Request for Production to Defendant

REQUESTS FOR PRODUCTION TO DEFENDANT, SET ONE

IN THE COURT OF COUNTY

STATE OF

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Vs. )

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NO.

Plaintiff requests that the Defendant, produce the following documents and things:

DEFINITIONS

1. The term “documents” means: all writings of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise, and whether printed, recorded, created or reproduced by any mechanical means or process, or written or produced by hand, including, but not limited to:

agreements; contracts; drafts of agreements or contracts; written material referencing oral agreements or contracts; confirmatory memoranda; letters of intent; orders; purchase orders; communications; messages; correspondence; personal calendars (whether written electronically or computerized); letters; postcards; telegrams; teletypes; telefax; mailgrams; tape recordings; memoranda; diaries (whether written, electronic or computerized); summaries; notes or other typed or written records; files; intra-office and interoffice memoranda and communications; personal memoranda; photographic slides; pictures; motion picture films; photographic film; microfilm; microfiche; newspapers; magazines; charts; graphs; drawings; bookkeeping entries; account summaries or statements; financial statements; balance sheets; invoices; bills; orders; receipts; bank record of all types; notes of interviews; statements of witnesses; findings of investigations; reports of experts who are expected to be called to trial; materials furnished to experts expected to be called to trial, cassettes; micro cassettes; computer discs; pamphlets; bulletins; posters; blueprints; drawings; recommendations; safety books; safety manuals; written or printed warnings; test results; opinions or conclusions from test results or investigations; and letters.

2. “Identify”, when referring to a document request, means that the following information be supplied:

a. A description of the document;

b. The date of the document;

c. The name or names of any individual who may have authored the document or provided information for the document;

d. The name or names of any individual to whom the document was sent;

e. A general description of the subject matter of the document; and

f. The name or names of any person who sent the document.

3. “Identify”, when using reference to a person or company or entity, requests that the following information be supplied:

a. The correct name and address of that person or entity;

b. The correct name and address of that person’s employer and job title if reference is made to that person;

c. If the information requested contains the name of a person that is no longer employed or associated with Defendant then Defendant or its attorneys should supply not only the correct name and last known address of that person but that person’s date of birth, social security number and last known employer; and

d. If the interrogatory requests the identity of an entity whose name has changed, then supply all names that are necessary to understand such change.

INSTRUCTIONS

1. Wherever information is requested, the request should be deemed to include information available to this Defendant, its past and present insurance carrier or carriers, its attorneys and all officers, agents and/or employees of this Defendant.

2. Should this Defendant deem any documents to be privileged, Defendant shall list such documentation in the manner above indicated, and in addition to supplying the above-noted information concerning such documents, Defendant shall indicate what privilege is claimed and shall briefly state the ground on which the claim of privilege rests, in order that the Plaintiff may have the factual basis to determine whether or not such documents are, in fact, privileged.

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1. The personnel file of the Plaintiff, which would include all criticisms, warnings or reprimands.

RESPONSE:

2. The results of any OSHA inspections or OSHA citations or documentation relating to OSHA inspections pertaining to the premises of any facility for the last ten (10) years.

RESPONSE:

3. Any Hazard Communication Standard adopted, written or used by for any of its facilities that was in existence or that has been used for the last five (5) years.

RESPONSE:

4. Any document that discusses or focuses on any OSHA rule that deals with establishing a work place program and communicating information to workers about the hazards associated with chemicals or chemical containers used or on the premises of any facility.

RESPONSE:

5. Any OSHA publication that deals with chemical hazards communication or training workers about on site chemical hazards and/or containers containing chemicals or hazardous materials.

RESPONSE:

6. Any written program that was used by over the last five (5) years to provide information to its workers about the use of hazardous chemicals which include but is not limited to the handling, transferring or disposal of hazardous chemicals.

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7. For the years to date, production is requested of any document kept or generated as a result of any OSHA requirements that list hazardous chemicals in the workplace at any facility.

