Expert says firm knew about benzene at plant
Benjamin Pimentel, Chronicle Staff Writer
Friday, December 5, 2003
URL: sfgate.com/article.cgi?file=/chronicle/archive/2003/12/05/BUGOF3GCTB1.DTL
IBM apparently knew about the presence of a known cancer-causing chemical in a major work area, but did not try to determine how much of it was in the air, a chemistry expert testified at the company's toxics trial Thursday.
Barton Simmons, chief of the hazardous materials laboratory of the California Department of Toxic Substances Control, said IBM's air sampling records from the mid-1980s show that Big Blue scientists had found benzene in a key room at the company's former disk-drive factory in San Jose.
But he said it appeared that IBM's staff did not take further scientific steps to try to measure the chemical.
Simmons testified as an expert witness for plaintiffs Alida Hernandez and Jim Moore, who allege that they developed cancer as a result of working at IBM's facility. They are seeking unspecified damages.
At issue in the trial is whether Hernandez and Moore became sick because of their work at the factory and whether IBM knew about their illnesses -- through tests and diagnoses performed by its medical staff -- but did not disclose to the plaintiffs the link between their health problems and their jobs.
Simmons said he had examined up to 2,000 pages of documents from IBM, including laboratory notes and records of air-sample tests at that facility.
But in his cross-examination, IBM lawyer Robert Weber suggested that Simmons was second-guessing scientists who performed the tests conducted about 20 years ago.
Pressed by Weber, Simmons acknowledged that trace amounts of benzene can be detected in many places -- including the Santa Clara courtroom where the trial is taking place.
But he later stressed that, although no complete calculation was done, the amounts recorded by IBM for the workplace appeared to be much higher than trace amounts.
Weber also questioned Simmons' interpretation of IBM's records.
Weber argued that Simmons zeroed in on a set of numbers that showed high benzene levels, while ignoring another set of numbers that offered lower figures.
Simmons disagreed with Weber's interpretation, saying he believes the two sets of benzene measurements are from different tests.
The trial resumes Monday.
E-mail Benjamin Pimentel at bpimentel@sfchronicle.com.
©2003 San Francisco Chronicle
