Benjamin Pimentel, Chronicle Staff Writer
Wednesday, November 19, 2003
URL: sfgate.com/article.cgi?file=/chronicle/archive/2003/11/19/BUGT335C5F1.DTL
The IBM toxics trial took a dramatic turn Tuesday when a former manager testified that Big Blue had a policy to essentially deny that workers faced any danger from being exposed to chemicals used in manufacturing.
The testimony of Arthur Diaz, who worked at IBM's former San Jose plant from 1966 to 2002, appeared to boost the claim of ex-workers Alida Hernandez and Jim Moore that the company created a hazardous workplace that caused them to develop cancer. The two plaintiffs are seeking unspecified damages.
Diaz's testimony seemed to carry weight because of his long and close knowledge of IBM's manufacturing operations -- expertise that apparently even made Big Blue consider him as a potential company witness.
But Diaz may also have a personal reason for testifying against his former employer: He suspects that his own exposure to dangerous chemicals may have caused his son's death 20 years ago.
Richard Alexander, who represents Hernandez and Moore, said his law firm also represents Diaz in a possible lawsuit against IBM.
Under questioning by Alexander, Diaz said employees under his supervision often came to him with complaints that the chemicals they used in so-called clean rooms made them feel sick.
But he said the company had instructed managers to give employees a standard response: "It is safe to work in the clean room."
Asked how he knew of the alleged policy, Diaz said the policy was handed down in manager meetings.
"I used it," he said.
"Was that policy always in place?" Alexander asked him.
"While I was a manager from 1981 to 2000, that practice was in place," Diaz said in a soft voice.
The testimony could be key in a case in which plaintiffs have to prove that IBM intentionally tried to hide from the ex-workers the potential health risks at the disk drive factory.
Alexander stressed that Diaz is "clearly a very credible person and a responsible manager."
IBM attorney Mary Ellen Powers repeatedly registered her objections, some of which were overruled by Santa Clara Superior Court Judge Robert Baines, who eventually allowed Diaz to testify on what he said was IBM's standard response.
In her cross examination, Powers pointed to Diaz's saying in a deposition that he sent workers who complained about feeling sick to the company's medical staff.
After the hearing, IBM attorney Robert Weber called Diaz's claim "a total falsehood."
"It is totally inconsistent," he added.
But IBM had apparently valued Diaz's knowledge and had deposed him as a potential company witness before he aligned himself with the plaintiffs.
Alexander declined to speculate on why Diaz decided to join the plaintiffs' camp.
In his testimony, Diaz said he was contemplating filing a suit, but he did not elaborate.
But Alexander said it may have something to do with the death of his son. He declined to give details, but Diaz apparently suspects that his many years of service at IBM may have caused health problems that he passed on to his child.
Alexander said his firm is investigating the death of Diaz's son as a step toward a possible suit.
IBM has faced lawsuits in other states alleging that workers' exposure to hazardous materials caused their children to suffer birth defects and other health problems.
"Mr. and Mrs. Diaz lost a son, and the pain of that loss is with them every day," Alexander said.
He added: "Birth defects in children of workers exposed to electronic industry chemicals can be caused by genetic damage" to the parents.
Diaz testified that part of his job was to oversee the solvents used in manufacturing, including Freon, acetone and isopropyl alcohol. Workers routinely came to Diaz to refill squirt bottles of chemicals that they used for cleaning parts and work areas.
Among them was plaintiff Moore.
"Operators came to the door for refills, and I would fill them," Diaz said. "It was a large manufacturing process. It was very busy."
The trial continues today.
E-mail Benjamin Pimentel at bpimentel@sfchronicle.com.
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