Document 3J5egD6n84dQBy8jjo32Bxj10

BOARD OF DIRECTORS MEETING June 10, 1976 Stouffer's National Center Hotel Arlington, Virginia Pursuant to notice, a meeting of the Board of Directors was held June 10, 1976, in Stouffer's National Center Hotel, Arling^ ton, VA. The following Directors were present: John Autry (for Dimitry Poutiatine) George Barge Joseph M. Ciskowski William Clark Thomas A. Dougherty Dennis E. Eldred William Fassuliotis A. H. Fay Clarence A Herbst, Sr. John W. Hollingsworth A. R. Hooker C. G. Morgan Robert B. Pilmer J. L. Rainey Kurt Schwarz Martin J. Sendecki D. Tijumelis (for T. K. Lindquist) C. Fred Workman Johns-Manville Corp. Atlas Asbestos Company (Montreal) Jim Walter Research Corp. Asten-Hill Ltd. Certain-teed Corporation Vermont Asbestos Group GAF Corporation . National Gypsum Co. Resinoid Engineering Corp. Dresser Ind. (Magcobar Div.) The Flintkote Company North American Asbestos Corp. Garlock of Canada, Ltd. Amatex Corp. Supradur Manufacturing Co. Congoleum Industries, Inc. Borg Warner Corp. (Borg & Beck Div.) Nicolet, Inc. Also present: Guy G. Gabrielson, Jr., Nicolet, Inc., Chairman, Asbestos Regulation Task Force? William B. Hoffman, National Gypsum Company; C. F. Wilson, Esq., Jim Walter Research Corp.; Joseph A. Artabane, Esq., Cadwalader, Wickersham & Taft; R. H. Mereness, Executive Director, AIA/NA; and B. J. Pigg, Administrative Assistant, AIA/NA. 100235 Page 2 Introduction The meeting was called to order at 9:01 A.M. Mr. Dougherty stated that Mr. Noel W. Hendry, Johns-Manvilie Corp., had advised his assignment to General Manager, Mining Division, a position that would preclude his further active service on the Board. On motion, Mr. Dimitry Poutiatine was elected to succeed Mr. Hendry as the Johns-Manvi lie representative. Mr. Dougherty expressed appreciation for the outstanding contribution Mr. Hendry had made to the Association. Minutes On motion, minutes fo the preceeding meeting, March 26, 1976 were approved as submitted. -- Financial Report Mr. Barge reviewed the financial report Nominating Committee Mr. Dougherty explained the requirement for election of Association officers at the annual meeting in September. The following were appointed to serve on the nominating committee: George Barge (chairman) , W. H. Beasley, J. L. Rainey, and Kurt Schwarz. Remarks of the Executive Director The physical layout of the new Association headquarters were described noting that adequate space was now available for meetings of 15-20 people and that there was significant work and storage space for present and anticipated needs. Attention was invited to the Court order in folders dis missing the Association as a defendant in the case of Shoup vs. Johns-Manville Products Com. et al. 100230 rage o ' Roy F. Weston, Inc., firm that prepared the technological feasibility and economic impact study in support of the Associ ation's response to OSHA on the proposed asbestos standard, proposed they be retained on a consulting (minimum contract) basis at a cost of $8,000 per annum. The Executive Committee at a meeting May 25, 1976 considered and declined this proposal. Weston has been so advised. The CONSAD Research Corp's Inflationary Impact Statement (IIS) on the proposed revision to the asbestos standard.has yet to be submitted in final form to OSHA. Submission is due in 2-3 weeks. "Best information" now indicates public hearing on the standard will not be before September. Contract for necessary IIS on forthcoming proposed asbestos standard for construction industry has not been let by OSHA. CONSAD has submitted a pre liminary work statement. A report was given of an ERA news conference held April 30 concerning asbestos in drinking water of selected U.S. cities in study conducted by McCrone Associates. A listing of all federal government contracts for asbestos-health studies is being prepared. Among on-going special projects mentioned were: revision of "Asbestos and Health" booklet; development of a recommended work practices booklet on asbestos containing sealants and gaskets; revision of the pamphlet, "Asbestosand Brake Linings"; and publi cation of J-M prepared "Recommended Safety Practices for Handling Asbestos Fiber" and "Asbestos Occupational Health Guide" under AIA/NA signature. Directors were encouraged to make use of the pamphlets and other informational/educational materials available from the Association, including recently prepared excerpts (for warding letter, summary and recommendations, and medical statement) from the Association' s response to OSHA on the proposed revision to the asbestos standard. All are available in quantity. Several news clippings were brought to the attention of Directors as examples of continuing adverse reporting on asbestos usage. Mention was made of the recently announced merger pro posal fo the National Association of Manufacturers and U.S. Chamber of Commerce. AIA/NA enjoys good working relationships with these organizations. "* Ratification of Actions Mr. Dougherty stated the ballot response of members to the proposed establishment of an AIA/NA sponsored program for legal assistance (hereinafter known as Legal/Medical Research Program) in defense of litigation alleging injury because of exposure to asbestos fiber as presented to Directors at meeting March 26 was highly favorable. In addition, he set forth the reasons for increased office space requirements for the Association