`
`Vitae
`James E. Maness
`Industry and Safety, Health, Environment and Operations Consultant
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`Feb. 18, 2015
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`Education:
`B.S. Mechanical Engineering
`University of Maryland
`January 1972
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`Work History:
`July 2003 to Present time I serve as a Grain and Food Industry expert on wide variety of
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`technical matters relating to grain operations and equipment and safety, health and
`environment matters. I provide consultant design and operational services as well as safety
`services to various industries with a specialty on grain, processing, manufacturing and food
`related industries on an as needed basis. I have written articles for the Grain Journal
`Magazine, Decatur, IL. I have conducted over 400 facility assessments for equipment usage
`and proper maintenance and best practices associated with their usage. I also focus on
`safety and explosion prevention and environmental matters for grain elevators, soya
`processing, flour and corn milling, feed milling operations, and worked with industrial
`manufacturing and chemical plants. I have been involved in hundreds of technical matters
`regarding grain operations including equipment usage and effectiveness, grain bin entry and
`reclaim issues, air emissions and dust control and mobile vehicle fall protection, electrical
`usage and classification as related to OSHA regulations and industry practices with OSHA,
`EPA, FDA, USDA and others.
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`1984-July 2003 Retired as Corporate Safety & Compliance Officer for Bunge North America,
`St. Louis, MO and Assistant Vice President with Bunge North America, Inc. (19 years), Safety,
`Environment, and Security. I was the manager of the Operations and Standards Division,
`OPSTAN, for Bunge. I Managed or advised on operational matters, equipment and designs,
`safety, security, environment, grain quality issues, government contacts with OSHA, EPA,
`FDA, DOT, USDA and others for over 100 locations where my technical specialties would
`assist. I operated a training center for the company to train over 800 managers and key
`personnel at Bunge locations for a 10 year period. The training involved operations of grain
`handling equipment usage and practices, and effective maintenance on equipment and
`regulatory compliance. Training was provided on the use, maintenance and operations of
`screw conveyors (augers), drag conveyors, belt conveyors, bucket elevators and other
`handling equipment. Safe operating procedures were taught for many critical grain
`operations. I also reviewed and approved plans as a part of a Bunge design team for
`construction and installation of new handling systems from individual equipment additions to
`designing of a new facility. Met with equipment suppliers and discussed design needs for
`conveyors and bucket elevators and other equipment critical to operations.
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`1974-1984 Director of Technical Services for the National Grain & Feed Association (NGFA)
`was responsible for safety and health programs, grain grades and weights issues,
`environmental quality concerns, research, energy conservation and various engineering and
`technical programs. Directed the industry research program for 6 years into the causes and
`prevention of fires and explosions in grain handling facilities. Gave testimony before
`Congress on industry and technical matters and worked with various agencies on issues
`affecting the industry including both elimination of grain bin entry engulfment and equipment
`entanglement concerns and explosion prevention.
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`Sioux Steel, Exhibit 2002, Prairie Land v. Sioux Steel, IPR2016-01873, Page 1
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`Feb. 18, 2015
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`1967-1974 Research Engineer, National Bureau of Standards, Gaithersburg, MD, Consumer
`Product Safety Research, High Temperature Measurements, lighting standardization groups
`during my employment. Wrote technical papers and reports on conducted research.
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`1963-1967 Served as a Nuclear weapons specialist on the Atlas Missile program and B 52’s
`Operations while serving in the U.S. Air Force.
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`Memberships:
`Chairman of the NGFA Safety, Health & Environmental Committee, 1987-2003, and helped lead
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`industry efforts on responding to OSHA and EPA regulations affecting the grain industry. (1987-
`2003). Initiated a program to educate industry on avoiding engulfment in grain and safe
`operations of bin reclaim equipment such as clean out augers.
`The American Society of Mechanical Engineers (life time member, 1972-present), ASME.
`(ANSI/ASME B20.1 Committee on Safety of Conveyors and Related Equipment) 1975-2002.
`National Safety Council, 1984-2003.
`National Conference on Weights & Measures. (1976-2005)
`The American Society of Safety Engineers (ASSE). (1972-2004)
`The Grain Elevator & Processing Society (GEAPS) (Member of Safety, Health and
`Environment Committee). (President of GEAPS Mid-South Chapter)
`The National Fire Protection Association. (1986- Present)
`National Grain and Feed Association (Bunge representative from 1987-2003) currently serve
`as consultant on safety, environmental, regulations and operational concerns.
`NFPA technical committee on Agricultural Dust- NFPA 61, Standards for the Prevention of
`Fires and dust Explosions in Agricultural and Food Products Facilities. (1986-Present)
`NFPA Technical committee on handling and conveying of dusts vapors and gases for NFPA
`91, NFPA 654, NFPA 655 and standards for other combustible dusts. (1986-2008)
`Registered Environmental Manager through the National Registry of Environmental
`Professionals. (1996-2003)
`• Directed the industry research efforts of NGFA’s Fire & Explosion Research Council 1978-84 (41
`studies completed on the causes and prevention of dust explosions). Also as committee chair I
`oversaw research on grain engulfment by Purdue University for the NGFA 1995-98).
