Document 2REDg6rNaVGJpjB1Vvzz33Jqa

March lU, 1969 .i " Mr. Jana* H. Blerur President Pittsburgh Corning Corporation One Gateway Center Pittsburgh, Pennsylvania 15222 Dear Mr. Blerert Attached Is a copy of a Pill on asbestos proposed to the 91st Congress on January 0, 1969. Dr. Robert T. P. deTrevllle, President, Industrial Hygiene Foundation, was kind enough to bring it to my attention. t Tbs buy now, pay later approach is interesting as sot forth in Seotlon 3** Sincerely, . Lee B. Grant, M.D* LBQtlnr Attachment cot R. T. P. deTrevllle, M.U. I)r. Z. 0. Dell Mr. J. T. Destefano >o 01 (j. ... * .... ... .UUf- x / j BB 0008197 | t } Kr{ ' V IITABU8HID 1039 (412) 687-2100 INDUSTRIAL HYGIENE FOUNDATION OF AMERICA. INC. 5231 Centre avenue PITTSBURGH. PA. 15232 ' March 13,1969 Mr. Hugh M. Jackson Director, Industrial Relations Jolms-Manville Corporation 22 East 40th Street New York, New York 10016 Dear. Hugh: I am enclosing a copy of the 9lst Congress, F'irst Session H. R. 2503 Bill, of which you are doubtless aware. The Chairman of the AIHA Law Committee is interested in knowing why this bill was referred to the Committee on Interstate and Foreign Commerce rather than the one on Education and Labor. It is interesting that, in the face of efforts to pass a general occupational safety and health act, this bill would treat a single ha/.ard; also, it still gives the Secretary of HEW powers of standard setting and enforcement even though the Secretary of Labor is designated in other legislation. Co rdially, deT:ejd cc: i/Dr. L. Grant Dr. J. L. Goodman Robert T. P. deTreville, M. D. President / AIM ASSOCIATION O* INDUSTRIES ron THg A C- * /du'EMCNT O* MCAI.TH^U WORKING CO1 | BB 0008198 | 91st COXORESS 1st Session K,nrc.T,n,nncWA^:!T DID NNUOi! '-U;Ovwi-urrw--j.Qvi.'vr-_iL..t-us IN THE HOUSE OF REPRESENT AT IVES January 8,19G9 Mr. Patten introduced the following bill; which was referred to the Coni* mittec on Intelat.itc and Foreign Commerce wnT A RECOPO ^SgS?t'SSS5 A BILL *PPG' To promote the safety of workers engaged in making asbestos products for shipment in commerce, and for other purposes. 2 Be it enacted by the Senate and House of Reprcsenta2 tines of the United States of America in Conyrcss assembled, 3 SHORT TITLE 4 Section 1. This Act may he cited as the "Asbestos 5 Workers' Health Protection Act". g DEFINITIONS 7 Sec. 2. As used in this Act-- -----t_BB Op08] 99 |* 8 (1) The term "Secretary" means the Secretary of 9 .Health, Education, and Welfare. 10 (2) The term "commerce" means commerce (A) be- 11 tween any State and any point outride thereof or (li) l>e- 1-0 . NOTE: THIS DOCUMENT DID 2 NOT COME FROM PPG FILES 1 tween points in the same Stale, but through any point outside 2 thereof. 3 (3) The term "Stale" includes the District of Columbia 4 and the Commonwealth of Puerto Pico. 5 (4) The term "asbestos product" means asbestos or any . q article made in whole or in part of asbestos. rj (5) The term "pciMm" means an individual, partner 8 ship, corporation, association, or other form of business . THIS DOCUMENT WAS NOT A RECORD C 9 enterprise. PPG INDUSTRIES, INC. DID NOT COME FRO IT'S FILES AND CANNOT --BE AUTHENwfr|CATE RUJLLEES AND RIjEEGGUULLAATTICIOgN^fpDpPQn INDUSTRRIIEESS*, INC. Sec. 3, (a) Not later than one year after the date of 12 enactment of this Act, the Secretary shall prescribe and pub- 13 lisli in the Federal Register rules and regulations for the 14 protection of the health of persons handling asbestos or 15 asbestos products or engaged in the manufacturing of such 16 products, including (1) rules and regulations fur the labeling 17 of asbestos products so as to fully inform handlers and ultl- 18 mate users of such products of the health hazards of such ** * 19 products and any measures which should be taken with i 20 respect thereto and (2) standards establishing limits on the 21 number of particles of asbestos which may he in suspension in i 22 the air breathed by humans. I bb 0008200 j 23 (b) In addition to the rules and regulations prescribed # 24 pursuant to subsection (a) of this section, the Seeretarv is ` I 25 authorized to prescribe such ruies and regulations, including^ ' 1 NOTE-CIHIS-DOCUMENT OjO ii NOT COME FROM PPG F1LS 1- rules and regulations Fur the making and maintenance of records, as may be necessary for the administration and 3 enforcement of this Act. 4 INSPECTION 5 Sec. 4. (a) For purposes of enforcing this Act, officers 6 and employees of the Department of Health, Education, and 7 Welfare designated l>y the Secretary, upon presenting appro 8 priate credentials and a written notice to the person owning, 9 operating, or in charge of an}" place where any asbestos or 10 asbestos product is hold for introduction into commerce or 11 after such introduction are authorized (t) to enter such 12 place at reasonable times, and to inspect such place and 13 curry out such tests as may he necessary to determine con 14 formity with standards prescribed pursuant to section 3 of 15 this Act. Such inspection and testing shall in all cases be 1G carried out at reasonable times, within reasonable limits, 17 and in a reasonable manner. 18 (b) Upon completion of any inspection carried out pur- * 19 suant to subsection (a) , tin* officer or employee making it, 20 before leaving the premises shall give P* M e person to whom 21 notice was presented pursuant to such - etiuu a report in 22 writing setting forth any conditions or pi rices which are in 23 violation of standards, rules, or regulations proscribed pur 24 suant to this Act. A copy of such report shall be sent 25 promptly to the Secretary. 