and that the Executive Director had negotiated a five-year lease 10021 Pace 4 effective as of June 1 with his approval. He explained the necessity for ratification of these actions and read the following statement: "Resolved that all the actions of the officers, agents and attorneys for the corporation with the date hereof are ratified and confirmed in all res pects regarding the following: the formation of a program to develop a legal and medical bank of information for use of the membership and the authorization of the Executive Committee to form a Legal/Medical Research Committee to oversee the program and, secondly, to execute the lease for the new office premises." Comments and/or questions were invited. On motion, the above resolution was approved. Mr. Dougherty announced that the following had agreed to serve on the Legal/Medical Research Committee: Guy G. Gabrielson, Jr., Nicolet, Inc, Chairman Dennis H. Markuson, Johns-Manville Corp. C. F. Wilson, Jim Walter Corp. Wolfgang A. Guenther, Raybestos-Manhattan, Inc. John H. Chidester, Brunswick Fabricators, Inc. C. J. Pontz, Certain--teed Corp. Legal/Medical .Research Program Mr. Gabrielson noted title "Legal/Medical Research Program" better defined the work and objectives for this effort than "Legal Assistance Program" as originally identified. He re ferred to the sequence of events leading to formalization of this proaram with Cadwalader, Wickersham & Taft fahd stated Mr. Gabrielson s4ad Philip E. Enterline, Ph.D. , Professor of Biostatistics, University of Pittsburgh, had agreed to work on .this project. Dr. Enterline has recommended Ian T. T. Higgins, M.D._of the University of Michigan as a parti cipant and stated that a doctoral candidate at the University of Pittsburgh would be available to assist. Mr. Gabrielson said Dr. Weill concurred in the Enterline-Higgins team. Dr. Enterline estimated completion of the paper by year end at cost of about $6,000. Estimated cost of the overall program remains at $50,000. A discussion period followed. __Mr. Gabrielson said it would facilitate the work of Mr. Alcorn . ~ i ri n o o  Mr. Dougherty expressed appreciation to Mr. Gabrielson^ for his outstanding contribution to the development and establishment of this important program of the Association. Report on Meeting of Asbestos Subgroup, OSHA Advisory Committee on Construction Safety and Health, June 2-3,1976 San Diego, CA In addition to an Association team of Mr. Gabrielson, Dr. Weill and Dr. Rhodes, a team from Johns-Manville including Dr. Kotin, Dr. Chase, Milt Trosper, and Dick Carter attended the meeting and made presentations. Reporting on the meeting, Mr. Gabrielson said we can not afford' to ignore what happens in the construction industry; there is a need for a uniform asbestos standard for both manufacturing and construction industries. The need has world-wide implications. He commented on the identity of the subgroup members and OSHA representatives. The methodology used by the subgroup was to review the proposed general industry standard item by item and attempt to ascertain applicability to the construction industry in conjunction with their recommendations as submitted to OSHA of September last. The subgroup reaffirmed their position that a 2--fiber p/cc asbestos standard should be established for the construction industry and "tailored" or eliminated sections of the 'general standard that were thought unrealistic for the con struction industry. The subgroup will present its recommendations to the full OSHA Advisory Committee on Construction Safety and Health which in turn will formally submit to the Ass't Sec'y of Labor (OSHA). Meeting of full committee to hear subgroup, report was announced in Federal Register of June 11 to be held June 29 30, Washington, D. c. AIA/NA memo dated June 14 refers. Mr. Gabrielson said he considered the greatest opportunity for an impact on an asbestos standard for the construction in dustry would not come until a formal proposal is issued by OSHA atefJreVlewi?g Committee report. He said the Association should start its response planning now. In this connection, he had recommended and the executive committee approved establish ment of an Ad Hoc Committee for Construction under co-chairmanship .** Rhodes. Dr. Rhodes is authorized to seek additional committee members, in consultation with the Standards & Technical Committee and other experts in the construction industry, and recom mend full committee membership to the Executive Committee. Mr. Dougherty invited nominations from directors for membershiD on the AIA/NA Ad Hoc Committee for Construction. ` Pace 6 Revision to Asbestos Standard Mr. Gabrielson reviewed development to date and current status of OSHA's proposed revision to the asbestos standard. He pointed out that AIA/NA had recommended deferral of issuance of the general industry standard until promulgation of a regu lation for the construction standard. OSHA officials have in dicated that this is not politically feasible. He said the issue, of seeking an injunction against-OSHA to force a delay of the general industry standard until a regulation for the construction industry is promulgated had been raised by Johns-Manville Corp. The Executive Committee had concluded that AIA/NA would not seek such injunction, the consensus being that uncertainties confronting the general industry should be resolved as soon as possible be cause of the