In The Matter Of: Bruce R. Houdek v ThyssenKrupp Materials ...media.cleveland.com/business_impact/other/Depo...Bruce R. Houdek v ThyssenKrupp Materials NA Inc., et al. Joseph Matras

In The Matter Of:Bruce R. Houdek v

ThyssenKrupp Materials NA Inc., et al.

Joseph Matras

February 4, 2010

Original File 100204_-_matras_josepha.txt

Min-U-Script® with Word Index

Bruce R. Houdek vThyssenKrupp Materials NA Inc., et al.

Joseph MatrasFebruary 4, 2010

Page 1

1 IN THE COURT OF COMMON PLEAS 2 CUYAHOGA COUNTY, OHIO 3 BRUCE R. HOUDEK, 4 Plaintiff, 5 JUDGE DONNELLY -vs- CASE NO. CV-09-695034 6 THYSSENKRUPP MATERIALS 7 NA INC., et al., 8 Defendants. 9 - - - - 10 Deposition of JOSEPH MATRAS, taken as if upon 11 cross-examination before Margaret A. Trombetta, a 12 Registered Merit Reporter and Notary Public 13 within and for the State of Ohio, at the offices 14 of Reminger Co., 1400 Midland Building, 15 Cleveland, Ohio, at 10:00 a.m. on Thursday, 16 February 4, 2010, pursuant to notice and/or 17 stipulations of counsel, on behalf of the 18 Plaintiff in this cause. 19 - - - - 20 MEHLER & HAGESTROM Court Reporters21 CLEVELAND AKRON22 1750 Midland Building 720 Akron Centre 101 West Prospect Avenue 50 South Main Street23 Cleveland, Ohio 44115 Akron, Ohio 44308 216.621.4984 330.535.730024 FAX 621.0050 FAX 535.0050 800.822.0650 800.562.710025

Page 2

1 APPEARANCES: 2 David R. Grant, Esq. Friedman, Domiano & Smith 3 1055 Illuminating Building 55 Public Square 4 Cleveland, Ohio 44113 (216) 621-0070, 5 -and- 6 Stacey Walley, Esq. 7 Smith Condeni 600 Granger Road Second Floor 8 Cleveland, Ohio 44131 (216) 777-1760, 9 On behalf of the Plaintiff;10 Gregory G. Guice, Esq.11 Reminger Co., L.P.A. 1400 Midland Building12 101 West Prospect Avenue Cleveland, Ohio 4411513 (216) 687-1311, 14 On behalf of the Defendant. 15 ALSO PRESENT: 16 Bruce Houdek 17 18 19 20 21 22 23 24 25

Page 3

1 W I T N E S S I N D E X 2 PAGE 3 CROSS-EXAMINATION JOSEPH MATRAS 4 BY MR. GRANT 4 5 E X H I B I T I N D E X 6 EXHIBIT PAGE 7 Plaintiff's Exhibit 7, a group of 8 Andersen & Associates invoices 54 9 Plaintiff's Exhibit 8, U.S. Department of Labor Occupational10 Safety and Health Administration Citation and Notification of Penalty 14511 Plaintiff's Exhibit 9, Forklift12 Handling Safety in Dangerous Situations Handbook 16213 Plaintiff's Exhibit 10, Warehouse14 Evacuation Routes Diagram 175 15 16 17 18 19 20 21 22 23 24 25

Page 4

1 JOSEPH MATRAS, of lawful age, called by the 2 Plaintiff for the purpose of cross-examination, 3 as provided by the Rules of Civil Procedure, 4 being by me first duly sworn, as hereinafter 5 certified, deposed and said as follows: 6 CROSS-EXAMINATION OF JOSEPH MATRAS 7 BY MR. GRANT: 8 Q. Good morning. Would you please tell me your full 9 name for the record.10 A. Joseph Benjamin Matras.11 Q. Do you go by Joe?12 A. Yes.13 Q. Joe, how do you spell your last name?14 A. M-A-T-R-A-S.15 Q. Joe, we call this process a deposition and some16 of these guidelines may have been covered with17 you already by legal counsel, but I want to touch18 on a couple just so that you and I are on the19 same page today.20 You've been placed under oath to answer all21 questions I ask you today truthfully and I will22 keep you to that obligation. I'm not here to try23 to trick you, so if I ask a question that is24 confusing in any way, and I'm telling you right25 now, I will ask you some confusing questions,

Min-U-Script® Mehler & Hagestrom (1) Page 1 - Page 4



Page 5

1 it's not because I'm trying to be confusing. 2 It's probably just the way that I've worded it, 3 so speak up and tell me that it was confusing to 4 you or unclear to you in some manner and I will 5 be happy to reask or rephrase it. If you provide 6 me an answer, I'm going to presume you followed 7 that guideline and understood my question and 8 that your answer is a truthful response to that 9 question, fair enough?10 A. Yes.11 Q. Next guideline, it's important that we get an12 accurate record here today, so I need you to13 verbalize all of your responses, so if you mean14 yes, I need you to actually verbalize yes. Same15 thing with no, if you mean no, say no. From time16 to time, we fall back into the habit of not doing17 that and I will remind you or prompt you from18 time to time, Is that a yes? I'm not trying to19 be rude. I just want to make sure that we have20 an accurate record of what your response was.21 Lastly, please let me finish asking the22 question before you begin answering it. That way23 we're not talking over one another and that way24 you know for sure what I'm asking you. I'll try25 to extend you the same courtesy of letting you

Page 6

1 finish your answer before I begin asking the next 2 question, but if I accidentally cut you off 3 before you're finished answering, just speak up 4 and let me know that so I can give you time to 5 answer. 6 Joe, what is your current home address? 7 A. It's 9727 Crows Nest Lane, Litchfield, L-I-T-C-H, 8 Ohio, 44253. 9 Q. About how long have you lived there?10 A. Since August of '95, so almost fifteen years.11 Q. Okay. And you are currently employed, is that12 correct?13 A. Yes.14 Q. Where are you currently employed?15 A. For Copper & Brass Sales.16 Q. I've heard other witnesses call it Copper & Brass17 Sales. It's really a division of ThyssenKrupp,18 is that correct?19 A. Exactly.20 Q. So is it correct that your official employer is21 ThyssenKrupp?22 A. Yes.23 Q. Okay. How long have you been employed by24 ThyssenKrupp?25 A. Since February of 1993, seventeen years.

Page 7

1 Q. And for those seventeen years, have you always 2 been based at the Grant Avenue location here in 3 Cleveland? 4 A. Yes. 5 Q. Before coming to work for ThyssenKrupp, where did 6 you work, previous employer? 7 A. St. Charles Parish. 8 Q. What did you do there? 9 A. Maintenance.10 Q. Where is that located?11 A. Parma, Ohio.12 Q. How long did you work for St. Charles Parish?13 A. From 1984 to 1993.14 Q. Okay. The entire period you worked there, you15 were in the maintenance group?16 A. Yes.17 Q. Were there any other maintenance employees18 besides yourself?19 A. Yes.20 Q. Okay. What position did you hold within that21 group of employees?22 A. It was just general maintenance.23 Q. Before working at St. Charles Parish, where did24 you work?25 A. I was in high school.

Page 8

1 Q. Okay. Where did you attend high school? 2 A. Padua Franciscan. 3 Q. What year did you graduate? 4 A. 1985. 5 Q. Did you attend any colleges, trade schools or 6 vocational schools after high school? 7 A. Yes. 8 Q. Where? 9 A. Florida Southern College.10 Q. What time period?11 A. 1986, one year.12 Q. What were you studying there?13 A. Biology.14 Q. Was that a two-year or four-year degree that you15 were studying for?16 A. It was a four-year.17 Q. You didn't attain any certificate or degree from18 there?19 A. No.20 Q. Any other post-high school formal education?21 A. Cuyahoga Community College.22 Q. Okay. What year or years?23 A. It was about four classes I took, so, and I also24 took some online classes at Ohio State.25 Q. The four classes you took at Tri-C, what were




Page 9

1 they? 2 A. I can't remember. 3 Q. Were they courses that you took for purposes of 4 any employment that you had or hoped to have? 5 A. No. They were more along the lines of 6 engineering. 7 Q. What sort of engineering? 8 A. Civil, civil engineering. 9 Q. Did you attain any certificate or degree from10 there?11 A. No, I did not.12 Q. The online courses you took at OSU, when did you13 take those?14 A. Within the last three years.15 Q. And what were those courses in?16 A. Those involved management courses, success Sigma17 courses. I don't remember the exact titles of18 some of the other ones, but they're along those19 lines as well.20 Q. Have you ever had any formal education or21 training with respect to any OSHA safety22 regulations?23 A. No.24 Q. Have you had any formal education or training25 with respect to any safety regulations?

Page 10

1 A. No. 2 Q. Have you had any training or education with 3 respect to any safety standards? 4 MR. GUICE: Objection. 5 A. Can you rephrase that. I'm not sure what you 6 mean by formal. 7 Q. Okay. Well, have you had any sort of training, 8 formal or informal, with respect to safety 9 standards that would apply in a workplace or in10 particular at ThyssenKrupp?11 A. Yes.12 Q. Okay. Tell me about that.13 A. We have a lot of online; a lot of E-training14 courses that we have taken throughout the years;15 a lot of videotapes, some testing on those as16 well; and usually most of it is in regards to how17 the plant operates. Some of it has to do with18 sales functions, but not much, very little. Most19 of it is plant operations and safety within the20 plant.21 Q. And you're referring to training that you have22 gone through since joining ThyssenKrupp in 1993?23 A. Yes.24 Q. Okay. You hadn't had this sort of training25 before coming to ThyssenKrupp?

Page 11

1 A. No. 2 Q. Do you have some sort of record that you keep or 3 that is kept in your file that would reflect all 4 of this type of training you underwent? 5 A. I'm not sure if all of it is in there. We 6 recently started documenting much more of our 7 training within the last few years, so, but I'm 8 sure a lot of it is in my file. 9 Q. Okay. So if I were to ask you to try to prepare10 a list or provide a list to your counsel of all11 of this training that you've gone through since12 joining ThyssenKrupp, you think you would be able13 to compile such a list or provide such14 documentation?15 A. I'm fairly confident I could.16 Q. Okay. Then I'll ask you to do that. I trust17 that you would be able to identify the title of18 the course or the nature of the training you had,19 so I could tell what is management-related or20 sales-related versus what might be21 safety-related?22 A. I'm not exactly sure if it will break out like23 that. The courses are the courses and that's24 what they are, so.25 Q. As far as the online or E-training you said you

Page 12

1 had, that is through ThyssenKrupp's own computer 2 system? 3 A. It's through ThyssenKrupp. It may be from an 4 outside company that does it. I don't think 5 ThyssenKrupp produces it. I don't think so. 6 Q. Do you know if when you participated in that sort 7 of training there is any record or documentation 8 that you have attended or completed that 9 training?10 A. Some of it, yes. I'm not sure about all of it.11 Q. Any other safety-related training that we haven't12 already touched on?13 A. CPR.14 Q. Okay. Anything else?15 A. First aid. I think that's about it. I think16 that's it. I'm not sure if I'm missing something17 or not.18 Q. Well, if you think of something as we're speaking19 here today, just speak up and let me know that.20 When you started at ThyssenKrupp back in21 1993, tell me what your job or title was.22 A. I was hired in as a machine operator.23 Q. Okay. And which machine or machines did you24 operate at that time?25 A. Plate saws, bar cutoff saws, and contour saws.




Page 13

1 Q. Contour? 2 A. Yes. 3 Q. And what sort of training or instruction did you 4 receive in order to perform that task? 5 A. Most of it was hands-on training. 6 Q. And how long were you in that position, 7 approximately? 8 A. Until 1997. 9 Q. And was there a particular shift that you worked10 when you were a machine operator between '93 and11 '97?12 A. I worked second shift.13 Q. Tell me what position you moved to in 1997.14 A. Third-shift supervisor.15 Q. And did you receive any training in order to move16 into that position?17 A. Some more hands-on training, some more -- most of18 it was just hands-on training. I'm not sure if19 there was anything else, you know, videotapes or20 E-learning or anything like that.21 Q. Was there a particular person or group of people22 who provided the hands-on training to you?23 A. Sure.24 Q. Who was it?25 A. John Szopo.

Page 14

1 Q. Szopo? 2 A. S-Z-O-P-O, Barry Maxwell, and Robert Gielink, 3 G-I-E-L-I-N-K. 4 Q. I've heard from someone else that Robert is still 5 employed there, correct? 6 A. Correct. 7 Q. What about Barry and John? 8 A. No. 9 Q. Neither one of them?10 A. Either one of them.11 Q. When did they leave?12 A. John left in 2008, July. Barry left in August of13 2007.14 Q. Do you know where they are now?15 A. Barry is still in the area. I don't know where16 he's working at now. John Szopo is retired.17 Q. How long were you the third-shift supervisor?18 A. Until August of 2007.19 Q. In August of 2007, what position did you have?20 A. First-shift supervisor.21 Q. Tell me, going back to the third-shift22 supervisor, what that position entails.23 A. It was a production shift as well as we loaded24 trucks on that night shift as well. Our local25 trucks were loaded during that shift.

Page 15

1 Q. Okay. Does that pretty much in general terms 2 cover what that position did? 3 A. In general terms, yes. 4 Q. When you say it's a production shift, describe 5 that a little better for me. Does that mean that 6 the machines are operating, workers are operating 7 various saws? 8 A. Yes. 9 Q. What else does the production aspect of it10 entail?11 A. The packaging of material that's coming off of12 the saws.13 Q. Anything else?14 A. Sometimes we would have occurrences where we15 would have excess stock that we would be putting16 stock away.17 Q. Was that an infrequent occurrence where you would18 have excess stock to be putting away?19 A. What do you mean by infrequent?20 Q. That was not a normal every-shift occurrence?21 A. I would say that's correct. It's not normal.22 Q. Okay. For the third shift, tell me the hours23 that that typically is or was.24 A. When I was there, it was 11:00 p.m. to 7:00 a.m.25 Q. And during that shift, am I correct that you

Page 16

1 typically do not have sideloader operators 2 pulling material off the racks? 3 A. No. We had sideloader operators pulling material 4 off the racks. 5 Q. During third shift? 6 A. Yes. 7 Q. Okay. All the time? 8 A. Yes. 9 Q. Who were the third-shift sideloader operators10 during the period of time you worked there?11 A. Dave Legg, Ted Nasinnyk, N-A-S -- I got to get12 this right -- I-N-N-Y-K.13 Q. Just like it sounds.14 A. I never know where the I goes, if it's by the Y15 or the --16 Q. Okay.17 A. Jim Hoffman, Tim Reinhart, Joe Beskid,18 B-E-S-K-I-D, and I'm not sure if there was more19 or not. I could be missing more.20 Q. Okay. These would be the gentlemen who would be21 sideloader operators during third shift while you22 were the third-shift supervisor?23 A. In various times throughout my tenure on third24 shift, yes.25 Q. And how many of these guys or which of these guys




Page 17

1 is still employed by ThyssenKrupp? 2 A. They all are. 3 Q. Were any of these gentlemen the designated 4 sideloader operator where that was their only job 5 during the shift? 6 A. At various times they would hold that job title, 7 that sideloader title during the shift. 8 Q. Well, I guess what I'm asking is were these 9 gentlemen who were operating a piece of10 machinery, a saw, and when product would have to11 be gathered from the rack, they were authorized12 to hop on the sideloader and go and grab it, is13 it more that situation than a situation where14 they were on the sideloader for the entire shift?15 A. Sometimes that would be the case where they would16 be authorized to pull their own material, but for17 the majority of the time, they held the18 sideloader bid and that's what they did.19 Q. Okay. And is this a sideloader operator for both20 the plate racks and the bar racks or only one of21 those areas?22 A. Both.23 Q. During the third shift, would there be two24 sideloader operators designated, one for the25 plate area, one for the bar area?

Page 18

1 A. At some times. It just depends. During the ten, 2 eleven years I was there, sometimes we didn't 3 need to have one on one side or the other. 4 Sometimes we needed to have them on both sides. 5 Q. Okay. Have you ever been a shift supervisor for 6 second shift? 7 A. Just to fill in. 8 Q. How often did that occur or has that occurred? 9 A. I couldn't give you an exact number of days or10 something like that, to cover vacations, calling11 off.12 Q. Do you have any experience to be able to explain13 for me or describe for me the production14 difference between second shift and third shift?15 A. Yes.16 Q. Okay. What can you tell me about that?17 A. They're basically the same. There are a couple18 of deadlines on each shift. There was a 7:0019 deadline on second shift. You get orders cut20 that had to ship on the 7:00 truck leaving out of21 Cleveland. On the night shift, there was a 7:0022 a.m. deadline where we had to get certain orders23 cut to be put on our local trucks, but for the24 most part, I mean, the production that was being25 done was typically the same.

Page 19

1 Q. Would you have the same number of employees 2 working on second shift that you would have on 3 third shift? 4 A. I can't remember. I don't remember if we had 5 more on third or not. It was similar, but I 6 don't -- 7 Q. How long were you the first-shift supervisor? 8 A. From 2007 until July of 2008. 9 Q. Other than the hours, was there any difference10 between being a third-shift supervisor and being11 a first-shift supervisor?12 A. Not much difference.13 Q. What about in terms of number of guys working or14 people working?15 A. There were probably a few more people on the day16 shift than there were on third or second.17 Q. As far as production output, would that mean18 there would be a little more production output on19 first shift given the greater number of20 employees?21 A. A little bit, but not much.22 Q. Any other significant differences between first23 shift and third shift?24 A. First shift we really didn't have any deadlines25 to meet with regards to getting things on trucks

Page 20

1 and out of the building. 2 Q. What position did you move to in July, 2008? 3 A. I was Cleveland plant manager. 4 Q. Is that the position you still hold today? 5 A. Yes. 6 Q. What hours does that position entail generally 7 speaking? 8 A. Usually between 7:00 a.m. and 6:00 p.m., but it 9 can be any hours.10 Q. Tell me what the plant manager for the Cleveland11 location entails.12 A. In charge of managing the production, involved in13 the quality aspects, involved in safety, involved14 in management of personnel and hiring and laying15 off and firing, in charge of just the entire16 warehouse operation.17 Q. Are you in charge of sales?18 A. No.19 Q. Is there a different person in charge of the20 sales aspects?21 A. Yes.22 Q. Who is that?23 A. It would be Rob Hanzie, H-A-N-Z-I-E.24 Q. And what is Rob's title or position?25 A. Operations manager.




Page 21

1 Q. Do you report to Rob? 2 A. No, I do not. 3 Q. Does he report to you? 4 A. No, he does not. 5 Q. Who if anyone do you report to at the Cleveland 6 plant? 7 A. I don't report to anybody at the Cleveland plant. 8 Q. Does Rob to your knowledge report to anyone at 9 the Cleveland plant?10 A. No, he does not.11 Q. Am I correct in understanding that you would be12 the highest man in command at the Cleveland plant13 with respect to the warehouse operations?14 MR. GUICE: Objection.15 Go ahead.16 A. I really can't answer that because I can't say17 that I would be the last go-to guy for every18 decision made in the Cleveland plant.19 Q. All right. Well, is there anyone in a higher20 position or title than you at the Cleveland plant21 with respect to warehouse operations?22 A. No, there is not.23 Q. Who reports to you?24 A. That would be my three supervisors.25 Q. Shift supervisors?

Page 22

1 A. Shift supervisors. 2 Q. Okay. Anyone else? 3 A. Material control. 4 Q. Is that a person or a department? 5 A. It's a department, but it's only one person. 6 Q. Who is that? 7 A. Scott Czekansky, C-Z-E-K-A-N-S-K-Y. 8 Q. Okay. 9 A. Branch coordinating which would be one person.10 Q. Who is that?11 A. Jan Witovicz, W-I-T-O-V-I-C-Z.12 Q. Anyone else?13 A. They report directly to me. As far as the people14 in the warehouse, I mean, they would go to their15 supervisor.16 Q. The machine operators, the sideloader operators17 would report directly to their own shift18 supervisor?19 A. Whoever was -- whoever the supervisors were on20 the floor at the time.21 Q. Okay. Is there any policy, procedure in place22 that would prohibit a machine operator or23 sideloader operator from bringing a concern24 directly to you?25 A. No.

Page 23

1 Q. If somebody came to you with a concern or a 2 question, you wouldn't say, Hey, I can't deal 3 with this, you've got to first talk to your 4 supervisor and go through the chain of command? 5 MR. GUICE: Objection. 6 Q. There's nothing that formalized? 7 A. Not necessarily, not necessarily. 8 Q. You have a physical office at the facility, 9 correct?10 A. Yes.11 Q. And I understand that that office is out in the12 warehouse area?13 A. Correct.14 Q. And we've looked at what's previously been marked15 as Plaintiff's Exhibit 1 and this is a general16 layout of the warehouse, is that correct?17 A. Yes.18 Q. I understand that this box labeled WCC is the19 area where your office and others are located,20 correct?21 A. Correct.22 Q. And is there one door in and out of that office23 area into the plant?24 A. There's two.25 Q. Where is the other one?

Page 24

1 A. Right in here. 2 Q. Right where it appears there is a little icon of 3 a fire extinguisher? 4 A. If that's what that is, then right there, yes. 5 Q. Do you generally have an open-door policy with 6 the workers that if they have a concern, they can 7 bring it to you? 8 A. I wouldn't necessarily call it a policy, but they 9 know my door is always open.10 Q. Have you ever been a sideloader operator?11 A. Can you rephrase that because I mean --12 Q. Okay. Well, have you ever operated a sideloader?13 A. Yes.14 Q. But you've never been designated as the15 sideloader operator?16 A. You mean I've taken the job bid as a sideloader17 operator?18 Q. Correct.19 A. Correct, I never took the job bid.20 Q. Okay. How many total occasions do you believe21 you have operated a sideloader at ThyssenKrupp?22 A. I couldn't tell you. It was many times.23 Q. Have you ever operated a sideloader since24 becoming a shift supervisor in '97?25 A. Yes, I have.




Page 25

1 Q. How many occasions since '97? 2 A. Again, I couldn't -- I don't know. 3 Q. Is it fair to say that you operated a sideloader 4 more often when you were designated a machine 5 operator than becoming designated a shift 6 supervisor or plant manager? 7 A. That's fair to say. 8 Q. Did you ever receive formal training to obtain a 9 forklift or sideloader operator's license?10 A. Yes, I have.11 Q. When did you take that training and receive that12 designation?13 A. I can't recall the exact time. It had to be -- I14 can't recall the exact time.15 Q. What position did you hold at that time?16 A. Machine operator.17 Q. How many times have you taken that training?18 A. I can't recall.19 Q. Was it just once or was it more than once?20 A. It was more than once.21 Q. Was it more than twice?22 A. It could have been.23 Q. This is the type of training that you would24 expect to be able to find documentation of to25 provide to your counsel, correct?

Page 26

1 A. I don't know that. I don't know if there's 2 documentation. 3 Q. How many times before October, 2008 when this 4 incident with Mr. Houdek occurred have you taken 5 the forklift or sideloader training? 6 A. I don't know. 7 Q. Did you take it again after this incident? 8 A. I have not. 9 Q. Did you ever operate a forklift or sideloader10 before working at ThyssenKrupp?11 A. No, I did not.12 Q. Have you received any training or instruction in13 forklift or sideloader operation other than what14 you received at or by ThyssenKrupp?15 A. No, I have not.16 Q. The training you did receive at ThyssenKrupp on17 forklift or sideloader operation, tell me what18 that entailed. Was it video? Was it a classroom19 setting? Was it books?20 A. It was a video and a short test, hands-on test.21 Q. By the way, did you review any documents or22 materials in preparation for your deposition?23 A. No, I have not.24 Q. Other than any conversations you may have had25 with legal counsel, have you spoken with anyone

Page 27

1 in preparation for your deposition? 2 A. Can you rephrase that. I mean, I don't -- 3 Q. Okay. I'm not asking about any conversations you 4 would have had with legal counsel. I'm asking 5 about any conversations you would have had with 6 anyone else, probably other coworkers, current or 7 former workers to prepare yourself for this 8 deposition, you know, refresh your memory about 9 certain events, anything like that?10 A. No, I have not.11 Q. Is there anyone outside of the Cleveland plant12 that you are responsible for reporting to?13 A. Yes.14 Q. Who is that?15 A. That would be Dave Shaw.16 Q. Shaw?17 A. Yes.18 Q. Where is Dave located?19 A. He's in the northeast. I would say the20 Wallingford branch.21 Q. Is that in Michigan?22 A. Massachusetts.23 Q. What is Dave's title and position?24 A. He's a vice-president.25 Q. Of?

Page 28

1 A. ThyssenKrupp NA. 2 Q. No other, like not vice-president of operations 3 or anything like that? 4 A. Not to my knowledge. 5 Q. Okay. Anyone else besides Dave that you report 6 to? 7 A. No. 8 Q. What sort of reporting do you provide to Dave, 9 like what topics, what frequency?10 A. Maybe once or twice a month, something like that,11 nothing major, but if I have to get an okay to12 have -- if I need to have an expenditure of over13 $2,500 on whatever in the plant, I need to get an14 approval through him.15 Q. Any other sort of reporting that you provide to16 Dave?17 A. No.18 Q. The reporting to you by the shift supervisors,19 material control, branch coordinator; actually,20 scratch those other two; just the shift21 supervisors, tell me what sort of topics they22 report to you and on what frequency.23 A. They will tell me about issues with plant24 personnel, you know, vacation, somebody called25 off, production issues, if there's a breakdown in




Page 29

1 machinery and we have to maybe spend a lot of 2 money or something like that to get it fixed, any 3 safety issues, any quality issues. 4 Q. Okay. As a shift supervisor, how often were you 5 actually out on the floor observing the 6 operations? 7 A. I couldn't put a time on that. I was out there a 8 lot. I don't know. 9 Q. Can you give me with respect to an average shift10 or an average day the percentage of time that you11 would be in your office versus the percentage of12 time you would be out on the shop floor?13 A. It would vary between 50 and 75 percent I'd be on14 the floor.15 Q. As the plant manager, how often are you out on16 the floor?17 A. Probably less than 20 percent.18 Q. Meaning around 80 percent or more you're in your19 office doing work?20 A. I could be in my office. I could be on the road.21 I could be in the sales office.22 Q. What sort of travel requirements are there as a23 plant manager, like what do you need to --24 A. Customer visits, sometimes I'll attend a trade25 show or two. I'm also in charge of the

Page 30

1 Pittsburgh and Beaver facilities as well. 2 Q. Are you the plant manager of those facilities? 3 A. I'm the regional plant manager. 4 Q. Okay. Of Pittsburgh and which other location? 5 A. Beaver, Pennsylvania. 6 Q. Did you become the regional manager of those the 7 same time you became the Cleveland plant manager? 8 A. No, I did not. 9 Q. Okay. When did you become the regional plant10 manager for those locations?11 A. That would be shortly after, I would say January12 or February of '09.13 Q. So about a year ago?14 A. Right.15 Q. Does that position require you to go to those16 plants periodically and check on them?17 A. Yes, it does.18 Q. Is there any average period of time that you go19 there? Was it like once a week or once every two20 weeks, once a month?21 A. I try to get there once a month, but there's22 nothing set in stone.23 Q. Referring to what's previously been marked as24 Plaintiff's Exhibit 1, in this exhibit, we see25 some racks indicated, is that correct?

Page 31

1 A. That's correct. 2 Q. And there's been testimony that racks labeled A 3 through N are the bar racks? 4 A. They're commonly referred to as bar racks. 5 Q. Okay. And the racks labeled AA through LL are 6 commonly referred to as the plate racks? 7 A. Yes. 8 Q. Do you know the dimension of the aisles in the 9 bar rack area, like how long these aisles are?10 A. I'm not sure how long they are.11 Q. In this drawing it indicates that the bar aisles12 are longer than the plate aisles, is that13 correct? Are they actually longer?14 A. They are longer, yes.15 Q. And at least on this exhibit, it appears that the16 bar aisles are narrower than the plate aisles, is17 that correct?18 A. Yes, they are.19 Q. In reality they are narrower?20 A. Yes, they are narrower.21 Q. What is the height of the bar racks?22 A. I would say approximately 25 feet.23 Q. Do you know the height of the ceiling in this24 area of the plant?25 A. Approximately 40 feet.

Page 32

1 Q. That leads me to my next question. Do you know 2 the distance approximately between the top of the 3 bar racks and the ceiling? 4 A. Approximately twelve to fifteen feet. 5 Q. Has it always been that dimension ever since 6 you've worked there? 7 A. Yes, it has, since I've worked there, yes. 8 Q. So these racks really haven't changed, there 9 hasn't been a whole new set of racks put in since10 you've worked there?11 A. Actually, yes, there has.12 Q. What racks?13 A. The bar -- actually, all of these racks here.14 Q. All the plate racks?15 A. All the plate racks and the last section of bar16 racks, last two sections of bar racks are new17 since I've been there.18 Q. When did the last two sections of the bar racks19 get added?20 A. I believe it was before 1997, so between 1993 and21 1997.22 Q. The period of time when you were still a machine23 operator?24 A. Correct.25 Q. So am I correct in understanding that before




Page 33

1 those last two sections of bar rack were added, 2 these aisles in the bar rack area were not 3 dead-ending into the wall, that there was a gap 4 between the end of the rack and what would be I 5 guess the east wall? 6 A. Yes. 7 Q. Okay. So that a sideloader could come down the 8 aisle all the way by the wall and turn around and 9 go up a different aisle?10 A. I don't believe that's the case that a sideloader11 would do that.12 Q. Without those two end racks, there wasn't enough13 opening there to allow that?14 A. Yeah. I don't believe that they could do that.15 Q. What is the, however you want to call it, the16 width or length of the rack?17 A. Approximately twelve feet.18 Q. Okay. So two of them would take up approximately19 24 feet?20 A. Approximately.21 Q. So obviously before these last two sections were22 added, there was an approximate 24-foot gap23 between the end of the rack and the east wall?24 A. Well, there was also a set of coil racks along25 that east wall.

Page 34

1 Q. There was? 2 A. Yes. 3 Q. Okay. So when the new sections were added, I 4 presume those coil racks were removed? 5 A. Yes, they were. 6 Q. Were they relocated in the plant somewhere or 7 just taken out entirely? 8 A. They were taken out entirely. 9 Q. Did the width of the bar rack aisles change at10 all when they added in these two additional11 sections?12 A. I don't know. I don't believe so, but I don't13 know.14 Q. Any other changes that you were aware of other15 than the addition of these two at that time,16 other than the addition of these two additional17 racks and the removal of the coil racks?18 A. Do you mean in the bar area?19 Q. Right, in the bar area.20 A. Not to my knowledge.21 Q. Tell me what the lighting grid, the overhead22 lighting grid was in the bar rack area in 200823 before this incident.24 A. I'm not sure if I understand the question. I25 couldn't tell you exact placement of the lights

Page 35

1 going by this. 2 Q. Well, I'm just trying to understand what sort of 3 overhead lighting was in this area of the plant. 4 Was the overhead lighting over the racks or by 5 the racks any different than the overhead 6 lighting in any of the other areas of the 7 warehouse? 8 A. At the time of the accident? 9 Q. Correct.10 A. There were some different lights in various areas11 throughout the plant.12 Q. Was there some point in time where some13 additional lights were added to some area of the14 warehouse?15 A. Sure, there was.16 Q. Tell me about that. When did that happen and17 what sort of additions were made?18 A. It was decided that, and I'm not sure when, but19 there were a couple of lights put in by the saws20 and over here in the bar area, you know, we21 wanted to try these lights out to see -- they22 were energy-efficient lights and they were just23 testing them out just to see how efficient they24 would be and that was really about it. There was25 really no rhyme or reason to put them.

Page 36

1 Q. Were you involved in the discussion about adding 2 some new lighting or trying out some new 3 lighting? 4 A. Right. We didn't add new lighting just to add 5 lighting. We just did it just to see how energy 6 efficient these new lights were. I was not 7 involved in that discussion. 8 Q. Did someone at some point in time inform you that 9 they were going to try this out or did you find10 out about it when they were actually installed or11 were being installed?12 A. I found out about it after they were installed.13 Q. Who was it that was involved in the discussion to14 add these?15 A. I don't know whose decision -- I don't know who16 made the decision to add the lights and try them17 out. I couldn't tell you that.18 Q. You were not involved in any meetings and you19 didn't see any minutes from any meetings where20 that was the topic of discussion?21 A. Correct.22 Q. When you said that they were trying out these new23 lights, were they simply replacing bulbs in light24 fixtures that already existed or were they adding25 light fixtures?




