightheadedness occur when working in areas with high vapor concentrations, victim should seek air free of vapors. If breathing stops, begin artificial respiration and seek immediate medical attention. ...
"Section III--PHYSIOLOGICAL EFFECTS AND HEALTH INFORMATION
"Skin Effects [--] This product may cause skin irritation upon prolonged or repeated contact.
"Systemic effects [--] Various studies have shown a possible association with exposure to this product and the following:
"Respiratory tract irritation ...
"Central nervous system depression in high concentrations ....
"Section IV--SPECIAL PROTECTION INFORMATION
"Respiratory Protection (Specify Type) [--] The use of respiratory protection depends upon vapor concentration above the time- weighted TLV; use a NIOSH approved cartridge respirator or gas mask. ...
"Protective Gloves [--] The use of impermeable gloves is advised to prevent skin irritation in sensitive individuals. ...
"Other Protective Equipment [--] Impermeable aprons are advised when working with this product. The availability of eye washes and safety showers in work areas is recommended."
The MSDS distributed by Ashland contained similar pertinent instructions and warnings:
"Section V-HEALTH HAZARD DATA
"EFFECTS OF ACUTE OVEREXPOSURE; FOR PRODUCT
"SKIN -- PROLONGED OR REPEATED CONTACT CAN CAUSE MODERATE IRRITATION, DEFATTING, DERMATITIS.
"BREATHING -- EXCESSIVE INHALATION OF VAPORS CAN CAUSE NASAL AND RESPIRATORY IRRITATION, CENTRAL NERVOUS SYSTEM EFFECTS INCLUDING DIZZINESS, WEAKNESS, FATIGUE, NAUSEA, HEADACHE AND POSSIBLE UNCONSCIOUSNESS, AND EVEN ASPHYXIATION.
"FIRST AID:
"IF ON SKIN; THOROUGHLY WASH EXPOSED AREA WITH SOAP AND WATER. REMOVE CONTAMINATED CLOTHING. LAUNDER CONTAMINATED CLOTHING BEFORE RE-USE. ...
"PRIMARY ROUTE(S) OF ENTRY: INHALATION, SKIN CONTACT ...
"EFFECTS OF CHRONIC OVEREXPOSURE; FOR PRODUCT OVEREXPOSURE TO THIS MATERIAL (OR ITS COMPONENTS) HAS BEEN SUGGESTED AS A
CAUSE FO THE FOLLOWING EFFECTS IN HUMANS ... CENTRAL NERVOUS SYSTEM EFFECTS ....
"SECTION VIII-PRODUCTIVE EQUIPMENT TO BE USED
"RESPIRATORY PROTECTION; IF WORKPLACE EXPOSURE LIMIT(S) OF PRODUCT OR ANY COMPONENT IS EXCEEDED ... A NIOSH/MSHA APPROVED AIR SUPPLIED RESPIRATOR IS ADVISED IN ABSENCE OF PROPER ENVIRONMENTAL CONTROL. ... ENGINEERING OR ADMINISTRATIVE CONTROLS SHOULD BE IMPLEMENTED TO REDUCE EXPOSURE.
"VENTILATION: PROVIDE SUFFICIENT MECHANICAL (GENERAL AND/OR LOCAL EXHAUST) VENTILATION TO MAINTAIN EXPOSURE BELOW TLV(S).
"PROTECTIVE GLOVES: WEAR RESISTANT GLOVES SUCH AS ... NITTILE RUBBER ....
"OTHER PROTECTIVE EQUIPMENT: TO PREVENT REPEATED OR PROLONGED SKIN CONTACT, WEAR IMPERVIOUS CLOTHING AND BOOTS."
Plaintiff came into contact with the solvent when he was employed by Sierra from February 1986 through April 1987. During a part of that time, plaintiff was a mechanic on a boring machine used in cutting a water conduit tunnel. For six months, plaintiff worked with the solvent inside the tunnel. Plaintiff complained to his supervisor of the lack of ventilation and the need for a respirator, but plaintiff's supervisor dismissed plaintiff's concerns.
During the remainder of the period of exposure, plaintiff worked in a shop cleaning machine parts with th
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