Document 2q55q94qGbRz7o85rO6pNmBk6

Reasons the Companies Formed the Industrial Hygiene Foundation Exhibit No. 55 Date: January 22, 1935 Description: Letter from Vandiver Brown, Attorney for Johns-Manville, to M.F. Judd, Raybestos-Manhattan, with attached Memo by Brown re: Mellon Institute Symposium on Dust Problems, Jan. 15, 1935 "It appeared that among the problems common to all industries were the following: (2) The desirability of making various dust diseases compensable under properly drawn workmen's compensation laws. One of the speakers stated that "the strongest bulwark against future disaster for industry is the enactment of properly drawn occupational disease legislation". Such legislation would (a) eliminate the jury and empower a Medical Board to pass upon the existence of the disease and the extent of the disability;... (c) permit the correcting of initial mistakes in the making of awards by providing for hearings to reduce or eliminate awards if proof could be adduced that the claimant was not disabled or that the extent of his disability had been overestimated." [emphasis added] Jokns-Manville------ - Twcnty-Two East Forticth-Street \ New York.N.Y. Wi January 22, 1935 Mr. M. 7. Judd, Secretary, Raybestos-Manhattan, Inc., Bridgeport, Conn. Re: Mellon Institute of Industrial Research Symposium on Dust Problems Dear Mr. Judd: l As I indicated to you over the telephone this afternoon, I am enclosing a copy of a memorandum I prepared for Mr. Lewis H. Brown regarding my trip to Pittsburgh last Tuesday,. January 15th, to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research. Very truly yours, Vandiver Brown ' Attorney VB:T Enclosure JAto&0 1535: L PLAINTIFF'S EXHIBIT \ V . Ur. pbrOoi.,)( -ir k td.d HSKHLiSimi RE:- 2ELL0H IhSTITUIE'OF IEDUSIRIAL ' - RESEARCH SIEPOSHM OR DGST pfi03T,?yS - PITTSBURGH- JAR-1?. 1Q^ . . 'v On w about December 12, 1934 the Hellon Institute or'Industrial. Research addressed letters to same 85 industries ; . haring industrial disease problems inviting them to attend a meeting to be held under the auspices of the Institute on the ' - 15th day of -January* One of these invitations was received by the Asbestos Institute and, although the Asbestos Institute did not'accept and was not -affitrf sITy fftpT^a^rrfcAd, l>>frmg-gArrym a : r. Corporation requested and obtained permission to-send a repre- ^v eentatiTe*~Tbe-invitations expressly :stted that -attendance T - -at--.this neeting need entail no obligation** .: ;;Johns-gcaville was represented at ' the neeting by ' the-writer of this aemorandna. Approximately 250 people were present repesenting over 50 industries which had accepted the . i.r f. - -^invitation ofthe Mellon Institute. .The Hellon Institute was r<llgreatly surprised at the remarkable response -and it is cy ... opinion that one cannot-find a better indication of the serious nature of the problems it was the purpose cf the meeting to v *diSCUSS-- - ^ ^.U ' I was able to ascertain that the ffellon Institute - had been prompted to call the meeting by'representatives of ` the sand and glass and the refractories industries-. Bepresea-. tatiTes of these industries' conferred with Er- E- E- teidlein, r - Director of'the-Institute, and after advising Ma of the nature V 'of their problem, of its wide-spread character and numerous menacing aspects, suggested : the seed-of same form of concerted action on the part of those industries presently or potentially . involved- r understand that Hr- TV Sherwood, Tiee-President of Owehs-IXUnois Glass Company and Hr*` -Sag er Eltchins, Presi-- ----- dent of' V.the lAmericsa -Refractories^Institute, were^the persons' 'who'presented the situation to-the BeUpn Institute. Hr.. - . ' ~; eidlelu,~on behalf of the Institute, --agreed -to cooperate to - - the extent of calling- the meeting and barring.the representatives "'''spend a day in Pittsburgh as the guests of the Institute. There -- -Kss some preliminary discussion as to -the possibility of using ; . Vthe-Mellon Institute as a clearing boose for information and - . . research upon aspects of the problem common .to.all industries -. bet defyTvt.te-ccnircltmwrrta were postponed until after..the holding . of. the meeting*.. _ - ---- ` - - 'An inpressire list of experts specializing upon ' various'aspects of L-the dust' problem attended the meeting and 2 PLAINTIFFS 1i EXHIBIT | T ttfti CC52.|8 - i? 