Document 2JDkqdBQ71q4ar9rxMGnxJz2R

ORAL PRESENTATION BEFORE THE CALIFORNIA STATE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD MAY 29, 1980 TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (Asbestos) PLAINTIFF'S EXHIBIT UC-5435e Held in Fresno, California on May 29, 1980 By: John L. Myers - Representing: Asbestos Information Associatton/North America 1745 Jefferson Davis Highway Crystal 5quare 4, Suite 509 Arlington, VA 22202 UCASB00521247 RESPONSE TO MR. O'HARA'S REQUEST. FQR COMMENTS ON TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (ASBESTOS), page 3- of,^ "Adopt new subsection (n) into Section 5208" My name Is John L. Myers of Union Carbide Corporation. I am speaking on behalf of the Asbestos Information Association of North America {AIA/NA). The AIA/NA is an association of over 50 companies engaged in the mining and pro cessing of asbestos and asbestos-containing products. We have always endorsed an employee information and training program and Union Carbide conducts such a program at its asbestos mine and mill near King City. We feel that the wording in (n){l)(A), which describes the employees to be trained, should be slightly modified. As it reads, the training program could apply to office personnel, casual or infrequent visitors, and other employees who would not be exposed to 0.1 f/cc on a continuing basis - perhaps very infrequently. ' We, therefore, suggest that paragraph (A) be revised as follows: (A) Within 60 days of the effective date of this subsection, the employer shall institute a training program for, and assure the participation of, all employees tfi iiWiPH assigned to work with asbestos or asbestos-contain ing materials and employees assigned to work in areas where such materials are being used, provided that such materials are being used in a manner in which exposures to asbestos may reasonably be expected to exceed the level such that medical examinations are required pursuant to Section 5208(j)(l). [Under!ined words are our proposed addition.) Dr. Greenberg responded to the above by stating that the Ad Hoc Advisory Committee had considered the problem of infrequently exposed persons. They decided that their wording, crossed out above, would "encourage" companies to prohibit or minimize the admission of "non-asbestos workers" to areas where they may be exposed to greater than 0.1 f/cc. I obviously made no rebuttal to his comments. t l UCASB00521248 1 UCASB00521249 BAKER BOTTS llp ONE SHELL PLAZA 910 LOUISIANA HOUSTON, TEXAS 77002*4995 713.229.1234 FAX 713.229.1522 AUSTIN BAKU DALLAS HOUSTON LONDON NEW YORK RIYADH WASHINGTON November 21, 2002 002696.A048 Mr. Scott L. Frost Baron & Budd 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219-4281 Cynthia Crawford 713.229.1458 FAX 713.229.2758 cynthia.crawfordbakerbotts.com Re: All Baron & Budd asbestos cases in Texas ' Dear Scott: We have conducted a search for the documents requested in your October 8, 2002 letter and attach the following documents which may be responsive to your request: UCASB00658612 -- 21 UCASB00889028 -- 32 * UCASB00113389 -- 96 UCASB01287463 - 70 UCASB00521247 -- 49 UCASB00704422 - 29 If you have any questions, please do not hesitate to contact me. Sincerely, :3089 Enclosures cc: Siobhan Handley Gary Elliston Tina Stamps Cynthia Crawford HOU02:904120.1