Page 37

1 A. They were not replacing bulbs and I'm not sure if 2 they added light fixtures or replaced the old 3 light fixtures with the new ones. 4 Q. Who physically performed this work? 5 A. I don't know. 6 Q. Was it done inhouse by some ThyssenKrupp employee 7 or was it done by some outside vendor or 8 contractor? 9 A. I don't know. I don't know if it was somebody10 brought in that worked for ThyssenKrupp or I11 don't know.12 Q. I presume there has to be some sort of13 documentation somewhere reflecting that these new14 lights were being tried out, either an invoice15 from a vendor or some inhouse maintenance16 employee records?17 A. There could be, but I don't know.18 Q. Have you ever looked for such records?19 A. I have not.20 Q. I presume in your position, you would have the21 authority to be able to find those records if22 they exist?23 A. Yes.24 Q. Let me ask you if you would look for those25 records and provide those to counsel, the records

Page 38

1 showing any of this new lighting that was tried 2 out or added, however you want to term it. 3 Can you give me a time frame of when this 4 happened? For instance, do you recall what 5 position or title you held at the time? 6 A. I believe I was the third-shift supervisor when 7 they did these lights. 8 Q. And how long did they try this out? 9 A. I don't know a time period. I don't know what10 they were looking at.11 Q. Was there a point at which newer lighting was12 added or newer different types of lights were13 added?14 A. What time frame are you talking about now, after,15 I mean, just in general in the last --16 Q. Fair enough. Between the time that you think you17 were the third-shift supervisor and you first18 noticed that some new lights were being tried19 out, as you put it, from that point up until the20 time of Bruce's incident in October of 2008, do21 you recall any point in that period of time where22 you noticed more lights were added or they23 changed out all of the type of lights?24 A. I don't recall of any new lights being added at25 that time.

Page 39

1 Q. After Mr. Houdek's incident, were there new 2 lights added? 3 A. Yes. 4 MR. GUICE: Objection. 5 Q. Tell me about that work. 6 A. I actually put some up and around the office up 7 here. It was thought that these lights were very 8 energy efficient and saved us a lot of money, so 9 before the economic downturn, we wanted to do the10 whole plant, but that was not to be, so I was11 doing four or five at a time. Well, we were12 having a pretty good month. We were saving quite13 a bit of money, so I decided to put four or five14 lights up in here.15 Q. Where you're indicating on Exhibit 1 is the area16 where the office is?17 A. Correct.18 Q. And over where the racks labeled DMR are?19 A. No. I would say more so in this bay here in the20 south bay.21 Q. When did you install those?22 A. Within the last year.23 Q. Any other lights besides those that have been24 installed since Mr. Houdek's incident?25 A. Not to my knowledge.

Page 40

1 Q. When there were some new lights that were being 2 tried out, you indicated that there were some 3 over in the bar area? 4 A. Correct. 5 Q. Where within the bar area were those installed? 6 A. I believe between Aisles C and D. 7 Q. And how many lights were tried out in that aisle? 8 A. I think it's three fixtures were there. 9 Q. And again, you're talking about these were10 fixtures that were installed or new lights that11 were installed back at the time period where you12 were the third-shift supervisor?13 A. Correct.14 Q. And no additional lights were installed or new15 lights were tried out in the bar rack area since16 that time?17 A. Not to my knowledge.18 Q. So if I were to walk in there next week, I would19 see in the bar rack area the same lighting that20 was there since the time you have been the21 third-shift supervisor?22 A. I believe -- I don't know. I don't know that.23 Q. Would I see the same lighting that was in place24 at the time of Mr. Houdek's incident?25 A. I do not know that.




Page 41

1 Q. I understand that there are skylights in the 2 ceiling in the plant, correct? 3 A. Yes, there is. 4 Q. Including over the bar rack areas? 5 A. Yes. 6 Q. You would agree with me that during the nighttime 7 hours in Cleveland, those skylights do not add or 8 provide any additional lighting in the bar rack 9 area, correct?10 MR. GUICE: Objection.11 A. I will not agree with that.12 Q. Okay. Do you believe that the skylights provide13 some additional lighting at night when it's dark14 outside?15 MR. GUICE: Objection.16 A. It's possible.17 Q. Have you ever measured that?18 MR. GUICE: Objection.19 A. It was measured, but I don't have any of the20 results of the measurement.21 Q. When was it measured?22 A. Probably -- I'm not sure exactly when, within the23 last couple of years when we thought about doing24 the whole plant. Some outside company came in25 and wanted to do a lighting measurement of, you

Page 42

1 know, what the candle power was at a certain 2 time. 3 Q. Was that done before or after Mr. Houdek's 4 incident? 5 A. I don't recall. 6 Q. Do you have some documentation at the plant of 7 this light measurement? 8 A. I'm not sure if I do or not. 9 Q. Okay. I ask you if you can look in the record10 and locate any such documents and provide it to11 your counsel.12 Who was the company that did this?13 A. I don't remember the name of the company.14 Q. Who set it up?15 A. I set it up.16 Q. How did you find this company?17 A. They found me.18 Q. So they contacted you and offered you their19 services?20 A. Correct.21 Q. Were they a local company?22 A. I don't know that.23 Q. Did they perform this measuring before or after24 that time period where you said there were some25 new lights being tested out?

Page 43

1 A. They performed it after those lights were 2 installed. 3 Q. Okay. And what is your recollection of their 4 conclusions? 5 A. I don't remember. 6 Q. Well, what if any action did you take once you 7 learned their conclusions or decisions did you 8 make? 9 A. Well, I said, Well, quote me on giving me lights10 in the whole facility and we'll go from there,11 and unfortunately, we couldn't do it.12 Dollar-wise it just wasn't feasible for us to do13 it at this time.14 Q. So they provided you a quote in writing I15 presume?16 A. Yes.17 Q. So that would be one of the documents you're18 going to help me try to find?19 A. Yes.20 Q. Okay. Was their proposal to install lighting in21 the warehouse that was the same type of lighting22 that was being tried out in Aisle C/D?23 A. I don't know that.24 Q. Ultimately though, you decided not to accept25 their proposal, correct?

Page 44

1 A. At that time, yes. 2 Q. Was there any portion of their proposal that you 3 did want them to do? 4 A. No. 5 Q. Who was it that installed the lighting over in 6 this south bay and the office area at some point 7 after Mr. Houdek's incident? 8 A. If you're referring to the lights that I stated 9 before over here, that would be MDI.10 Q. MDI is located in Stow?11 A. I believe so.12 Q. Do you know what MDI stands for?13 A. I believe it's Machine Dynamics Incorporated.14 Q. Is MDI the company who came in and did the15 lighting testing earlier?16 A. The candle testing?17 Q. Yes, the candle test we were just talking about.18 A. No, they were not.19 Q. Why is it that MDI was used to install the20 lighting over by the office and the south bay21 area?22 A. That's part of their -- they were the maintenance23 in the building. They do just building24 maintenance and they're able to perform that25 test.




Page 45

1 Q. Has MDI ever installed any other lights in the 2 warehouse? 3 A. I don't know that. I don't know that. I believe 4 so, but -- 5 Q. Tell me what the lighting in Aisle C/D provides 6 for that aisle. Would you agree that it 7 illuminates that aisle better than other bar rack 8 aisles? 9 MR. GUICE: Objection.10 A. I'm not sure if it's better than every other11 aisle. I'm not sure if it's better than every12 aisle in the bar area.13 Q. You said there were three lights for that aisle?14 A. I believe so.15 Q. Okay. Are they located down the length of the16 aisle or are they located somewhere else in17 relation to that aisle?18 A. They're more so from the middle to the front of19 the aisle.20 Q. And when you say the front, what is considered21 the front?22 A. Oh, I'm sorry. It would be here.23 Q. The entrance/exit?24 A. The entrance/exit.25 Q. Okay. Are they equally spaced in that portion of

Page 46

1 the aisle? 2 A. I don't know that. 3 Q. Are they centered over the center of the aisle? 4 A. I don't know that. 5 Q. Tell me about the lighting in the other aisles of 6 the rack area. Does each aisleway have its own 7 set of lights? 8 A. I don't know that. 9 Q. Are the lights in the other aisles over the aisle10 or over the rack itself?11 A. I want to say they're mostly over the aisle, but12 there could be some that are over the racks, but13 the ceiling was high enough to accommodate that.14 Q. You yourself have never taken any measurement or15 performed any testing of the amount of light in16 any of the bar aisles, is that correct?17 A. What kind of testing?18 Q. Well, what if any testing or measuring have you19 personally done for the amount of light in any of20 the bar aisles?21 A. I have done no testing personally myself.22 Q. And the only testing or measuring of the amount23 of light in any of the bar rack aisles that24 you're aware of was done by this other outside25 company at some point in time?

Page 47

1 A. That I'm aware of. 2 Q. How many sideloaders are at ThyssenKrupp? 3 A. In Cleveland? 4 Q. Yes. 5 A. There are two orange Raymonds. There is one 6 yellow Raymond and there is a Hubtex. 7 Q. Which one of these is used in the bar rack 8 aisles? 9 A. In these aisles here, only the two orange ones10 can be used.11 Q. Why is that?12 A. They're the only ones narrow enough to make it13 down there.14 Q. When those two Raymonds are going down the15 aisles, describe for me how much gap exists16 between the side of the Raymond and the rack17 itself.18 A. I would say it would be under six to eight19 inches.20 Q. Have you ever measured it or you're just going on21 your experience and observation and estimation?22 A. Estimation.23 Q. When you say it's under six to eight inches, the24 gap, is that six to eight inches on each side or25 is that six to eight inches if the sideloader is

Page 48

1 against one side of the aisle? 2 A. If it's against one side of the aisle. 3 Q. So if the sideloader is going down the center of 4 the aisle, you're only talking about three or 5 four inches on either side? 6 A. Possibly. 7 Q. Do you know the top speed of the two orange 8 Raymonds? 9 A. I do not know the top speed.10 Q. Did the company buy those two orange Raymonds11 new?12 A. No, they did not.13 Q. They bought them both used, correct?14 A. Refurbished.15 Q. And what company did they buy them from?16 A. I believe it was Hillis Equipment.17 Q. Is Hillis Equipment now known as Andersen &18 Associates?19 A. Andersen bought out Hillis Equipment so.20 Q. Were the two orange Raymonds purchased at the21 same time from Hillis?22 A. I don't know if they were the exact same time. I23 don't know if they were purchased at the exact24 same time.25 Q. About when were they purchased? Well, let me ask




Page 49

1 it this way because I guess I don't really care 2 about the other one. The one that was involved 3 in Bruce's incident, about when was that 4 purchased? 5 A. It was before 1997 I believe. 6 Q. Who was involved in the decision to purchase 7 that? 8 A. I don't know. 9 Q. Were you involved at all?10 A. I was not.11 Q. Was there any optional equipment that was12 available for purchase on that Raymond at the13 time it was purchased refurbished?14 MR. GUICE: Objection.15 A. I do not know.16 Q. Since the time that Raymond was purchased, were17 there any pieces of optional equipment that were18 purchased for it?19 A. Not that I'm aware of.20 Q. Describe for me what if any inspection is21 performed on that Raymond.22 A. Inspection by --23 Q. That's what I want to know, either inhouse or24 outside companies.25 A. There's a daily inspection that's performed by

Page 50

1 the sideloader operators themselves. There is a 2 number of checks they have to make, the battery, 3 the controls, the brakes, hydraulics. 4 Q. Each sideloader is to check these before the 5 beginning of their shift? 6 A. It's checked at the beginning of the day. 7 Q. During the first shift? 8 A. During the first shift. 9 Q. So it's the first-shift operator of the10 sideloader, of that particular sideloader that is11 to go through these items?12 A. Yes, in general terms, yes. Now, sideloader13 operators will always check their sideloader14 before their shift. They're not required to15 necessarily document that they checked it. That16 documentation is done daily at the beginning of17 first shift.18 Q. So what is that documentation called that is done19 by the first shift?20 A. I don't know the exact title of that.21 Q. Is there a checklist of items on that22 documentation that they have to go down?23 A. I believe so.24 Q. There isn't a separate document or training aid25 that they've been provided that lists these items

Page 51

1 out and then a document they complete each day 2 that just has a blank space? 3 A. I'm not sure what you're asking. 4 Q. I guess I just want to know if on the 5 documentation they create or check off on a daily 6 basis, does it list on that document the items 7 they are checking or supposed to check? 8 - - - - 9 (Thereupon, a discussion was had off the10 record.)11 - - - -12 Q. I'm just trying to understand if the document13 that the first-shift operator would complete14 actually lists or identifies the items that they15 are to be checking?16 A. I don't know for sure. I believe so. I don't17 think it's on the same document that they initial18 off that they checked everything.19 Q. You think there might be a different document?20 A. There may be.21 Q. Besides this daily inspection you just talked22 about, what other periodic or routine inspections23 are there performed on the sideloaders?24 A. Quarterly maintenance is done by Andersen &25 Associates.

Page 52

1 Q. And how is that scheduled? Does Andersen & 2 Associates just show up on a quarterly basis and 3 do it or do you have to remember to call them? 4 A. They have it in their system to call us and say, 5 Your Raymond Number 1, Number 2 are up for 6 quarterly maintenance, can we come in this week, 7 you know, Yes. 8 Q. I presume that when they do that, they provide 9 you some sort of documentation of their work?10 A. Yes, they do.11 Q. I presume one of that pieces of document would be12 an invoice, correct?13 A. Sure.14 Q. Do you know what items they check on this15 quarterly basis?16 A. I do not know exactly everything they check.17 Q. I presume that on some documentation they provide18 you, they must give you some indication of what19 it is that they checked, correct?20 A. I believe so.21 Q. And that documentation you believe ThyssenKrupp22 has in a file somewhere?23 A. Sure.24 Q. How are those records maintained? Are they25 maintained by each individual sideloader or




Page 53

1 according to each individual sideloader? 2 A. I believe so. I believe on the invoices it is 3 marked Raymond Number 1, Raymond Number 2, Hubtex 4 and Raymond -- I'm not sure what the yellow 5 Raymond is. 6 Q. But I guess as far as ThyssenKrupp's 7 recordkeeping, do they have a separate folder for 8 each sideloader? 9 A. I don't think so.10 Q. Okay. Do they just keep all of Andersen &11 Associates invoices and records in one folder?12 A. I believe that's how.13 Q. So that someone would have to go through and sort14 out just the records that pertain to that15 particular sideloader?16 A. I believe so.17 Q. Has anyone done that with respect to this case18 yet?19 MR. GUICE: Objection.20 A. Not that I'm aware of.21 Q. I've been provided some invoices from Andersen &22 Associates that appears to relate to the23 sideloader involved in this case, but you can't24 sit here and represent that those are all of the25 records that ThyssenKrupp has for that sideloader

Page 54

1 from Andersen & Associates, correct? 2 MR. GUICE: Objection. Especially 3 if you're not going to show him what 4 records you're talking about. You are 5 asking him to identify records that aren't 6 in front of him. 7 MR. GRANT: I got you. I got you. 8 Q. Which sideloader was involved in Bruce's 9 incident? Was it Sideloader Number 2 or Raymond10 Number 2?11 MR. GUICE: Objection.12 Go ahead.13 A. I believe so, but I'm not sure.14 - - - -15 (Thereupon, Plaintiff's Exhibit 7, a group of16 Andersen & Associates invoices, was marked17 for purposes of identification.)18 - - - -19 Q. Handing you what I've just marked as Exhibit 7,20 it is numbered 0421 through 0428. Take a minute21 to flip through there and what I want to first22 ask you is are these documents pertaining to the23 Raymond Number 2 that was involved in this24 incident?25 A. I can't say for sure if these all are for Raymond

Page 55

1 Number 2. 2 Q. Were you involved in collecting these records and 3 providing them to your legal counsel for 4 production to me? 5 MR. GUICE: Objection. 6 A. I was involved in a number of record findings. I 7 couldn't tell you if I was the one to get these 8 or not. 9 Q. So you again cannot sit here and represent to me10 that this would be all of the records that11 ThyssenKrupp had with respect to the Raymond12 involved in Mr. Houdek's incident?13 MR. GUICE: Objection.14 Go ahead.15 A. I wasn't there that night. I wasn't concerned16 about which Raymond hit Bruce.17 MR. GUICE: Well, just make sure18 you answer the question. He's asked if you19 can represent whether or not those are the20 records pertaining to Raymond Number 2.21 A. I understand, but I don't see anything on here22 that I can recall that this model number and this23 serial number is for Raymond Number 2.24 Q. Okay. Fair enough. Then let me ask you to25 presume that it was Raymond Number 2 that was

Page 56

1 involved in this incident, okay. If that is the 2 case, you cannot sit here and tell me that this 3 is all of the records that ThyssenKrupp has for 4 that particular Raymond, correct? 5 MR. GUICE: Objection. Calls for 6 speculation. 7 A. I don't know if this is all the records for 8 Raymond Number 2. 9 Q. So if I ask you to either personally or have10 someone else go through the records to provide to11 me all inspection records or maintenance records,12 purchase orders I suppose with respect to Raymond13 Number 2, you could have that done and provide14 the results to Mr. Guice, correct?15 MR. GUICE: Objection.16 Go ahead.17 A. I don't know if I can provide every single record18 for Raymond Number 2. I don't know if I can -- I19 mean, I can look and find and see what I can get.20 Q. Okay. Would any documentation for work on a21 sideloader be shared or transmitted to any other22 ThyssenKrupp location?23 A. Sure.24 Q. What sort of documentation?25 A. The invoices would be copied and sent up to




Page 57

1 corporate. 2 Q. All invoices or only invoices over 2,500? 3 A. All invoices to my knowledge. 4 Q. Okay. And corporate you said is in Michigan? 5 A. Correct. 6 Q. I think I have that address, but what is that 7 address? 8 A. I just know it as Southfield. 9 Q. What about inspection records? Are those also10 sent up to headquarters?11 A. They are not. They're kept inhouse.12 Q. So it would only be invoices for work with13 respect to a sideloader that's sent to corporate?14 A. I believe that is all.15 Q. Any other inspections for the sideloaders that we16 haven't already talked about, the daily17 inspection and the quarterly inspection, any18 other types of inspections?19 A. Not to my knowledge. There may be a weekly.20 There may be a monthly. I don't recall.21 Q. Let's talk then about repairs to the sideloaders.22 Are there any repairs that are done inhouse by a23 ThyssenKrupp employee?24 A. Not to my knowledge. I don't believe so.25 Q. Is there any maintenance, perhaps minor

Page 58

1 maintenance that is done inhouse by a 2 ThyssenKrupp employee? 3 A. What would you define as minor maintenance? 4 Q. Well, is there any maintenance done by a 5 ThyssenKrupp employee? 6 MR. GUICE: You mean for 7 sideloaders or in general? 8 MR. GRANT: For sideloaders. 9 A. Can you define that better for me.10 Q. Okay. What do ThyssenKrupp employees do other11 than inspection of the sideloaders?12 A. Besides operate them, that's basically about it.13 Q. So there is no one inhouse, a ThyssenKrupp14 employee who does any actual maintenance on the15 sideloaders?16 A. Again, it depends on what you're defining as17 maintenance.18 Q. Anything other than inspection or operating them.19 A. Then I would say no.20 Q. Is Andersen & Associates the only outside entity21 that does any maintenance or repairs on the22 sideloaders?23 A. I believe so.24 Q. Are you aware of any maintenance, inspection or25 repairs of sideloaders that's performed by MDI?

Page 59

1 A. I am not aware of that. 2 Q. Okay. 3 A. Again, define maintenance. They do superficial 4 maintenance in the warehouse, so maybe a battery 5 charger connection that's for the sideloader, 6 they may do something, but they don't do any 7 mechanical maintenance work on the sideloaders. 8 Q. Does MDI do any sort of inspection of the 9 sideloaders themselves?10 A. They do not.11 Q. I want to jump back to the lighting issue12 momentarily. Are you aware of any lighting13 diagram?14 A. I am not aware of any.15 Q. You've never seen anything like a drawing, a16 diagram that's maintained that shows where the17 lights are in the plant?18 A. No.19 Q. Is there a maintenance department or office in20 the plant?21 A. Define maintenance department. Do you mean22 somebody employed by us internally?23 Q. Correct.24 A. No.25 Q. I saw the name of a Bill Pace. What is his job?

Page 60

1 A. He is a sweeper. 2 Q. Does he perform any sort of plant maintenance 3 other than sweeping? 4 A. Garbage cans. 5 Q. He wouldn't be in charge of replacing light 6 bulbs? 7 A. No. 8 Q. If a light bulb needs to be replaced, maybe it 9 burns out, how is that accomplished?10 A. It depends on the light bulb.11 Q. Well, is it always done by an outside entity or12 is it replaced by inhouse guys?13 A. It just depends on the bulb, which bulb is burned14 out and where.15 Q. Are there types of bulbs that are replaced16 inhouse?17 A. Sure.18 Q. Who would be the one replacing those?19 A. It could be myself. It just depends on the bulb.20 Q. Well, I'm talking ceiling bulbs here.21 A. Are you talking warehouse ceiling bulbs?22 Q. Correct.23 A. That would be MDI.24 Q. You said that some of these new lights that were25 being tried out that were installed a number of




Page 61

1 years ago were energy efficient? 2 A. Correct. 3 Q. How did you learn that they were energy-efficient 4 lights? 5 A. Word of mouth. 6 Q. Why were some of those energy-efficient lights 7 installed and tested over in the bar rack area? 8 A. I do not know why they put them there. 9 Q. Do you know why they were installed in the aisle10 or the area that they were installed as opposed11 to a different area of the bar rack?12 A. I do not know that. I also believe at the time13 or shortly after, there were a couple that were14 over in this plate area as well installed.15 Q. Well, was there anything different about16 Aisle C/D in the bar rack area that made it a17 good testing area as opposed to Aisle A/B or E/F18 or any other aisle in the bar rack area?19 A. I don't know. I don't know why they chose that20 area.21 Q. The sideloaders, the four sideloaders at the22 plant, do any of them have a strobe light?23 A. The Hubtex I believe has a strobe light, I24 believe.25 Q. You believe that's the only one?

Page 62

1 A. I'm pretty sure. 2 Q. Okay. The two orange Raymonds do not have a 3 strobe light, correct? 4 A. Not to my knowledge. 5 Q. And the two orange Raymonds do not have any 6 external, a driving light or indicator light, 7 correct? 8 A. They do not. 9 Q. Do any of the sideloaders have warning buzzers?10 A. Do you mean do they have a horn?11 Q. No. I'm talking about a warning buzzer when they12 move or are in motion, an audible signal sound.13 A. They do not.14 Q. Okay. Do all four sideloaders have a manual15 horn?16 A. Yes, they do.17 Q. That has to be pressed by the operator, correct?18 A. Correct.19 Q. Is there any policy or procedure at ThyssenKrupp20 as to when that horn is to be used?21 A. Coming in and out of the aisles, sometimes if22 there's a change of direction, if they're not23 performing -- if they may be in an area of the24 warehouse where they normally wouldn't be, we25 house some bar in the plate rack, so sometimes

Page 63

1 these orange Raymonds will come through there 2 and, you know, just to be on the safe side, 3 they'll maybe hit the horn coming through here. 4 Q. Through here, you're referring to, in Exhibit 1, 5 the area where the saws are, correct? 6 A. Correct. 7 Q. Because there is not enough space between the end 8 of Aisle A and where we have on this drawing, 9 Exhibit 1, the rollers?10 A. Correct.11 Q. So the sideloader has to go all the way around in12 front of the office area through the saw areas to13 get over to the plate rack areas?14 A. Correct.15 Q. Any other situations where the sideloader16 operator is to use the horn?17 A. Just as long as he knows his surroundings and he18 sees, you know, if he sees someone in front of19 him and he needs to use a horn, somebody is not20 paying attention to their surroundings and, you21 know, they'll use the horn.22 Q. Is this policy or procedure written anywhere?23 A. I don't believe so.24 Q. How if at all is this policy or procedure25 monitored or enforced?

Page 64

1 A. I would imagine the supervisors, I know the 2 supervisors or myself or the safety director 3 would be out while these sideloaders are 4 operating and if they're not operating safely, 5 they would be -- the supervisor will be notified 6 and I will be notified. 7 Q. For instance, if the sideloader is going through 8 the saw area and not using his horn, that's a 9 situation where the supervisor or yourself would10 be notified and somebody would speak to the11 operator, correct?12 A. Correct.13 Q. What about if the sideloader operator is going14 down an aisle? Is that a situation where they15 must activate the horn?16 A. When they're going down the aisle into the aisle?17 Q. When they're entering the bar rack area.18 MR. GUICE: Objection.19 A. Not necessarily.20 Q. And if that was observed by yourself or a21 supervisor that a sideloader operator let's say22 in the bar rack area enters an aisle and does not23 activate the horn, he's not going to be24 disciplined or even talked to about that,25 correct?




Page 65

1 MR. GUICE: Objection. 2 A. Not necessarily. I don't know that. 3 Q. Well, can you point to me any employees or 4 circumstances or occasions where a sideloader 5 operator in the bar rack area has been 6 disciplined for entering an aisle without 7 activating his horn? 8 A. Not to my knowledge. 9 Q. At the time of Mr. Houdek's incident back in10 October of 2008, were there any orange safety11 cones anywhere at the warehouse or at the plant?12 A. Yes, there were.13 Q. And how many?14 A. I'm not exactly sure.15 Q. Where were they used or stored?16 A. At the time of the accident, I'm not exactly sure17 if we used them at the time of the accident, but18 we use one over by the contour area, which is19 over here on Exhibit 1, to mark incoming material20 to be processed.21 Q. Okay.22 A. The rest of them, I believe we used a couple of23 them sort of just as a preliminary trial to mark24 other areas for incoming stock to be processed.25 Q. Okay. I guess I'm not really clear on how they

Page 66

1 were used to mark incoming stock. Do you mean to 2 designate a location where someone is to place 3 incoming stock? 4 A. Correct. 5 Q. So they're more used as an indication point 6 rather than a warning device? 7 A. I guess you could say it that way, sure. 8 Q. How tall are these cones? 9 A. I'm not exactly sure. This was the taller one.10 Q. The one by the contour saws?11 A. The one by the contour saws.12 Q. Before Bruce's incident occurred, how was13 incoming stock placed in the racks? Was it14 placed in the racks during a particular shift?15 MR. GUICE: Objection.16 Go ahead.17 A. I'm not exactly sure -- incoming stock from18 where?19 Q. Well, you have to get your racks stocked for20 material, correct?21 A. Correct.22 Q. So you have shipping and receiving departments,23 correct?24 A. Correct.25 Q. The new product that is received has to be placed

Page 67

1 on the racks, correct? 2 A. Some of it. 3 Q. Is it placed on the racks during a particular 4 shift? 5 A. It's not -- it's usually done on day shift. 6 However, it can be done on second and third shift 7 throughout my tenure there. 8 Q. Before Bruce's incident, was there ever an 9 occasion where there had to be certain10 maintenance performed down any particular aisle,11 whether it's a plate aisle or a bar aisle?12 A. Maintenance in regards to the racks themselves?13 Q. Sure. Maybe something is going on with a14 particular rack that needs to be repaired or15 maintained in some manner, so someone is down16 there working on it.17 A. There could have been. Any repairs are usually18 done on -- it depends on the repair. It just19 depends on the repair. If it was something that20 was an immediate need, which I believe we never21 had anything of an immediate need, that would be22 done right away, but if there were any23 maintenance or, you know, if we had to fix24 something that could wait until the weekend, they25 would do it on the weekend.

Page 68

1 Q. Why on the weekend? 2 A. Just so we didn't shut down productivity. 3 Q. You don't have production run on the weekend, 4 correct? 5 A. Generally no. 6 Q. Did you work on the weekends or do you work on 7 the weekends? 8 A. Myself? 9 Q. Yes.10 A. Sure.11 Q. More than you like to?12 A. Ask my wife and she'll tell you yes, I do.13 Q. Have you ever seen maintenance performed on a14 weekend down a particular aisle?15 A. I have not. I can't recall.16 Q. Do you know the steps that are taken when17 maintenance is done down a particular aisle?18 A. I don't know.19 Q. You said that typically if it could wait until20 the weekend, maintenance would be performed down21 an aisle on weekends so as not to shut down22 production?23 A. Correct.24 Q. What about it would interfere or shut down25 production?




Page 69

1 A. It would just depend on what they had to do, if 2 they were in the aisle and we needed to get 3 material out of where they were working. 4 Q. That would require or necessitate closing off the 5 aisle? 6 A. Not necessarily. 7 Q. Okay. Well, then how would it have interfered 8 with the production? 9 A. Again, it just depends on the repair. You're10 bringing a hypothetical situation here that I've11 never seen happen, so I don't know.12 Q. Well, I thought we got on to this line of13 discussion because you had said any maintenance14 done in an aisle would be performed on the15 weekend when production is not running, but what16 you're telling me is that that's never actually17 happened?18 A. It has happened and they have done maintenance19 in, you know, in the aisle or whatever. Maybe20 they painted the racks or whatever on the21 weekend.22 Q. Have you ever seen that taking place?23 A. I can't recall. I may have. I can't say for24 sure say, Hey, look, they're down there working25 on the aisle.

Page 70

1 Q. Well, when they're down there working on the 2 aisle on a weekend, there's no sideloaders 3 running around, correct? 4 A. Correct. 5 Q. Have you ever seen an occasion where maintenance 6 is being performed down an aisle during 7 production? 8 A. I can't recall. I don't believe so. 9 Q. Let's take a five-minute break because this is a10 good breaking point. I'm going to get into more11 specifics about this incident, so before I do12 that, let's take a short break.13 - - - -14 (Thereupon, a discussion was had off the15 record.)16 - - - -17 Q. I understand that there was a point in time where18 ThyssenKrupp was changing over its inventory19 system, is that correct?20 A. You mean moving to SAP.21 Q. Yes. I understand that you were using an Opus22 system and it was going to be changed over to a23 SAP system?24 A. That is not correct.25 Q. Okay. Tell me.

Page 71

1 A. We were using a Legacy or the Mass system. Opus 2 was the project to turn it over to the SAP 3 system. It was called Project Opus. 4 Q. Okay. What did Opus stand for? 5 A. I don't know. 6 Q. It wasn't a name you selected? 7 A. No. 8 Q. Was this changeover from the Mass system to the 9 SAP system something that was just being done at10 the Cleveland facility?11 A. It was done company wide within the United12 States.13 Q. Was it all going to be done around the same time14 at all of the U.S. locations or had it already15 been completed at some of the locations and it16 was just like a rolling implementation?17 A. It was done within the same time period.18 Q. Was there a target date to have the new system up19 and running?20 A. Yes.21 Q. And what was that?22 A. December 8th, 2008.23 Q. Obviously that would require that the work of24 changing the system over was done in advance of25 December, 2008, correct?

Page 72

1 A. Sure. In fact, the original rollout date was 2 supposed to be in October of 2008. It was pushed 3 back. 4 Q. It was pushed back at all locations, not just the 5 Cleveland location? 6 A. Correct. 7 Q. Because all of the locations had to be up on the 8 same system, correct? 9 MR. GUICE: Objection.10 If you know.11 A. Not necessarily.12 Q. Okay. Was there any time estimate for the13 Cleveland plant as to how long it would take to14 get the new system implemented?15 A. No, there was not.16 Q. This was not going to be a changeover that took17 place within the span of one week, correct?18 A. Not necessarily. It depends on what you're19 changing over here, if you could define20 changeover.21 Q. Fine. What did the changeover entail?22 Physically what had to be done to go from the old23 system to making the new system operational?24 A. We had to retag, relabel all of the material in25 the racks as well as the racks themselves.




Page 73

1 Q. Anything else that had to be performed? 2 A. We also had to perform an inventory, the 3 whole-house inventory. 4 Q. Of material and equipment? 5 A. Material. 6 Q. Was that inventory going to be performed before 7 or after the labeling switch? 8 A. After the labeling switch. 9 Q. Was there going to be any new computer equipment10 or other type of equipment that was going to have11 to be put into operation in order to change the12 system?13 A. We added more computer equipment.14 Q. In terms of the most time intensive or15 time-consuming work to make this changeover, am I16 correct that it would be the part where you'd17 have to relabel all of the material in the racks18 and relabel the racks?19 MR. GUICE: Objection.20 If you know.21 A. I can't answer that. I don't know.22 Q. Well, how long was it going to take or how long23 was it planned to take for changing the labels on24 all of the material in the racks and changing the25 labels on the racks?

Page 74

1 A. It had to be done by December 8th, so there was 2 no -- it had to be done by December 8th. 3 Q. Well, when did that labeling work begin? 4 A. I don't know the exact day. 5 Q. Well, was it before or after Bruce's incident? 6 A. It was before. 7 Q. How long before? 8 A. I don't know. 9 Q. A matter of a couple of days or a matter of a few10 weeks?11 A. It could have been a matter of a few weeks. It12 could have been a matter of a couple months.13 Q. How many employees were assigned to perform that14 labeling changeover?15 A. It depends on where we were at time frame wise.16 I mean, it could have been anybody. It could be17 anybody. It was everybody once we got going with18 it. It wasn't just anybody. There was no one19 assignment.20 Q. As you put it, did it really get going at any21 point before Bruce's incident?22 A. Do you mean did we start before Bruce's incident?23 Q. No. I think you already told me you did start24 before Bruce's incident, but you just told me in25 your last answer that once it really got going,

Page 75

1 it could have been anybody. I'm asking did it 2 really get going at any point before Bruce's 3 incident? 4 A. Not to the magnitude we were at later on near the 5 go-live date. 6 Q. Who was it that determined which employees would 7 participate in relabeling? 8 A. It wasn't any one person that determined who was 9 going to participate and who was not going to10 participate. It just depended on workload.11 Q. Well, would it be the shift supervisor who would,12 based on workload, identify the particular worker13 or group of workers to do the work?14 A. Sure.15 Q. What documentation was made as to who was16 performing the work, this labeling or relabeling17 work for any given shift?18 A. I don't believe there was any documentation on19 who was going to do what.20 Q. So there is no documentation or no way of21 determining who was doing relabeling work on any22 given day?23 A. Correct.24 Q. Is there any way to determine when the relabeling25 work first began?

