Document 3er9yD2DYbbjEeZG6g5Xvwbk6

FILE NAME: Asbestos Information Association (AIA) DATE: DOC#: / DOCUMENT DESCRIPTION:DZDDZ  r f71'j'"l J= JI~' . . ASBESTOS INFORMATION ASSOCIATION t: ' :::: 1 : J;J .. : =!':Z:!W:: :;;--- :!!!''kb' . ::; ;--aw 1745 J1::t!erscn Davis H,gnway. Crystal SQuare 4. Suite !j09 Arlington. Virg1:11a 22202 (703) 979-1150 21 December 1977 Memorandtl.t'l For: Subject: DIRECTORS Minutes of Board Meeting, December 14, 1977 Minutes of the Board of Directors meeting, i:lednesday, December 14, 1977, are enclosed. J Enclosures -------- 152.10 ASBESTOS INFORMATION ASSOCIATION t ::::- : : : -:::zq.,u:;:;;:;- ih-.;ii'$;;:,;;e ' : :t#?W 1745 Jefferson Davis Highway. c,vstal SQuare 4, Suite 509 Arhngton. Virginia 22202 (7031 979-1150 BOARD OF DIRECTORS !-!EETING Stouffer's ~ational Center Hotel December 14, 1977 Arlington, Virginia Pursuant to notice, a meeting of the Board of Directors was held Dece~ber 14, 1977, at th~ S~ouffer's National Center Hotel i~ ~rlicgton, Virginia. T~e m~eting was called to order at 9 :03 N!. The following Directors were present: George Barge Fra.T"Lk Bro~m Robe=": Carlson Willian C. Clark Thom.as A. Dougherty Denr.is E. Eldred Clarence A. Herbst, Sr. A. R. Hooker B. J. Iwarsson J.E. Keith Donald G. Magill, Jr. John :!. ~-!arsh Janes J. ~!cHugh (for Geo=;e P. Vogel) Jose?h '::. !-!ooney Ac.am Ncvak Dir.1.itrv Poutiatine Harrison B. Rhodes John Riopelle Kurt Schwarz Martin Sendecki (for N. E. Decandia) John Sheridan (for Joseph ~1 Ciskowski) Fred Workman (for ~ Guy G. Gabrielson) tdwara R. Zacharias Frank Zi~erman (for William B. Hoffman) Atlas Asbestos Corp. Connell Bros. Co., Ltd. Special Asbestos Co. 4 Asten-Hill Ltd. -certainTee?, Corp. Vermont Asbestos Group Resinoid Engineering Corp. -The Flintkote Company Abex Corporation Rostone ~orporation Hollingsworth & Vose Co. __. Raybestos-Manhattan, Inc. National Assn. of Filter Manufacturers, Inc. Monse1~ Products Co. Huxley Develop~ent Corp. Johns-~1anville Corp. - Union Carbide Corp. Bendix Corporation Supradur Manufacturing Corp. Congoleum Industries, Inc. ~Jim Walter Research Corp. -Nicolet, Inc. Molded Materials Co. -National Gypsum Co. Also present: James F. Reis, :rohns-~lanville Corp.; Jerry Har;,r.ang, Vernon t l\.sbestos Group; ~1?r.:1de 11 I3. Alcorn, Esq. , C.idwnlader, Wickershr.. & T.:tEt; Rich.:ird T. Dc1vi:, CPi\, Frank C. Frnntz & Co.; R. H. !!ereness, B. J. Pigg and Ma!.k E. Ciruyson, AIA/NA st.J.ff. \ J H t.1l 15231 Page 2 Minutes On motion, minutes of the preceding meeting, September 21, 1977, wert ap;,ro~,ed as submitted. Financial Renert The financial statement for the eleven months period ended O=tober 31, 1977, was reviewed. Total assets of $132,770 and liabilities of $57,533 result in an accrued net worth balance of $75,237. Hr. Dougherty said the Association's accountant estimates that there will be a year end cash surplus of approximately $50,000, incoIT:e less e:<-:lendi tures. Loss of dues income as a result of the resi~~atic~ ~f-one regular merr~er in September is taken into account. On motion, the financial report was accepted as submitted. 1978 Proposed Budget J Mr. Dougherty reviewed the Association's proposed budget for fiscal (calen!ar) year 1978. He said the proposed budget indicat~s a dues inco=e requirement of $275,000 which represents a substantial reduction frow dues necessary to the 1977 expenditure program ($430,000). He stated that the proposed budget did not incl~de contingency funding :or ex?enses that may be incurred in relation to possible public heari~gs on OSHA's recommended revision to asbestos _standard(s}. In the event o= such extraordinary expense, Mr. Dougherty said the Boarc. would have to consider special assessrnant. He said he felt. ne~e:-s .-:ould ;,refer this procedure .:-at.her than building an associatio~ contingency fund. Following c.iscussion, and on motion, the Association's budget for 1978 as proposed, was approved (copy enclosed). In accordance with bvlaws a dues formula for 1978 was presented. The following, on motion, was approved: l. Recrular Members a) "oues for users of raw asbestos fiber will be based on a millage rate of dollar value of asbestos fiber consumed (freight excluded) in previous calendar year with a minimum of $2,000 per annum. b) Dues for miners of asbestos fiber will be on a millage rate of dollar value asbestos fiber sold in Nort~ ?-..~erica during previous c~lendar year with a mir.ir.m.::1 of $2,000 per annum. The millage rn te will b~ on~ t~nth of the rn. tc es t:i.blished for consumers of r.:iw fiber. Page 3 c} Dues for sellers of asbestos fiber will be $2,000 ?er annum, the minimum rate for all regular members. 