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`Publications and papers:
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`Presented many papers and presentations during my career on all aspects of grain operations,
`equipment needs and design, safety and health, loss control, and environmental matters in the
`work place to grain companies, grain related industry organizations, and governmental groups.
`Primary presenter at regional seminars on the grain handling safety standards and other critical
`issues through NGFA in conjunction with state and regional grain organizations in Montana,
`Indiana, Texas, Pennsylvania, Iowa, Colorado in April, May, and June of 2012 with others taking
`place in 2013 and 2014. Topics covered in the seminar were: Confined Space and Grain Bin
`Entry practices during reclaim operations with conveyors and related issues, fire and explosion
`hazards and their control, personal protective equipment (PPE) and Respirator Usage, Fall
`Protection systems; Lockout and Tagout and Electrical work practices.
`Presented papers at the July 2004 NGFA/GEAPS Safety and Security Seminar held in Kansas City
`regarding grain engulfments during bin reclaim, having an effective safety and training program
`to avoid serious accidents such as dust explosions, falls and other issues.
`• Made a presentation to USDA Warehouse Examiners meeting on grain bin entry and safety in
`Omaha, NE, Sept. 16, 2004.
`Paper on “Reducing risks of entrapments in grain Storage Structures”, by James Maness and
`Thomas C. O’Connor, A grain and feed Operations Bulletin, publish by NGFA, Dec. 30, 1997.
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`Sioux Steel, Exhibit 2002, Prairie Land v. Sioux Steel, IPR2016-01873, Page 2
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`Feb. 18, 2015
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`• Organized the first industry conference on grain elevator design and served as the Technical
`editor for the publication and author of a chapter in The NGFA book on a practical guide to
`Elevator design, 1979.
`Author a chapter in the NGFA conference proceedings on Retrofitting and constructing Grain
`Elevators, The Fire and Explosion Research Program, September 1984.
`Entering Grain Bins Safely and conducting safe reclaim operations, GEAPS Corn Belt/Hoosier
`Annual Mini- Convention, Nov. 18, 2004.
`Presented paper on the “Grain Industry’s approach to dust explosions” at the NFPA symposium
`on “Dust Explosion hazard Recognition and control: New Strategies”, held in Baltimore, MD, May
`13-14, 2009.
`Authored an article on Bucket Elevator Safety, Grain Journal, and p. 98-99, July/August 2003.
`Authored Chapter on fire and explosion prevention for Storage and Handling of Grain Mill
`Products in the 18th, 19th and 20th editions of the National Fire Protection Handbook, 1997, 2003,
`and 2008.
`Presented papers at the July 2002, NGFA/GEAPS Insurance, Loss Control and employee
`protection Seminar, St. Louis, MO, "When the Unthinkable Happens" and "Elements of Loss
`Control –Fire Protection".
`Presented papers at the July 2000, NGFA/GEAPS Safety Health an Environmental Compliance
`Seminar, Overland Park, KS, ‘Dealing with Dust Explosions”, “Having an effective Safety
`Program”.
`Presented a joint paper in March 1999 to the US EPA/State second Annual Air Inspectors
`workshop, Arlington, TX, “The Environmental Aspects of Grain Handling”. J. Maness and H.
`Reese.
`Presented a paper on “Identifying Injury Trends In The Grain Industry”, Proceedings of
`GEAPS Exchange 1997.
`Presented a paper on the ABCs of Dust Explosions, Proceedings of GEAPS Exchange 1999.
`Presented a paper on Safety Incentives and Worker Involvement, Proceedings of GEAPS
`Exchange '91
`Technical editor for the publication and author of a chapter in the NGFA book on Dust Control
`for Grain Elevators, May 1981.
`Industry views on the problems of grain Elevator explosions, the National Academy of Science
`International Symposium on Grain Elevator explosions, 1978
`Speaker at the International Symposium on Grain Dust held at Kansas State University in
`Manhattan, Kansas. 1978
`Presented a paper on How to Be Prepared when OSHA knocks, Milling Journal, 4th quarter 2004
`for the U.S. grain milling and feed industry.
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`Legal Appearances:
`Expert witness for Perdue Grain and Oil seed, LLC Maryland, OSHA vs. Perdue Grain and
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`Oilseed, LLC, MOSH Case # V6519-022-10, Maryland Review Commission, Administrative
`Law Judge David Hofstetter, Aug. through Oct. 2010. Court Trial witness. Appeared on
`behalf of Defendant regarding bin entry and use of augers.
`Expert Witness for Consolidated Grain and Barge, Manville, Louisiana, Secretary of Labor,
`U.S. Department of Labor vs. Consolidated Grain and Barge, OSHA Review Commission,
`OSHRC Docket No. 10-0765, Held in St. Louis Court, Oct 2011. Deposition and court trial.
`Appeared on behalf of Defendant regarding the use of augers.
`Expert Witness for Consolidated Grain and Barge, Manville, Louisiana. Whitebread v.