Page 76

1 A. I don't believe so. 2 Q. Was there any time of the day when the relabeling 3 work was to be performed? For the time being 4 right now, let's just look at that period of time 5 before Bruce's incident occurred. For that 6 period of time, was there any point of the day 7 when the relabeling work was to be done or any 8 day of the week? 9 MR. GUICE: Objection.10 Go ahead.11 A. Can you rephrase that somewhat.12 Q. Sure. Before October 14, 2008, we've already13 established that there was some relabeling work14 being performed, correct?15 A. If that's the day of the incident.16 Q. That is the day of Bruce's incident.17 A. Okay.18 Q. For that period of time before Bruce's incident,19 was there a time of the day or a day of the week20 that the relabeling work was being performed?21 A. It could have been performed at any time. There22 was no set time.23 Q. No rhyme or reason to when it was performed?24 A. No. It depended on workload and who was25 available.




Page 77

1 Q. Any other considerations as to when that 2 relabeling work would be performed? 3 A. I don't quite get what you mean. 4 Q. During break time, during third shift, during the 5 weekend when there's no production running? 6 A. Could there have been is what you're asking? 7 Q. I'm asking was there any such consideration? 8 A. There might have been some consideration, not at 9 that time.10 Q. Only after Bruce's incident?11 A. Only after.12 Q. Okay. What consideration after Bruce's incident?13 A. Possible work on the weekends.14 Q. Why was it on the weekends, because there was no15 production?16 A. Correct.17 Q. What about the lack of production or no18 production going on made it a better time to do19 this relabeling work?20 A. Well, you would have -- the manpower would be21 available to do relabeling work as opposed to22 doing production.23 Q. Any other reason?24 A. No, not that I can think of.25 Q. How many years have you known Bruce Houdek?

Page 78

1 A. Geez, a lot of years. 2 Q. You knew him in school, correct? 3 A. Correct. 4 Q. Did you stay in touch with him before he came to 5 work at ThyssenKrupp? 6 A. I may have seen him a couple times, but nothing 7 to stay in touch, you know. 8 Q. To your knowledge, it wasn't due to your working 9 at ThyssenKrupp that Bruce came there or got a10 job there, was it? Did you have anything to do11 with hiring Bruce Houdek?12 MR. GUICE: Objection.13 Go ahead.14 A. When you say hire, define hiring.15 Q. Did you have any role in deciding that Bruce16 would be hired by ThyssenKrupp?17 A. Somewhat.18 Q. Tell me about that. Describe it for me, what19 your role was.20 A. I interviewed Bruce.21 Q. And based on that interview, you recommended that22 he could be hired?23 A. Yes.24 Q. What about Bruce led you to that conclusion?25 MR. GUICE: Objection.

Page 79

1 Go ahead. 2 A. I guess just the way the interview had gone, but 3 I couldn't give you details. 4 Q. Were you ever a shift supervisor over Bruce? 5 A. Not his direct -- he did not report directly to 6 me on his shift. If I filled in for his shift, 7 then yes. 8 Q. Did you get along with Bruce while he was an 9 employee of ThyssenKrupp?10 MR. GUICE: Objection.11 Go ahead.12 A. What do you mean by get along?13 Q. Did you ever have any problems with him?14 A. In regards to?15 Q. His work.16 MR. GUICE: Objection.17 Go ahead.18 A. Not to my knowledge.19 Q. Did you ever have to discipline him in any way?20 MR. GUICE: Objection.21 Go ahead.22 A. Not to my knowledge.23 Q. Do you know any other supervisors at ThyssenKrupp24 who ever had to discipline Bruce in any way?25 MR. GUICE: Objection.

Page 80

1 A. Again, not to my knowledge. 2 Q. Before the day of this incident, what was your 3 understanding of Bruce's job at ThyssenKrupp? 4 What title did he have? 5 A. He was a machine operator. 6 Q. Which saw? 7 A. I'm not exactly sure which saws he was able to 8 run. When you are a machine operator, you 9 eventually will learn how to run all the saws,10 all the machines, bar cutoff, contour, so with11 that said, I couldn't tell you what he was able12 and not able to run.13 Q. As a machine operator, is there a particular14 amount of weight that you are to be capable of15 lifting? Are there any job requirements?16 MR. GUICE: Objection.17 Go ahead.18 A. I'm not sure.19 Q. Is there a frequency of bending and lifting that20 the machine operator position requires?21 A. There could be. There's nothing -- a22 requirement, not to my knowledge.23 Q. Is there a particular requirement as to the24 number of hours a machine operator is required to25 stand or to sit?




Page 81

1 A. Not to my knowledge. 2 Q. Do you recall shortly before the day of this 3 incident learning that Bruce strained his back at 4 work? 5 A. I do. 6 Q. How did you first learn about that? 7 A. Through a shift supervisor. 8 Q. Which supervisor? 9 A. I believe it was Jared Kuhn.10 Q. And what did you learn about that incident or11 about Bruce's condition?12 A. I just learned that he strained his back.13 Q. Was this the day that it happened or some day14 after that?15 A. I can't recall if it was the day that it happened16 or the following day.17 Q. Do you recall that Bruce returned to work a day18 or two after that with a doctor note?19 A. When you say returned to work, do you mean20 returned to work to come to work or just returned21 to the premises?22 Q. Well, let's talk about returning to the premises.23 Do you remember him returning to the premises?24 A. With a doctor note?25 Q. Yes.

Page 82

1 A. Yes. 2 Q. Okay. Tell me about that, what you remember 3 about it. 4 A. From what I recall, he had come in to see Jared 5 the shift supervisor and he had a return-to-work 6 note with limited or restrictions as to what he 7 could do. They did not come and see me 8 immediately with it or anything. I don't recall, 9 I don't recall much after that. I just recall10 going out there and saying, you know, Let me see11 your restrictions, maybe there's something we can12 have you do that falls within your restrictions.13 Q. So where did this conversation between Bruce and14 Jared take place?15 A. In the WCC.16 Q. In the general office area?17 A. In the WCC.18 Q. What does WCC stand for?19 A. Warehouse Command Center.20 Q. Did you see this conversation taking place or21 hear it taking place?22 A. I overheard it I think originally.23 Q. Okay. And at some point, you were able to look24 at the doctor note yourself?25 A. I believe so. I'm not sure.

Page 83

1 Q. Well, Bruce certainly had it with him to provide 2 it to you had you wanted to look at it, correct? 3 A. Yes. 4 Q. Did you overhear any discussion before you came 5 into it between Jared and Bruce as to what the 6 two of them thought Bruce would do or should do 7 due to those limitations? 8 A. I don't believe they discussed what he -- I don't 9 recall.10 Q. Did you overhear any discussion between Jared and11 Bruce concerning the fact that there was12 generally no light-duty work in the warehouse?13 A. I don't recall.14 Q. Would you agree with me that other than the15 relabeling work that I understand occurred, that16 there generally was no light-duty classified work17 in the warehouse at that time?18 A. Classified, define classified.19 Q. Was there any light-duty type of work in the20 warehouse at that time other than any relabeling21 work?22 A. Being performed?23 Q. Or available.24 A. I don't know. I don't know if there was.25 Q. What is your recollection of the type of

Page 84

1 restrictions that Bruce was on at that time? 2 A. There was a bending and stooping limit that I 3 believe was three or five per hour. I don't know 4 that for sure. And there was also a weight 5 restriction and lifting limit. 6 Q. What weight? 7 A. I don't know. 8 Q. What did you do next once you learned that Bruce 9 came with these restrictions?10 A. That he couldn't perform his -- are you asking me11 if he could perform his primary job duties?12 Q. Right. Was it decided that Bruce was not able to13 perform his normal job obligations as a saw14 operator with his restrictions?15 A. Yes.16 Q. So what happened?17 A. Well, we knew we had the labeling that was -- we18 had already started and I said, you know, What we19 can do is have him do the labeling as long as it20 falls within his restrictions and he is21 performing that job task within his restrictions.22 Q. Fair to say that this was your idea to begin23 with, that he do that work?24 A. Sure.25 Q. What you just told me, is that the gist of what




Page 85

1 you said to Bruce and to Jared? 2 MR. GUICE: Objection. 3 Go ahead. 4 A. I don't know who was -- I don't know who if 5 anyone else overheard. I don't know. 6 Q. What else did you tell Jared and/or Bruce at this 7 time? 8 A. Something to the effect that he needed to be 9 trained on what he was going to do, what we10 needed him to do, and I believe that was all. I11 don't recall, I don't really recall much else.12 Q. How was he to be trained in that work, in13 performing that work?14 A. I don't recall. I don't recall. I don't know.15 I don't know.16 Q. Was it going to entail him sitting at a computer17 and reading or taking a quiz?18 A. It could have.19 Q. What if any other instructions or directions did20 you give to Jared and/or to Bruce at that time?21 A. Just to let us know where he was -- where he22 would leave off, so we knew where he left off23 with the labeling process, so he would do a24 certain amount of racks.25 Q. So the next person that was picking up would know

Page 86

1 where to start, correct? 2 A. Sure. 3 Q. Any other directions or instructions that you 4 gave to Jared or to Bruce at that time? 5 A. Not to my knowledge. 6 Q. Any instructions or warnings or anything else 7 that you gave to anyone else that Bruce was doing 8 this work? 9 A. Not to my knowledge.10 Q. What was your understanding at that point in time11 as to when Bruce would physically be starting the12 relabeling work?13 A. After he was trained.14 Q. So he was going to start his training right after15 this conversation that shift?16 A. I don't know. It could be. I don't know.17 Q. Well, it was your understanding and intent that18 Bruce stays at work that day and starts this19 training, correct?20 A. I believe so.21 Q. You weren't telling Bruce or telling Jared to let22 Bruce go home that night and come back at some23 other day to start this work, correct?24 MR. GUICE: Objection.25 Go ahead.

Page 87

1 A. I don't know. I don't know. 2 Q. Well, you expected that Bruce was going to stay 3 at the facility that day and begin his training, 4 begin this work, correct? 5 MR. GUICE: Objection. 6 Go ahead. 7 A. I don't know. 8 Q. Well, so you didn't say one way or the other? 9 MR. GUICE: Objection.10 Go ahead.11 A. I don't remember.12 Q. How long were these doctor restrictions that13 Bruce had? Did it say anywhere on that for how14 long he was under these restrictions?15 A. I don't remember.16 Q. Did you indicate to Bruce or to Jared how many17 days you wanted Bruce doing this work?18 A. I don't remember.19 Q. Was it your expectation he was only going to be20 doing this work for that particular shift?21 MR. GUICE: Objection.22 Go ahead.23 A. Not necessarily. I don't remember.24 Q. Tell me what else if anything happened in this25 discussion that you had with Jared and Bruce at

Page 88

1 that time. Anything else? 2 A. Not to my recollection. 3 Q. About what time of the day did this take place? 4 A. I don't remember. I don't remember exactly. 5 Q. Would it have been around the time of the second 6 shift start? 7 A. It could have been. 8 Q. Which would have been around 2:30 in the 9 afternoon?10 A. Again, I can give you a ballpark time frame,11 between 2:00 and 6:00, something like that.12 Q. Do you recall what time that day you left the13 facility?14 A. I don't recall.15 Q. Do you punch a time clock of any nature?16 A. No.17 Q. Keep any sort of time records as to when you come18 and leave?19 A. No, I do not.20 Q. Is there any sort of key-carded parking lot?21 A. No, there's not.22 Q. Before you left work that day, did you have an23 occasion to see Bruce again?24 A. Are you asking if I did see him again or just I25 had the occasion if I wanted to go see him again?




Page 89

1 Q. No. If you actually did see him again. 2 A. Not that I recall. 3 Q. You didn't see him getting training to do this 4 job? 5 A. Not that I recall. 6 Q. You didn't see him actually performing this job? 7 A. Not that I remember. 8 Q. Did you tell Bruce how you wanted him to do this 9 job?10 A. Not that I remember.11 Q. Did you tell Bruce what equipment he would need12 to use to do this job?13 A. Not that I remember.14 Q. Did you tell Bruce where you wanted him to begin15 this job?16 A. Not that I remember.17 Q. Okay. Did you tell Bruce that you wanted or18 expected him to begin in the bar area or in the19 plate area?20 A. I don't remember.21 Q. This changeover process for the relabeling, was22 it starting in the plate racks and once the plate23 racks were finished, it was going to start in the24 bar racks, or did it start in the bar racks?25 A. I don't remember where it started.

Page 90

1 Q. Did you give Bruce any other instructions as to 2 what he needed to do or how he needed to do it? 3 A. I don't remember. 4 Q. Did you give Jared any instructions as to how you 5 wanted this task performed? 6 A. I don't remember. I can't recall. 7 Q. Did you tell Jared any precautions that had to be 8 followed while this task was being performed? 9 A. I don't recall.10 Q. Did you tell Bruce any precautions that had to be11 followed while he was performing this task?12 A. Not to my knowledge.13 Q. Did you tell any other employees any precautions14 that had to be followed while this task was being15 performed either by Bruce or by anyone else?16 A. Not to my knowledge.17 Q. I guess my last question wasn't clear in what I18 was asking. At any point before this date, did19 you give instruction or warning to any employees20 as to precautions or steps that had to be21 followed while the relabeling work was being22 performed?23 A. Define steps and precautions.24 Q. Well, what instructions did you provide to25 employees to follow when the relabeling work was

Page 91

1 being performed? 2 A. The only thing I can recall is letting the 3 employees know date-wise what we needed to have 4 done and what we needed to do, what was going to 5 be done, that the material was going to be 6 retagged and the racks were going to be 7 relabeled. 8 Q. Basically giving them the overview of what the 9 task was going to entail?10 A. Yes.11 Q. Did you give them any instruction as to any12 safety precautions that would have to be followed13 while this was being done?14 A. No.15 Q. The aisles where the racks are located are16 typically occupied by sideloaders, correct, or17 used by sideloaders, correct?18 A. Can you rephrase that question.19 Q. Sure. The aisles for the bar racks and for the20 plates are typically used by the sideloaders,21 correct?22 A. Sure, for the most part. You can walk down them.23 You can take a towmotor down some of them.24 Q. Well, sure. On occasion somebody might be25 walking down one of these aisles to grab

Page 92

1 material, correct? 2 A. Sure. 3 Q. But for the most part, it's usually the 4 sideloaders going down these aisles to pick up 5 the material, correct? 6 A. Correct. 7 Q. Getting back to the day that Bruce comes back to 8 the facility with his doctor restriction or 9 medical restriction and you have the idea of10 having Bruce do this relabeling work, on that day11 did you mention to any other employees the fact12 that Bruce was going to be doing this relabeling13 work?14 A. Not to my recollection.15 Q. Did you instruct Jared to tell any other16 employees that Bruce was going to be doing this17 relabeling work?18 A. I don't remember.19 Q. Is that something that you think you would have20 told Jared to do?21 MR. GUICE: Objection.22 A. I could have.23 Q. Did you tell Bruce that in order to relabel the24 materials in some of these racks, that it would25 require him to use a scissor lift?




Page 93

1 A. I did not. 2 Q. Did you hear Jared tell him that? 3 A. I did not. 4 Q. Did you here Bruce ask Jared or ask you about 5 that? 6 A. Ask me about -- 7 Q. Using a scissor lift to perform the relabeling 8 work. 9 A. I don't remember.10 Q. These racks in the bar area start down at the11 floor level, correct?12 A. No, they don't.13 Q. Okay. Well, how low or how high off the floor is14 the first rack?15 A. I don't know the exact measurement.16 Q. Give me a ballpark.17 A. Within a foot or two.18 Q. Okay. And the racks go all the way up to the top19 of the racks that you said is about 25 feet or so20 tall?21 A. Approximately.22 Q. Okay. Obviously Bruce would need some sort of23 equipment to get him that high, correct?24 MR. GUICE: Objection.25 A. If he was, if he was going to relabel those.

Page 94

1 Q. Well, when you assigned this task for Bruce to 2 perform, did you expect him or tell him that it 3 was going to entail him relabeling focusing on 4 one rack and relabeling everything from the floor 5 up to the top of that rack and then going to the 6 next rack and repeating that process? 7 A. I expected him to follow his guidelines that his 8 doctor restricted him to do. 9 Q. How did you expect that he would do that? Did10 you tell him that?11 A. I believe so.12 Q. What specifically do you remember telling him in13 that regard?14 A. I can't recall the exact terms.15 Q. So was it your understanding that those16 restrictions, work doctor restrictions meant that17 he would not be able to relabel the racks and18 material that is down near the floor?19 MR. GUICE: Objection.20 Go ahead.21 A. I don't know.22 Q. You didn't give that any thought one way or the23 other?24 MR. GUICE: Objection.25 Go ahead.

Page 95

1 A. He was told to follow his restrictions. 2 Q. Okay. Do you agree with me that relabeling the 3 racks down near the floor would require somebody 4 to bend or stoop over? 5 MR. GUICE: Objection. 6 A. Not necessarily. 7 Q. Okay. How would they do that without bending or 8 stooping over? 9 MR. GUICE: Objection.10 A. I don't know.11 Q. Well, you said it so I need to ask you. How12 would somebody relabel a rack that is down one13 foot off the floor if they don't bend or stoop14 over?15 MR. GUICE: Objection. Asked and16 answered.17 A. I don't know.18 Q. Okay. Were you expecting him to lay down on the19 floor to relabel these?20 MR. GUICE: Objection.21 Go ahead.22 A. I expected him to follow his doctor's orders.23 Q. Did you expect him to hire a little person to24 come and help him relabel these lower racks?25 MR. GUICE: Objection. Getting

Page 96

1 into harassment. 2 A. I expected him to follow his doctor's 3 restrictions. 4 Q. So you expected him to relabel the racks that 5 went from around his waist to around his eye 6 level all the way down one aisle? Is that your 7 testimony? 8 MR. GUICE: Objection. 9 Go ahead and answer.10 A. I would expect him to follow his doctor's11 restrictions.12 Q. How did you expect him to follow his doctor's13 restrictions and perform this relabeling work?14 MR. GUICE: Objection.15 Go ahead.16 A. He can only perform what he can do. If it meant17 only doing these certain racks, that's fine.18 That's within his restrictions.19 Q. That wouldn't have caused more havoc for this20 relabeling task if he was only relabeling the21 racks that are at his waist and chest height?22 MR. GUICE: Objection. Calls for23 speculation.24 A. Yeah. I don't know.25 Q. You are aware that Bruce was using a scissor lift




Page 97

1 or you became aware that Bruce was using a 2 scissor lift to perform some of this relabeling 3 that day, correct? 4 A. I did not see him use a scissor lift. 5 Q. At some point did you learn that he had been 6 using a scissor lift to perform some of this 7 relabeling work? 8 A. It was passed along to me. 9 Q. Did you find out how it came to be that he was10 using a scissor lift?11 A. I did not.12 Q. So you don't know if it was Bruce's own idea or13 if somebody told him to do that?14 A. I don't know that.15 Q. And it's your testimony that you weren't the one16 who told him to use a scissor lift?17 A. I told him to follow the directions of his18 doctor's restrictions.19 Q. I appreciate that. I think you've said that 3520 or seven times now.21 A. I'll say it more.22 Q. I'm asking you you were not the one who told him23 to use a scissor lift to perform this task?24 A. I don't recall ever saying anything like that.25 Q. Nothing out of the ordinary happened with respect

Page 98

1 to Bruce's work on this relabeling before you 2 left the facility that day? 3 A. Not to my knowledge. 4 Q. Okay. At some point later that night, you 5 received a phone call? 6 A. I received a lot of phone calls. 7 Q. Okay. You received a phone call from work 8 advising you that something had happened? 9 A. With Bruce?10 Q. Yes.11 A. I did.12 Q. Who did you receive that call from?13 A. From Jared Kuhn.14 Q. What did Jared tell you happened?15 MR. GUICE: Objection.16 Go ahead.17 A. I don't recall the exact conversation.18 Q. What was the gist of what you understood happened19 at that time?20 A. That Bruce had been hit by the sideloader.21 Q. Did you at that time learn how that came about?22 A. I don't recall.23 Q. What did you instruct Jared to do at that time?24 MR. GUICE: Objection.25 Go ahead.

Page 99

1 A. I don't remember. 2 Q. Did you instruct him to call someone to advise 3 them that this had occurred? 4 MR. GUICE: Objection. 5 Go ahead. 6 A. I don't remember. 7 Q. Did you tell him to call Randy Pacelli? 8 MR. GUICE: Objection. 9 Go ahead.10 A. I could have. I don't remember.11 Q. Who is Randy Pacelli?12 A. At the time he was the regional general manager.13 Q. Was there any particular reason why Randy would14 need to be notified right away of this incident?15 A. He requested to be notified if there was somebody16 hurt at work.17 Q. Okay. ThyssenKrupp has a person that fills the18 role of safety director, is that correct, or19 perhaps safety manager?20 A. Can you rephrase it or --21 Q. Sure. I understand there's a gentleman by the22 name of Richard Switzer?23 A. Switzer.24 Q. Switzer. One of his jobs is to be in charge of25 safety?

Page 100

1 A. Correct. 2 Q. Okay. What is your understanding of his 3 responsibility in that regard? 4 A. He does a lot of safety training and awareness 5 programs. He is our liaison between our 6 corporate safety director. If somebody is hurt, 7 you know, we usually filter information through 8 him and that goes to corporate. He's also in 9 charge of getting the medicine cabinet filled up10 for us. He doesn't set policy, but he can be11 involved in the helping of policy.12 Q. Does he enforce safety policy?13 A. Define enforce.14 Q. Well, does he verify to make sure workers are15 following plant safety policies and stop them or16 bring it to someone's attention if he feels they17 are not?18 A. If he sees it, he'll bring it to somebody's19 attention.20 Q. Is he authorized to discipline an employee if he21 feels they are violating the safety policy?22 A. No.23 Q. Did you mention to Richard Switzer that you were24 going to have Bruce doing this relabeling work25 that day?




Page 101

1 MR. GUICE: Objection. 2 A. I don't recall. 3 Q. Was Richard involved in the discussion of having 4 Bruce do this relabeling work that day? 5 A. I don't recall. 6 Q. At any day prior to this occasion, did you ever 7 have any discussion or meeting with Richard 8 Switzer as to what steps would have to be taken 9 or implemented, what safety-related steps would10 have to be taken or implemented during this11 changeover work?12 A. I don't recall.13 Q. The night you received this phone call from14 Jared, did you receive any other phone calls15 beside that one from Jared about this incident?16 A. I don't remember.17 Q. At some point you came back to the facility?18 A. I did.19 Q. About what time did you come back or make it20 back?21 A. It was between I think 9:30 and midnight.22 Q. About what time did you get the phone call from23 Jared?24 A. I don't recall. I believe it was between 9:0025 and 10:00, something like that. I don't remember

Page 102

1 exactly. 2 Q. In terms of minutes, how long does it take to go 3 from your home to work? 4 A. 37 minutes. 5 Q. I presume you left your home shortly after you 6 got off the phone with Jared? 7 A. Yes. 8 Q. Tell me what you observed when you got back to 9 the plant that night.10 A. In the plant itself?11 Q. Yes.12 A. Or outside or --13 Q. In the plant. Tell me what you saw and what you14 did.15 A. I walked into my office. I met with Jared I16 believe and I think that was really about it. I17 just, you know, wanted to get the story and what18 had happened and I don't recall much after that19 except going to the hospital and spending a lot20 of time at the hospital.21 Q. When you got back to the plant that night, did22 you go to the area where this occurred?23 A. Yes.24 Q. Did anyone go there with you?25 A. I don't remember.

Page 103

1 Q. Was anyone already at that area when you got 2 there? 3 A. I don't remember. 4 Q. Tell me what you observed when you got to that 5 area. 6 A. I just remember the scissor lift down there and 7 Bruce's helmet. I don't remember seeing the 8 Raymond. I don't remember. That's about all I 9 remember.10 Q. The Raymond had already been pulled out of the11 aisle?12 A. It could have been. I don't know.13 Q. The scissor lift you saw, do you know if that was14 in the same position it was in when this incident15 occurred or had it been moved?16 A. I don't know.17 Q. Which aisle was the scissor lift in?18 A. At the time when I got there?19 Q. Yes.20 A. The aisle between A and B in the bar side.21 Q. It's your understanding that that's where this22 incident occurred, correct?23 A. Yes.24 Q. How far down the aisle was the scissor lift when25 you first observed it that night?

Page 104

1 A. Halfway down the aisle. 2 Q. What makes you think it was halfway down the 3 aisle or recall that it was halfway down the 4 aisle? 5 A. By the rack location. 6 Q. Which rack was it located next to? 7 A. I don't remember what we called it back then, but 8 I think it was D, the four set of racks. 9 Q. There's been testimony from at least two10 witnesses in this case that the scissor lift was11 actually almost all the way to the end of that12 aisle when this incident occurred. Obviously you13 did not see this incident occur, correct?14 A. Correct.15 Q. Where you first observed the scissor lift in that16 aisle, it's your testimony that this scissor lift17 at that point in time was not all the way down to18 the end of the aisle?19 A. It was not all the way down there.20 Q. But again, you don't know if that scissor lift21 had been moved between the time the incident22 occurred and the time that you first saw it,23 correct?24 A. To my knowledge.25 Q. You said you also spoke with Jared that night?




Page 105

1 A. When I got to the plant, back to the plant? 2 Q. Yes. 3 A. Yes. 4 Q. Which happened first? Did you speak with Jared 5 first in the office or did you go to the aisle? 6 A. I don't recall. 7 Q. What did you and Jared say when you were talking 8 with him? 9 A. It seemed to me he was still pretty shook up.10 When I had wanted to know what happened, he11 explained it to me as best he could. I explained12 to him I believe at that time to, you know,13 document everything that had happened and just go14 from there. I think I asked him where they took15 Bruce and how George was.16 Q. Did you ask Jared how this happened or why it17 happened?18 A. Not to my knowledge.19 Q. Did you ask Jared why some step wasn't taken to20 have prevented this from occurring?21 MR. GUICE: Objection.22 Go ahead.23 A. I don't know.24 Q. Did Jared indicate to you that either Bruce or25 George had violated any company policy or

Page 106

1 procedure or instruction that they had been 2 given? 3 A. No. 4 Q. Was there any company policy or procedure or 5 instruction that either one of them violated? 6 A. No. 7 Q. Anyone besides Jared that you spoke to when you 8 returned back to the plant that night? 9 A. I did speak to a couple others, but I can't10 recall exactly who they were.11 Q. Did you speak with anyone who saw what happened12 or knew anything about how it happened or why it13 happened?14 A. I don't believe anybody else saw what happened.15 I don't know that, but they just gave me their16 story of what they thought might have happened or17 had happened.18 Q. Anything else that you did at the plant that19 night?20 A. I don't remember.21 Q. Did you take any measurements of anything?22 A. I did not.23 Q. Did you take any photographs?24 A. I did not.25 Q. Do you know anyone who did take any photographs?

Page 107

1 A. I believe Jared took photographs. 2 Q. That night? 3 A. I believe so. I don't know for sure. 4 Q. Do you believe he took them before you returned 5 back to the plant or after you returned to the 6 plant? 7 A. I don't know. 8 Q. Is it your testimony that you did not take any 9 photographs with respect to this incident?10 A. I don't remember taking any photographs.11 Q. I believe it was Jared who testified that in fact12 you did take some photographs. That's not your13 recollection?14 A. I don't remember.15 Q. I'm going to hand you what's previously been16 marked as Exhibit 3. If you would take a moment17 to flip through there and tell me if you recall18 taking any of those photographs.19 A. I don't remember taking any of these.20 Q. Let me ask you and I'm not trying to be rude21 about this. Do you have any medical condition or22 are you taking any medication that would affect23 your memory?24 A. No.25 Q. Before the first photograph of Exhibit 3, you see

Page 108

1 a scissor lift in that photograph, correct? 2 A. Sure. 3 Q. Can you, looking at this photograph, tell me 4 where within that aisle how far down that aisle 5 this scissor lift is located in this photograph? 6 A. According to here, C would be the third set of 7 uprights. 8 Q. So the rack labels closest to the picture taker 9 in this photograph or on the left-hand side10 indicate that that rack is the third rack down11 the aisle?12 A. Yes.13 Q. Anything else you did that night at the plant14 after returning before going to the hospital?15 A. I believe I spoke to George when he arrived back.16 Q. Because he went to the hospital to get drug17 tested, correct?18 A. Correct.19 Q. Where did you talk to George?20 A. It was in my office.21 Q. Did you call George into your office or did he22 come into your office?23 A. I don't remember.24 Q. Did you keep the door opened or did it get25 closed?




Page 109

1 A. I don't remember that either. 2 Q. What did you and George talk about? 3 A. What had happened and how he was doing. 4 Q. What did you say to George? 5 MR. GUICE: Objection. 6 Go ahead. 7 A. Exactly or the gist of it? 8 Q. Well, if you can remember exactly what you told 9 him, I'd like to know that.10 A. I don't remember exactly what I told him. I11 just, you know, told him, I think I had asked him12 exactly, you know, try to tell me what had13 happened, what you remember. He was pretty shook14 up, so I just said, you know, Just get your15 bearings straight. Don't worry about it, you16 know, just worry about Bruce right now, things17 like that.18 I didn't put him at fault or anything like19 that at that time. It wasn't something he needed20 to hear. It was more of a, you know,21 try-to-calm-him-down type conversation.22 Q. Anything else you told him?23 A. Nothing that stands out.24 Q. Did you tell him not to blame himself?25 A. No.

Page 110

1 Q. No, you did not tell him that or no, you don't 2 remember telling him that? 3 A. I said no. I don't remember -- I didn't tell him 4 that. 5 Q. Do you remember making a fist and hitting your 6 desk at all? 7 A. When I was talking to George? 8 Q. Yes. 9 A. No. I did not do that.10 Q. Do you remember telling George not to blame11 himself, that this was something you knew could12 happen --13 MR. GUICE: Objection.14 Q. -- and you didn't do anything to stop it?15 A. Could you repeat that.16 Q. Sure. Do you remember telling George that you17 knew this was something that could happen and you18 didn't do anything to stop it or prevent it?19 MR. GUICE: Objection.20 A. No, I did not tell him that.21 Q. I deposed George last week and he was placed22 under oath too to answer all the questions I23 asked him truthfully and he testified under oath24 that in fact during this meeting with you in your25 office that night, you did tell him not to blame

Page 111

1 himself and you did tell him that you were aware 2 this could happen and did nothing to stop it. 3 It's your testimony that what George told me 4 is not true? 5 MR. GUICE: Objection. Hearsay. 6 A. I don't know. You're asking me something about 7 his -- I can only tell you what I said or didn't 8 say. 9 Q. Well, I can show you his testimony if you'd like10 to see what he told me.11 A. I don't need to see it. I'll tell you what I12 said.13 Q. Okay.14 A. Not what he said I said.15 Q. And your testimony is that what George testified16 to is not true?17 MR. GUICE: Objection.18 You can answer if you have an19 opinion.20 A. I don't have an answer for that.21 Q. Well, before all of this happened, before this22 incident happened, you certainly knew that it was23 dangerous to drive sideloaders or forklifts for24 that matter in an area where people were working25 if there was not some awareness between the

Page 112

1 person and the operator of the equipment, 2 correct? 3 MR. GUICE: Objection. 4 You can answer. 5 A. Can you rephrase that. 6 Q. Sure. Before this incident occurred, you were 7 aware that it was dangerous to operate forklifts 8 or sideloaders in areas where pedestrians are 9 located if there is not an awareness between the10 pedestrian and the operator of the equipment,11 correct?12 MR. GUICE: Objection.13 You can answer.14 A. There's people walking all over the plant all the15 time. There's no crosswalks in there at all.16 Everybody has that understanding that they need17 to know their surroundings, whether it be a18 sideloader operator or a pedestrian.19 Q. Which goes back to the policy that if you're20 driving a sideloader through an area where people21 are working, that the policy is to activate the22 horn, correct?23 A. Not necessarily. As I said before, when you went24 into the aisle, you don't need to activate the25 horn.




Page 113

1 Q. Okay. Well, sideloader operators are the ones 2 who are usually, we've already established this, 3 the ones using these aisleways, so you would 4 agree with me that they are not usually expecting 5 a pedestrian to be down an aisleway, correct? 6 MR. GUICE: Objection. 7 A. That's not true. 8 Q. Okay. Are sideloader operators informed, 9 instructed or trained to expect pedestrians down10 an aisle at any given time at all times of the11 day?12 A. They're expected to know their surroundings.13 There can be pedestrians anywhere in the building14 at all times and they're supposed to know their15 surroundings.16 Q. Before this incident occurred, you knew that if a17 pedestrian was struck with a moving sideloader,18 they would be injured, correct?19 MR. GUICE: Objection.20 Speculation.21 A. I don't know that.22 Q. You never knew that?23 MR. GUICE: Objection.24 A. I don't know that.25 Q. If a pedestrian got struck or was hit with a

Page 114

1 sideloader moving at full speed, you had never 2 thought that the pedestrian would be injured? 3 MR. GUICE: Objection. 4 Speculation. 5 A. Again, I don't know that. 6 Q. Have you ever been struck by a sideloader? 7 MR. GUICE: Objection. 8 You can answer. 9 A. No, I have not.10 Q. Do you know anyone besides Bruce who has?11 A. I do not.12 MR. GUICE: Objection.13 Q. Have you ever been struck by a forklift?14 MR. GUICE: Objection.15 A. I have not.16 Q. Do you know anyone who has ever been struck by a17 forklift?18 MR. GUICE: Objection.19 A. I don't know.20 Q. Before this incident occurred, did you give any21 consideration to the thought that you would want22 to take any steps or precautions if a pedestrian23 is down an aisle doing some work while a24 sideloader is in that aisle?25 MR. GUICE: Objection.