2. Associate Menbers I I Dues will be a flat rate of $500 per annum. . i ' I 3. Millage Rate (apolicable to users and miners of asbestos) The Association's accountant will, in keeping with procedu=e, forward in January a confidential questionnaire to regular memberswho are users or miners of asbestos. Information provided will be used for comcutation of dues on a millage rate to be determined from consumption and sales data received. Resolution on Association RE1Presentation in Resoonse to Government Initiatives J,,, Mr. Dougherty referred to the motion of Mr. Poutiatirie, tabled at last directors meeting, which advocated adoptionof ~ unani~ous agreement by directors as basis for Association response to govern..~ent initiatives. Mr. Poutiatine said that comments by certai~ direc~ors along with serious discussion by the Executive Co=.:nittee, an~ the establishment of a Standards Advisory Committee, had ca~sed hL~ to reconsider his motion at the September 21, 1977, directors nee ting. In the thought that the E:<ecutive Cammi ttee could effectively exercise its power derived from the directors to find solutions to problems in keeping with the best interests of all Association members, he said he withdraws his motion. Dr. Rhoces ex~lained the function of the Standards Advisory Committee which consists of Richard Carter, J-H Cor;ioration; Isaac Weaver, Raybestos-Nanhattan Corp.; and himself as chairman. Basically, the CC::'..":tittee will be responsible for developing recorn.'nendations to the Executive Committee for AIA/NA responses to government. initiatives affecting the asbestos industry. It was stated that the co::-..-:i.i':tee would act with dispatch on all matters under its purview. Mr. Dougherty e}..."Pressed his appreciation to Mr. Poutiatine for the statesman manner in which resolution was accomplished to the co~?lex problem he had presented. Mr. Dougherty also voiced the t=ust of ~~e Executive Committee in the wisdom of the Standards Advisory Committee and services it could render to the Association. Executive Director's Report . OSHA -- Situation with regard to revision of the gene~al star:d:?.:-d ::o:- wcrk-:?r exposure to asbestos dust and proposal of an exposure st~ndard for the con~truction industry has not changed .. J H J\;\15233 . . .. Pa;e 4 since last ~eeting although long awaited signing of contract for consultan~ firm of P.TI to consolidate its studies on the cons~ruction i~dustry with CONSAD's economic impact analyses of proposed ge~eral standard revisions has taken place. New RTI repori and reca..t..~endations are due April 15. Public hearing, therefore, can;:ot reasonably be expected before mid to late summer 1978. Effect of OSHA's generic cancer policy proposal on asbestos standarc.(s) is not clear. Term "lowest feasible" and requirement for search for substitutes where substance is identified as Category I carcinoge~, as asbestos is, may effect wording of any asbestos regulatory ?rO?osals. Date for public comment on proposed generic cancer polic-::t has been changed to January 30 with public hearing now scheduled April 4. AIA/NA has been invited to participate in the deliberation of the newly founded American Industrial Health Cou.~cil, a group of some forty reajor corapanies recently joined together under the leadership of the Synthetic Organic Che.-dcal Hanufacturers Association to study in depth OSHA 's generic cancer proposal. Mr. Ron Lang, executive director of soc;IA and also of t~e American Industrial Health Council will sseak at luncheon re?lacing Assistant Secretary of Labor {OSHA) Eula Bingham. Dr. Binghamts letter of regret was read. OSHA's proposed labeling standard predicated on recor..:mendations from its Standards Advisory Cor.unittee on Hazardous Substances of January 1977 is expected before year end. It is anticipated that the ?ro:;,osal will contain requirer:tents for material safety data sheets and err.ployee education along with labeling. It was noted that AIA/NA staff has received several requests for sample material safety data sheets for asbestos. At present OSHA requires such data sheets onlv u~der safety and health regulations for the maritime indus~ries. OSHA Form-20 refers. EPA -- Final amendments extending prohibition of spraying provisions of national emissions standards to all friable materials sprayed on buildings, structures, etc., containing more than .1% asbestos by weight, may be expected to be published in the Federal. Register in January 1978. On November 10, EPA published its intent in Federal Reqister to deter'!"line extent of asbestos eraissions that may e~ist from use of crushed stone produced from serpentine-containing rock quarries. T~e ~tudy was precipitated by early 1977 reports by EPA and ~it. Sinai School of Medicine that ambient air concentrations of chrysotile fibers were as high as 17 million oer cubic meter in areas adjacent to a Montgo..tery County (Rockviile), Maryland, quarry. :!ontgc:nery County .:idjoins the District of Columbia. J H N\l5234 Page 5 CPSC -- The ban on asbestos containing patching compounds would er.corr.?ass 9atching compounds which a consumer may purchase. In ad~i~ion to products sold to the consu.