Document 1gOp0y3Vv7JJ81XX4n6w1kxJo
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1 lawyers talk all day, and you take two aspirin,
1
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Now, the way this worked was that they
2 hopefully, your headache is going to go away.
2 assumed everybody worked an eight-hour day, so you
3 If you take 10 aspirin, your headache is
3 could have peaks and valleys of exposure.
4 going to go away, but you are going to have a
4 You might have high exposure when a product
5 stomachache. If you take 100 aspirin, you are
5 is being sawed. You may virtually have no exposure
6 probably going to kill yourself.
6 when it was simply being placed on a piece of
7 That is what we are talking about. The
7 pipecovering or on a long run of pipe.
8 threshold just doesn't apply to asbestos. It applies
8
Like Mr. Shellenberger told you, you only
9 to medications, dust, fumes, gases, liquids used in
9 have to cut it and really manipulate it when you get
10 the workplace.
10 to the end and there is a bend.
11 And examples of it would include your
11 So you are going to have, you know, time
12 exposures to lead or arsenic or things like that. You
12 periods when your exposure is going to be low and time
13 always try to keep the level of exposure of things
13 periods when they are higher.
14 like that down to a minimum.
14 What you do is take all of those and average
15 In 1946, there was an organization called
15 them out, and you determine what the exposure is eight
16 the American Conference of Governmental and Industrial 16 hours a day for a 40-hour work week.
17 Hygienists, or the ACGIH for short. They published a 17
The ACGIH published these for everyone to
18 pamphlet that contained lots of TLVs in them.
18 use. They were adopted, as Mr. McGowan told you, by
19 Who comprised this organization? It was
19 lots of different public-health organizations,
20 comprised of governmental and industrial hygienists.
20 including the ones here in Baltimore.
21 just like the name says, people who worked for the
21
This five million particle per cubic foot of
1 government.
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1 air threshold stayed in effect throughout the entire
2 Those were the people who could belong to
2 time period that my client manufactured Kaylo, up
3 the ACGIH, vote, belong to its committees and things
3 through 1958, because that is when we got out of the
4 like that.
4 business.
5 Now, Owens-Illinois, my client, employed an 5 In fact, the ACGIH did not publish its
6 industrial hygienist. And I will talk to you about
6 intent to change the threshold limit value until 1968,
7 him a little more later in detail. His name was
7 which is about 10 years after my client got out of the
8 Willis Hazard.
8 business. And it took about two years to effectuate
9 Mr. Hazard, during a period of time during
9 that.
10 World War II, left our employ and setved in the United 10
It is a little bit after that time that the
11 States Public Health Service.
11 Federal Government, through OSHA, comes in and gets
12 At the time he was doing his service for our
12 involved in regulating exposure to asbestos-
13 country, he was a member of the ACGIH. Mr. Hazard was 13 containing products.
14 aware of the TLVs, and he applied them in the work
14
Prior to OSHA, the Federal Government did
15 that he did for Owens-Illinois.
15 have some involvement in jobs where government
16 Now, this ACGIH, this independent
16 contracts were used, and that was called the Walsh-
17 organization, what they said about TLVs were that they 17 Healey Public Contracts Act.
18 represented conditions under which they felt it was 18 So if you had a government contract, you had
19 safe for workers to be repeatedly exposed day after
19 to comply with this TLV on that jobsite.
20 day to a certain substance, without injury to their
20 Now, this is precisely the type of evidence
21 health.
21 that is going to help you evaluate what was known and
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