Page 115

1 You can answer. 2 A. I don't remember. I don't believe so. 3 Q. Before this incident, did you give any 4 consideration to any steps that would need to be 5 followed or taken if a worker is doing this 6 relabeling job in an aisle that a sideloader 7 could come down? 8 MR. GUICE: Objection. 9 Go ahead.10 A. No.11 Q. Before this incident, did you give any12 consideration to reordering the orders for a13 sideloader operator to fill so that he would not14 have to go down a particular aisle when a worker15 was doing relabeling work down that aisle?16 MR. GUICE: Objection.17 A. I don't quite understand the question.18 Q. Before this incident occurred with Bruce, did you19 give any consideration or thought to have the20 orders, work orders changed around at all so that21 a sideloader would not have to be down a22 particular aisle pulling material while a worker23 was down that aisle doing relabeling work?24 MR. GUICE: Objection.25 Go ahead.

Page 116

1 A. No. 2 Q. Did that thought ever occur to you? 3 MR. GUICE: Objection. 4 Go ahead. 5 A. To pull the orders first? 6 Q. Correct. 7 A. No. 8 Q. Did anyone ever bring that thought to your 9 attention or that idea to your attention before10 Bruce's incident occurred?11 A. No.12 Q. No, no one ever did or no, you don't remember13 anyone bringing that to your attention?14 A. Nobody -- I don't remember if somebody brought15 that to my attention, so I'll say I don't16 remember.17 Q. I understand at the beginning of each shift,18 there is a brief meeting that takes place that19 the shift supervisor usually conducts with his20 work crew?21 A. Yes.22 Q. And on occasion do you attend those meetings?23 A. I do, but usually I will go in there after they24 have their -- we call them safety meetings, but25 sometimes I'm there before, but usually I go in




Page 117

1 there after. 2 Q. Where are these meetings held? 3 A. In the hourly lunchroom. 4 Q. Are they held at the beginning of each shift? 5 A. Yes. 6 Q. So it's not something that's held only once a 7 week, it's held each work day? 8 A. Yes. 9 Q. When you say you usually go in at the end of a10 meeting, you mean after they're all filing out or11 toward the end of the meeting where the meeting12 is still going on?13 A. It depends. Before they file out.14 Q. Do you keep any notation as to which meetings you15 attend?16 A. No.17 Q. Do you conduct any of these meetings yourself?18 A. On occasion, very rarely.19 Q. How many meetings for the second shift crew did20 you attend in the month prior to Bruce's21 incident?22 A. I don't remember.23 Q. Do you think you did attend some during that24 period of time?25 A. I may have.

Page 118

1 Q. Do you remember anyone asking you any questions 2 of you directly during those meetings? 3 A. Questions of me pertaining to? 4 Q. Sure. Pertaining to this new system, changing 5 over to this new system. 6 A. They could have. 7 Q. Do you remember anyone asking you when the work 8 of physically relabeling the racks would be 9 taking place?10 A. I don't recall.11 Q. Do you recall anyone asking you if the sideloader12 operators should reorder their work so that they13 would not have to go down an aisle when a worker14 was down there relabeling the racks?15 A. No.16 Q. You don't remember any such question or no such17 question was brought to you?18 A. I don't know. I don't know if it was brought to19 me. I don't remember it. I don't remember that.20 Q. Does ThyssenKrupp have any sort of manuals for21 the sideloader like an operator manual or a22 maintenance manual or repair manual?23 MR. GUICE: Objection.24 Go ahead.25 A. I believe so, but when you say ThyssenKrupp, you

Page 119

1 mean ThyssenKrupp Cleveland warehouse? 2 Q. Yes, the Cleveland warehouse. 3 A. I believe so. 4 Q. Where would those manuals be kept? 5 A. I believe they're kept in the WCC. 6 Q. In a particular file cabinet or a particular 7 person's desk? 8 A. In the manuals' file cabinet. 9 Q. Tell me what steps were taken or implemented10 prior to Bruce's incident to make sure that a11 sideloader operator would not strike a worker in12 an aisle that is doing relabeling work.13 MR. GUICE: Objection.14 Go ahead.15 A. Can you rephrase that.16 Q. Tell me what steps if any were taken to make sure17 that a sideloader would not strike a pedestrian18 in an aisle before Bruce's incident occurred.19 MR. GUICE: Objection.20 A. That would depend on what the pedestrian was21 doing in the aisle.22 Q. Okay. How would it depend?23 A. If they were going to be down there for a24 significant period of time, they were to tell the25 Raymond operator or operators that they were

Page 120

1 going to be working down an aisle, for example, A 2 and B. 3 Q. This was a policy that was in place even before 4 Bruce was injured? 5 A. Yes. 6 Q. Was this a written policy? 7 A. It was not a written policy. 8 Q. How was this unwritten policy communicated to the 9 workers?10 A. During their training, during their sideloader11 training, during their training. They had to be12 aware of their surroundings, that there was tow13 motors, sideloaders, trucks, machines.14 Q. Did every employee get towmotor training when15 they started working at ThyssenKrupp?16 A. I don't know.17 Q. Well, what training would occur where this would18 be instructed to employees if it wasn't during19 sideloader training?20 A. It could occur during general warehouse training.21 It could occur during first-day training. I'm22 not exactly sure when, but --23 Q. What steps were taken to make sure that all24 employees were given this training?25 A. It varied throughout the years. I mean, years




Page 121

1 ago, I don't know how many years ago, fifteen 2 years ago, it was just a lot of hands-on 3 training, word of mouth. You knew even after 4 watching the videos for the tow motors that, you 5 know, you have to be alert at all times, either 6 as an operator or a pedestrian, that there are 7 tow motors in the area. 8 Q. Well, how did that training change over time? 9 What I'm trying to figure out is in say the two10 or three years leading up to incident, how do you11 know or how did you ensure that all the employees12 had this specific training or instruction in this13 unwritten policy?14 A. There would be nothing documented. There would15 be nothing documented.16 Q. So fair to say that you would hope that all of17 the employees would have received this18 instruction, but there's no guarantee that they19 would have received it?20 MR. GUICE: Objection.21 Go ahead.22 A. I don't know.23 Q. Well, do you agree with the first part of that24 question that you hope that all of the employees25 would have received this instruction?

Page 122

1 MR. GUICE: Objection. 2 Go ahead. 3 A. I don't agree with the word hope. 4 Q. You would have expected them to have all received 5 this instruction? 6 A. They should have received that instruction. 7 Q. It would have been important to you that they 8 receive this instruction, correct? 9 A. If I was driving a sideloader or if I was a10 pedestrian out there, sure.11 Q. Well --12 A. I don't know what you're asking.13 Q. As a shift supervisor and now as the plant14 manager, it was and is important for the15 employees to have received this instruction in16 this unwritten policy?17 A. Sure.18 Q. Because this unwritten policy is important to you19 to ensure or safeguard safety, correct?20 MR. GUICE: Objection.21 Go ahead.22 A. Not just the unwritten policy. There's a lot23 more that goes to safety than just one unwritten24 policy in our plant.25 Q. I appreciate that, but for right now we're

Page 123

1 talking about this unwritten policy. This 2 unwritten policy is a safety-related policy, 3 would you agree? 4 A. It could be. 5 Q. What else could it be? 6 A. Just an awareness policy. It doesn't have to 7 necessarily be a safety policy. 8 Q. What if any other steps besides this unwritten 9 policy we just talked for ten minutes were in10 place before Bruce's incident to ensure that a11 pedestrian being down an aisle for any length of12 time would not be in danger of being struck by a13 sideloader?14 A. Nothing to my knowledge.15 Q. Before Bruce's incident occurred, there was no16 policy requiring one of these orange safety cones17 to be placed at the end of an aisle that a18 pedestrian was going to be down for any length of19 time, correct?20 MR. GUICE: Objection.21 Go ahead.22 A. Not to my knowledge.23 Q. And before Bruce's incident, there was no policy24 that if a pedestrian is going to be down an aisle25 for any length of time, that they wear a

Page 124

1 reflectorized brightly colored vest, correct? 2 MR. GUICE: Objection. 3 Go ahead. 4 A. Not to my knowledge. 5 Q. And before Bruce's incident occurred, there was 6 no policy or procedure in police that required 7 any sort of accordion-type gate or fence to be 8 placed at the end of an aisle that a pedestrian 9 was going to be down for any length of time,10 correct?11 MR. GUICE: Objection.12 A. Not to my knowledge.13 Q. These steps were implemented after Bruce's14 incident, correct?15 MR. GUICE: Objection.16 A. We implemented them, yes, afterward.17 Q. You would agree that they could have been18 implemented before this incident, correct?19 MR. GUICE: Objection.20 A. I don't know.21 Q. Well, was there anything in particular preventing22 them from having been implemented before this23 incident occurred?24 MR. GUICE: Objection.25 A. I don't know. There was no reason to. We had




Page 125

1 fifty plus years without an incident. 2 Q. That wasn't my question. 3 A. That's my answer. 4 Q. Okay. What if anything prevented you from 5 implementing any of these steps before Bruce's 6 incident? 7 MR. GUICE: Objection. 8 A. You mean the gate and all that? 9 Q. Correct.10 A. What prevented us from -- never thought about it.11 We had a safe practice.12 Q. You didn't have these brightly colored or13 reflectorized vests at the plant before Bruce's14 incident occurred, did you?15 MR. GUICE: Objection.16 A. Not to my knowledge.17 Q. They could have been purchased before Bruce's18 incident, correct?19 MR. GUICE: Objection.20 A. They may have. I don't know.21 Q. It was a poor question on my part.22 The company was capable of purchasing these23 vests before Bruce's incident, correct?24 MR. GUICE: Objection.25 A. Sure, could have.

Page 126

1 Q. And this accordion-style gate or expandable gate 2 was not in place at the facility before this 3 incident occurred, correct? 4 MR. GUICE: Objection. 5 A. Not to my knowledge. 6 Q. But again, nothing stopped the company from 7 having purchased it sooner, correct? 8 MR. GUICE: Objection. Asked and 9 answered.10 A. I don't know.11 Q. Well, how many of these gates were purchased12 after this incident?13 A. I believe two.14 Q. What was the cost of each one?15 MR. GUICE: Objection.16 A. I don't know.17 Q. Were you involved in selecting them or deciding18 to purchase them?19 A. I think I looked at them in the books, but I did20 not purchase them myself.21 Q. Was the purchase cost for the two less than22 $2,500?23 MR. GUICE: Objection.24 A. I believe so.25 Q. So this was not a purchase that you had to get

Page 127

1 approval from headquarters to make, correct? 2 A. Correct. 3 Q. How many vests were purchased? 4 A. I don't remember. 5 Q. What was the approximate cost per vest? 6 MR. GUICE: Objection. 7 A. I don't remember. 8 Q. Were any more orange cones purchased following 9 this incident?10 A. I don't believe so.11 Q. How many total orange cones do you believe the12 company had at the time of this incident?13 A. Between three and six.14 Q. Nothing prevented the company from having a15 policy or from you enforcing the use of these16 orange cones at the end of an aisle that a17 pedestrian was going to be down for any length of18 time, correct?19 MR. GUICE: Objection.20 A. No.21 Q. Have you heard of the term competent person with22 respect to OSHA regulations?23 A. I understand what you're saying I believe.24 Q. You've heard that term before?25 A. I may have. Rephrase the question.

Page 128

1 Q. Have you heard the term competent person as it 2 applies to OSHA regulations? 3 A. No. 4 Q. OSHA regulations generally define it as someone 5 knowledgeable to identify potential and 6 predictable safety hazards with the authority to 7 correct them. Have you heard that definition or 8 description used before? 9 MR. GUICE: Objection.10 Go ahead.11 A. I don't know.12 Q. Presuming that that is the correct definition of13 the term, is there anyone or was there anyone14 employed at ThyssenKrupp back in October, 200815 who would qualify as a competent person for OSHA16 standards?17 MR. GUICE: Objection.18 Speculation.19 A. I don't know.20 Q. Would you consider yourself, in light of that21 definition, to be a competent person as it22 relates to OSHA regulations?23 MR. GUICE: Objection. Calls for24 speculation.25 A. I don't know.




Page 129

1 Q. You don't know if you are knowledgeable to 2 identify potential and predictable safety hazards 3 in the workplace? 4 MR. GUICE: Objection. 5 A. In that regard, I would say I'm somewhat 6 knowledgeable. 7 Q. Okay. What training have you received to qualify 8 you to be able to identify potential and 9 predictable safety hazards in the workplace?10 A. In accordance with OSHA?11 Q. In accordance with anything.12 A. I would say hands-on training and there was some13 E-learning for, you know, safety precautions,14 what to look for.15 Q. What about Jared Kuhn? Would you consider him16 someone who is knowledgeable to identify17 potential and predictable safety hazards in the18 workplace?19 MR. GUICE: Objection.20 A. Maybe.21 Q. Well, do you know what training and instruction22 Jared has received that would give him that23 capability?24 MR. GUICE: Objection.25 Speculation.

Page 130

1 A. He may have received E-learning training, similar 2 training to what I have. 3 Q. You don't know any training other than what you 4 received that Jared would have received making 5 him capable of identifying potential and 6 predictable safety hazards in the workplace? 7 MR. GUICE: Objection. 8 Speculation. 9 A. I don't know.10 Q. What about Richard Switzer? Is he someone who11 you would consider, according to that definition,12 to be a competent person?13 MR. GUICE: Objection.14 Speculation.15 A. With regards to OSHA?16 Q. Yes.17 A. I don't know.18 Q. Is he someone who you feel is capable of19 identifying potential and predictable safety20 hazards in the workplace?21 MR. GUICE: Objection.22 Go ahead.23 A. Maybe.24 Q. What training or instruction are you aware of25 Mr. Switzer having other than the training you

Page 131

1 had? 2 MR. GUICE: Objection. 3 Go ahead. 4 A. I don't know. He's had more. I know that, but I 5 don't know. 6 Q. What if any training or instruction have you had 7 with respect to OSHA safety regulations? 8 A. That I have? 9 Q. Yes.10 A. Nothing certified, nothing that I know of, just11 whatever we've had per our company.12 Q. Before this incident occurred, did you ever have13 an opportunity to review any OSHA safety14 regulations?15 A. I could have. Nobody put something and said,16 Here is some OSHA regulations, look at these and17 review these.18 Q. Was there a set of OSHA regulations in the WCC at19 any time before this incident occurred?20 A. I don't know.21 Q. Are you aware of a copy of the OSHA safety22 regulations anywhere at the Cleveland facility23 prior to this incident?24 A. There may be something. I don't know.25 Q. You've never seen them?

Page 132

1 A. I've never seen them. 2 Q. Do you agree with me that as a shift supervisor 3 and certainly as a plant manager, that you have 4 an obligation to familiarize yourself with OSHA 5 safety regulations? 6 MR. GUICE: Objection. Calls for 7 a legal conclusion. 8 You can answer if you have an 9 opinion.10 A. I don't have an opinion. I'm not going to answer11 that.12 Q. Would you agree with me that as a plant manager13 of a production facility, you should familiarize14 yourself with OSHA safety regulations?15 MR. GUICE: Objection.16 You can answer if you have an17 opinion.18 A. I don't know.19 Q. Okay. Well, help me to explain why you feel that20 as a plant manager you might not have to21 familiarize yourself with OSHA safety22 regulations?23 MR. GUICE: Objection.24 You can answer if you have an25 opinion.




Page 133

1 A. I'm not saying I should or I shouldn't. I'm 2 saying I don't know. 3 Q. Okay. Well, do you agree that it would be wise 4 as a plant manager to make sure you or someone at 5 your facility is in charge of being aware of OSHA 6 safety regulations? 7 MR. GUICE: Objection. 8 You can answer if you have an 9 opinion.10 A. I would imagine there's somebody in the company11 that would be aware of OSHA regulations and that12 would advise us. Do I need to have somebody in13 the plant to answer the question, I don't know.14 Q. So when you say and use your fingers to indicate15 quotations, you mean as a company as a whole16 nationwide, you feel there's somebody that you17 feel probably has that knowledge?18 A. There may be.19 Q. As a plant manager, do you feel you have any20 obligation to your employees under you to provide21 them with a safe workplace?22 MR. GUICE: Objection.23 You can answer if you have an24 opinion.25 A. I would hope I would do that.

Page 134

1 Q. As a plant manager, do you feel you have any 2 obligation to make sure that applicable safety 3 regulations are followed and enforced in your 4 plant? 5 MR. GUICE: Objection. 6 You can answer if you have an 7 opinion. 8 A. I would think so. 9 Q. So how do you go about making sure those safety10 regulations are followed and enforced if you11 don't first make sure you know what those safety12 regulations are?13 MR. GUICE: Objection.14 Go ahead.15 A. Again, I don't know. Maybe you can rephrase16 that. What safety regulations are you --17 Q. OSHA safety regulations. Are you aware of any18 OSHA safety regulations that apply to your19 production facility?20 MR. GUICE: Objection. Calls for21 a legal conclusion.22 A. Sure.23 Q. What topics of those safety regulations are you24 aware apply to your facility?25 MR. GUICE: Objection.

Page 135

1 A. I don't know. 2 Q. Are you aware of any OSHA safety regulations 3 applicable to the operation of forklifts and 4 sideloaders? 5 MR. GUICE: Objection. 6 Go ahead. 7 A. I don't know them word for word. 8 Q. Okay. Were you aware that such regulations 9 applied even before October, 2008 when this10 incident occurred?11 MR. GUICE: Objection.12 Go ahead.13 A. They could have.14 Q. Were you aware before October of 2008 that OSHA15 had safety regulations that dealt with forklift16 and sideloader operations?17 MR. GUICE: Objection.18 Go ahead.19 A. I don't know.20 Q. Well, is it your testimony that you only became21 aware that OSHA had safety regulations pertaining22 to forklifts and sideloaders after this incident23 occurred?24 MR. GUICE: Objection.25 Go ahead.

Page 136

1 A. That is not my testimony. 2 Q. So what is your testimony, that you actually were 3 aware that there were some OSHA regulations 4 pertaining to forklifts, lift trucks, sideloaders 5 before this incident, you just didn't know all 6 the intricacies of it? 7 MR. GUICE: Objection. 8 Go ahead. 9 A. There could be.10 Q. What do you mean there could be?11 A. There could be OSHA safety regulations for tow12 motors and sideloaders. I don't know them word13 for word. I don't know the gist of them.14 Q. I appreciate that and I'm not going to quiz you15 on the gist of all of the language. I'm just16 trying to establish whether you knew before this17 incident occurred that there were OSHA18 regulations talking about forklift, sideloader,19 lift truck operations?20 MR. GUICE: Objection.21 Go ahead.22 A. Yes.23 Q. Okay. Just before this incident, you didn't know24 or familiarize yourself with all of the25 intricacies of all of those regulations, correct?




Page 137

1 MR. GUICE: Objection. 2 Go ahead. 3 A. Correct. 4 Q. Before this incident occurred, how did you become 5 aware that there were OSHA regulations pertaining 6 to lift truck, sideloaders, forklifts? 7 MR. GUICE: Objection. 8 Go ahead. 9 A. Just through documentation, through word of10 mouth, through newsletters, through, you know, it11 could be a number of different things.12 Q. What sort of news letters?13 A. Maybe they were sent by OSHA or sent around14 company wide.15 Q. Have you ever belonged to any industry or trade16 groups that would have any publications or17 circulations that you would have received?18 A. Have I personally, no.19 Q. Have you ever personally?20 A. No.21 Q. Okay. Have you ever received any periodicals,22 news letters, magazines pertaining to23 manufacturing facilities or pertaining to your24 industry?25 A. Sure.

Page 138

1 Q. What sort of publications? 2 A. Just as you described, manufacturing 3 publications. You mean the exact name of them? 4 Q. Yes. 5 A. I think American Metal Marketing, New Equipment 6 Digest. I don't remember the other ones offhand. 7 Q. Are these publications that the company receives 8 into the shop and you have an opportunity to 9 review them?10 A. Sure.11 Q. Okay. How often do they arrive, once a month or12 some other time frame?13 A. Sometimes it's once a month. Sometimes it's like14 ten times a day. It just depends. I'm not sure.15 I'm sure they're monthly.16 Q. Do you flip through them from time to time to see17 what's in there?18 A. From time to time.19 Q. Okay. I know in my office there's a little20 circulation note on it showing who's seen it or21 who it's been passed to. Is there something like22 that at your facility?23 A. There used to be.24 Q. When did that stop?25 A. Maybe about a year ago maybe. It mainly had to

Page 139

1 do with sales. 2 Q. You told us earlier that George was pretty shook 3 up over this incident, correct? 4 A. Yes. 5 Q. And at some point in time, do you remember 6 telling George or giving George a phone number 7 that he could call for some counseling? 8 A. I don't remember giving him a phone number like 9 that.10 Q. Okay. Did you ever direct him to anyone that he11 could contact if he felt he needed counseling?12 A. I don't recall exactly if I did or not, if I told13 him.14 Q. Do you know whether he ever sought counseling15 because of this incident?16 A. I don't know if he did or not.17 Q. Were you pretty upset over this incident?18 A. Sure.19 Q. Did you receive any counseling?20 MR. GUICE: Objection.21 A. I did not.22 Q. Did you receive any sort of emotional treatment23 at all?24 A. I did not.25 MR. GUICE: Objection.

Page 140

1 Q. Never called a counselor at all to talk about 2 what happened or how upset you were? 3 MR. GUICE: Objection. 4 A. No. 5 Q. Did you ever tell anyone that you did? 6 MR. GUICE: Objection. 7 A. No. 8 Q. Do you know if Jared ever sought any counseling 9 over this incident?10 MR. GUICE: Objection.11 A. I don't know.12 Q. Did you ever recommend to Jared that he seek13 counseling over this incident?14 A. I don't recall.15 Q. Tell me what internal investigation was conducted16 pertaining to this incident.17 A. Pictures were taken. We got I think some18 personnel that were -- that wanted to give some19 sort of documents, words on what had happened, a20 description of what had happened. We gathered21 that information up. We got Bruce's, his story22 on what had happened, George's, Jared's. I think23 after that, what happens is we fill out an24 internal investigation form and it's a very25 simple form that just sort of details what had




Page 141

1 happened. That's about really all. 2 Q. Let me back up. You said some photos were taken. 3 Those were the photos that we previously looked 4 at in Exhibit 3, correct? 5 A. I don't know if that's the photos that were taken 6 that night or when those were taken. For the 7 investigation, I believe those are the photos 8 that were taken for the investigation. 9 Q. Okay. You just don't recall when they were10 taken?11 A. I don't recall when they were taken.12 Q. Okay. You don't recall if it was that night or13 some later date?14 A. Correct.15 Q. Okay. You don't recall who took the photographs?16 A. No.17 Q. The statements that were collected and the form18 that was completed, is that what we have marked19 as Exhibit 2, the form and the attached20 handwritten statements?21 A. Sure.22 Q. Any other documents that were prepared as part of23 the internal investigation?24 A. Not to my knowledge.25 Q. On Exhibit 2, under the corrective action box at

Page 142

1 the bottom, this handwriting says, Established 2 new safety guidelines. Then there appears to be 3 a signature and a date. 4 Do you recognize that signature? 5 A. It looks like Dick Switzer's. 6 Q. Do you know what he's referring to when he says, 7 Established new safety guidelines? 8 A. I don't know what he's referring to. 9 Q. Did you have any discussion with Dick Switzer10 about new safety guidelines that would need to be11 established?12 A. We did talk about it.13 Q. Okay. Did you talk with him about that before he14 wrote this note on October 17, 2008?15 A. I don't recall.16 Q. You said one of the other steps was to get17 Bruce's version of the events, correct?18 A. Sure.19 Q. How was that obtained?20 A. I don't know.21 Q. I ask because I don't see any written statement22 from Bruce attached in Exhibit 2.23 A. Okay.24 Q. Do you recall someone receiving a written25 statement from Bruce?

Page 143

1 A. I do not. 2 Q. Did someone interview him at the hospital to get 3 his version of the events? 4 A. Not to my knowledge. 5 Q. It certainly wasn't you, correct? 6 A. It was not me. 7 Q. To your knowledge, no one interviewed him and 8 tape-recorded what he said? 9 A. Not to my knowledge.10 Q. So you don't know whether Bruce's version of the11 events was ever gathered as part of the internal12 investigation?13 A. Correct.14 Q. Any other step that was taken in the internal15 investigation that we haven't already talked16 about?17 A. Not that I can recollect.18 Q. I understand that there was an OSHA inspection or19 investigation, correct?20 MR. GUICE: Objection.21 Go ahead.22 A. After, after the fact, yes.23 Q. And what was your involvement in that24 investigation?25 MR. GUICE: Objection. Why don't

Page 144

1 you just let me get a continuing objection 2 to anything related to OSHA. 3 MR. GRANT: That's fine. 4 A. They pretty much went their own way. I wasn't 5 really involved in it at all. 6 Q. Did they interview you at all? 7 A. They talked with me, not necessarily interviewed 8 me. 9 Q. Okay.10 A. What do you mean by interviewed?11 Q. Well, what did they talk to you about?12 A. Just about the plant, not necessarily the13 incident.14 Q. You didn't talk to them about the task that you15 had asked Bruce to be performing that night?16 A. I don't recall.17 Q. Did you give them any written statement?18 A. I don't believe so.19 Q. Did they take any sworn statement from you? Did20 they record what you told them?21 A. Not to my knowledge.22 Q. Okay. Do you recall receiving a copy of a23 citation from OSHA following their investigation?24 A. I believe I saw it. I don't know if I25 actually -- I received a copy. I remember seeing




Page 145

1 it. 2 Q. Okay. How did you see it if you didn't receive 3 it? 4 A. Well, it wasn't sent directly to me from OSHA. 5 Q. Okay. 6 - - - - 7 (Thereupon, Plaintiff's Exhibit 8, U.S. 8 Department of Labor Occupational Safety and 9 Health Administration Citation and10 Notification of Penalty, was marked for11 purposes of identification.)12 - - - -13 Q. Handing you what I've just marked as Exhibit 8,14 is this a copy of the OSHA citation that you saw15 pertaining to this incident?16 A. Yes.17 Q. Okay. On Page 5 of 5 it says at the bottom, that18 is Citation Number 1, Item Number 1.19 Do you remember reading that citation?20 A. Yes.21 Q. When you read it, did you understand what it22 meant?23 A. When I read it first or right now?24 Q. Yes, when you read it at first.25 A. I did not.

Page 146

1 Q. Okay. You understand it now? 2 A. Sure. 3 Q. When you read it the first time, did you agree 4 with it? 5 A. I disagreed with it. 6 Q. What about it did you disagree with? 7 A. The fixed object. 8 Q. Why did you disagree with the fixed object? 9 A. There was no fixed object.10 Q. The sideloader in your mind is not a fixed11 object?12 A. Correct, and the scissor lift is not a fixed13 object.14 Q. Excuse me. The scissor lift. That's what I15 meant.16 A. Okay.17 Q. The scissor lift was not a fixed object?18 A. Correct.19 Q. Why was that? Why do you feel that way?20 A. It's a movable object.21 Q. Do you believe it was moving at the time this22 incident occurred?23 A. I don't know.24 Q. If it was stopped standing still at the time this25 incident occurred, would you then feel it was a

Page 147

1 fixed object? 2 MR. GUICE: Objection. 3 A. I don't know. I don't think so. 4 Q. So anything capable of being moved, anything 5 that's not bolted to the ground you would say is 6 not a fixed object? 7 MR. GUICE: Objection. 8 Go ahead. 9 A. It depends on what it is.10 Q. Did you discuss this citation with headquarters?11 A. I believe so.12 Q. What was the company's response to this citation?13 MR. GUICE: Objection.14 A. I didn't see the actual response, so I can't15 really say exactly.16 Q. Is it your belief that they fought this or that17 they paid it? I should say accepted it, fought18 it or accepted it.19 A. They accepted it -- they fought it at first and20 then it was just accepted.21 Q. The second sentence of this violation reads,22 Inside the warehouse section of the facility, the23 employer did not prevent a sideloader from24 entering a narrow aisleway that was already25 occupied by an employee thus creating a

Page 148

1 caught-between hazard. 2 Do you agree with that sentence? 3 MR. GUICE: Objection. 4 You can answer if you have an 5 opinion. 6 A. I disagree with that. 7 Q. All right. What part of that sentence do you 8 disagree with? 9 MR. GUICE: Objection.10 You can answer if you have an11 opinion.12 A. Because of our policy saying, you know, telling13 the sideloader operator that I'll be working down14 this aisle.15 Q. Okay. So because of that unwritten policy, you16 believe that does not comport with this portion17 of the sentence that says, The employer did not18 prevent a sideloader from entering a narrow19 aisleway?20 MR. GUICE: Objection.21 Go ahead.22 A. Sure.23 Q. Okay. Any other portion of this sentence that24 you disagree with?25 MR. GUICE: Objection.




Page 149

1 A. A caught-between hazard. 2 Q. Okay. What about that do you disagree with? 3 MR. GUICE: Objection. 4 A. Because the scissor lift was not at the end of 5 the aisle. It was in the middle of the aisle. 6 It's a movable object in my mind. There is also 7 a space between the racks you can get through, so 8 it wasn't necessarily a caught-between hazard. 9 It may be in that area. I don't know.10 Q. Okay.11 A. That's my opinion.12 Q. Okay. When you say there was space between the13 racks to maybe get through, what do you mean by14 that?15 A. For a pedestrian to get through.16 Q. Okay. What do you mean, to go from one aisle to17 the next aisle?18 A. Sure.19 Q. You would agree with me that that depends on the20 material that is on those racks?21 A. Sure.22 Q. So unless you happen to be in an area where23 there's small material or no material on a rack,24 you're not going to be able to get between those25 racks, would you agree?

Page 150

1 MR. GUICE: Objection. 2 Speculation. 3 A. I don't know that. 4 Q. Well, we talked quite a few hours ago about the 5 narrowness of these bar rack aisles and that 6 there's only six to eight inches approximately of 7 space between the sideloader and the rack. You 8 don't believe that six to eight inches is enough 9 for a human to get between, correct?10 MR. GUICE: Objection.11 A. I don't know that. It might be.12 Q. So you feel that because there is six to eight13 inches between a sideloader if it's all the way14 to one side of the aisle and the racks on the15 other side of the aisle, that is one of the16 factors that you feel means that it was not a17 caught-between hazard?18 MR. GUICE: Objection.19 Go ahead.20 A. It may be one of the factors.21 Q. Okay. And another factor you feel as to why this22 wouldn't be a caught-between hazard is because23 there may coincidentally be a rack that doesn't24 have a lot of material or sizable material on it25 in that immediate area where a person could

Page 151

1 squeeze in there momentarily as the sideloader 2 passes? 3 MR. GUICE: Objection. 4 Go ahead. 5 A. It could be. 6 Q. That would be another factor you feel this 7 caught-between hazard doesn't apply, correct? 8 A. Could be. 9 Q. Okay. I'm not asking if it could be. You're the10 one who is using the term that it's not a11 caught-between hazard, so I'm trying to12 understand the parameters of why you feel that13 way and that's one of those parameters, correct?14 MR. GUICE: Objection.15 A. Again, it depends on the material in the rack.16 Q. Right. Exactly my point. And the third and17 final factor why you feel this doesn't qualify or18 why it doesn't qualify as a caught-between hazard19 is because the sideloader itself, regardless of20 if it's stationary at the time, is capable of21 moving?22 MR. GUICE: Objection. That's not23 what he testified to.24 Q. Excuse me. The scissor lift.25 A. Sure. It could be.