'I'M r 2-- delivered addresses* Among these were Er. A. C. Eirth, a . . lawyer associated with Williams, Zversaan and Morgan, Toledo, Ohio, attorneys Tor Orcns--Illinois Glass Company; Dr* Eugene P. r. V ; Pendergrass or the X-ray Laboratory, University Hospital, Ph-n,*- ' . delpMa* Dr* A* J* Lanza, Assistant Medical Director of the - Metropolitan Life Insurance Company; Dr. R. R. Sayers, Eedlcal ' Officer in Charge of U S* Public Health Service; Professor Philip Am Drinker of the School of Public Health, Harvard Uni : 1 - rersity; Mr* F* Robertson Jones, General Manager, Association ; of Casualty and Surety Executives; and Mr* Donald S* Cummings, Assistant Director, Saranac Laboratory for Study of Tuberculosis* -v : .''j*'"7 .. 'V.'*- ^ " T The addresses dellrered by. these -specialists, -together v;. with the open discussion that followed then, rewealed-, among other " things, the very menacing character of the problem, its complex . ' nature, -the-uncertainties attending most of its aspects and the . nmeessltj; .of some fora of united action by.the afflicted Industries. ` v~. '' - V'-V-'It was recognised that some aspects of. the problem ' -- were peculiar- to special Industries but it was equally evident 'v:' 7-..'-; - ' --V that-other-aspects .were common to all*- for example, only tro - "r:!..., formr* af dust, namely, free silica and asbestos^ are definitely *-.- f-'-'-' - '--knowuTto produce disabling fibrosis of . the lung. - Sven in the ' , , case of these dusts the problems resulting therefrom are quite . ' different since the fibrosis resulting "from silica is of a much ' , ' : . : more '-serious character -than that resulting from asbestos in that V'.. - . the-former predisposes to tuberculosis and is much more likely to -.-5'^ - " have a fatal termination* -On the other-hand (and-this illustrates " - . . one of the most serious aspects of the problem-that .is'common to -. all dust producing industries) the - fact that no other dust is . known to produce-disability has not prevented entirely groundless / ' ' - claims aggregating -millions and even hundreds of millions of. : . ; - dollars being brought against industries which have no silica or . . ' " ~ asbestos dost hazard. For-example. Dr, Lansa pointed out that - '- . no- one bad -ewer maintained, that gypsum dust was. harmful and yet, - :V -7 . nevertheless, :the gypsum industry had suits pending against it ~ .."V. '-.-covering cl a ims-dn. excess of four Million, dollars* . ... . _' ' . 7 -. ' '' It appeared -that among the problems cnagrton to all industries- were -tee following?.. - ^ , - . ' . . T. ;./ (1) The menace, of ambulance chasing lawyers In : . VHiaMTttfiflii .with CTwiipii1<n doctors^ - The - . .. r ;- : ' ' -uncertainties surrounding diagnosis of any -. - * of' the various forms of pneomoaoconiosls are - ... ' " .- : '-.-I'eb. many that a.-question of fact Is presented . *- ~ ~ "- .-In-every-case* ...Expert testimony can be pro- ' - ` dneed-.by both plaintiff and .defendant -and it . Is ~fbr tha Jury -fco decide whose experts are , 0052.19 -correct In their Interpretations. In . . this decision, the jury Is not likely to favor the opinion or the experts produced by the employer* . - r. . . / ' - (2) The desirability or rig- various dost -. diseases compensable under properly draws \ . workmen's compensation laws. . One of the - . ... speakers stated that *the strongest bulwark . ~ against future disaster ror industry Is the . . > ... enactment -or properly drawn occupational - . - disease legislation*. Such legislation would * (a) eliminate the jury and- empower a Medical -/ / . .'Board to pass upon the existence or the . . : disease-and . the extent of the disability; ' , . (b) eliminate the thrster lawyer and the .- - . ' quack doctor since rees would be strictly Halted by the law; and (c) permit the correct- - .: ' :*ing or initial mistakes In the making oT - . < awards by pTtHd-fng far hearings to redace ' or eliminate awards IT proof could be adduced - that the claimant was not disabled or that' '.T. the extent*or his disability had been qreg-> ; . .. - cstrfmated.--..-- v ^ ; v;- -> (3) Problems taT. vrentllation, dust collecting and ' . _ jel. 1mlnation, end respiratory devices* ' . r` (l). The establishing or standards (a) for dost .. '' counting end particle alxa determination, - - (b) ror the oT X-rays ror diagnostic y use, and (c) ror the interpretation or the - ' -markings on the films so produced. - * . . JLt the close or the discussion a Xr. Xnrtr, Tice-- President or iaericah BeffTactories Corporation, made a motion that It. William P. Xant, Chalraan or the meeting appoint a nominating committee who woald nominate a group of Individuals to serve as a coaaalttee Tor the rormalatlon of ways and means to brls# about effective cooperation of some character between the various Industries for meeting end combating those phases of the dost problem common to all* This motion was carried T*f a Sodnatiag Committee appointed which retired and upon presented to .