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8. Production is requested of any document that evidences any survey of the workplace to determine hazardous chemicals, that was in existence before this lawsuit was filed.

RESPONSE:

9. Production is requested of the material safety data sheets for the drums that were removed by the Plaintiff from any facility or premises of .

RESPONSE:

10. Production is requested of the material safety data sheets for the other drums that were left at the facility of and not taken by the Plaintiff and which were in the same locale as those which were removed by the Plaintiff.

RESPONSE:

11. Production is requested of any warnings that were in your position before this lawsuit was filed that apply to the drums or what they contained, which were removed by the Plaintiff for disposal.

RESPONSE:

12. Production is requested of any written plan which describes how will implement a hazard communication program for its workers.

RESPONSE:

13. Production is requested of any document obtained from any trade association or professional group that provides recommendation about sample programs or other assistance materials for the institution or implementation of a hard communication program for workers.

RESPONSE:

14. The results of any OSHA inspections of your workplace for compliance with the Hazard Communication Standard.

RESPONSE:

15. Any document that explains or discusses what was in the drums that were removed by the Plaintiff.

RESPONSE:

16. Any document that explains what was put in the drums or stored in the drums which the Plaintiff removed.

RESPONSE:

17. Any document that explains or sets forth what or its employees are to do if a warning label comes off or is removed from one of the drums which the Plaintiff took for disposal.

RESPONSE:

18. Copies of any MSDS (material safety data sheets) supplied by the manufacturer or seller or distributor for the drums which were taken by the Plaintiff for disposal.

RESPONSE:

19. Any document which would identify the manufacturer and seller of the drums and material contained therein, which were removed from the Plaintiff from the work site for disposal.

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20. Plaintiff requests inspection of any binder or file currently kept, before this lawsuit was filed, in a central location for workers? access containing MSDS regarding hazardous materials at the work site.

RESPONSE:

21. Any document which reflects any safety meeting attended by the Plaintiff.

RESPONSE:

22. Any document which reflects safety meetings for employees which discusses hazardous chemicals, removal or fire hazards associated with hazardous chemicals on the employer’s work site for the last five (5) years.

RESPONSE:

23. Any document which outlines any training program to ensure that workers comprehend and understand the hazards of chemicals that they work with or are exposed to on the premises of .

RESPONSE:

24. Any written job description for any person who for the last five (5) years was responsible at for:

(a) Conducting training about hazardous materials on the work sites;

(b) Labeling hazardous materials on the work site;

(c) Insuring that hazardous materials were disposed of properly;

(d) Was responsible for inspecting the work site to identify hazardous materials;

(e) Preparing and implementing a Hazard Communication Program;

(f) Establishing a Hazard Communication Standard.

RESPONSE:

25. Any written program made available to employees which communicates information about hazardous chemicals on the premises or work sites of .

RESPONSE:

26. Any photographs of the barrels removed by the Plaintiff for disposal.

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27. Any photographs of barrels remaining on the premises of .

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28. The results of any investigation of Plaintiff’s injury.

RESPONSE:

29. Any photographs or videotapes of the Plaintiff.

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30. The results of any investigation of Plaintiff which existed before this lawsuit was filed.

RESPONSE:

31. Any contract or agreement between and any other entity or individual which pertains to inspection of the premises or work sites for hazardous material; the identifying of hazardous materials; compliance with OSHA requirements regarding labeling and use of hazardous materials and exposure by workers; and/or inspection of work site for safety and safe working conditions for employees.

RESPONSE:

32. Regarding the drums that were taken by the Plaintiff, produce any document that accompanied the drums at the time of delivery.

RESPONSE:

33. Regarding the drums removed by the Plaintiff from a premises, produce any documents that were furnished with the drums at the time that acquired them.

RESPONSE:

CERTIFICATE OF SERVICE

I, , do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to , at the following address;

THIS the day of , 20.