Page 152

1 Q. Any other factors or circumstances that in your 2 mind make this not a caught-between hazard? 3 A. I don't believe so. 4 Q. And getting back to the earlier part of that 5 sentence where you took issue with the fact that 6 it says, The employer did not prevent a 7 sideloader from entering a narrow aisleway, you 8 say this unwritten policy that the company had 9 makes you take issue with that portion of the10 sentence, correct?11 MR. GUICE: Objection.12 Go ahead.13 A. Sure.14 Q. Any other reason that you take issue with that15 portion of the sentence?16 A. Other than the fact that George -- or a17 sideloader can still go down the aisle and not go18 all the way down the aisle. I mean, there's no19 policy or anything that says you can't go down20 the aisle if someone is down there.21 Q. Well, you would agree with me that this unwritten22 policy you have requires employee adherence to23 that policy, correct?24 MR. GUICE: Objection.25 Q. What I mean by that is you would agree with me




Page 153

1 that employees are human and employees 2 occasionally forget what they are told and don't 3 always follow their instructions, correct? 4 MR. GUICE: Objection. 5 Speculation. 6 A. Yeah. I don't know. I don't know if they 7 forgot. I don't know what his -- 8 Q. I'm not asking whether George forgot. I'm asking 9 in general. You've been a supervisor and a plant10 manager for a number of years now. In your11 experience, you know that employees do not always12 follow their instruction and training, correct?13 A. They might not.14 MR. GUICE: Objection.15 Q. And sometimes they don't follow it purposely and16 other times they don't follow it accidentally,17 correct?18 MR. GUICE: Objection.19 Speculation.20 A. Yeah. I don't know. I don't know.21 Q. You really don't know that answer?22 MR. GUICE: Objection.23 A. I do not know that answer.24 Q. Okay. You would agree with me that a policy25 requiring the placement of a cone or one of these

Page 154

1 expandable gates at the end of the aisle where an 2 employee is on foot down the aisle for an 3 extended period of time provides a better means 4 of reminding and warning a sideloader operator of 5 their presence down there, correct? 6 MR. GUICE: Objection. 7 You can answer if you have an 8 opinion. 9 A. I don't think so. I don't believe so.10 Q. Why not?11 A. You're asking me if a cone would prevent a12 sideloader from going down an aisle?13 Q. No. That was not my question. My question was14 you would agree that placing a cone at the end of15 the aisle would provide a better reminder and a16 better warning or indicator to a sideloader17 operator that someone is down that aisle?18 MR. GUICE: Objection. Compared19 to what?20 A. I don't know. I don't know.21 Q. Would you agree with me that placing one of these22 expandable gates at the end of an aisle would23 give a sideloader operator a better opportunity24 to remember or be aware that a pedestrian is down25 that aisle?

Page 155

1 MR. GUICE: Objection. 2 Speculation. 3 A. I don't know. 4 Q. You think that this unwritten policy that you 5 claim was in existence of merely having someone 6 mention to a sideloader operator that they're 7 going to be down an aisle is just as effective at 8 reminding the sideloader operator of their 9 presence as a method of placing a cone or an10 expandable gate at the end of the aisle?11 MR. GUICE: Objection.12 You can answer if you have an13 opinion.14 A. Can you rephrase that.15 Q. Do you believe that having an unwritten policy of16 merely having an employee mention to a sideloader17 operator that they're going to be down an aisle18 is just as effective at reminding or informing or19 notifying that sideloader operator of their20 presence down that aisle as compared to a method21 where a cone is placed at the end of an aisle or22 an expandable gate is placed at the end of an23 aisle?24 MR. GUICE: Objection.25 A. You're asking me to guess on something that I

Page 156

1 don't know. I don't know. I don't know if a 2 gate is better or not. 3 Q. You don't know which would be more effective at 4 reminding a sideloader operator? 5 MR. GUICE: Objection. 6 A. No. 7 Q. Was this sideloader inspected by anyone after 8 this incident? 9 A. Define after this incident.10 Q. Well, in relation to this incident occurring.11 MR. GUICE: Objection.12 A. I believe so, but define the time frame is what13 I'm asking I guess.14 Q. Okay. Fine. Within two months of this incident?15 A. I believe so.16 Q. Okay. Who do you believe inspected it within17 that time frame?18 A. It would be somebody from Andersen.19 Q. And what if any findings did Andersen have?20 MR. GUICE: Objection.21 Go ahead.22 A. I don't know. I don't know offhand.23 Q. What if any work or maintenance or repairs were24 performed to it during that time frame?25 MR. GUICE: Objection.




Page 157

1 Go ahead. 2 A. I don't know. I would have to look that up. 3 Q. If there was any such maintenance, repairs or 4 work performed to the sideloader in that time 5 frame, would they all have been done by Andersen? 6 A. I would believe so. If it was mechanical, yes. 7 Q. What other type of work could possibly have been 8 done to it that wasn't mechanical and not done by 9 Andersen?10 MR. GUICE: Objection.11 A. It could be painted. It could be cleaned.12 That's about really it.13 Q. Was anyone disciplined as a result of this14 incident?15 A. George was.16 Q. Anyone besides George?17 A. As far as I know, it was just George.18 Q. Whose decision was it to discipline George?19 A. It was my decision to discipline George.20 However, there were a number of -- Randy Pacelli21 wanted input on it as to what we should do, and22 corporate I think -- I don't know this for a23 fact. They may have wanted to know what we were24 going to do.25 Q. Was it your idea that George be disciplined, or

Page 158

1 in a discussion with others, was it decided that 2 he should be disciplined and you went along with 3 it? 4 A. No. It was -- he was going to be disciplined. I 5 mean, whether or not I was the one that came up 6 with it and said, We have to discipline him, I 7 don't know that for a fact, but I was the one 8 that said, This is what I want to do. 9 Q. Why did you want to discipline him?10 A. For causing injury to another employee.11 Q. Was the severity of this injury part of the12 reason why you felt a discipline was necessary?13 A. Sure.14 Q. So that if this incident had occurred, but no one15 had been injured in it, would you have still16 wanted to discipline George?17 MR. GUICE: Objection.18 A. I don't know that.19 Q. Earlier you testified that George did not violate20 any policy or procedure, and if that's the case,21 then why did you feel that he should be22 disciplined?23 A. Because he injured another employee.24 Q. Is that the reason you told George that he was25 being disciplined?

Page 159

1 A. I can't remember what the write-up exactly said. 2 Q. Was there a telephone call that you participated 3 in where George was advised he was being 4 disciplined? 5 A. Yes. 6 Q. Did George ever indicate to you either in that 7 phone call or at some later time that he 8 disagreed with the fact that he was being 9 disciplined for this?10 A. He could have.11 Q. Did you hear from either George directly or from12 someone else that George felt he shouldn't be13 disciplined for this?14 A. Yes.15 Q. What was your understanding as to why George felt16 that way?17 A. He felt that he didn't do anything wrong.18 Q. And other than the fact that someone was injured19 in this incident, what do you feel he did wrong?20 MR. GUICE: Objection.21 Go ahead.22 A. I don't exactly remember what we wrote on his23 discipline, so I don't want to speculate what I24 might have or might not have said.25 Q. So if you felt he did something wrong or there

Page 160

1 was something else wrong that he did besides 2 injuring some people, you believe that was 3 written down on his discipline? 4 A. It could have been. 5 Q. Where is that discipline record? Is it in 6 George's file or is it maintained someplace else? 7 A. It should be in his file. 8 Q. Is there a copy of it anywhere else? 9 A. There may be a copy sent to corporate.10 Q. How was he disciplined? What was the discipline11 handed down?12 A. It was a suspension without pay.13 Q. For how many days?14 A. I believe it was three days.15 Q. Was that effective immediately or was it going to16 be put into effect at some point in the future?17 A. I don't recall. He may have returned to work for18 a day, but I don't recall.19 Q. Was it initially longer than three days and20 through some disputing, it got reduced to three21 days?22 A. It could have been. I don't remember the exact23 days.24 Q. Anything other than suspension without pay as25 part of his discipline?




Page 161

1 A. No. 2 Q. Was Bruce disciplined at all? 3 A. No. 4 Q. Did you want to discipline Bruce for anything? 5 A. Did I want to? 6 Q. Yes. 7 A. No. 8 Q. Did you feel Bruce should be disciplined for 9 anything?10 A. He could have.11 Q. I asked if you felt he should have been12 disciplined for anything?13 A. No.14 Q. Is there something you think he could have been15 disciplined for had you wanted to?16 A. Sure.17 Q. What is that?18 A. I can't recall. There was something, but I can't19 recall what it was at the time.20 Q. Well --21 A. But it wasn't some extreme discipline.22 Q. Was there something that you believe Bruce did23 that violated company policy or procedure?24 A. Maybe a safety regulation. I don't remember. I25 don't remember what it was. I remember this

Page 162

1 shortly afterward, you know, did Bruce do 2 something wrong in my mind when I was questioning 3 this whole thing. 4 Q. Okay. I appreciate that maybe that thought came 5 into your mind. I guess my question is though 6 was your conclusion that he actually did violate 7 some policy or procedure? 8 A. He could have. I don't remember that. 9 Q. Okay. As you sit here today, you don't know of10 any policy or procedure that he violated that led11 to this event?12 A. I don't know.13 Q. Okay.14 - - - -15 (Thereupon, Plaintiff's Exhibit 9, Forklift16 Handling Safety in Dangerous Situations17 Handbook, was marked for purposes of18 identification.)19 - - - -20 Q. Handing you what I just marked as Exhibit 9, can21 you tell me what this document is? Do you know22 what this document is?23 MR. GUICE: Objection.24 A. I don't recall ever seeing this document.25 Q. Do you know whether this document is something

Page 163

1 that's maintained at ThyssenKrupp or from your 2 record? 3 A. I don't know. 4 Q. Do you know whether this document is one of the 5 training aids at ThyssenKrupp? 6 A. In Cleveland? 7 Q. Yes. 8 A. Not to my knowledge. 9 Q. Okay. Have you ever provided any training to10 employees in sideloader operations?11 A. Can you rephrase that. Have I conducted12 training?13 Q. Correct.14 A. No.15 Q. I presume that by your request for clarification16 of my question, you mean you may have told17 employees, Hey, go get this training, or, Go18 watch this video, or what have you. That's not19 what I'm asking. I'm asking you if you actually20 were the one providing or conducting any of that21 training yourself?22 A. No, I have not.23 Q. Okay. Can you indicate to me on Exhibit 124 approximately where a rack designated B17-A-0325 would be located.

Page 164

1 A. B17-A -- 2 Q. -03. 3 MR. GUICE: If you can. 4 MR. GRANT: Which is what I asked 5 him in my question, if he can. 6 A. No, I cannot. 7 Q. What about that rack location makes it difficult 8 for you to indicate it on Exhibit 1? 9 A. The height. The actual location doesn't sound --10 B17 I don't believe exists, but I don't know11 that.12 Q. Well, I'm going off of written discovery13 responses that your attorney provided to me. It14 wasn't a number I pulled out of thin air.15 A. Okay.16 Q. So you don't believe B17 exists?17 A. I don't know that.18 Q. Okay. You assisted your attorney in preparing19 these discovery responses, is that correct?20 MR. GUICE: Objection.21 Attorney/client privilege.22 You don't have to answer that.23 MR. GRANT: I don't think that's24 attorney/client privilege at all when it's25 a discovery response.




Page 165

1 Q. Did you review the discovery responses, the 2 written discovery responses before they were sent 3 to me? 4 MR. GUICE: Objection. 5 You don't have to answer that 6 either. 7 MR. GRANT: You're instructing him 8 not to answer or telling him it's a choice? 9 MR. GUICE: I'm telling him he10 doesn't have to answer that. It's11 attorney/client privilege and work product.12 MR. GRANT: It absolutely is not.13 MR. GUICE: That's your opinion.14 MR. GRANT: If I choose to take it15 to the judge, I know you will lose that16 question.17 Since whoever prepared this18 obviously does not know what the correct19 location is, I guess it's not going to do20 me any good to bother Mr. Matras to address21 that.22 Q. Who is Bill Bogucki?23 A. Bill Bogucki?24 Q. Sure.25 A. Sorry. He's an employee.

Page 166

1 Q. What is his position or title? 2 A. General warehouse. 3 Q. Did he assist in the investigation, the inhouse 4 investigation of this incident? 5 A. Not to my knowledge. 6 MR. GRANT: Let's take a 7 fine-minute break. 8 - - - - 9 (Thereupon, a discussion was had off the10 record.)11 - - - -12 Q. Just a couple more questions.13 Did you care or did it matter to you where14 Bruce started and stopped his labeling work?15 A. As long as he let us know where he was -- as long16 as he let us know where he was finishing or17 starting.18 Q. How would he go about letting you know where he19 was finishing or starting or stopping?20 A. He would just let Jared know, I did these21 sections here.22 Q. Okay. Do you know how the labels were provided23 to Bruce?24 A. I think we printed them all off prior.25 Q. I haven't seen these labels. Are they like a

Page 167

1 sticky back that just gets peeled off and slapped 2 on something? 3 A. Yes. 4 Q. So was he given like a grouping of like normal 5 eight-and-a-half by eleven sheets of paper? 6 A. No. These were more like approximately four by 7 six. 8 Q. Did each sheet have one label on it or did each 9 sheet have multiple labels on it?10 A. One label.11 Q. You said that the material would be relabeled and12 the rack itself was going to be relabeled,13 correct?14 A. Yes.15 Q. Okay. So how many labels go on each rack, just16 one new label, or does each rack get labeled in a17 couple of places?18 A. I believe we just put one label for the rack on19 each rack.20 Q. And depending how much material was inside that21 particular rack would depend on how many labels22 have to be stuck on those, correct?23 A. Correct.24 Q. Because there could be some loose material in25 there and there could be some bound material in

Page 168

1 there? 2 A. Correct. 3 Q. Okay. Who was it that printed off the labels? 4 A. I don't know. 5 Q. What order or sequence were the labels printed 6 off in? 7 A. Again, I don't know. 8 Q. How was it determined how many labels would have 9 to be printed off for the material in each rack?10 A. It just depended on how many labels were in that11 rack. I'm not exactly clear on your question,12 but I believe if you're saying there was three13 different labels in the rack currently, then you14 would need three labels to replace them.15 Q. Fair enough. So do I understand that this16 program that printed off the new labels was17 somehow keyed into your old inventory system so18 that it knew how many material labels to print19 off for a given rack?20 A. I believe so.21 Q. Okay. So it wasn't a case where somebody had to22 go out to an aisle and go, Okay, in this rack,23 I'm going to need five labels, and in this rack,24 I'm going to need three material labels, and in25 this rack I'm going to need two material labels,




Page 169

1 and go back and order up just that number? 2 A. I don't know that for a fact. I can't remember 3 exactly how that label process went, if we had 4 printed everything off or if we printed it 5 according to rack. I don't remember. 6 Q. So when Bruce was doing this job, he would have 7 been given a stack of these, I think you said 8 four by six label sheets? 9 A. I believe so.10 Q. And he would have to be working through there as11 he's doing his job?12 A. Correct.13 Q. And the way that those labels were printed out,14 it was in sequential order, correct?15 A. I'm not sure how they printed off, if they went16 by rack location or -- because it's different17 type of materiel, so it wouldn't print them off18 in sequential order. I don't know how they would19 print off. I can't answer that.20 Q. I was asking you earlier before the break about21 comparing the old policy, the old unwritten22 policy where employees would just mention to a23 sideloader that they're going to be down an aisle24 versus the new policy implemented after Bruce's25 incident where now pedestrians down the aisle

Page 170

1 would be wearing vests and a gate would be placed 2 at the end of the aisle, and I asked you to 3 compare if the second method was more effective 4 and you refused to give me that comparison. 5 MR. GUICE: Objection. 6 Q. If you don't feel or didn't feel that this new 7 policy was more effective, then why was it 8 implemented? 9 MR. GUICE: Objection.10 You can answer.11 A. You always want to improve process, safety12 guidelines. You always want to improve your13 plant and we felt that, you know, we haven't had14 an incident in fifty plus years and this had15 happened, maybe this is something we may want to16 try to do.17 Q. Okay.18 A. We don't know if it's better. We don't know19 that.20 Q. Even today as you sit here, you still don't know21 if this new procedure is a better or more22 effective procedure than the old unwritten23 policy?24 A. I would probably have to wait fifty plus years25 and say I think it was.

Page 171

1 Q. That's the only way you would gauge whether this 2 new policy is more effective? 3 MR. GUICE: Objection. 4 Go ahead. 5 A. Probably one of the ways. 6 Q. What other way? 7 A. That would probably be the only way. 8 Q. This new procedure was put into writing as well, 9 correct?10 A. Yes.11 Q. Did you put it into writing?12 A. I signed off on it. I'm not sure if I came up13 with the verbiage for it or not. I'm pretty sure14 I did.15 Q. You're pretty sure you did?16 A. Yes.17 Q. Did you run the verbiage by anyone else before18 you signed it?19 A. I believe I ran it by Dick Switzer and the20 supervisors at the time.21 Q. Did you run it by anyone outside of the Cleveland22 plant?23 A. Not that I'm aware of.24 Q. Have you ever discussed this incident or this new25 policy with anyone outside of the Cleveland plant

Page 172

1 to see how this situation is handled at other 2 locations? 3 MR. GUICE: Objection. 4 Go ahead. 5 A. I don't recall. 6 Q. At any time after this incident occurred, did you 7 discuss it with anyone outside of the Cleveland 8 plant to see how they address or what policies 9 and procedures they had in place concerning this10 situation?11 MR. GUICE: Objection.12 Go ahead.13 A. I don't recall.14 Q. Did you share a copy of this new written15 procedure with anyone outside of the Cleveland16 plant to see if they wanted to implement it17 company wide?18 MR. GUICE: Objection.19 Go ahead.20 A. I don't remember sending anything out like that.21 That's not to say that that didn't happen.22 Q. Did you discuss this new procedure with anyone23 outside of the Cleveland plant and recommend that24 they look into implementing this company wide?25 MR. GUICE: Objection.




Page 173

1 Go ahead. 2 A. I don't recall. 3 Q. As you sit here, do you know if any such similar 4 or exact same policy has been implemented company 5 wide? 6 MR. GUICE: Objection. 7 Go ahead. 8 A. I don't know that. 9 Q. Showing you what's previously been marked as10 Exhibit 6, is this a copy of the new what's11 titled Aisle Policy that we were just talking12 about that you prepared and you put your name on?13 A. It looks to be the same.14 Q. This one is dated December, 2008. Is that about15 the time that you wrote this?16 A. That's approximate.17 Q. And we see a number of signatures on this page.18 Did you post this or circulate this somewhere19 with the request or instruction for employees to20 sign it?21 A. The foremen, the supervisors did, yes, at my22 request.23 Q. Okay. Was it also posted in a particular break24 room?25 A. Yes.

Page 174

1 Q. Was a copy of this signed by the employees on 2 each different shift, for instance, was there a 3 copy for first shift, a copy for second shift, a 4 copy for third shift? 5 A. I believe so. 6 Q. Looking at the signatures on Exhibit 6, can you 7 tell me, can you make out any of the signatures 8 and tell me if this is the first or second or 9 third-shift page?10 A. This looks to be the first-shift page.11 Q. So there is a second and a third-shift page that12 should exist as well?13 A. I believe so.14 Q. I'm going to ask you to provide a copy of those15 to your counsel so he can get them to me.16 In this Exhibit 6 that you prepared, I see at17 the bottom you talk about a safety mirror that18 was installed next to rack B17-A-03. When I was19 asking you about that designation earlier, you20 said you didn't know where that was. You put it21 in this document, so do you now know where that22 is?23 A. I think so.24 Q. Okay. Where do you believe that is in relation25 to what we saw on Exhibit 1?

Page 175

1 A. I don't see the racks here, but it would be in 2 here. 3 Q. Okay. 4 MR. GRANT: Off the record a 5 second. 6 - - - - 7 (Thereupon, a discussion was had off the 8 record.) 9 - - - -10 (Thereupon, Plaintiff's Exhibit 10, Warehouse11 Evacuation Routes Diagram, was marked for12 purposes of identification.)13 - - - -14 Q. I'm handing you what I marked as Exhibit Number15 10. This was previously also marked as16 Exhibit 1.17 On this copy can you indicate for me with an18 X the approximate area where this safety mirror19 was installed.20 Okay. And whose idea was it to install a21 safety mirror there?22 A. I don't know. I don't know whose it was.23 Q. What view is enhanced by placing this safety24 mirror there?25 A. I don't know.

Page 176

1 Q. Is that safety mirror in place at that location 2 to enhance the view of the sideloader operator or 3 a machine operator or someone else? 4 A. I would imagine it would be the area, just the 5 area here. 6 Q. Okay. The general area out at the end of these 7 racks? 8 A. I imagine so. 9 Q. Okay.10 A. I don't know that for a fact.11 Q. Do you know if that mirror location is there so12 that it gives the sideloader operator a better13 view as he is coming out of a particular aisle or14 going into a particular aisle?15 A. I don't know. I don't know if it does or not.16 Q. So it's safe to say it wasn't your idea or17 decision to put a safety mirror there, it was18 someone else's, but you approved it?19 A. Sure.20 Q. Before this incident occurred, you knew that it21 was important to make sure that a sideloader22 didn't hit a pedestrian, correct?23 MR. GUICE: Objection.24 Go ahead.25 A. Can you rephrase.




Page 177

1 Q. Sure. Before this incident occurred, even before 2 this incident occurred, you knew that it was 3 important to make sure a sideloader did not run 4 into a pedestrian, correct? 5 MR. GUICE: Objection. 6 Go ahead. 7 A. Will you say that one more time. 8 Q. Sure. Before October, 2008, you did know that it 9 was important to make sure a sideloader did not10 run into a pedestrian?11 MR. GUICE: Objection.12 A. I speculate I did. I don't know.13 Q. Well, wouldn't you agree that that's kind of14 common sense that you didn't need this event to15 occur to make you aware that a sideloader should16 not be running into a pedestrian?17 MR. GUICE: Objection.18 Go ahead.19 A. Again, I would be guessing. I don't know how to20 answer that.21 Q. You didn't need this incident to tell you that it22 was dangerous for a sideloader to run into a23 person, correct?24 MR. GUICE: Objection.25 A. Again, I really don't know how to answer that.

Page 178

1 Q. Well, before this incident, did you know that it 2 was dangerous for a sideloader to run into a 3 pedestrian? 4 MR. GUICE: Objection. 5 A. I don't know that. 6 Q. Before this incident, did you believe that it was 7 safe for a sideloader to run into a pedestrian? 8 MR. GUICE: Objection. 9 Go ahead.10 A. I don't know that.11 Q. Do you believe that you needed some specialized12 knowledge or training before this incident to13 realize that it would be dangerous for a14 sideloader to run into a pedestrian?15 MR. GUICE: Objection.16 Go ahead.17 A. I don't know that I would.18 Q. Well, what sort of experience, training,19 education or knowledge would you have needed20 before this incident to give you the21 understanding that it would be dangerous for a22 sideloader to run into a pedestrian?23 MR. GUICE: Objection.24 Go ahead.25 A. If I didn't know I needed this instruction, I

Page 179

1 don't know what I would need then. 2 Q. As you sit here, do you believe it's dangerous 3 for a sideloader to run into a pedestrian? 4 MR. GUICE: Objection. 5 Go ahead. 6 A. I don't know that. I can't answer that. 7 Q. Okay. Well, do you believe that it was dangerous 8 for a sideloader to run into Bruce Houdek? 9 MR. GUICE: Objection.10 Go ahead.11 A. You're saying the same question and I'm going to12 say I don't know. I don't know that.13 Q. As you sit here today, do you think it was safe14 for the sideloader to run into Bruce Houdek?15 MR. GUICE: Objection. Asked and16 answered.17 A. I don't know that.18 Q. Are you aware of what Bruce's injuries were?19 MR. GUICE: Objection.20 Go ahead.21 A. Some of them.22 Q. What is your general understanding of his23 injuries?24 MR. GUICE: Objection.25 Go ahead.

Page 180

1 A. He shattered his foot, crushed his foot, had some 2 hip problems as well. 3 Q. Serious leg injuries? 4 MR. GUICE: Objection. 5 Go ahead. 6 A. I guess. 7 Q. And given that injury, you still are unable to 8 tell me whether you think even today a sideloader 9 running into a pedestrian is safe or dangerous?10 MR. GUICE: Objection. Asked and11 answered.12 A. I can't answer that.13 Q. How long was Bruce in the hospital?14 A. I don't know.15 MR. GUICE: Objection.16 Q. Those are all the questions I have for you.17 MR. GUICE: You have the right to18 read your transcript after it's typed up to19 make sure everything was taken down20 correctly. I would recommend that you go21 ahead and read your transcript. You've got22 to tell her what you want to do meaning you23 tell her that you want to waive your right24 or that you want to read the transcript.25 THE WITNESS: I would like to read




Page 181

1 the transcript. 2 3 _________________________ JOSEPH MATRAS 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 182

1 2 3 C E R T I F I C A T E 4 The State of Ohio, ) SS: 5 County of Cuyahoga.) 6 7 I, Margaret A. Trombetta, a Notary Public within and for the State of Ohio, authorized to 8 administer oaths and to take and certify depositions, do hereby certify that the 9 above-named witness was by me, before the giving of their deposition, first duly sworn to testify10 the truth, the whole truth, and nothing but the truth; that the deposition as above-set forth was11 reduced to writing by me by means of stenotypy, and was later transcribed into typewriting under12 my direction; that this is a true record of the testimony given by the witness; that said13 deposition was taken at the aforementioned time, date and place, pursuant to notice or14 stipulations of counsel; that I am not a relative or employee or attorney of any of the parties, or15 a relative or employee of such attorney or financially interested in this action; that I am16 not, nor is the court reporting firm with which I am affiliated, under a contract as defined in17 Civil Rule 28(D). 18 IN WITNESS WHEREOF, I have hereunto set my hand and seal of office, at Cleveland, Ohio, this19 ____ day of ____________, A.D. 20 ___. 20 21 ______________________________________________ Margaret A. Trombetta, Notary Public22 State of Ohio 1750 Midland Building, Cleveland, Ohio 4411523 My commission expires May 23, 2012 24 25




$

$2,500 (2) 28:13;126:22

0

03 (1) 164:20421 (1) 54:200428 (1) 54:2009 (1) 30:12

1

1 (14) 23:15;30:24; 39:15;52:5;53:3; 63:4,9;65:19;145:18, 18;163:23;164:8; 174:25;175:1610 (2) 175:10,1510:00 (1) 101:2511:00 (1) 15:2414 (1) 76:1217 (1) 142:141984 (1) 7:131985 (1) 8:41986 (1) 8:111993 (5) 6:25;7:13;10:22; 12:21;32:201997 (5) 13:8,13;32:20,21; 49:5

2

2 (15) 52:5;53:3;54:9,10, 23;55:1,20,23,25; 56:8,13,18;141:19, 25;142:222,500 (1) 57:22:00 (1) 88:112:30 (1) 88:820 (1) 29:17

2007 (4) 14:13,18,19;19:82008 (17) 14:12;19:8;20:2; 26:3;34:22;38:20; 65:10;71:22,25;72:2; 76:12;128:14;135:9, 14;142:14;173:14; 177:824 (1) 33:1924-foot (1) 33:2225 (2) 31:22;93:19

3

3 (3) 107:16,25;141:435 (1) 97:1937 (1) 102:4

4

40 (1) 31:2544253 (1) 6:8

5

5 (2) 145:17,1750 (1) 29:13

6

6 (3) 173:10;174:6,166:00 (2) 20:8;88:11

7

7 (2) 54:15,197:00 (5) 15:24;18:18,20,21; 20:875 (1) 29:13

8

8 (2) 145:7,1380 (1) 29:188th (3)

71:22;74:1,2

9

9 (2) 162:15,209:00 (1) 101:249:30 (1) 101:2193 (1) 13:1095 (1) 6:1097 (3) 13:11;24:24;25:19727 (1) 6:7

A

A/B (1) 61:17AA (1) 31:5able (14) 11:12,17;18:12; 25:24;37:21;44:24; 80:7,11,12;82:23; 84:12;94:17;129:8; 149:24absolutely (1) 165:12accept (1) 43:24accepted (4) 147:17,18,19,20accident (3) 35:8;65:16,17accidentally (2) 6:2;153:16accommodate (1) 46:13accomplished (1) 60:9accordance (2) 129:10,11according (4) 53:1;108:6; 130:11;169:5accordion-style (1) 126:1accordion-type (1) 124:7accurate (2) 5:12,20action (2) 43:6;141:25activate (4) 64:15,23;112:21, 24activating (1) 65:7

actual (3) 58:14;147:14; 164:9actually (17) 5:14;28:19;29:5; 31:13;32:11,13; 36:10;39:6;51:14; 69:16;89:1,6;104:11; 136:2;144:25;162:6; 163:19add (5) 36:4,4,14,16;41:7added (14) 32:19;33:1,22; 34:3,10;35:13;37:2; 38:2,12,13,22,24; 39:2;73:13adding (2) 36:1,24addition (2) 34:15,16additional (6) 34:10,16;35:13; 40:14;41:8,13additions (1) 35:17address (5) 6:6;57:6,7;165:20; 172:8adherence (1) 152:22Administration (1) 145:9advance (1) 71:24advise (2) 99:2;133:12advised (1) 159:3advising (1) 98:8affect (1) 107:22afternoon (1) 88:9afterward (2) 124:16;162:1Again (21) 25:2;26:7;40:9; 55:9;58:16;59:3; 69:9;80:1;88:10,23, 24,25;89:1;104:20; 114:5;126:6;134:15; 151:15;168:7; 177:19,25against (2) 48:1,2age (1) 4:1ago (7) 30:13;61:1;121:1, 1,2;138:25;150:4agree (23)

41:6,11;45:6; 83:14;95:2;113:4; 121:23;122:3;123:3; 124:17;132:2,12; 133:3;146:3;148:2; 149:19,25;152:21, 25;153:24;154:14, 21;177:13ahead (77) 21:15;54:12; 55:14;56:16;66:16; 76:10;78:13;79:1,11, 17,21;80:17;85:3; 86:25;87:6,10,22; 94:20,25;95:21;96:9, 15;98:16,25;99:5,9; 105:22;109:6;115:9, 25;116:4;118:24; 119:14;121:21; 122:2,21;123:21; 124:3;128:10; 130:22;131:3; 134:14;135:6,12,18, 25;136:8,21;137:2,8; 143:21;147:8; 148:21;150:19; 151:4;152:12; 156:21;157:1; 159:21;171:4;172:4, 12,19;173:1,7; 176:24;177:6,18; 178:9,16,24;179:5, 10,20,25;180:5,21aid (2) 12:15;50:24aids (1) 163:5air (1) 164:14aisle (107) 33:8,9;40:7;43:22; 45:5,6,7,11,12,13,16, 17,19;46:1,3,9,11; 48:1,2,4;61:9,16,17, 18;63:8;64:14,16,16, 22;65:6;67:10,11,11; 68:14,17,21;69:2,5, 14,19,25;70:2,6; 96:6;103:11,17,20, 24;104:1,3,4,12,16, 18;105:5;108:4,4,11; 112:24;113:10; 114:23,24;115:6,14, 15,22,23;118:13; 119:12,18,21;120:1; 123:11,17,24;124:8; 127:16;148:14; 149:5,5,16,17; 150:14,15;152:17, 18,20;154:1,2,12,15, 17,22,25;155:7,10, 17,20,21,23;168:22; 169:23,25;170:2;

Min-U-Script® Mehler & Hagestrom (1) $2,500 - aisle



173:11;176:13,14aisles (24) 31:8,9,11,12,16, 16;33:2;34:9;40:6; 45:8;46:5,9,16,20, 23;47:8,9,15;62:21; 91:15,19,25;92:4; 150:5aisleway (5) 46:6;113:5; 147:24;148:19;152:7aisleways (1) 113:3alert (1) 121:5allow (1) 33:13almost (2) 6:10;104:11along (7) 9:5,18;33:24;79:8, 12;97:8;158:2always (9) 7:1;24:9;32:5; 50:13;60:11;153:3, 11;170:11,12American (1) 138:5amount (5) 46:15,19,22;80:14; 85:24and/or (2) 85:6,20Andersen (13) 48:17,19;51:24; 52:1;53:10,21;54:1, 16;58:20;156:18,19; 157:5,9answered (4) 95:16;126:9; 179:16;180:11appears (4) 24:2;31:15;53:22; 142:2applicable (2) 134:2;135:3applied (1) 135:9applies (1) 128:2apply (4) 10:9;134:18,24; 151:7appreciate (4) 97:19;122:25; 136:14;162:4approval (2) 28:14;127:1approved (1) 176:18approximate (4) 33:22;127:5; 173:16;175:18

approximately (12) 13:7;31:22,25; 32:2,4;33:17,18,20; 93:21;150:6;163:24; 167:6area (58) 14:15;17:25,25; 23:12,19,23;31:9,24; 33:2;34:18,19,22; 35:3,13,20;39:15; 40:3,5,15,19;41:9; 44:6,21;45:12;46:6; 61:7,10,11,14,16,17, 18,20;62:23;63:5,12; 64:8,17,22;65:5,18; 82:16;89:18,19; 93:10;102:22;103:1, 5;111:24;112:20; 121:7;149:9,22; 150:25;175:18; 176:4,5,6areas (8) 17:21;35:6,10; 41:4;63:12,13;65:24; 112:8around (12) 29:18;33:8;39:6; 63:11;70:3;71:13; 88:5,8;96:5,5; 115:20;137:13arrive (1) 138:11arrived (1) 108:15aspect (1) 15:9aspects (2) 20:13,20assigned (2) 74:13;94:1assignment (1) 74:19assist (1) 166:3assisted (1) 164:18Associates (8) 48:18;51:25;52:2; 53:11,22;54:1,16; 58:20attached (2) 141:19;142:22attain (2) 8:17;9:9attend (7) 8:1,5;29:24; 116:22;117:15,20,23attended (1) 12:8attention (7) 63:20;100:16,19; 116:9,9,13,15attorney (2)