adverse effect now taking place in customer relations and the length of time which would undoubtedly be required for legal proceedings. A legal challenge could be made subsequent to issuance of the general industry standard. Association decision and reasons therefore will be transmitted to Johns-Manville by Mr. Gabrielson. Mr. Gabrielson also addressed public hearing technicalities and Association planning. Several persons were mentioned, in addition to Mr. Gabrielson, as possible participants to include Drs. Kotin and Weill, D.K. experts. Dr. Gerald R. Chase and Dr. H. B. Rhodes. He will coordinate with Dr. Kotin in the develop ment of a presentation to avoid duplication. Mr. Gabrielson made reference to an important meeting with Mr. H.D.S. Hardie,' Chairman, Asbestos Information Committee (U.K.) for June 21 in Washington, D. C. as it pertains to the hearing presentation. Mr. Dougherty added that the Executive Committee was of the opinion that the industry should strive to present a responsible impression at the hearing and demonstrate concern for the well-being of both employees and customers. . Association Merobership/By-Laws Mr. Dougherty said the Executive Committee had given consideration to possible revision of the Association By-Laws in order that ^" associate and affiliate memberships could be authorized if desired by Directors. As a first step in providing this authorization, a modification to the Certificate of Incorporation of file in the State of Delaware to provide for more them one class of membership is required. - In addition, he explained that the statement of purpose in the Certificate of Incorporation is in need of updating. Mr. Artabane outline ' 100240 Page 7 It was the consensus fo the group that the addition of classes to membership would be beneficial to industry interests and the well being of the Association- Formal consideration of possible changes to the By-Laws could be made at the meeting of members in September. Activity Area Reports A. Edueation and Training - The Executive Director encouraged utilization of the new J-M film, "Working with Asbestos" and the distribution of other materials available from the Association. B. Standards & Technical - Next meeting of the Standards & Technical Committee is June 23-24 in the Association office. C. Financial Affairs - Mr. Barge referred to previous decisions which resulted in significant changes to the 1976 budget. At the Association's meeting, February 4, 1976, an addition In view of above fiscal changes, a-revised budget for 1976 to so reflect was proposed and aoDroved by motion. (Copy of revised 1976 budget is attached.) - D. Membership - Mr. Workman reported the current Association membership is 33. Two companies have resigned within last month,- One is due to misunderstanding of dues structure and is a candidate for associate membership, and the other resigned for personal- business reasons. The latter was current in dues payment and has contributed toward AIA/NA expenses in responding to the proposed revision to the asbestos standard. u i a n rv 4 Page 8 A total of had been contributed to this effort to date. He encouraged Directors to assist in recruitment of new members in the Association. Medical/Standing Committee, International Asbestos Information Conference - Mr. Marsh was not present due to his attendance as Association representative at a meeting of the Standing Committee./ International Asbestos Information Conference. The Executive Director read a statement received from Mr. Marsh by telephone on June 8. concerning the current adverse publicity against the industry in the United Kingdom. F. Labor Relations - Mr. Dougherty said he had notijing new to report except to raise the matter of labor attendance at the up coming annual Industry-Government Conference. He and the Executive Director will call on Mr. John H. Sheehan, AFL-CIO, and explore the possibility of his attendance and participation. Mr. Roy J. Steinfurth, International Association of Heat & Frost Insulators and Asbestos Workers will also be invited. G. Industry Economics and Technology - Mr. Fay said he has been in contact with Mr. Thurber and suggested inclusion of certain technological items in the agenda for the. conference in September. A listing of manufacturers of dust control equipment continues in preparation and will be available for distribution in the near future. Third Annual Industry - Government Conference, Sept. 8-9, 1976 ` Mr. Dougherty presented a proposed program format which would include: dust control, monitoring, industrial hygiene, European view of the industry, marketing forecast, asbestoshealth update, AIA/NA Legal/Medical Research program. Dr. Corn (OSHA) and Mr. Train (EPA) will be invited as luncheon speakers. Plant Physicians Conference Mr. Dougherty said the Association continues to plan for this conference. He explained that work on responding to the proposed revision to the asbestos standard had delayed its scheduling, however, a time and place would be determined following public hearing on the standard. Adjournment There being no further business the meeting was adjourned at 2:10 P.M. Next regular meeting of directors is scheduled for September 8, 1976 to be followed by' the' annual meeting and the Third annual Industry-Government Conference at Stouffer's National Center Hotel, Arlington-, Virginia 2$. H.' Mereness Executive Director June 16, 1976 10024