6~ RR 0008201 1 \ W 1 "^ NOTE: TVi* ^ P0C.L1WIENT DID $QT COME FROM PPG FILES PROHIBITED ACTS 2 Sec. 5. No person engaged in the business of refining or 3 selling asbestos, or of manufacturing or selling asbestos 4 products, for introduction into commerce shall violate any n L H iL .*, 5 rule or regulation prescribed by the Secretary pursuant to . 6 section 3 of this xYet. 7 ENFORCEMENT 8 Sec. 6. (a) If the Secretary, after reasonable notice and 9 opportunity for a hearing, determines that any person is 10 violating section 5 of this Act, he shall issue an order requir 11 ing such person to cease and desist from continuing such vio 12 lation within such time as may be specified in such order, but 13 in no event less than thirty days from receipt of notice of such 14 ord,er ,by such person. ' J_-B--B---0--0--0--8--2-0--2--"-7-* 15 (b) Any person required by an order of the Secretary 16 to cease and desist from violation of any such standards, 17 rules, or regulations may obtain judicial review of such order 18 by filing a petition for review, within sixty days after service * 19 of such order, in the United States court of appeals either 20 for the circuit in which such person resides or has his prin 21 cipal place of business or for any circuit in which the viola 22 tion is found to have occurred, or in the United States Court 23 of Appeals.for the District of Columbia Circuit. A copy of 24 the petition shall forthwith he transmitted by the clerk of 25 \ \oo the court to the Secretary or to any officer designated by him NOTE: THi? DOCUMENT DID. 55 NOT GOME EiiCM rPG FILES 1 for that purpose and to the Attorney General, and thereupon 2 the Secretary shall certify and file in the court through the 3 Attorney General the record of the proceeding's upon which 4 the order is based, as provided in section 2112 of title 28, 5 United States Code. , 6 (c) Upon the Tiling of -uch petition, such court shall 7 have jurisdiction of the proceeding- (which jurisdiction shall 8 upon the Tiling of the record he exclusive) and shall have 9 power to affirm the order of the Secretary, or to set it aside 10 in whole or in part, temporarily or permanently, and to 11 enforce such order to the extent that it is affirmed, and to 12 issue such orders pendente lite as in its judgment are neces 13 sary to prevent injury to the public. The commencement of 14 proceedings under this paragraph shall not, unless specifi 15 cally ordered by the court, operate ns a stay of the Secre 16 tary's order. 17 (d) No objection to fho order of the Secretary shall be 18 considered by the court unless such objection was: urged 19 before the Secretary or unless there were reasonable grounds 20 for failure so to do. Tin* fiudhc's of tbc Scerctarv as to the 21 facts, if supported by substantial evidence on the record con 22 sidered as a whole, shall be conclusive, but the court, for 23 good cause shown, may remand the ease to the Secretary 24 for the taking of additional evidence in such manner and 25 7 C -L, upon such terms and conditions as the court mnv deem proper, ---------------000 8203 NOtE: 7H13 c NOT COME FROM PPG FILES 1 in which event the Secretary may make new or modified 2 findings and shall file such findings (which, if supported hv 3 substantial evuUnce on the record considered as a whole, 4 shall be conclusive) ami his recommendation, if an}', for the 5 modification of netting aside of his original order, with the 6 return of such additional evidence. 7 (c) The judgment of the com t affirming or setting aside, 8 in whole or in part, any order under this subsection shall be 9 final, subject to review by the Supreme Court of tile United 10 States upon certiorari or certification as provided in section 11 1254 of title 28, United States Code. 12 (f) (i) Any person who violates a cease and desist 18 order of the Secretary after it has become final and while 14 such order is in elTcet, shall forfeit and pay to the United 15 States a civil penalty of 85,000 for each violation, which 16 shall accrue to the United Slates and may he recovered 1^ in a civil suit in I lie name of the United States brought in 1 the district where such person has his principal ofiiec or in 19 ** any district in which lie dues biisiiii'S. Kirh separate viola 20 tion of sueh an order or failure to file such a report shall 21 ho a separate ofTense, except (hat iu the ease of a violation 22 through continuum- failure' to ohe\ a filial order of the 23 Secretary each dnv of continuance of such failure shall he 24 deemed a separate offerne. The Secretary may, upon appli 25 cation therefor, remit or mitigate any forfeiture provided I BB 0008204~7 l!K: NOTE^THIS DOCUMENT DID 7 NOT COME FROM PPG FILES 1 for in this paragraph, and he shall have authority to dc% tmniiio the facts upon all such applications. 3 (2) It shall he the duty of the various United States 4 attorneys, under the direction of the Attorney General of 5 the United States, to prosecute for the recovery of such 6 forfeitures. I BB 0008205^^1 i rv -i i-- i Ii BB 0 0 0 8 2 0 6 ii \ I I il i OJb1tstcoSrnsgeiroKess H. R. 2503 A BILL To promote Hip, safely of workers engaged in making usheslns products foe shipment in commerce, ami for oilier purposes. H.v Mr. P.vrrrN Jahuasy 8,10CD Referred to the Committee on Interstate and Foreign Commerce p? oo o--i - i PJ O T.. :;.y Wt m *n --( mo oo