164:13,18Attorney/client (3) 164:21,24;165:11audible (1) 62:12August (4) 6:10;14:12,18,19authority (2) 37:21;128:6authorized (3) 17:11,16;100:20available (4) 49:12;76:25; 77:21;83:23Avenue (1) 7:2average (3) 29:9,10;30:18aware (30) 34:14;46:24;47:1; 49:19;53:20;58:24; 59:1,12,14;96:25; 97:1;111:1;112:7; 120:12;130:24; 131:21;133:5,11; 134:17,24;135:2,8, 14,21;136:3;137:5; 154:24;171:23; 177:15;179:18awareness (4) 100:4;111:25; 112:9;123:6away (4) 15:16,18;67:22; 99:14

B

B17 (2) 164:10,16B17-A (1) 164:1B17-A-03 (2) 163:24;174:18back (29) 5:16;12:20;14:21; 40:11;59:11;65:9; 72:3,4;81:3,12; 86:22;92:7,7;101:17, 19,20;102:8,21; 104:7;105:1;106:8; 107:5;108:15; 112:19;128:14; 141:2;152:4;167:1; 169:1ballpark (2) 88:10;93:16bar (50) 12:25;17:20,25; 31:3,4,9,11,16,21; 32:3,13,15,16,18; 33:1,2;34:9,18,19, 22;35:20;40:3,5,15,

19;41:4,8;45:7,12; 46:16,20,23;47:7; 61:7,11,16,18;62:25; 64:17,22;65:5;67:11; 80:10;89:18,24,24; 91:19;93:10;103:20; 150:5Barry (4) 14:2,7,12,15based (3) 7:2;75:12;78:21basically (3) 18:17;58:12;91:8basis (3) 51:6;52:2,15battery (2) 50:2;59:4bay (4) 39:19,20;44:6,20bearings (1) 109:15Beaver (2) 30:1,5became (3) 30:7;97:1;135:20become (3) 30:6,9;137:4becoming (2) 24:24;25:5began (1) 75:25begin (8) 5:22;6:1;74:3; 84:22;87:3,4;89:14, 18beginning (5) 50:5,6,16;116:17; 117:4belief (1) 147:16belonged (1) 137:15bend (2) 95:4,13bending (3) 80:19;84:2;95:7Benjamin (1) 4:10beside (1) 101:15besides (10) 7:18;28:5;39:23; 51:21;58:12;106:7; 114:10;123:8; 157:16;160:1Beskid (1) 16:17B-E-S-K-I-D (1) 16:18best (1) 105:11better (14) 15:5;45:7,10,11;

58:9;77:18;154:3,15, 16,23;156:2;170:18, 21;176:12bid (3) 17:18;24:16,19Bill (3) 59:25;165:22,23Biology (1) 8:13bit (2) 19:21;39:13blame (3) 109:24;110:10,25blank (1) 51:2Bogucki (2) 165:22,23bolted (1) 147:5books (2) 26:19;126:19both (4) 17:19,22;18:4; 48:13bother (1) 165:20bottom (3) 142:1;145:17; 174:17bought (2) 48:13,19bound (1) 167:25box (2) 23:18;141:25brakes (1) 50:3Branch (3) 22:9;27:20;28:19Brass (2) 6:15,16break (7) 11:22;70:9,12; 77:4;166:7;169:20; 173:23breakdown (1) 28:25breaking (1) 70:10brief (1) 116:18brightly (2) 124:1;125:12bring (4) 24:7;100:16,18; 116:8bringing (3) 22:23;69:10; 116:13brought (4) 37:10;116:14; 118:17,18Bruce (76)

Min-U-Script® Mehler & Hagestrom (2) aisles - Bruce



55:16;77:25;78:9, 11,15,20,24;79:4,8, 24;81:3,17;82:13; 83:1,5,6,11;84:1,8, 12;85:1,6,20;86:4,7, 11,18,21,22;87:2,13, 16,17,25;88:23;89:8, 11,14,17;90:1,10,15; 92:7,10,12,16,23; 93:4,22;94:1;96:25; 97:1;98:9,20;100:24; 101:4;105:15,24; 109:16;114:10; 115:18;120:4; 142:22,25;144:15; 161:2,4,8,22;162:1; 166:14,23;169:6; 179:8,14;180:13Bruce's (38) 38:20;49:3;54:8; 66:12;67:8;74:5,21, 22,24;75:2;76:5,16, 18;77:10,12;80:3; 81:11;97:12;98:1; 103:7;116:10; 117:20;119:10,18; 123:10,15,23;124:5, 13;125:5,13,17,23; 140:21;142:17; 143:10;169:24; 179:18building (4) 20:1;44:23,23; 113:13bulb (5) 60:8,10,13,13,19bulbs (6) 36:23;37:1;60:6, 15,20,21burned (1) 60:13burns (1) 60:9buy (2) 48:10,15buzzer (1) 62:11buzzers (1) 62:9

C

C/D (3) 43:22;45:5;61:16cabinet (3) 100:9;119:6,8call (18) 4:15;6:16;24:8; 33:15;52:3,4;98:5,7, 12;99:2,7;101:13,22; 108:21;116:24; 139:7;159:2,7called (6)

4:1;28:24;50:18; 71:3;104:7;140:1calling (1) 18:10Calls (7) 56:5;96:22;98:6; 101:14;128:23; 132:6;134:20came (13) 23:1;41:24;44:14; 78:4,9;83:4;84:9; 97:9;98:21;101:17; 158:5;162:4;171:12can (72) 6:4;10:5;18:16; 20:9;24:6,11;27:2; 29:9;38:3;42:9; 47:10;52:6;55:19,22; 56:17,18,19,19;58:9; 65:3;67:6;76:11; 77:24;82:11;84:19; 88:10;91:2,18,22,23; 96:16,16;99:20; 100:10;108:3;109:8; 111:7,9,18;112:4,5, 13;113:13;114:8; 115:1;119:15;132:8, 16,24;133:8,23; 134:6,15;143:17; 148:4,10;149:7; 152:17;154:7; 155:12,14;162:20; 163:11,23;164:3,5; 170:10;174:6,7,15; 175:17;176:25candle (3) 42:1;44:16,17cans (1) 60:4capability (1) 129:23capable (6) 80:14;125:22; 130:5,18;147:4; 151:20care (2) 49:1;166:13case (8) 17:15;33:10; 53:17,23;56:2; 104:10;158:20; 168:21caught-between (9) 148:1;149:1,8; 150:17,22;151:7,11, 18;152:2caused (1) 96:19causing (1) 158:10ceiling (6) 31:23;32:3;41:2; 46:13;60:20,21

center (3) 46:3;48:3;82:19centered (1) 46:3certain (6) 18:22;27:9;42:1; 67:9;85:24;96:17certainly (4) 83:1;111:22; 132:3;143:5certificate (2) 8:17;9:9certified (2) 4:5;131:10chain (1) 23:4change (4) 34:9;62:22;73:11; 121:8changed (4) 32:8;38:23;70:22; 115:20changeover (8) 71:8;72:16,20,21; 73:15;74:14;89:21; 101:11changes (1) 34:14changing (6) 70:18;71:24; 72:19;73:23,24; 118:4charge (9) 20:12,15,17,19; 29:25;60:5;99:24; 100:9;133:5charger (1) 59:5Charles (3) 7:7,12,23check (7) 30:16;50:4,13; 51:5,7;52:14,16checked (4) 50:6,15;51:18; 52:19checking (2) 51:7,15checklist (1) 50:21checks (1) 50:2chest (1) 96:21choice (1) 165:8choose (1) 165:14chose (1) 61:19circulate (1) 173:18circulation (1)

138:20circulations (1) 137:17circumstances (2) 65:4;152:1citation (7) 144:23;145:9,14, 18,19;147:10,12Civil (3) 4:3;9:8,8claim (1) 155:5clarification (1) 163:15classes (3) 8:23,24,25classified (3) 83:16,18,18classroom (1) 26:18cleaned (1) 157:11clear (3) 65:25;90:17; 168:11Cleveland (26) 7:3;18:21;20:3,10; 21:5,7,9,12,18,20; 27:11;30:7;41:7; 47:3;71:10;72:5,13; 119:1,2;131:22; 163:6;171:21,25; 172:7,15,23clock (1) 88:15closed (1) 108:25closest (1) 108:8closing (1) 69:4coil (3) 33:24;34:4,17coincidentally (1) 150:23collected (1) 141:17collecting (1) 55:2College (2) 8:9,21colleges (1) 8:5colored (2) 124:1;125:12coming (6) 7:5;10:25;15:11; 62:21;63:3;176:13command (3) 21:12;23:4;82:19common (1) 177:14commonly (2)

31:4,6communicated (1) 120:8Community (1) 8:21companies (1) 49:24company (27) 12:4;41:24;42:12, 13,16,21;44:14; 46:25;48:10,15; 71:11;105:25;106:4; 125:22;126:6; 127:12,14;131:11; 133:10,15;137:14; 138:7;152:8;161:23; 172:17,24;173:4company's (1) 147:12compare (1) 170:3Compared (2) 154:18;155:20comparing (1) 169:21comparison (1) 170:4competent (5) 127:21;128:1,15, 21;130:12compile (1) 11:13complete (2) 51:1,13completed (3) 12:8;71:15;141:18comport (1) 148:16computer (4) 12:1;73:9,13; 85:16concern (3) 22:23;23:1;24:6concerned (1) 55:15concerning (2) 83:11;172:9conclusion (4) 78:24;132:7; 134:21;162:6conclusions (2) 43:4,7condition (2) 81:11;107:21conduct (1) 117:17conducted (2) 140:15;163:11conducting (1) 163:20conducts (1) 116:19cone (5)

Min-U-Script® Mehler & Hagestrom (3) Bruce's - cone



153:25;154:11,14; 155:9,21cones (6) 65:11;66:8; 123:16;127:8,11,16confident (1) 11:15confusing (4) 4:24,25;5:1,3connection (1) 59:5consider (3) 128:20;129:15; 130:11consideration (7) 77:7,8,12;114:21; 115:4,12,19considerations (1) 77:1considered (1) 45:20contact (1) 139:11contacted (1) 42:18continuing (1) 144:1contour (6) 12:25;13:1;65:18; 66:10,11;80:10contractor (1) 37:8control (2) 22:3;28:19controls (1) 50:3conversation (5) 82:13,20;86:15; 98:17;109:21conversations (3) 26:24;27:3,5coordinating (1) 22:9coordinator (1) 28:19copied (1) 56:25Copper (2) 6:15,16copy (14) 131:21;144:22,25; 145:14;160:8,9; 172:14;173:10; 174:1,3,3,4,14; 175:17corporate (7) 57:1,4,13;100:6,8; 157:22;160:9corrective (1) 141:25correctly (1) 180:20cost (3)

126:14,21;127:5counsel (9) 4:17;11:10;25:25; 26:25;27:4;37:25; 42:11;55:3;174:15counseling (6) 139:7,11,14,19; 140:8,13counselor (1) 140:1couple (12) 4:18;18:17;35:19; 41:23;61:13;65:22; 74:9,12;78:6;106:9; 166:12;167:17course (1) 11:18courses (8) 9:3,12,15,16,17; 10:14;11:23,23courtesy (1) 5:25cover (2) 15:2;18:10covered (1) 4:16coworkers (1) 27:6CPR (1) 12:13create (1) 51:5creating (1) 147:25crew (2) 116:20;117:19cross-examination (2) 4:2,6crosswalks (1) 112:15Crows (1) 6:7crushed (1) 180:1current (2) 6:6;27:6currently (3) 6:11,14;168:13Customer (1) 29:24cut (3) 6:2;18:19,23cutoff (2) 12:25;80:10Cuyahoga (1) 8:21Czekansky (1) 22:7C-Z-E-K-A-N-S-K-Y (1) 22:7

D

daily (5) 49:25;50:16;51:5, 21;57:16danger (1) 123:12dangerous (10) 111:23;112:7; 162:16;177:22; 178:2,13,21;179:2,7; 180:9dark (1) 41:13date (6) 71:18;72:1;75:5; 90:18;141:13;142:3dated (1) 173:14date-wise (1) 91:3Dave (6) 16:11;27:15,18; 28:5,8,16Dave's (1) 27:23day (38) 19:15;29:10;50:6; 51:1;67:5;74:4; 75:22;76:2,6,8,15,16, 19,19;80:2;81:2,13, 13,15,16,17;86:18, 23;87:3;88:3,12,22; 92:7,10;97:3;98:2; 100:25;101:4,6; 113:11;117:7; 138:14;160:18days (8) 18:9;74:9;87:17; 160:13,14,19,21,23dead-ending (1) 33:3deadline (2) 18:19,22deadlines (2) 18:18;19:24deal (1) 23:2dealt (1) 135:15December (5) 71:22,25;74:1,2; 173:14decided (5) 35:18;39:13; 43:24;84:12;158:1deciding (2) 78:15;126:17decision (7) 21:18;36:15,16; 49:6;157:18,19; 176:17decisions (1) 43:7define (12)

58:3,9;59:3,21; 72:19;78:14;83:18; 90:23;100:13;128:4; 156:9,12defining (1) 58:16definition (4) 128:7,12,21; 130:11degree (3) 8:14,17;9:9department (5) 22:4,5;59:19,21; 145:8departments (1) 66:22depend (4) 69:1;119:20,22; 167:21depended (3) 75:10;76:24; 168:10depending (1) 167:20depends (15) 18:1;58:16;60:10, 13,19;67:18,19;69:9; 72:18;74:15;117:13; 138:14;147:9; 149:19;151:15deposed (2) 4:5;110:21deposition (4) 4:15;26:22;27:1,8describe (5) 15:4;18:13;47:15; 49:20;78:18described (1) 138:2description (2) 128:8;140:20designate (1) 66:2designated (6) 17:3,24;24:14; 25:4,5;163:24designation (2) 25:12;174:19desk (2) 110:6;119:7details (2) 79:3;140:25determine (1) 75:24determined (3) 75:6,8;168:8determining (1) 75:21device (1) 66:6diagram (3) 59:13,16;175:11Dick (3)

142:5,9;171:19difference (3) 18:14;19:9,12differences (1) 19:22different (12) 20:19;33:9;35:5, 10;38:12;51:19; 61:11,15;137:11; 168:13;169:16;174:2difficult (1) 164:7Digest (1) 138:6dimension (2) 31:8;32:5direct (2) 79:5;139:10direction (1) 62:22directions (3) 85:19;86:3;97:17directly (7) 22:13,17,24;79:5; 118:2;145:4;159:11director (3) 64:2;99:18;100:6disagree (6) 146:6,8;148:6,8, 24;149:2disagreed (2) 146:5;159:8discipline (16) 79:19,24;100:20; 157:18,19;158:6,9, 12,16;159:23;160:3, 5,10,25;161:4,21disciplined (16) 64:24;65:6; 157:13,25;158:2,4, 22,25;159:4,9,13; 160:10;161:2,8,12, 15discovery (5) 164:12,19,25; 165:1,2discuss (3) 147:10;172:7,22discussed (2) 83:8;171:24discussion (16) 36:1,7,13,20;51:9; 69:13;70:14;83:4,10; 87:25;101:3,7;142:9; 158:1;166:9;175:7disputing (1) 160:20distance (1) 32:2division (1) 6:17DMR (1) 39:18

Min-U-Script® Mehler & Hagestrom (4) cones - DMR



doctor (7) 81:18,24;82:24; 87:12;92:8;94:8,16doctor's (5) 95:22;96:2,10,12; 97:18document (15) 50:15,24;51:1,6, 12,17,19;52:11; 105:13;162:21,22, 24,25;163:4;174:21documentation (19) 11:14;12:7;25:24; 26:2;37:13;42:6; 50:16,18,22;51:5; 52:9,17,21;56:20,24; 75:15,18,20;137:9documented (2) 121:14,15documenting (1) 11:6documents (6) 26:21;42:10; 43:17;54:22;140:19; 141:22Dollar-wise (1) 43:12done (38) 18:25;37:6,7;42:3; 46:19,21,24;50:16, 18;51:24;53:17; 56:13;57:22;58:1,4; 60:11;67:5,6,18,22; 68:17;69:14,18;71:9, 11,13,17,24;72:22; 74:1,2;76:7;91:4,5, 13;157:5,8,8door (3) 23:22;24:9;108:24down (73) 33:7;45:15;47:13, 14;48:3;50:22;64:14, 16;67:10,15;68:2,14, 17,20,21,24;69:24; 70:1,6;91:22,23,25; 92:4;93:10;94:18; 95:3,12,18;96:6; 103:6,24;104:1,2,3, 17,19;108:4,10; 113:5,9;114:23; 115:7,14,15,21,23; 118:13,14;119:23; 120:1;123:11,18,24; 124:9;127:17; 148:13;152:17,18, 19,20;154:2,5,12,17, 24;155:7,17,20; 160:3,11;169:23,25; 180:19downturn (1) 39:9drawing (3) 31:11;59:15;63:8

drive (1) 111:23driving (3) 62:6;112:20;122:9drug (1) 108:16due (2) 78:8;83:7duly (1) 4:4during (29) 14:25;15:25;16:5, 10,21;17:5,7,23; 18:1;41:6;50:7,8; 66:14;67:3;70:6; 77:4,4,4;101:10; 110:24;117:23; 118:2;120:10,10,11, 18,20,21;156:24duties (1) 84:11Dynamics (1) 44:13

E

E/F (1) 61:17earlier (6) 44:15;139:2; 152:4;158:19; 169:20;174:19east (3) 33:5,23,25economic (1) 39:9education (5) 8:20;9:20,24;10:2; 178:19effect (2) 85:8;160:16effective (8) 155:7,18;156:3; 160:15;170:3,7,22; 171:2efficient (4) 35:23;36:6;39:8; 61:1eight (7) 47:18,23,24,25; 150:6,8,12eight-and-a-half (1) 167:5Either (13) 14:10;37:14;48:5; 49:23;56:9;90:15; 105:24;106:5;109:1; 121:5;159:6,11; 165:6E-learning (3) 13:20;129:13; 130:1eleven (2)

18:2;167:5else (31) 12:14;13:19;14:4; 15:9,13;22:2,12; 27:6;28:5;45:16; 56:10;73:1;85:5,6, 11;86:6,7;87:24; 88:1;90:15;106:14, 18;108:13;109:22; 123:5;159:12;160:1, 6,8;171:17;176:3else's (1) 176:18emotional (1) 139:22employed (7) 6:11,14,23;14:5; 17:1;59:22;128:14employee (16) 37:6,16;57:23; 58:2,5,14;79:9; 100:20;120:14; 147:25;152:22; 154:2;155:16; 158:10,23;165:25employees (29) 7:17,21;19:1,20; 58:10;65:3;74:13; 75:6;90:13,19,25; 91:3;92:11,16; 120:18,24;121:11, 17,24;122:15; 133:20;153:1,1,11; 163:10,17;169:22; 173:19;174:1employer (5) 6:20;7:6;147:23; 148:17;152:6employment (1) 9:4end (20) 33:4,12,23;63:7; 104:11,18;117:9,11; 123:17;124:8; 127:16;149:4;154:1, 14,22;155:10,21,22; 170:2;176:6energy (3) 36:5;39:8;61:1energy-efficient (3) 35:22;61:3,6enforce (2) 100:12,13enforced (3) 63:25;134:3,10enforcing (1) 127:15engineering (3) 9:6,7,8enhance (1) 176:2enhanced (1) 175:23

enough (9) 5:9;33:12;38:16; 46:13;47:12;55:24; 63:7;150:8;168:15ensure (3) 121:11;122:19; 123:10entail (6) 15:10;20:6;72:21; 85:16;91:9;94:3entailed (1) 26:18entails (2) 14:22;20:11entering (5) 64:17;65:6; 147:24;148:18;152:7enters (1) 64:22entire (3) 7:14;17:14;20:15entirely (2) 34:7,8entity (2) 58:20;60:11entrance/exit (2) 45:23,24equally (1) 45:25Equipment (14) 48:16,17,19;49:11, 17;73:4,9,10,13; 89:11;93:23;112:1, 10;138:5Especially (1) 54:2establish (1) 136:16established (5) 76:13;113:2; 142:1,7,11estimate (1) 72:12estimation (2) 47:21,22E-training (2) 10:13;11:25Evacuation (1) 175:11even (7) 64:24;120:3; 121:3;135:9;170:20; 177:1;180:8event (2) 162:11;177:14events (4) 27:9;142:17; 143:3,11eventually (1) 80:9everybody (2) 74:17;112:16every-shift (1)

15:20exact (15) 9:17;18:9;25:13, 14;34:25;48:22,23; 50:20;74:4;93:15; 94:14;98:17;138:3; 160:22;173:4Exactly (24) 6:19;11:22;41:22; 52:16;65:14,16;66:9, 17;80:7;88:4;102:1; 106:10;109:7,8,10, 12;120:22;139:12; 147:15;151:16; 159:1,22;168:11; 169:3example (1) 120:1except (1) 102:19excess (2) 15:15,18Excuse (2) 146:14;151:24Exhibit (29) 23:15;30:24,24; 31:15;39:15;54:15, 19;63:4,9;65:19; 107:16,25;141:4,19, 25;142:22;145:7,13; 162:15,20;163:23; 164:8;173:10;174:6, 16,25;175:10,14,16exist (2) 37:22;174:12existed (1) 36:24existence (1) 155:5exists (3) 47:15;164:10,16expandable (5) 126:1;154:1,22; 155:10,22expect (7) 25:24;94:2,9; 95:23;96:10,12; 113:9expectation (1) 87:19expected (8) 87:2;89:18;94:7; 95:22;96:2,4;113:12; 122:4expecting (2) 95:18;113:4expenditure (1) 28:12experience (4) 18:12;47:21; 153:11;178:18explain (2) 18:12;132:19

Min-U-Script® Mehler & Hagestrom (5) doctor - explain



explained (2) 105:11,11extend (1) 5:25extended (1) 154:3external (1) 62:6extinguisher (1) 24:3extreme (1) 161:21eye (1) 96:5

F

facilities (3) 30:1,2;137:23facility (16) 23:8;43:10;71:10; 87:3;88:13;92:8; 98:2;101:17;126:2; 131:22;132:13; 133:5;134:19,24; 138:22;147:22fact (14) 72:1;83:11;92:11; 107:11;110:24; 143:22;152:5,16; 157:23;158:7;159:8, 18;169:2;176:10factor (3) 150:21;151:6,17factors (3) 150:16,20;152:1fair (8) 5:9;25:3,7;38:16; 55:24;84:22;121:16; 168:15fairly (1) 11:15fall (1) 5:16falls (2) 82:12;84:20familiarize (4) 132:4,13,21; 136:24far (7) 11:25;19:17; 22:13;53:6;103:24; 108:4;157:17fault (1) 109:18feasible (1) 43:12February (2) 6:25;30:12feel (19) 130:18;132:19; 133:16,17,19;134:1; 146:19,25;150:12,

16,21;151:6,12,17; 158:21;159:19; 161:8;170:6,6feels (2) 100:16,21feet (6) 31:22,25;32:4; 33:17,19;93:19felt (8) 139:11;158:12; 159:12,15,17,25; 161:11;170:13fence (1) 124:7few (5) 11:7;19:15;74:9, 11;150:4fifteen (3) 6:10;32:4;121:1fifty (3) 125:1;170:14,24figure (1) 121:9file (8) 11:3,8;52:22; 117:13;119:6,8; 160:6,7filing (1) 117:10fill (3) 18:7;115:13; 140:23filled (2) 79:6;100:9fills (1) 99:17filter (1) 100:7final (1) 151:17find (7) 25:24;36:9;37:21; 42:16;43:18;56:19; 97:9findings (2) 55:6;156:19Fine (4) 72:21;96:17; 144:3;156:14fine-minute (1) 166:7fingers (1) 133:14finish (2) 5:21;6:1finished (2) 6:3;89:23finishing (2) 166:16,19fire (1) 24:3firing (1) 20:15

first (30) 4:4;12:15;19:19, 22,24;23:3;38:17; 50:7,8,17,19;54:21; 75:25;81:6;93:14; 103:25;104:15,22; 105:4,5;107:25; 116:5;121:23; 134:11;145:23,24; 146:3;147:19;174:3, 8first-day (1) 120:21First-shift (6) 14:20;19:7,11; 50:9;51:13;174:10fist (1) 110:5five (4) 39:11,13;84:3; 168:23five-minute (1) 70:9fix (1) 67:23fixed (9) 29:2;146:7,8,9,10, 12,17;147:1,6fixtures (6) 36:24,25;37:2,3; 40:8,10flip (3) 54:21;107:17; 138:16floor (12) 22:20;29:5,12,14, 16;93:11,13;94:4,18; 95:3,13,19Florida (1) 8:9focusing (1) 94:3folder (2) 53:7,11follow (12) 90:25;94:7;95:1, 22;96:2,10,12;97:17; 153:3,12,15,16followed (9) 5:6;90:8,11,14,21; 91:12;115:5;134:3, 10following (4) 81:16;100:15; 127:8;144:23follows (1) 4:5foot (5) 93:17;95:13; 154:2;180:1,1foremen (1) 173:21forget (1)

153:2forgot (2) 153:7,8forklift (10) 25:9;26:5,9,13,17; 114:13,17;135:15; 136:18;162:15forklifts (6) 111:23;112:7; 135:3,22;136:4; 137:6form (4) 140:24,25;141:17, 19formal (6) 8:20;9:20,24;10:6, 8;25:8formalized (1) 23:6former (1) 27:7fought (3) 147:16,17,19found (2) 36:12;42:17four (10) 8:23,25;39:11,13; 48:5;61:21;62:14; 104:8;167:6;169:8four-year (2) 8:14,16frame (9) 38:3,14;74:15; 88:10;138:12; 156:12,17,24;157:5Franciscan (1) 8:2frequency (3) 28:9,22;80:19front (6) 45:18,20,21;54:6; 63:12,18full (2) 4:8;114:1functions (1) 10:18future (1) 160:16

G

gap (4) 33:3,22;47:15,24Garbage (1) 60:4gate (8) 124:7;125:8; 126:1,1;155:10,22; 156:2;170:1gates (3) 126:11;154:1,22gathered (3) 17:11;140:20;

143:11gauge (1) 171:1gave (3) 86:4,7;106:15Geez (1) 78:1general (14) 7:22;15:1,3;23:15; 38:15;50:12;58:7; 82:16;99:12;120:20; 153:9;166:2;176:6; 179:22generally (6) 20:6;24:5;68:5; 83:12,16;128:4gentleman (1) 99:21gentlemen (3) 16:20;17:3,9George (32) 105:15,25;108:15, 19,21;109:2,4;110:7, 10,16,21;111:3,15; 139:2,6,6;152:16; 153:8;157:15,16,17, 18,19,25;158:16,19, 24;159:3,6,11,12,15George's (2) 140:22;160:6gets (1) 167:1Gielink (1) 14:2G-I-E-L-I-N-K (1) 14:3gist (5) 84:25;98:18; 109:7;136:13,15given (10) 19:19;75:17,22; 106:2;113:10; 120:24;167:4; 168:19;169:7;180:7gives (1) 176:12giving (4) 43:9;91:8;139:6,8goes (4) 16:14;100:8; 112:19;122:23go-live (1) 75:5Good (5) 4:8;39:12;61:17; 70:10;165:20go-to (1) 21:17grab (2) 17:12;91:25graduate (1) 8:3GRANT (12)

Min-U-Script® Mehler & Hagestrom (6) explained - GRANT



4:7;7:2;54:7;58:8; 144:3;164:4,23; 165:7,12,14;166:6; 175:4greater (1) 19:19grid (2) 34:21,22ground (1) 147:5group (5) 7:15,21;13:21; 54:15;75:13grouping (1) 167:4groups (1) 137:16guarantee (1) 121:18guess (14) 17:8;33:5;49:1; 51:4;53:6;65:25; 66:7;79:2;90:17; 155:25;156:13; 162:5;165:19;180:6guessing (1) 177:19GUICE (195) 10:4;21:14;23:5; 39:4;41:10,15,18; 45:9;49:14;53:19; 54:2,11;55:5,13,17; 56:5,14,15;58:6; 64:18;65:1;66:15; 72:9;73:19;76:9; 78:12,25;79:10,16, 20,25;80:16;85:2; 86:24;87:5,9,21; 92:21;93:24;94:19, 24;95:5,9,15,20,25; 96:8,14,22;98:15,24; 99:4,8;101:1;105:21; 109:5;110:13,19; 111:5,17;112:3,12; 113:6,19,23;114:3,7, 12,14,18,25;115:8, 16,24;116:3;118:23; 119:13,19;121:20; 122:1,20;123:20; 124:2,11,15,19,24; 125:7,15,19,24; 126:4,8,15,23;127:6, 19;128:9,17,23; 129:4,19,24;130:7, 13,21;131:2;132:6, 15,23;133:7,22; 134:5,13,20,25; 135:5,11,17,24; 136:7,20;137:1,7; 139:20,25;140:3,6, 10;143:20,25;147:2, 7,13;148:3,9,20,25; 149:3;150:1,10,18;

151:3,14,22;152:11, 24;153:4,14,18,22; 154:6,18;155:1,11, 24;156:5,11,20,25; 157:10;158:17; 159:20;162:23; 164:3,20;165:4,9,13; 170:5,9;171:3;172:3, 11,18,25;173:6; 176:23;177:5,11,17, 24;178:4,8,15,23; 179:4,9,15,19,24; 180:4,10,15,17guideline (2) 5:7,11guidelines (6) 4:16;94:7;142:2,7, 10;170:12guy (1) 21:17guys (4) 16:25,25;19:13; 60:12

H

habit (1) 5:16Halfway (3) 104:1,2,3hand (1) 107:15Handbook (1) 162:17handed (1) 160:11Handing (4) 54:19;145:13; 162:20;175:14handled (1) 172:1Handling (1) 162:16hands-on (7) 13:5,17,18,22; 26:20;121:2;129:12handwriting (1) 142:1handwritten (1) 141:20Hanzie (1) 20:23H-A-N-Z-I-E (1) 20:23happen (7) 35:16;69:11; 110:12,17;111:2; 149:22;172:21happened (33) 38:4;69:17,18; 81:13,15;84:16; 87:24;97:25;98:8,14, 18;102:18;105:4,10,

13,16,17;106:11,12, 13,14,16,17;109:3, 13;111:21,22;140:2, 19,20,22;141:1; 170:15happens (1) 140:23happy (1) 5:5harassment (1) 96:1havoc (1) 96:19hazard (9) 148:1;149:1,8; 150:17,22;151:7,11, 18;152:2hazards (6) 128:6;129:2,9,17; 130:6,20headquarters (3) 57:10;127:1; 147:10Health (1) 145:9hear (4) 82:21;93:2; 109:20;159:11heard (6) 6:16;14:4;127:21, 24;128:1,7Hearsay (1) 111:5height (4) 31:21,23;96:21; 164:9held (6) 17:17;38:5;117:2, 4,6,7helmet (1) 103:7help (3) 43:18;95:24; 132:19helping (1) 100:11hereinafter (1) 4:4Hey (3) 23:2;69:24;163:17high (6) 7:25;8:1,6;46:13; 93:13,23higher (1) 21:19highest (1) 21:12Hillis (4) 48:16,17,19,21himself (3) 109:24;110:11; 111:1hip (1)

180:2hire (2) 78:14;95:23hired (3) 12:22;78:16,22hiring (3) 20:14;78:11,14hit (5) 55:16;63:3;98:20; 113:25;176:22hitting (1) 110:5Hoffman (1) 16:17hold (4) 7:20;17:6;20:4; 25:15home (4) 6:6;86:22;102:3,5hop (1) 17:12hope (4) 121:16,24;122:3; 133:25hoped (1) 9:4horn (13) 62:10,15,20;63:3, 16,19,21;64:8,15,23; 65:7;112:22,25hospital (6) 102:19,20;108:14, 16;143:2;180:13Houdek (5) 26:4;77:25;78:11; 179:8,14Houdek's (7) 39:1,24;40:24; 42:3;44:7;55:12; 65:9hour (1) 84:3hourly (1) 117:3hours (7) 15:22;19:9;20:6,9; 41:7;80:24;150:4house (1) 62:25Hubtex (3) 47:6;53:3;61:23human (2) 150:9;153:1hurt (2) 99:16;100:6hydraulics (1) 50:3hypothetical (1) 69:10

I

icon (1)

24:2idea (7) 84:22;92:9;97:12; 116:9;157:25; 175:20;176:16identification (4) 54:17;145:11; 162:18;175:12identifies (1) 51:14identify (7) 11:17;54:5;75:12; 128:5;129:2,8,16identifying (2) 130:5,19illuminates (1) 45:7imagine (4) 64:1;133:10; 176:4,8immediate (3) 67:20,21;150:25immediately (2) 82:8;160:15implement (1) 172:16implementation (1) 71:16implemented (11) 72:14;101:9,10; 119:9;124:13,16,18, 22;169:24;170:8; 173:4implementing (2) 125:5;172:24important (7) 5:11;122:7,14,18; 176:21;177:3,9improve (2) 170:11,12inches (8) 47:19,23,24,25; 48:5;150:6,8,13incident (107) 26:4,7;34:23; 38:20;39:1,24;40:24; 42:4;44:7;49:3;54:9, 24;55:12;56:1;65:9; 66:12;67:8;70:11; 74:5,21,22,24;75:3; 76:5,15,16,18;77:10, 12;80:2;81:3,10; 99:14;101:15; 103:14,22;104:12, 13,21;107:9;111:22; 112:6;113:16; 114:20;115:3,11,18; 116:10;117:21; 119:10,18;121:10; 123:10,15,23;124:5, 14,18,23;125:1,6,14, 18,23;126:3,12; 127:9,12;131:12,19,