-the meeting , the names of seven individuals to act as such Committee* - 5o other names having been placed In noalnatlon, the following were elected to act as the Carnalttec arrf report back to the various industries and groups represented at meeting or to whoa the Invitation had been originally extended:- . ' . . ...... - - K-: . 005^20 m --4'-- . ; ' ' ^ ? : .V Vandiver 3rown representing Asbestos, Cork and Ion-Metallic Hr. 3. 3* Saidatrails representing Chemical. Abrasives, Alloys . . ... and lon-rerrous aetals E* 0* Jones representing Foundries .- A.' V* Sherwood representing Glass Sand, Ground Sand and Glass . : Manufacture .' - -7 7 - .' ; A. J Gentholts representing Iron, Steel, and Ores y. JL, J. R. Curtis representing Hae,-1,inestone^ -Ccaent and ' -i- ' r';;;' \.^.Gypsua;"X;;^:^:y^y^ty V-' y: 'Roger/A* Eltehlns representing Refractarries,Ceraaics and .Claps JiTy - ` ~y I explained to-theT^thar Bach era of the Coctlttee - that-X had been sent to the'eeeting. solely! as, an-observer and . had ao authority froa-Iohns-Manville Corporation to accept - aeaberahlp on the Cooalttee and certainly none fron the Asbestos Industry as. a-whole* - I -was urged, however, to aeet with the Coselttee and agreed to do so on the condition that I night . . . . withdraw XT'approval of ay serving in that capacity should sot be _fartheostng * I pointed out that Berbers -of the Asbestos Indos'tey did not care to be associated in the Binds of the public or of employees with those industries whose problem was silicosis azri that for this reason X felt'there night be-sons opposition to having? a. representative of the Asbestos T7wtostry.wqziri.ng with thaa* -~-T Hawawgr, that X reAlixed zxanerous aspects of our problem ware the sane and that If cooperation could be worked out without an undue aaount of publicity,: Johns-llanrllle Corporation and perhaps the Asbestos Industry -hs a whole, would In all likelihood be willing to. cooperate* "It was the opinion of the Caonlttee that this -condition would got peresent any ' ; insuperable -difficulty*...', >* i ' *'- -* -" ' Mra Soger Hltchlnsj. 'President of American Refractor ies Institute, was Bade ChalrsEsn of the Cosnlttee Tdilch held a seetlag Tuesday evening after the dose of the Syaposltau Mr* Eltcirins was designated to Beet with Mr* leldlein of the Mellon Institute artH ask bin to Bake a .proposal la definite and concrete Tara, as to the wanner In which the Mellon institute sight be able to assist the various industries for a fee of $25,000. . kten this proposal has been received and approved by the Bejabers of the CoBHBtteer'it will be subaitted to the various industries with the recaatoendation that lt.be accepted szxi that the various lainstries or Individual corporations agree to stand good far a nno-fej* aaount- of the fee not In excess of a definite specified sna, .- \ ' / - _ . ; ' 005221 * .-- -v *- *- .. T - V.V* "* .'V -x ,, . '* .,. ^{'V '' : i gathered that the proposal which weald be nade-: ' by the- Hellon Institute would Include, aaosgo tilers, the follow-- ^ ;,:7"(aXThe: compiling of a comprehensive bibliography ' V v\v:`;--.-^-:. of ell books, treatises and publications deal- J" lag with, say. aspeet of the dost problem; and ,' 'i.: :v- . --'the-evaluation thereof*-^ -.y'"--v- -* .. . >' - .~ (b) and correlating of : - ; . date and Information free, various subscribing- . - V:.>. Industries relative to- their partlcnlar. ezperl yV!:` " ; (c) The'drafting of .appro-red wortesaas coapensation - legislation cowering pnemonncmilosis*> v..-' .-jj-?. . ; ...- - . (d) The digesting, of the laws of the warlons states .' . . 'I whieb sight affect the operations of Industrie*-.-. ' .'.-s' -- V- presenting.a dust-hazard-: :;- " ~ '.. (a) -Th. eaitlfrri-ng af;prnb7 Veqnirt wg T^a3gh ^ .-y Vr;;_:' ` ` -- _ . . or -the estahllabsent of fixed standards and :j ^ ` ; .,.; 'the prevention of duplication of effort'and '/- . ' ' arpense along these lines* , ..v , - ' . The Interest- with which the discassions were followed- ' ' and the enthoslasa which greeted the proposal for unified, effort - - - lead ae to believe that the necessary support will be found . , ' . ..for soee sort of program along the. above lines.-. T - '" ;X:. . . - > ; : _ ' -'^ '' * --C TUTDITSE. BIKJWr' ' JannaTy'.18,-1935-'`- 005222