`Haasbach LLC. Consolidated Grain and Barge Co. et al¸ at a deposition and testified in the
`fifteenth Judicial circuit, Circuit Court of Carroll County, IL. Feb 2014. Appeared on behalf of
`Defendant regarding engulfment fatalities during grain reclaim.
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`Sioux Steel, Exhibit 2002, Prairie Land v. Sioux Steel, IPR2016-01873, Page 3
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`Feb. 18, 2015
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`Expert witness for the defendant Patrick O’Connor vs. Maplehurst Farms, etal. at a deposition
`for the circuit Court of the 17th Judicial Circuit of Winnebago County of the State of Illinois.
`Deposition March 2014, regarding a hand injury when caught in an auger.
`Expert witness Deposition for Zurich Comania de Seguros, S.A. DE C.V. and Crawford-THG
`Mexico, S.A. DE C.V. vs. Gruma Corporation, Civil Action M-020CV-246b. U.S Dist. Court for
`Southern District of Texas McAllen Division, September 26, 2003. Regarding avoiding the
`mixing of genetically modified grain.
`Expert witness Deposition for AGP in case no. 2-05CV-092-J, Torres V. AGP, U.S Dist. Court
`for Northern District of Texas Amarillo Division, October 14, 2005. Appeared on behalf of
`Defendant a fall from a railcar .
`Expert witness Deposition for Steve Schrolucke, Clyde Wessel , et al. v. Augalize Farmers’
`Cooperative, Inc., in case #2005-CV-0103 and case #2004-CV-148, Common pleas court of
`Auglaize County, Ohio, January 25-26, 2006. Appeared on behalf of Plaintiff regarding
`injuries from a dust explosion.
`Expert witness Deposition for ConAgra Foods, Welch et al v. ConAgra Foods Inc., Case No.
`20:5 CV 440, U.S. District Court, Southern District of OHIO, Eastern Division, October 10,
`2006. Appeared on behalf of Defendant regarding a dust explosion.
`Expert witness Deposition for Effingham Clay, Greuel v. Effingham Clay Services v. North
`Dakota Grain Inspection Services, INC., d/b/a Illinois Grain Inspection, Illinois Central
`Railroad Company, and Canadian National Railway Company d/b/a Illinois Central Railroad
`Company, Circuit Court for the fourth Judicial Circuit Effingham County, Illinois, January 24,
`2007. Appeared on behalf of Defendant regarding a fall from a railcar.
`Expert witness in the trial of Steve Schrolucke, et al. v. Auglaize Farmers’ Cooperative Inc.
`Defendant Emerson Power transmission and Timken Bearing in the Common pleas Court,
`Auglaize County, Ohio, March 6, 2008. Appeared on behalf of Plaintiff regarding the cause
`and origin of a dust explosion that resulted in injuries.
`Expert witness Deposition in the Gary Albert, et al v. Peavey company (now ConAgra Foods,
`Inc., by virtue of merger, US. Court for the Eastern District of Louisiana, Civil Action NO. 04-
`1611, July 14, 2008. Appeared on behalf of Defendant regarding dust control and exposure.
`Expert Witness for Nationwide Agribusiness Insurance Company vs. SMA Elevator
`Construction, Inc., et al, Case No. 5:09-CV-04002, in US District Court for the Northern
`District of Iowa Central Division. Deposition in January 2011. Appeared on behalf of Plaintiff
`regarding the cause and origin of a facility explosion.
`Expert witness for the Plaintiff vs CPM ACQUISITION CORP., etal testified in the trial held in
`the Iowa District Court in and for Webster County in June 2014. Case no. CL121301.
`Regarding a hand injury in a roller mill.
`Expert witness for the plaintiff All points cooperative and nationwide Agribusiness Insurance
`vs. Frisbee construction co., et al. for the District court of Douglas County, Nebraska,
`regarding an explosion that occurred in 2010. Deposition given Oct. 30, 2014.
`Expert witness on behalf of Richardson Int’l and Natiionwide Agribuisness Insurance Co. vs.
`Buhler. Inc. in the US District court for Nebraska, case no. 8: 14CV-0014, December 5, 2016.
`The case regarded a fire due to improperly design of oven with a product conveyor used to
`dry a grain related product.
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`• Other legal appearances were prior to 2003
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`Awards Received
`• Outstanding Lifetime Service award from the National Grain and Feed Association, for service to
`NGFA and the grain Industry 1974-2003.
`• Outstanding leadership, Chairman’s Award, NGFA 1993
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`Sioux Steel, Exhibit 2002, Prairie Land v. Sioux Steel, IPR2016-01873, Page 4
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`Feb. 18, 2015
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`Industry Leader Award, Grain Elevator and Processing Society GEAPS International, 1999, First
`Recipient.
`• Member of Mechanical Engineering Honorary Fraternity, Pi Tau Sigma. 1971.
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`Lifetime member of American Society of Mechanical Engineers, ASME and the GEAPS.
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`Representative to the National Fire Protection Association, NFPA committees on Behalf of
`GEAPS such as NFPA 61 and 91. Since 1985.
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`MR 512464v1
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`Sioux Steel, Exhibit 2002, Prairie Land v. Sioux Steel, IPR2016-01873, Page 5
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