Min-U-Script® Mehler & Hagestrom (7) greater - incident



23;135:10,22;136:5, 17,23;137:4;139:3, 15,17;140:9,13,16; 144:13;145:15; 146:22,25;156:8,9, 10,14;157:14; 158:14;159:19; 166:4;169:25; 170:14;171:24; 172:6;176:20;177:1, 2,21;178:1,6,12,20Including (1) 41:4incoming (6) 65:19,24;66:1,3, 13,17Incorporated (1) 44:13indicate (8) 87:16;105:24; 108:10;133:14; 159:6;163:23;164:8; 175:17indicated (2) 30:25;40:2indicates (1) 31:11indicating (1) 39:15indication (2) 52:18;66:5indicator (2) 62:6;154:16individual (2) 52:25;53:1industry (2) 137:15,24inform (1) 36:8informal (1) 10:8information (2) 100:7;140:21informed (1) 113:8informing (1) 155:18infrequent (2) 15:17,19inhouse (10) 37:6,15;49:23; 57:11,22;58:1,13; 60:12,16;166:3initial (1) 51:17initially (1) 160:19injured (6) 113:18;114:2; 120:4;158:15,23; 159:18injuries (3) 179:18,23;180:3

injuring (1) 160:2injury (3) 158:10,11;180:7I-N-N-Y-K (1) 16:12input (1) 157:21Inside (2) 147:22;167:20inspected (2) 156:7,16inspection (13) 49:20,22,25;51:21; 56:11;57:9,17,17; 58:11,18,24;59:8; 143:18inspections (3) 51:22;57:15,18install (4) 39:21;43:20; 44:19;175:20installed (18) 36:10,11,12;39:24; 40:5,10,11,14;43:2; 44:5;45:1;60:25; 61:7,9,10,14;174:18; 175:19instance (3) 38:4;64:7;174:2instruct (3) 92:15;98:23;99:2instructed (2) 113:9;120:18instructing (1) 165:7instruction (19) 13:3;26:12;90:19; 91:11;106:1,5; 121:12,18,25;122:5, 6,8,15;129:21; 130:24;131:6; 153:12;173:19; 178:25instructions (7) 85:19;86:3,6;90:1, 4,24;153:3intensive (1) 73:14intent (1) 86:17interfere (1) 68:24interfered (1) 69:7internal (5) 140:15,24;141:23; 143:11,14internally (1) 59:22interview (4) 78:21;79:2;143:2; 144:6

interviewed (4) 78:20;143:7; 144:7,10into (33) 5:16;13:16;23:23; 33:3;64:16;70:10; 73:11;83:5;96:1; 102:15;108:21,22; 112:24;138:8; 160:16;162:5; 168:17;171:8,11; 172:24;176:14; 177:4,10,16,22; 178:2,7,14,22;179:3, 8,14;180:9intricacies (2) 136:6,25inventory (5) 70:18;73:2,3,6; 168:17investigation (12) 140:15,24;141:7,8, 23;143:12,15,19,24; 144:23;166:3,4invoice (2) 37:14;52:12invoices (9) 53:2,11,21;54:16; 56:25;57:2,2,3,12involved (22) 9:16;20:12,13,13; 36:1,7,13,18;49:2,6, 9;53:23;54:8,23; 55:2,6,12;56:1; 100:11;101:3; 126:17;144:5involvement (1) 143:23issue (4) 59:11;152:5,9,14issues (4) 28:23,25;29:3,3Item (1) 145:18items (6) 50:11,21,25;51:6, 14;52:14

J

Jan (1) 22:11January (1) 30:11Jared (41) 81:9;82:4,14;83:5, 10;85:1,6,20;86:4, 21;87:16,25;90:4,7; 92:15,20;93:2,4; 98:13,14,23;101:14, 15,23;102:6,15; 104:25;105:4,7,16, 19,24;106:7;107:1,

11;129:15,22;130:4; 140:8,12;166:20Jared's (1) 140:22Jim (1) 16:17job (20) 12:21;17:4,6; 24:16,19;59:25; 78:10;80:3,15;84:11, 13,21;89:4,6,9,12,15; 115:6;169:6,11jobs (1) 99:24Joe (5) 4:11,13,15;6:6; 16:17John (4) 13:25;14:7,12,16joining (2) 10:22;11:12JOSEPH (3) 4:1,6,10judge (1) 165:15July (3) 14:12;19:8;20:2jump (1) 59:11

K

keep (6) 4:22;11:2;53:10; 88:17;108:24;117:14kept (4) 11:3;57:11;119:4, 5key-carded (1) 88:20keyed (1) 168:17kind (2) 46:17;177:13knew (14) 78:2;84:17;85:22; 106:12;110:11,17; 111:22;113:16,22; 121:3;136:16; 168:18;176:20;177:2knowledge (39) 21:8;28:4;34:20; 39:25;40:17;57:3,19, 24;62:4;65:8;78:8; 79:18,22;80:1,22; 81:1;86:5,9;90:12, 16;98:3;104:24; 105:18;123:14,22; 124:4,12;125:16; 126:5;133:17; 141:24;143:4,7,9; 144:21;163:8;166:5; 178:12,19

knowledgeable (4) 128:5;129:1,6,16known (2) 48:17;77:25knows (1) 63:17Kuhn (3) 81:9;98:13;129:15

L

label (6) 167:8,10,16,18; 169:3,8labeled (5) 23:18;31:2,5; 39:18;167:16labeling (9) 73:7,8;74:3,14; 75:16;84:17,19; 85:23;166:14labels (20) 73:23,25;108:8; 166:22,25;167:9,15, 21;168:3,5,8,10,13, 14,16,18,23,24,25; 169:13Labor (1) 145:8lack (1) 77:17Lane (1) 6:7language (1) 136:15last (15) 4:13;9:14;11:7; 21:17;32:15,16,18; 33:1,21;38:15;39:22; 41:23;74:25;90:17; 110:21Lastly (1) 5:21later (4) 75:4;98:4;141:13; 159:7lawful (1) 4:1lay (1) 95:18laying (1) 20:14layout (1) 23:16leading (1) 121:10leads (1) 32:1learn (6) 61:3;80:9;81:6,10; 97:5;98:21learned (3) 43:7;81:12;84:8

Min-U-Script® Mehler & Hagestrom (8) Including - learned



learning (1) 81:3least (2) 31:15;104:9leave (3) 14:11;85:22;88:18leaving (1) 18:20led (2) 78:24;162:10left (7) 14:12,12;85:22; 88:12,22;98:2;102:5left-hand (1) 108:9leg (1) 180:3Legacy (1) 71:1legal (6) 4:17;26:25;27:4; 55:3;132:7;134:21Legg (1) 16:11length (7) 33:16;45:15; 123:11,18,25;124:9; 127:17less (2) 29:17;126:21letters (2) 137:12,22letting (3) 5:25;91:2;166:18level (2) 93:11;96:6liaison (1) 100:5license (1) 25:9lift (27) 92:25;93:7;96:25; 97:2,4,6,10,16,23; 103:6,13,17,24; 104:10,15,16,20; 108:1,5;136:4,19; 137:6;146:12,14,17; 149:4;151:24lifting (3) 80:15,19;84:5light (17) 36:23,25;37:2,3; 42:7;46:15,19,23; 60:5,8,10;61:22,23; 62:3,6,6;128:20light-duty (3) 83:12,16,19lighting (25) 34:21,22;35:3,4,6; 36:2,3,4,5;38:1,11; 40:19,23;41:8,13,25; 43:20,21;44:5,15,20; 45:5;46:5;59:11,12

lights (37) 34:25;35:10,13,19, 21,22;36:6,16,23; 37:14;38:7,12,18,22, 23,24;39:2,7,14,23; 40:1,7,10,14,15; 42:25;43:1,9;44:8; 45:1,13;46:7,9; 59:17;60:24;61:4,6limit (2) 84:2,5limitations (1) 83:7limited (1) 82:6line (1) 69:12lines (2) 9:5,19list (4) 11:10,10,13;51:6lists (2) 50:25;51:14L-I-T-C-H (1) 6:7Litchfield (1) 6:7little (7) 10:18;15:5;19:18, 21;24:2;95:23; 138:19lived (1) 6:9LL (1) 31:5loaded (2) 14:23,25local (3) 14:24;18:23;42:21locate (1) 42:10located (11) 7:10;23:19;27:18; 44:10;45:15,16; 91:15;104:6;108:5; 112:9;163:25location (13) 7:2;20:11;30:4; 56:22;66:2;72:5; 104:5;164:7,9; 165:19;169:16; 176:1,11locations (6) 30:10;71:14,15; 72:4,7;172:2long (21) 6:9,23;7:12;13:6; 14:17;19:7;31:9,10; 38:8;63:17;72:13; 73:22,22;74:7;84:19; 87:12,14;102:2; 166:15,15;180:13longer (4)

31:12,13,14; 160:19look (11) 37:24;42:9;56:19; 69:24;76:4;82:23; 83:2;129:14;131:16; 157:2;172:24looked (4) 23:14;37:18; 126:19;141:3looking (3) 38:10;108:3;174:6looks (3) 142:5;173:13; 174:10loose (1) 167:24lose (1) 165:15lot (15) 10:13,13,15;11:8; 29:1,8;39:8;78:1; 88:20;98:6;100:4; 102:19;121:2; 122:22;150:24low (1) 93:13lower (1) 95:24lunchroom (1) 117:3

M

machine (15) 12:22,23;13:10; 22:16,22;25:4,16; 32:22;44:13;80:5,8, 13,20,24;176:3machinery (2) 17:10;29:1machines (4) 12:23;15:6;80:10; 120:13magazines (1) 137:22magnitude (1) 75:4mainly (1) 138:25maintained (6) 52:24,25;59:16; 67:15;160:6;163:1Maintenance (36) 7:9,15,17,22; 37:15;44:22,24; 51:24;52:6;56:11; 57:25;58:1,3,4,14,17, 21,24;59:3,4,7,19,21; 60:2;67:10,12,23; 68:13,17,20;69:13, 18;70:5;118:22; 156:23;157:3

major (1) 28:11majority (1) 17:17makes (3) 104:2;152:9;164:7making (4) 72:23;110:5; 130:4;134:9man (1) 21:12management (2) 9:16;20:14management-related (1) 11:19manager (21) 20:3,10,25;25:6; 29:15,23;30:2,3,6,7, 10;99:12,19;122:14; 132:3,12,20;133:4, 19;134:1;153:10managing (1) 20:12manner (2) 5:4;67:15manpower (1) 77:20manual (4) 62:14;118:21,22, 22manuals (2) 118:20;119:4manuals' (1) 119:8manufacturing (2) 137:23;138:2many (23) 16:25;24:20,22; 25:1,17;26:3;40:7; 47:2;65:13;74:13; 77:25;87:16;117:19; 121:1;126:11;127:3, 11;160:13;167:15, 21;168:8,10,18mark (3) 65:19,23;66:1marked (15) 23:14;30:23;53:3; 54:16,19;107:16; 141:18;145:10,13; 162:17,20;173:9; 175:11,14,15Marketing (1) 138:5Mass (2) 71:1,8Massachusetts (1) 27:22material (33) 15:11;16:2,3; 17:16;22:3;28:19; 65:19;66:20;69:3; 72:24;73:4,5,17,24;

91:5;92:1,5;94:18; 115:22;149:20,23, 23;150:24,24; 151:15;167:11,20, 24,25;168:9,18,24,25materials (2) 26:22;92:24materiel (1) 169:17MATRAS (4) 4:1,6,10;165:20M-A-T-R-A-S (1) 4:14matter (6) 74:9,9,11,12; 111:24;166:13Maxwell (1) 14:2may (24) 4:16;12:3;26:24; 51:20;57:19,20;59:6; 62:23;69:23;78:6; 117:25;125:20; 127:25;130:1; 131:24;133:18; 149:9;150:20,23; 157:23;160:9,17; 163:16;170:15Maybe (18) 28:10;29:1;59:4; 60:8;63:3;67:13; 69:19;82:11;129:20; 130:23;134:15; 137:13;138:25,25; 149:13;161:24; 162:4;170:15MDI (9) 44:9,10,12,14,19; 45:1;58:25;59:8; 60:23mean (38) 5:13,15;10:6;15:5, 19;18:24;19:17; 22:14;24:11,16;27:2; 34:18;38:15;56:19; 58:6;59:21;62:10; 66:1;70:20;74:16,22; 77:3;79:12;81:19; 117:10;119:1; 120:25;125:8; 133:15;136:10; 138:3;144:10; 149:13,16;152:18, 25;158:5;163:16Meaning (2) 29:18;180:22means (2) 150:16;154:3meant (4) 94:16;96:16; 145:22;146:15measured (4) 41:17,19,21;47:20

Min-U-Script® Mehler & Hagestrom (9) learning - measured



measurement (5) 41:20,25;42:7; 46:14;93:15measurements (1) 106:21measuring (3) 42:23;46:18,22mechanical (3) 59:7;157:6,8medical (2) 92:9;107:21medication (1) 107:22medicine (1) 100:9meet (1) 19:25meeting (6) 101:7;110:24; 116:18;117:10,11,11meetings (9) 36:18,19;116:22, 24;117:2,14,17,19; 118:2memory (2) 27:8;107:23mention (5) 92:11;100:23; 155:6,16;169:22merely (2) 155:5,16met (1) 102:15Metal (1) 138:5method (3) 155:9,20;170:3Michigan (2) 27:21;57:4middle (2) 45:18;149:5midnight (1) 101:21might (10) 11:20;51:19;77:8; 91:24;106:16; 132:20;150:11; 153:13;159:24,24mind (5) 146:10;149:6; 152:2;162:2,5minor (2) 57:25;58:3minute (1) 54:20minutes (4) 36:19;102:2,4; 123:9mirror (7) 174:17;175:18,21, 24;176:1,11,17missing (2) 12:16;16:19

model (1) 55:22moment (1) 107:16momentarily (2) 59:12;151:1money (3) 29:2;39:8,13monitored (1) 63:25month (7) 28:10;30:20,21; 39:12;117:20; 138:11,13monthly (2) 57:20;138:15months (2) 74:12;156:14more (36) 9:5;11:6;13:17,17; 16:18,19;17:13;19:5, 15,18;25:4,19,20,21; 29:18;38:22;39:19; 45:18;66:5;68:11; 70:10;73:13;96:19; 97:21;109:20; 122:23;127:8;131:4; 156:3;166:12;167:6; 170:3,7,21;171:2; 177:7morning (1) 4:8most (8) 10:16,18;13:5,17; 18:24;73:14;91:22; 92:3mostly (1) 46:11motion (1) 62:12motors (4) 120:13;121:4,7; 136:12mouth (3) 61:5;121:3;137:10movable (2) 146:20;149:6move (3) 13:15;20:2;62:12moved (4) 13:13;103:15; 104:21;147:4moving (5) 70:20;113:17; 114:1;146:21;151:21much (11) 10:18;11:6;15:1; 19:12,21;47:15;82:9; 85:11;102:18;144:4; 167:20multiple (1) 167:9must (2)

52:18;64:15myself (5) 46:21;60:19;64:2; 68:8;126:20

N

NA (1) 28:1name (8) 4:9,13;42:13; 59:25;71:6;99:22; 138:3;173:12narrow (4) 47:12;147:24; 148:18;152:7narrower (3) 31:16,19,20narrowness (1) 150:5N-A-S (1) 16:11Nasinnyk (1) 16:11nationwide (1) 133:16nature (2) 11:18;88:15near (3) 75:4;94:18;95:3necessarily (16) 23:7,7;24:8;50:15; 64:19;65:2;69:6; 72:11,18;87:23;95:6; 112:23;123:7;144:7, 12;149:8necessary (1) 158:12necessitate (1) 69:4need (25) 5:12,14;18:3; 28:12,13;29:23; 67:20,21;89:11; 93:22;95:11;99:14; 111:11;112:16,24; 115:4;133:12; 142:10;168:14,23, 24,25;177:14,21; 179:1needed (13) 18:4;69:2;85:8,10; 90:2,2;91:3,4; 109:19;139:11; 178:11,19,25needs (3) 60:8;63:19;67:14Neither (1) 14:9Nest (1) 6:7new (42) 32:9,16;34:3;36:2,

2,4,6,22;37:3,13; 38:1,18,24;39:1; 40:1,10,14;42:25; 48:11;60:24;66:25; 71:18;72:14,23;73:9; 118:4,5;138:5;142:2, 7,10;167:16;168:16; 169:24;170:6,21; 171:2,8,24;172:14, 22;173:10newer (2) 38:11,12news (2) 137:12,22newsletters (1) 137:10Next (10) 5:11;6:1;32:1; 40:18;84:8;85:25; 94:6;104:6;149:17; 174:18night (19) 14:24;18:21; 41:13;55:15;86:22; 98:4;101:13;102:9, 21;103:25;104:25; 106:8,19;107:2; 108:13;110:25; 141:6,12;144:15nighttime (1) 41:6Nobody (2) 116:14;131:15normal (4) 15:20,21;84:13; 167:4normally (1) 62:24northeast (1) 27:19notation (1) 117:14note (6) 81:18,24;82:6,24; 138:20;142:14noticed (2) 38:18,22Notification (1) 145:10notified (5) 64:5,6,10;99:14,15notifying (1) 155:19number (35) 18:9;19:1,13,19; 50:2;52:5,5;53:3,3; 54:9,10,23;55:1,6,20, 22,23,23,25;56:8,13, 18;60:25;80:24; 137:11;139:6,8; 145:18,18;153:10; 157:20;164:14; 169:1;173:17;175:14

numbered (1) 54:20

O

oath (3) 4:20;110:22,23object (10) 146:7,8,9,11,13,17, 20;147:1,6;149:6Objection (189) 10:4;21:14;23:5; 39:4;41:10,15,18; 45:9;49:14;53:19; 54:2,11;55:5,13; 56:5,15;64:18;65:1; 66:15;72:9;73:19; 76:9;78:12,25;79:10, 16,20,25;80:16;85:2; 86:24;87:5,9,21; 92:21;93:24;94:19, 24;95:5,9,15,20,25; 96:8,14,22;98:15,24; 99:4,8;101:1;105:21; 109:5;110:13,19; 111:5,17;112:3,12; 113:6,19,23;114:3,7, 12,14,18,25;115:8, 16,24;116:3;118:23; 119:13,19;121:20; 122:1,20;123:20; 124:2,11,15,19,24; 125:7,15,19,24; 126:4,8,15,23;127:6, 19;128:9,17,23; 129:4,19,24;130:7, 13,21;131:2;132:6, 15,23;133:7,22; 134:5,13,20,25; 135:5,11,17,24; 136:7,20;137:1,7; 139:20,25;140:3,6, 10;143:20,25;144:1; 147:2,7,13;148:3,9, 20,25;149:3;150:1, 10,18;151:3,14,22; 152:11,24;153:4,14, 18,22;154:6,18; 155:1,11,24;156:5, 11,20,25;157:10; 158:17;159:20; 162:23;164:20; 165:4;170:5,9;171:3; 172:3,11,18,25; 173:6;176:23;177:5, 11,17,24;178:4,8,15, 23;179:4,9,15,19,24; 180:4,10,15obligation (4) 4:22;132:4; 133:20;134:2obligations (1) 84:13

Min-U-Script® Mehler & Hagestrom (10) measurement - obligations



observation (1) 47:21observed (5) 64:20;102:8; 103:4,25;104:15observing (1) 29:5obtain (1) 25:8obtained (1) 142:19obviously (5) 33:21;71:23; 93:22;104:12;165:18occasion (8) 67:9;70:5;88:23, 25;91:24;101:6; 116:22;117:18occasionally (1) 153:2occasions (3) 24:20;25:1;65:4Occupational (1) 145:8occupied (2) 91:16;147:25occur (7) 18:8;104:13; 116:2;120:17,20,21; 177:15occurred (35) 18:8;26:4;66:12; 76:5;83:15;99:3; 102:22;103:15,22; 104:12,22;112:6; 113:16;114:20; 115:18;116:10; 119:18;123:15; 124:5,23;125:14; 126:3;131:12,19; 135:10,23;136:17; 137:4;146:22,25; 158:14;172:6; 176:20;177:1,2occurrence (2) 15:17,20occurrences (1) 15:14occurring (2) 105:20;156:10October (10) 26:3;38:20;65:10; 72:2;76:12;128:14; 135:9,14;142:14; 177:8off (33) 6:2;15:11;16:2,4; 18:11;20:15;28:25; 51:5,9,18;69:4; 70:14;85:22,22; 93:13;95:13;102:6; 164:12;166:9,24; 167:1;168:3,6,9,16,

19;169:4,15,17,19; 171:12;175:4,7offered (1) 42:18offhand (2) 138:6;156:22office (22) 23:8,11,19,22; 29:11,19,20,21;39:6, 16;44:6,20;59:19; 63:12;82:16;102:15; 105:5;108:20,21,22; 110:25;138:19official (1) 6:20often (5) 18:8;25:4;29:4,15; 138:11Ohio (3) 6:8;7:11;8:24old (6) 37:2;72:22; 168:17;169:21,21; 170:22once (16) 25:19,19,20;28:10; 30:19,19,20,21;43:6; 74:17,25;84:8;89:22; 117:6;138:11,13one (70) 5:23;8:11;14:9,10; 17:20,24,25;18:3,3; 22:5,9;23:22,25; 43:17;47:5,7;48:1,2; 49:2,2;52:11;53:11; 55:7;58:13;60:18; 61:25;65:18;66:9,10, 11;72:17;74:18; 75:8;87:8;91:25; 94:4,22;95:12;96:6; 97:15,22;99:24; 101:15;106:5; 116:12;122:23; 123:16;126:14; 142:16;143:7; 149:16;150:14,15, 20;151:10,13; 153:25;154:21; 158:5,7,14;163:4,20; 167:8,10,16,18; 171:5;173:14;177:7ones (7) 9:18;37:3;47:9,12; 113:1,3;138:6online (4) 8:24;9:12;10:13; 11:25only (24) 17:4,20;22:5; 46:22;47:9,12;48:4; 57:2,12;58:20;61:25; 77:10,11;87:19;91:2; 96:16,17,20;111:7;

117:6;135:20;150:6; 171:1,7open (1) 24:9open-door (1) 24:5opened (1) 108:24opening (1) 33:13operate (4) 12:24;26:9;58:12; 112:7operated (4) 24:12,21,23;25:3operates (1) 10:17operating (6) 15:6,6;17:9;58:18; 64:4,4operation (5) 20:16;26:13,17; 73:11;135:3operational (1) 72:23operations (9) 10:19;20:25; 21:13,21;28:2;29:6; 135:16;136:19; 163:10operator (46) 12:22;13:10;17:4, 19;22:22,23;24:10, 15,17;25:5,16;32:23; 50:9;51:13;62:17; 63:16;64:11,13,21; 65:5;80:5,8,13,20, 24;84:14;112:1,10, 18;115:13;118:21; 119:11,25;121:6; 148:13;154:4,17,23; 155:6,8,17,19;156:4; 176:2,3,12operators (13) 16:1,3,9,21;17:24; 22:16,16;50:1,13; 113:1,8;118:12; 119:25operator's (1) 25:9opinion (14) 111:19;132:9,10, 17,25;133:9,24; 134:7;148:5,11; 149:11;154:8; 155:13;165:13opportunity (3) 131:13;138:8; 154:23opposed (3) 61:10,17;77:21optional (2) 49:11,17

Opus (4) 70:21;71:1,3,4orange (13) 47:5,9;48:7,10,20; 62:2,5;63:1;65:10; 123:16;127:8,11,16order (8) 13:4,15;73:11; 92:23;168:5;169:1, 14,18orders (8) 18:19,22;56:12; 95:22;115:12,20,20; 116:5ordinary (1) 97:25original (1) 72:1originally (1) 82:22OSHA (33) 9:21;127:22; 128:2,4,15,22; 129:10;130:15; 131:7,13,16,18,21; 132:4,14,21;133:5, 11;134:17,18;135:2, 14,21;136:3,11,17; 137:5,13;143:18; 144:2,23;145:4,14OSU (1) 9:12others (3) 23:19;106:9;158:1out (55) 11:22;18:20;20:1; 23:11,22;29:5,7,12, 15;34:7,8;35:21,23; 36:2,9,10,12,17,22; 37:14;38:2,8,19,23; 40:2,7,15;42:25; 43:22;48:19;51:1; 53:14;60:9,14,25; 62:21;64:3;69:3; 82:10;97:9,25; 103:10;109:23; 117:10,13;121:9; 122:10;140:23; 164:14;168:22; 169:13;172:20; 174:7;176:6,13output (2) 19:17,18outside (15) 12:4;27:11;37:7; 41:14,24;46:24; 49:24;58:20;60:11; 102:12;171:21,25; 172:7,15,23over (37) 5:23;28:12;35:4, 20;39:18;40:3;41:4; 44:5,9,20;46:3,9,10,

11,12;57:2;61:7,14; 63:13;65:18,19; 70:18,22;71:2,24; 72:19;79:4;95:4,8, 14;112:14;118:5; 121:8;139:3,17; 140:9,13overhead (4) 34:21;35:3,4,5overhear (2) 83:4,10overheard (2) 82:22;85:5overview (1) 91:8own (6) 12:1;17:16;22:17; 46:6;97:12;144:4

P

Pace (1) 59:25Pacelli (3) 99:7,11;157:20packaging (1) 15:11Padua (1) 8:2page (6) 4:19;145:17; 173:17;174:9,10,11paid (1) 147:17painted (2) 69:20;157:11paper (1) 167:5parameters (2) 151:12,13Parish (3) 7:7,12,23parking (1) 88:20Parma (1) 7:11part (13) 18:24;44:22; 73:16;91:22;92:3; 121:23;125:21; 141:22;143:11; 148:7;152:4;158:11; 160:25participate (3) 75:7,9,10participated (2) 12:6;159:2particular (26) 10:10;13:9,21; 50:10;53:15;56:4; 66:14;67:3,10,14; 68:14,17;75:12; 80:13,23;87:20;

Min-U-Script® Mehler & Hagestrom (11) observation - particular



99:13;115:14,22; 119:6,6;124:21; 167:21;173:23; 176:13,14passed (2) 97:8;138:21passes (1) 151:2pay (2) 160:12,24paying (1) 63:20pedestrian (28) 112:10,18;113:5, 17,25;114:2,22; 119:17,20;121:6; 122:10;123:11,18, 24;124:8;127:17; 149:15;154:24; 176:22;177:4,10,16; 178:3,7,14,22;179:3; 180:9pedestrians (4) 112:8;113:9,13; 169:25peeled (1) 167:1Penalty (1) 145:10Pennsylvania (1) 30:5people (8) 13:21;19:14,15; 22:13;111:24; 112:14,20;160:2per (3) 84:3;127:5;131:11percent (3) 29:13,17,18percentage (2) 29:10,11perform (16) 13:4;42:23;44:24; 60:2;73:2;74:13; 84:10,11,13;93:7; 94:2;96:13,16;97:2, 6,23performed (28) 37:4;43:1;46:15; 49:21,25;51:23; 58:25;67:10;68:13, 20;69:14;70:6;73:1, 6;76:3,14,20,21,23; 77:2;83:22;90:5,8, 15,22;91:1;156:24; 157:4performing (7) 62:23;75:16; 84:21;85:13;89:6; 90:11;144:15perhaps (2) 57:25;99:19period (16)

7:14;8:10;16:10; 30:18;32:22;38:9,21; 40:11;42:24;71:17; 76:4,6,18;117:24; 119:24;154:3periodic (1) 51:22periodically (1) 30:16periodicals (1) 137:21person (17) 13:21;20:19;22:4, 5,9;75:8;85:25; 95:23;99:17;112:1; 127:21;128:1,15,21; 130:12;150:25; 177:23personally (5) 46:19,21;56:9; 137:18,19personnel (3) 20:14;28:24; 140:18person's (1) 119:7pertain (1) 53:14pertaining (11) 54:22;55:20; 118:3,4;135:21; 136:4;137:5,22,23; 140:16;145:15phone (10) 98:5,6,7;101:13, 14,22;102:6;139:6,8; 159:7photograph (5) 107:25;108:1,3,5,9photographs (8) 106:23,25;107:1,9, 10,12,18;141:15photos (4) 141:2,3,5,7physical (1) 23:8physically (4) 37:4;72:22;86:11; 118:8pick (1) 92:4picking (1) 85:25picture (1) 108:8Pictures (1) 140:17piece (1) 17:9pieces (2) 49:17;52:11Pittsburgh (2) 30:1,4

place (16) 22:21;40:23;66:2; 69:22;72:17;82:14, 20,21;88:3;116:18; 118:9;120:3;123:10; 126:2;172:9;176:1placed (11) 4:20;66:13,14,25; 67:3;110:21;123:17; 124:8;155:21,22; 170:1placement (2) 34:25;153:25places (1) 167:17placing (4) 154:14,21;155:9; 175:23Plaintiff (1) 4:2Plaintiff's (6) 23:15;30:24; 54:15;145:7;162:15; 175:10planned (1) 73:23plant (68) 10:17,19,20;20:3, 10;21:6,7,9,12,18,20; 23:23;25:6;27:11; 28:13,23;29:15,23; 30:2,3,7,9;31:24; 34:6;35:3,11;39:10; 41:2,24;42:6;59:17, 20;60:2;61:22; 65:11;72:13;100:15; 102:9,10,13,21; 105:1,1;106:8,18; 107:5,6;108:13; 112:14;122:13,24; 125:13;132:3,12,20; 133:4,13,19;134:1,4; 144:12;153:9; 170:13;171:22,25; 172:8,16,23plants (1) 30:16Plate (15) 12:25;17:20,25; 31:6,12,16;32:14,15; 61:14;62:25;63:13; 67:11;89:19,22,22plates (1) 91:20please (2) 4:8;5:21plus (3) 125:1;170:14,24pm (2) 15:24;20:8point (24) 35:12;36:8;38:11, 19,21;44:6;46:25;

65:3;66:5;70:10,17; 74:21;75:2;76:6; 82:23;86:10;90:18; 97:5;98:4;101:17; 104:17;139:5; 151:16;160:16police (1) 124:6policies (2) 100:15;172:8policy (55) 22:21;24:5,8; 62:19;63:22,24; 100:10,11,12,21; 105:25;106:4; 112:19,21;120:3,6,7, 8;121:13;122:16,18, 22,24;123:1,2,2,6,7, 9,16,23;124:6; 127:15;148:12,15; 152:8,19,22,23; 153:24;155:4,15; 158:20;161:23; 162:7,10;169:21,22, 24;170:7,23;171:2, 25;173:4,11poor (1) 125:21portion (6) 44:2;45:25; 148:16,23;152:9,15position (20) 7:20;13:6,13,16; 14:19,22;15:2;20:2, 4,6,24;21:20;25:15; 27:23;30:15;37:20; 38:5;80:20;103:14; 166:1possible (2) 41:16;77:13Possibly (2) 48:6;157:7post (1) 173:18posted (1) 173:23post-high (1) 8:20potential (6) 128:5;129:2,8,17; 130:5,19power (1) 42:1practice (1) 125:11precautions (8) 90:7,10,13,20,23; 91:12;114:22;129:13predictable (6) 128:6;129:2,9,17; 130:6,19preliminary (1) 65:23

premises (3) 81:21,22,23preparation (2) 26:22;27:1prepare (2) 11:9;27:7prepared (4) 141:22;165:17; 173:12;174:16preparing (1) 164:18presence (3) 154:5;155:9,20pressed (1) 62:17presume (11) 5:6;34:4;37:12,20; 43:15;52:8,11,17; 55:25;102:5;163:15Presuming (1) 128:12pretty (10) 15:1;39:12;62:1; 105:9;109:13;139:2, 17;144:4;171:13,15prevent (5) 110:18;147:23; 148:18;152:6;154:11prevented (4) 105:20;125:4,10; 127:14preventing (1) 124:21previous (1) 7:6previously (6) 23:14;30:23; 107:15;141:3;173:9; 175:15primary (1) 84:11print (3) 168:18;169:17,19printed (9) 166:24;168:3,5,9, 16;169:4,4,13,15prior (5) 101:6;117:20; 119:10;131:23; 166:24privilege (3) 164:21,24;165:11probably (9) 5:2;19:15;27:6; 29:17;41:22;133:17; 170:24;171:5,7problems (2) 79:13;180:2Procedure (17) 4:3;22:21;62:19; 63:22,24;106:1,4; 124:6;158:20; 161:23;162:7,10;

Min-U-Script® Mehler & Hagestrom (12) passed - Procedure



170:21,22;171:8; 172:15,22procedures (1) 172:9process (6) 4:15;85:23;89:21; 94:6;169:3;170:11processed (2) 65:20,24produces (1) 12:5product (3) 17:10;66:25; 165:11production (23) 14:23;15:4,9; 18:13,24;19:17,18; 20:12;28:25;55:4; 68:3,22,25;69:8,15; 70:7;77:5,15,17,18, 22;132:13;134:19productivity (1) 68:2program (1) 168:16programs (1) 100:5prohibit (1) 22:22project (2) 71:2,3prompt (1) 5:17proposal (3) 43:20,25;44:2provide (20) 5:5;11:10,13; 25:25;28:8,15;37:25; 41:8,12;42:10;52:8, 17;56:10,13,17;83:1; 90:24;133:20; 154:15;174:14provided (8) 4:3;13:22;43:14; 50:25;53:21;163:9; 164:13;166:22provides (2) 45:5;154:3providing (2) 55:3;163:20publications (4) 137:16;138:1,3,7pull (2) 17:16;116:5pulled (2) 103:10;164:14pulling (3) 16:2,3;115:22punch (1) 88:15purchase (7) 49:6,12;56:12; 126:18,20,21,25

purchased (12) 48:20,23,25;49:4, 13,16,18;125:17; 126:7,11;127:3,8purchasing (1) 125:22purpose (1) 4:2purposely (1) 153:15purposes (5) 9:3;54:17;145:11; 162:17;175:12pushed (2) 72:2,4put (20) 18:23;29:7;32:9; 35:19,25;38:19;39:6, 13;61:8;73:11; 74:20;109:18; 131:15;160:16; 167:18;171:8,11; 173:12;174:20; 176:17putting (2) 15:15,18

Q

qualify (4) 128:15;129:7; 151:17,18quality (2) 20:13;29:3Quarterly (5) 51:24;52:2,6,15; 57:17quite (4) 39:12;77:3; 115:17;150:4quiz (2) 85:17;136:14quotations (1) 133:15quote (2) 43:9,14

R

rack (62) 17:11;31:9;33:1,2, 4,16,23;34:9,22; 40:15,19;41:4,8; 45:7;46:6,10,23; 47:7,16;61:7,11,16, 18;62:25;63:13; 64:17,22;65:5;67:14; 93:14;94:4,5,6; 95:12;104:5,6;108:8, 10,10;149:23;150:5, 7,23;151:15;163:24; 164:7;167:12,15,16, 18,19,21;168:9,11,

13,19,22,23,25; 169:5,16;174:18racks (71) 16:2,4;17:20,20; 30:25;31:2,3,4,5,6, 21;32:3,8,9,12,13,14, 15,16,16,18;33:12, 24;34:4,17,17;35:4, 5;39:18;46:12;66:13, 14,19;67:1,3,12; 69:20;72:25,25; 73:17,18,24,25; 85:24;89:22,23,24, 24;91:6,15,19;92:24; 93:10,18,19;94:17; 95:3,24;96:4,17,21; 104:8;118:8,14; 149:7,13,20,25; 150:14;175:1;176:7ran (1) 171:19Randy (4) 99:7,11,13;157:20rarely (1) 117:18rather (1) 66:6Raymond (25) 47:6,16;49:12,16, 21;52:5;53:3,3,4,5; 54:9,23,25;55:11,16, 20,23,25;56:4,8,12, 18;103:8,10;119:25Raymonds (8) 47:5,14;48:8,10, 20;62:2,5;63:1read (8) 145:21,23,24; 146:3;180:18,21,24, 25reading (2) 85:17;145:19reads (1) 147:21reality (1) 31:19realize (1) 178:13really (19) 6:17;19:24;21:16; 32:8;35:24,25;49:1; 65:25;74:20,25;75:2; 85:11;102:16;141:1; 144:5;147:15; 153:21;157:12; 177:25reask (1) 5:5reason (8) 35:25;76:23; 77:23;99:13;124:25; 152:14;158:12,24recall (65)

25:13,14,18;38:4, 21,24;42:5;55:22; 57:20;68:15;69:23; 70:8;81:2,15,17; 82:4,8,9,9;83:9,13; 85:11,11,14,14; 88:12,14;89:2,5; 90:6,9;91:2;94:14; 97:24;98:17,22; 101:2,5,12,24; 102:18;104:3;105:6; 106:10;107:17; 118:10,11;139:12; 140:14;141:9,11,12, 15;142:15,24; 144:16,22;160:17, 18;161:18,19; 162:24;172:5,13; 173:2receive (11) 13:4,15;25:8,11; 26:16;98:12;101:14; 122:8;139:19,22; 145:2received (21) 26:12,14;66:25; 98:5,6,7;101:13; 121:17,19,25;122:4, 6,15;129:7,22;130:1, 4,4;137:17,21; 144:25receives (1) 138:7receiving (3) 66:22;142:24; 144:22recently (1) 11:6recognize (1) 142:4recollect (1) 143:17recollection (5) 43:3;83:25;88:2; 92:14;107:13recommend (3) 140:12;172:23; 180:20recommended (1) 78:21record (16) 4:9;5:12,20;11:2; 12:7;42:9;51:10; 55:6;56:17;70:15; 144:20;160:5;163:2; 166:10;175:4,8recordkeeping (1) 53:7records (21) 37:16,18,21,25,25; 52:24;53:11,14,25; 54:4,5;55:2,10,20; 56:3,7,10,11,11;

57:9;88:17reduced (1) 160:20referred (2) 31:4,6referring (6) 10:21;30:23;44:8; 63:4;142:6,8reflect (1) 11:3reflecting (1) 37:13reflectorized (2) 124:1;125:13refresh (1) 27:8Refurbished (2) 48:14;49:13refused (1) 170:4regard (3) 94:13;100:3;129:5regardless (1) 151:19regards (5) 10:16;19:25; 67:12;79:14;130:15regional (4) 30:3,6,9;99:12regulation (1) 161:24regulations (32) 9:22,25;127:22; 128:2,4,22;131:7,14, 16,18,22;132:5,14, 22;133:6,11;134:3, 10,12,16,17,18,23; 135:2,8,15,21;136:3, 11,18,25;137:5Reinhart (1) 16:17relabel (10) 72:24;73:17,18; 92:23;93:25;94:17; 95:12,19,24;96:4relabeled (3) 91:7;167:11,12relabeling (38) 75:7,16,21,24; 76:2,7,13,20;77:2,19, 21;83:15,20;86:12; 89:21;90:21,25; 92:10,12,17;93:7; 94:3,4;95:2;96:13, 20,20;97:2,7;98:1; 100:24;101:4;115:6, 15,23;118:8,14; 119:12relate (1) 53:22related (1) 144:2relates (1)

Min-U-Script® Mehler & Hagestrom (13) procedures - relates



128:22relation (3) 45:17;156:10; 174:24relocated (1) 34:6remember (80) 9:2,17;19:4,4; 42:13;43:5;52:3; 81:23;82:2;87:11,15, 18,23;88:4,4;89:7, 10,13,16,20,25;90:3, 6;92:18;93:9;94:12; 99:1,6,10;101:16,25; 102:25;103:3,6,7,8, 9;104:7;106:20; 107:10,14,19; 108:23;109:1,8,10, 13;110:2,3,5,10,16; 115:2;116:12,14,16; 117:22;118:1,7,16, 19,19;127:4,7;138:6; 139:5,8;144:25; 145:19;154:24; 159:1,22;160:22; 161:24,25,25;162:8; 169:2,5;172:20remind (1) 5:17reminder (1) 154:15reminding (4) 154:4;155:8,18; 156:4removal (1) 34:17removed (1) 34:4reorder (1) 118:12reordering (1) 115:12repair (4) 67:18,19;69:9; 118:22repaired (1) 67:14repairs (7) 57:21,22;58:21,25; 67:17;156:23;157:3repeat (1) 110:15repeating (1) 94:6rephrase (14) 5:5;10:5;24:11; 27:2;76:11;91:18; 99:20;112:5;119:15; 127:25;134:15; 155:14;163:11; 176:25replace (1) 168:14

replaced (4) 37:2;60:8,12,15replacing (4) 36:23;37:1;60:5, 18report (10) 21:1,3,5,7,8;22:13, 17;28:5,22;79:5reporting (4) 27:12;28:8,15,18reports (1) 21:23represent (3) 53:24;55:9,19request (3) 163:15;173:19,22requested (1) 99:15require (5) 30:15;69:4;71:23; 92:25;95:3required (3) 50:14;80:24;124:6requirement (2) 80:22,23requirements (2) 29:22;80:15requires (2) 80:20;152:22requiring (2) 123:16;153:25respect (15) 9:21,25;10:3,8; 21:13,21;29:9;53:17; 55:11;56:12;57:13; 97:25;107:9;127:22; 131:7response (5) 5:8,20;147:12,14; 164:25responses (5) 5:13;164:13,19; 165:1,2responsibility (1) 100:3responsible (1) 27:12rest (1) 65:22restricted (1) 94:8restriction (3) 84:5;92:8,9restrictions (18) 82:6,11,12;84:1,9, 14,20,21;87:12,14; 94:16,16;95:1;96:3, 11,13,18;97:18result (1) 157:13results (2) 41:20;56:14retag (1)

72:24retagged (1) 91:6retired (1) 14:16returned (8) 81:17,19,20,20; 106:8;107:4,5; 160:17returning (3) 81:22,23;108:14return-to-work (1) 82:5review (5) 26:21;131:13,17; 138:9;165:1rhyme (2) 35:25;76:23Richard (5) 99:22;100:23; 101:3,7;130:10right (21) 4:24;16:12;21:19; 24:1,2,4;30:14; 34:19;36:4;67:22; 76:4;84:12;86:14; 99:14;109:16; 122:25;145:23; 148:7;151:16; 180:17,23road (1) 29:20Rob (3) 20:23;21:1,8Robert (2) 14:2,4Rob's (1) 20:24role (3) 78:15,19;99:18rollers (1) 63:9rolling (1) 71:16rollout (1) 72:1room (1) 173:24Routes (1) 175:11routine (1) 51:22rude (2) 5:19;107:20Rules (1) 4:3run (16) 68:3;80:8,9,12; 171:17,21;177:3,10, 22;178:2,7,14,22; 179:3,8,14running (6) 69:15;70:3;71:19;

77:5;177:16;180:9

S

safe (7) 63:2;125:11; 133:21;176:16; 178:7;179:13;180:9safeguard (1) 122:19safely (1) 64:4safety (61) 9:21,25;10:3,8,19; 20:13;29:3;64:2; 65:10;91:12;99:18, 19,25;100:4,6,12,15, 21;116:24;122:19, 23;123:7,16;128:6; 129:2,9,13,17;130:6, 19;131:7,13,21; 132:5,14,21;133:6; 134:2,9,11,16,17,18, 23;135:2,15,21; 136:11;142:2,7,10; 145:8;161:24; 162:16;170:11; 174:17;175:18,21, 23;176:1,17safety-related (4) 11:21;12:11; 101:9;123:2Sales (7) 6:15,17;10:18; 20:17,20;29:21; 139:1sales-related (1) 11:20same (21) 4:19;5:14,25; 18:17,25;19:1;30:7; 40:19,23;43:21; 48:21,22,24;51:17; 71:13,17;72:8; 103:14;173:4,13; 179:11SAP (4) 70:20,23;71:2,9saved (1) 39:8saving (1) 39:12saw (14) 17:10;59:25; 63:12;64:8;80:6; 84:13;102:13; 103:13;104:22; 106:11,14;144:24; 145:14;174:25saws (11) 12:25,25,25;15:7, 12;35:19;63:5;66:10, 11;80:7,9

saying (8) 82:10;97:24; 127:23;133:1,2; 148:12;168:12; 179:11scheduled (1) 52:1school (5) 7:25;8:1,6,20;78:2schools (2) 8:5,6scissor (24) 92:25;93:7;96:25; 97:2,4,6,10,16,23; 103:6,13,17,24; 104:10,15,16,20; 108:1,5;146:12,14, 17;149:4;151:24Scott (1) 22:7scratch (1) 28:20second (15) 13:12;18:6,14,19; 19:2,16;67:6;88:5; 117:19;147:21; 170:3;174:3,8,11; 175:5section (2) 32:15;147:22sections (7) 32:16,18;33:1,21; 34:3,11;166:21seeing (3) 103:7;144:25; 162:24seek (1) 140:12seemed (1) 105:9sees (3) 63:18,18;100:18selected (1) 71:6selecting (1) 126:17sending (1) 172:20sense (1) 177:14sent (8) 56:25;57:10,13; 137:13,13;145:4; 160:9;165:2sentence (8) 147:21;148:2,7,17, 23;152:5,10,15separate (2) 50:24;53:7sequence (1) 168:5sequential (2) 169:14,18

Min-U-Script® Mehler & Hagestrom (14) relation - sequential



serial (1) 55:23Serious (1) 180:3services (1) 42:19set (11) 30:22;32:9;33:24; 42:14,15;46:7;76:22; 100:10;104:8;108:6; 131:18setting (1) 26:19seven (1) 97:20seventeen (2) 6:25;7:1severity (1) 158:11share (1) 172:14shared (1) 56:21shattered (1) 180:1Shaw (2) 27:15,16sheet (2) 167:8,9sheets (2) 167:5;169:8shift (69) 13:9,12;14:23,24, 25;15:4,22,25;16:5, 21,24;17:5,7,14,23; 18:5,6,14,14,18,19, 21;19:2,3,16,19,23, 23,24;21:25;22:1,17; 24:24;25:5;28:18,20; 29:4,9;50:5,7,8,14, 17,19;66:14;67:4,5, 6;75:11,17;77:4; 79:4,6,6;81:7;82:5; 86:15;87:20;88:6; 116:17,19;117:4,19; 122:13;132:2;174:2, 3,3,4ship (1) 18:20shipping (1) 66:22shook (3) 105:9;109:13; 139:2shop (2) 29:12;138:8short (2) 26:20;70:12shortly (5) 30:11;61:13;81:2; 102:5;162:1show (4) 29:25;52:2;54:3;

111:9showing (3) 38:1;138:20;173:9shows (1) 59:16shut (3) 68:2,21,24side (11) 18:3;47:16,24; 48:1,2,5;63:2; 103:20;108:9; 150:14,15sideloader (112) 16:1,3,9,21;17:4,7, 12,14,18,19,24; 22:16,23;24:10,12, 15,16,21,23;25:3,9; 26:5,9,13,17;33:7, 10;47:25;48:3;50:1, 4,10,10,12,13;52:25; 53:1,8,15,23,25;54:8, 9;56:21;57:13;59:5; 63:11,15;64:7,13,21; 65:4;98:20;112:18, 20;113:1,8,17;114:1, 6,24;115:6,13,21; 118:11,21;119:11, 17;120:10,19;122:9; 123:13;135:16; 136:18;146:10; 147:23;148:13,18; 150:7,13;151:1,19; 152:7,17;154:4,12, 16,23;155:6,8,16,19; 156:4,7;157:4; 163:10;169:23; 176:2,12,21;177:3,9, 15,22;178:2,7,14,22; 179:3,8,14;180:8sideloaders (30) 47:2;51:23;57:15, 21;58:7,8,11,15,22, 25;59:7,9;61:21,21; 62:9,14;64:3;70:2; 91:16,17,20;92:4; 111:23;112:8; 120:13;135:4,22; 136:4,12;137:6sides (1) 18:4Sigma (1) 9:16sign (1) 173:20signal (1) 62:12signature (2) 142:3,4signatures (3) 173:17;174:6,7signed (3) 171:12,18;174:1significant (2)

19:22;119:24similar (3) 19:5;130:1;173:3simple (1) 140:25simply (1) 36:23single (1) 56:17sit (9) 53:24;55:9;56:2; 80:25;162:9;170:20; 173:3;179:2,13sitting (1) 85:16situation (7) 17:13,13;64:9,14; 69:10;172:1,10situations (2) 63:15;162:16six (10) 47:18,23,24,25; 127:13;150:6,8,12; 167:7;169:8sizable (1) 150:24skylights (3) 41:1,7,12slapped (1) 167:1small (1) 149:23somebody (18) 23:1;28:24;37:9; 59:22;63:19;64:10; 91:24;95:3,12;97:13; 99:15;100:6;116:14; 133:10,12,16; 156:18;168:21somebody's (1) 100:18somehow (1) 168:17someone (22) 14:4;36:8;53:13; 56:10;63:18;66:2; 67:15;99:2;128:4; 129:16;130:10,18; 133:4;142:24;143:2; 152:20;154:17; 155:5;159:12,18; 176:3,18someone's (1) 100:16someplace (1) 160:6Sometimes (11) 15:14;17:15;18:2, 4;29:24;62:21,25; 116:25;138:13,13; 153:15somewhat (3) 76:11;78:17;129:5

somewhere (5) 34:6;37:13;45:16; 52:22;173:18sooner (1) 126:7sorry (2) 45:22;165:25sort (30) 9:7;10:7,24;11:2; 12:6;13:3;28:8,15, 21;29:22;35:2,17; 37:12;52:9;53:13; 56:24;59:8;60:2; 65:23;88:17,20; 93:22;118:20;124:7; 137:12;138:1; 139:22;140:19,25; 178:18sought (2) 139:14;140:8sound (2) 62:12;164:9sounds (1) 16:13south (3) 39:20;44:6,20Southern (1) 8:9Southfield (1) 57:8space (5) 51:2;63:7;149:7, 12;150:7spaced (1) 45:25span (1) 72:17speak (7) 5:3;6:3;12:19; 64:10;105:4;106:9, 11speaking (2) 12:18;20:7specialized (1) 178:11specific (1) 121:12specifically (1) 94:12specifics (1) 70:11speculate (2) 159:23;177:12speculation (13) 56:6;96:23; 113:20;114:4; 128:18,24;129:25; 130:8,14;150:2; 153:5,19;155:2speed (3) 48:7,9;114:1spell (1) 4:13

spend (1) 29:1spending (1) 102:19spoke (3) 104:25;106:7; 108:15spoken (1) 26:25squeeze (1) 151:1St (3) 7:7,12,23stack (1) 169:7stand (3) 71:4;80:25;82:18standards (3) 10:3,9;128:16standing (1) 146:24stands (2) 44:12;109:23start (9) 74:22,23;86:1,14, 23;88:6;89:23,24; 93:10started (6) 11:6;12:20;84:18; 89:25;120:15;166:14starting (4) 86:11;89:22; 166:17,19starts (1) 86:18State (1) 8:24stated (1) 44:8statement (4) 142:21,25;144:17, 19statements (2) 141:17,20States (1) 71:12stationary (1) 151:20stay (3) 78:4,7;87:2stays (1) 86:18step (2) 105:19;143:14steps (14) 68:16;90:20,23; 101:8,9;114:22; 115:4;119:9,16; 120:23;123:8; 124:13;125:5;142:16sticky (1) 167:1still (12)

Min-U-Script® Mehler & Hagestrom (15) serial - still



14:4,15;17:1;20:4; 32:22;105:9;117:12; 146:24;152:17; 158:15;170:20;180:7stock (8) 15:15,16,18;65:24; 66:1,3,13,17stocked (1) 66:19stone (1) 30:22stoop (2) 95:4,13stooping (2) 84:2;95:8stop (5) 100:15;110:14,18; 111:2;138:24stopped (3) 126:6;146:24; 166:14stopping (1) 166:19stored (1) 65:15story (3) 102:17;106:16; 140:21Stow (1) 44:10straight (1) 109:15strained (2) 81:3,12strike (2) 119:11,17strobe (3) 61:22,23;62:3struck (6) 113:17,25;114:6, 13,16;123:12stuck (1) 167:22studying (2) 8:12,15success (1) 9:16superficial (1) 59:3supervisor (31) 13:14;14:17,20,22; 16:22;18:5;19:7,10, 11;22:15,18;23:4; 24:24;25:6;29:4; 38:6,17;40:12,21; 64:5,9,21;75:11; 79:4;81:7,8;82:5; 116:19;122:13; 132:2;153:9supervisors (11) 21:24,25;22:1,19; 28:18,21;64:1,2; 79:23;171:20;173:21

suppose (1) 56:12supposed (3) 51:7;72:2;113:14sure (98) 5:19,24;10:5;11:5, 8,22;12:10,16;13:18, 23;16:18;31:10; 34:24;35:15,18;37:1; 41:22;42:8;45:10,11; 51:3,16;52:13,23; 53:4;54:13,25;55:17; 56:23;60:17;62:1; 65:14,16;66:7,9,17; 67:13;68:10;69:24; 72:1;75:14;76:12; 80:7,18;82:25;84:4, 24;86:2;91:19,22,24; 92:2;99:21;100:14; 107:3;108:2;110:16; 112:6;118:4;119:10, 16;120:22,23; 122:10,17;125:25; 133:4;134:2,9,11,22; 137:25;138:10,14, 15;139:18;141:21; 142:18;146:2; 148:22;149:18,21; 151:25;152:13; 158:13;161:16; 165:24;169:15; 171:12,13,15; 176:19,21;177:1,3,8, 9;180:19surroundings (6) 63:17,20;112:17; 113:12,15;120:12suspension (2) 160:12,24sweeper (1) 60:1sweeping (1) 60:3switch (2) 73:7,8Switzer (9) 99:22,23,24; 100:23;101:8; 130:10,25;142:9; 171:19Switzer's (1) 142:5sworn (2) 4:4;144:19system (19) 12:2;52:4;70:19, 22,23;71:1,3,8,9,18, 24;72:8,14,23,23; 73:12;118:4,5; 168:17Szopo (3) 13:25;14:1,16S-Z-O-P-O (1)

14:2

T

taker (1) 108:8talk (11) 23:3;57:21;81:22; 108:19;109:2;140:1; 142:12,13;144:11, 14;174:17talked (7) 51:21;57:16; 64:24;123:9;143:15; 144:7;150:4talking (14) 5:23;38:14;40:9; 44:17;48:4;54:4; 60:20,21;62:11; 105:7;110:7;123:1; 136:18;173:11tall (2) 66:8;93:20taller (1) 66:9tape-recorded (1) 143:8target (1) 71:18task (11) 13:4;84:21;90:5,8, 11,14;91:9;94:1; 96:20;97:23;144:14Ted (1) 16:11telephone (1) 159:2telling (12) 4:24;69:16;86:21, 21;94:12;110:2,10, 16;139:6;148:12; 165:8,9ten (3) 18:1;123:9;138:14tenure (2) 16:23;67:7term (6) 38:2;127:21,24; 128:1,13;151:10terms (7) 15:1,3;19:13; 50:12;73:14;94:14; 102:2test (4) 26:20,20;44:17,25tested (3) 42:25;61:7;108:17testified (5) 107:11;110:23; 111:15;151:23; 158:19testimony (12) 31:2;96:7;97:15;

104:9,16;107:8; 111:3,9,15;135:20; 136:1,2testing (10) 10:15;35:23; 44:15,16;46:15,17, 18,21,22;61:17Thereupon (8) 51:9;54:15;70:14; 145:7;162:15;166:9; 175:7,10thin (1) 164:14third (16) 15:22;16:5,21,23; 17:23;18:14;19:3,5, 16,23;67:6;77:4; 108:6,10;151:16; 174:4Third-shift (12) 13:14;14:17,21; 16:9,22;19:10;38:6, 17;40:12,21;174:9, 11though (2) 43:24;162:5thought (13) 39:7;41:23;69:12; 83:6;94:22;106:16; 114:2,21;115:19; 116:2,8;125:10; 162:4three (14) 9:14;21:24;40:8; 45:13;48:4;84:3; 121:10;127:13; 160:14,19,20; 168:12,14,24throughout (5) 10:14;16:23; 35:11;67:7;120:25thus (1) 147:25ThyssenKrupp (46) 6:17,21,24;7:5; 10:10,22,25;11:12; 12:3,5,20;17:1; 24:21;26:10,14,16; 28:1;37:6,10;47:2; 52:21;53:25;55:11; 56:3,22;57:23;58:2, 5,10,13;62:19;70:18; 78:5,9,16;79:9,23; 80:3;99:17;118:20, 25;119:1;120:15; 128:14;163:1,5ThyssenKrupp's (2) 12:1;53:6Tim (1) 16:17time-consuming (1) 73:15times (13)

16:23;17:6;18:1; 24:22;25:17;26:3; 78:6;97:20;113:10, 14;121:5;138:14; 153:16title (11) 11:17;12:21;17:6, 7;20:24;21:20; 27:23;38:5;50:20; 80:4;166:1titled (1) 173:11titles (1) 9:17today (9) 4:19,21;5:12; 12:19;20:4;162:9; 170:20;179:13;180:8told (21) 74:23,24;84:25; 92:20;95:1;97:13,16, 17,22;109:8,10,11, 22;111:3,10;139:2, 12;144:20;153:2; 158:24;163:16took (12) 8:23,24,25;9:3,12; 24:19;72:16;105:14; 107:1,4;141:15; 152:5top (5) 32:2;48:7,9;93:18; 94:5topic (1) 36:20topics (3) 28:9,21;134:23total (2) 24:20;127:11touch (3) 4:17;78:4,7touched (1) 12:12tow (4) 120:12;121:4,7; 136:11toward (1) 117:11towmotor (2) 91:23;120:14trade (3) 8:5;29:24;137:15trained (4) 85:9,12;86:13; 113:9training (61) 9:21,24;10:2,7,21, 24;11:4,7,11,18; 12:7,9,11;13:3,5,15, 17,18,22;25:8,11,17, 23;26:5,12,16;50:24; 86:14,19;87:3;89:3; 100:4;120:10,11,11,

Min-U-Script® Mehler & Hagestrom (16) stock - training



14,17,19,20,21,24; 121:3,8,12;129:7,12, 21;130:1,2,3,24,25; 131:6;153:12;163:5, 9,12,17,21;178:12,18transcript (3) 180:18,21,24transmitted (1) 56:21travel (1) 29:22treatment (1) 139:22trial (1) 65:23Tri-C (1) 8:25trick (1) 4:23tried (8) 37:14;38:1,18; 40:2,7,15;43:22; 60:25truck (3) 18:20;136:19; 137:6trucks (6) 14:24,25;18:23; 19:25;120:13;136:4true (3) 111:4,16;113:7trust (1) 11:16truthful (1) 5:8truthfully (2) 4:21;110:23try (11) 4:22;5:24;11:9; 30:21;35:21;36:9,16; 38:8;43:18;109:12; 170:16trying (10) 5:1,18;35:2;36:2, 22;51:12;107:20; 121:9;136:16;151:11try-to-calm-him-down (1) 109:21turn (2) 33:8;71:2twelve (2) 32:4;33:17twice (2) 25:21;28:10two (31) 17:23;23:24; 28:20;29:25;30:19; 32:16,18;33:1,12,18, 21;34:10,15,16;47:5, 9,14;48:7,10,20; 62:2,5;81:18;83:6; 93:17;104:9;121:9; 126:13,21;156:14;

168:25two-year (1) 8:14type (10) 11:4;25:23;38:23; 43:21;73:10;83:19, 25;109:21;157:7; 169:17typed (1) 180:18types (3) 38:12;57:18;60:15typically (6) 15:23;16:1;18:25; 68:19;91:16,20

U

Ultimately (1) 43:24unable (1) 180:7unclear (1) 5:4under (8) 4:20;47:18,23; 87:14;110:22,23; 133:20;141:25understood (2) 5:7;98:18underwent (1) 11:4unfortunately (1) 43:11United (1) 71:11unless (1) 149:22unwritten (16) 120:8;121:13; 122:16,18,22,23; 123:1,2,8;148:15; 152:8,21;155:4,15; 169:21;170:22up (33) 5:3;6:3;12:19; 33:9,18;38:19;39:6, 6,14;42:14,15;52:2, 5;56:25;57:10; 71:18;72:7;85:25; 92:4;93:18;94:5; 100:9;105:9;109:14; 121:10;139:3; 140:21;141:2;157:2; 158:5;169:1;171:12; 180:18uprights (1) 108:7upset (2) 139:17;140:2use (11) 63:16,19,21;65:18; 89:12;92:25;97:4,16,

23;127:15;133:14used (14) 44:19;47:7,10; 48:13;62:20;65:15, 17,22;66:1,5;91:17, 20;128:8;138:23using (10) 64:8;70:21;71:1; 93:7;96:25;97:1,6, 10;113:3;151:10usually (12) 10:16;20:8;67:5, 17;92:3;100:7;113:2, 4;116:19,23,25; 117:9

V

vacation (1) 28:24vacations (1) 18:10varied (1) 120:25various (4) 15:7;16:23;17:6; 35:10vary (1) 29:13vendor (2) 37:7,15verbalize (2) 5:13,14verbiage (2) 171:13,17verify (1) 100:14version (3) 142:17;143:3,10versus (3) 11:20;29:11; 169:24vest (2) 124:1;127:5vests (4) 125:13,23;127:3; 170:1vice-president (2) 27:24;28:2video (3) 26:18,20;163:18videos (1) 121:4videotapes (2) 10:15;13:19view (3) 175:23;176:2,13violate (2) 158:19;162:6violated (4) 105:25;106:5; 161:23;162:10violating (1)

100:21violation (1) 147:21visits (1) 29:24vocational (1) 8:6

W

waist (2) 96:5,21wait (3) 67:24;68:19; 170:24waive (1) 180:23walk (2) 40:18;91:22walked (1) 102:15walking (2) 91:25;112:14wall (5) 33:3,5,8,23,25Wallingford (1) 27:20warehouse (24) 20:16;21:13,21; 22:14;23:12,16;35:7, 14;43:21;45:2;59:4; 60:21;62:24;65:11; 82:19;83:12,17,20; 119:1,2;120:20; 147:22;166:2;175:10warning (6) 62:9,11;66:6; 90:19;154:4,16warnings (1) 86:6watch (1) 163:18watching (1) 121:4way (31) 4:24;5:2,22,23; 26:21;33:8;49:1; 63:11;66:7;75:20,24; 79:2,19,24;87:8; 93:18;94:22;96:6; 104:11,17,19;144:4; 146:19;150:13; 151:13;152:18; 159:16;169:13; 171:1,6,7ways (1) 171:5WCC (6) 23:18;82:15,17,18; 119:5;131:18wear (1) 123:25wearing (1)

170:1week (8) 30:19;40:18;52:6; 72:17;76:8,19; 110:21;117:7weekend (10) 67:24,25;68:1,3, 14,20;69:15,21;70:2; 77:5weekends (5) 68:6,7,21;77:13,14weekly (1) 57:19weeks (3) 30:20;74:10,11weight (3) 80:14;84:4,6weren't (2) 86:21;97:15what's (6) 23:14;30:23; 107:15;138:17; 173:9,10whole (6) 32:9;39:10;41:24; 43:10;133:15;162:3whole-house (1) 73:3who's (1) 138:20whose (4) 36:15;157:18; 175:20,22wide (5) 71:11;137:14; 172:17,24;173:5width (2) 33:16;34:9wife (1) 68:12wise (2) 74:15;133:3within (18) 7:20;9:14;10:19; 11:7;39:22;40:5; 41:22;71:11,17; 72:17;82:12;84:20, 21;93:17;96:18; 108:4;156:14,16Without (6) 33:12;65:6;95:7; 125:1;160:12,24WITNESS (1) 180:25witnesses (2) 6:16;104:10Witovicz (1) 22:11W-I-T-O-V-I-C-Z (1) 22:11Word (8) 61:5;121:3;122:3; 135:7,7;136:12,13;

Min-U-Script® Mehler & Hagestrom (17) transcript - Word



137:9worded (1) 5:2words (1) 140:19work (83) 7:5,6,12,24;29:19; 37:4;39:5;52:9; 56:20;57:12;59:7; 68:6,6;71:23;73:15; 74:3;75:13,16,17,21, 25;76:3,7,13,20; 77:2,13,19,21;78:5; 79:15;81:4,17,19,20, 20;83:12,15,16,19, 21;84:23;85:12,13; 86:8,12,18,23;87:4, 17,20;88:22;90:21, 25;92:10,13,17;93:8; 94:16;96:13;97:7; 98:1,7;99:16;100:24; 101:4,11;102:3; 114:23;115:15,20, 23;116:20;117:7; 118:7,12;119:12; 156:23;157:4,7; 160:17;165:11; 166:14worked (8) 7:14;13:9,12; 16:10;32:6,7,10; 37:10worker (6) 75:12;115:5,14,22; 118:13;119:11workers (6) 15:6;24:6;27:7; 75:13;100:14;120:9working (17) 7:23;14:16;19:2, 13,14;26:10;67:16; 69:3,24;70:1;78:8; 111:24;112:21; 120:1,15;148:13; 169:10workload (3) 75:10,12;76:24workplace (7) 10:9;129:3,9,18; 130:6,20;133:21worry (2) 109:15,16write-up (1) 159:1writing (3) 43:14;171:8,11written (10) 63:22;120:6,7; 142:21,24;144:17; 160:3;164:12;165:2; 172:14wrong (5) 159:17,19,25;

160:1;162:2wrote (3) 142:14;159:22; 173:15

Y

year (6) 8:3,11,22;30:13; 39:22;138:25years (21) 6:10,25;7:1;8:22; 9:14;10:14;11:7; 18:2;41:23;61:1; 77:25;78:1;120:25, 25;121:1,2,10;125:1; 153:10;170:14,24yellow (2) 47:6;53:4

Min-U-Script® Mehler & Hagestrom (18) worded - yellow

Documents

In The Matter Of: Bruce R. Houdek v ThyssenKrupp Materials ...media.cleveland.com/business_impact/other/Depo...Bruce R. Houdek v ThyssenKrupp Materials NA Inc., et al. Joseph Matras