~er, the ban applies to patching co;:-;::io'.l."1.ds (containing "intentionally added" respirable free f.orm asbestos) which are used in residences, schools, hospitals, public buildi:igs or other areas where consumers have access. The ban is schedulsd to be published in the Feder~l ~eqister December 15, 1977. The effective date of the ban will be 30 day5 from pu~licaticn or manufacturers and 180 days for distributors and retailers to cease sale. The consultant firm, A. T. Kearney,Inc~ ,Cleveland.Ohio,~nntinues study for CFSC of asbestos-containing products which may expose _ consu.~ers to respirable asbestos fibers. Report is due mid-January 1978. ?-!ESA '-- Pre.sident Carter signed bill November 9 which transfers Mi:u'E'g E:if orce.1nent and Safety Administration from Interior to Labor Departr:tent, effective !-larch 8, 1978. Official promulgation of MESA' s 2 f/cc asbestos standard for metal and nonmeta]._lic open pit mines may be delayed until the change-over takes pla~. State De~;elo?ments - Attention was invited to recently ,completed "?.epor,:. o:: Sta~e Initiatives for Asbestos Regulation as of to Decer:ibe= l, 1977n AIA/NA memo dated Oece~ber 8, 1977. Coov enclosed. The repo.=t will be made available non-members at printing and postage cost. Governrr.e~t Studies on Asbestos -- Among recently announced federal contracts in tur'ciler study of asbestos-health issues are the following: NIOSH - Study efficiency of industrial vacuum collection u.,its e~?loyed in brake and clutch servicing industries Texas i\&~! Research Foundation ($64,522). Investigation of health hazards in brake lining repair .and maintenance workers occupationally exposed to asbestos Mt. Sinai School of Medicine ($180,060). Chronic inhalation study of short asbestos fibers International Research & Development Corp. ($395,000). ~ - Study presence of asbestos in food Lancaster Laboratories, Inc. ($85,000). Association Activities -- Members of the Association attended the Conie~cn~e on Occupational Exposure to Fibro~s and Particulate Dust and ~h=ir Extension into the Environment, December 4-7, soonsored joir:tly by t~e Society for Occupational and Environr:1ental Heal th and MES~. Conferance was attended by over 300 p~oplc. The proqrnn wns discus sec. with o.:irticular emphasis on the last session, "H~.J.l th . JHr,1 15235 . . Page 6 Imnlicatior. of Goverr.ment Response." Dr. Kotin, Johns-Manv'ille Corp., spoke to professionalism and unbiased presentation of data as requisites of a scientific society preceedings. Legal-Medical Research Program Wendell Alcorn, Special Counsel, Cadwalader, Wickersham & Taft, reported on the work of this special project. He outlined the conte.~t and ~tatus of the medical State of the Art doc'Ui.-nent. The four oarts of the document are: (1) Draft memorandum of law. The intent is not to give a "canned" brief to counsel but to form a basic, quick study on the question of. strict liability and claims thereto. This will include the Starnes and Bumgardner cases; ~ (2} ZnterliQ; material.;. This will include three books with tp.e .,....../fpuroosa to cive counsel ibrarv b asbest er ..:,,, e years. Book will have facing sheets and a~stracts of full articles along with an index. Book II will be the results of research on asbestosis and Book III will be results of research on' lung cancer. (~) Copv of transcript testimony of defense expert uitne,ses_- Ors. & Mciver and Ko.:.in: and (4) Digest of State of the Art with;" citations to other cases. . Mr. Alcorn said there were seven points to the State of .the /['Art Defense. These are: (1) MiI1ers became concerned when te:<tile workers developed asbestosis. As a result, miners took appropriate steps for their safety. (2) The dust levels were lowered. (3) In- dustry was told by medical science that lower -lust levels signifi- ;eantly reduced development of asbestosis problems. (4) Industry .is aware that medical science was debating the relationship between asbestosis and lung cancer. That is, lung cancer was thought to be outgrowth of asbestosis. (5) October, 1964 - N.Y. Academy of Scie~cas Dr. Selikoff stating: a) not only textile workers but insulation workers contract asbestos related disease b) there is a causation between asbestos and lung cancer (6) Decer.~e~, 1965 publication of Dr. Selikoff's presentation. (7) From testimony in recent cases it was shown that major companies supplying insulation materials started placing warning labels on products in 1965-66. Upon completion of Mr. Alcorn's presentation a discussion of the medical State of the Art document followed with specific emphasis on its availabilitv to non-membars of the Association. On mot~on, the directors approved a charge of ~2,000, excluding duplication and handling fees, for the State of the Art presentation, provided th~t this procedure will not endanger the tax exempt status of ,the Association. Mr. Alcorn will research this point and advise l H N\ 15236. . . Page 7 the Exec~tive Director. Caotive Insurance Program T~e feasibility study being conducted by Armrisk, Inc. will be coopleted during the first quarter of 1978. Some delay has been eY.?e=ienced by late submission of information by some participan~s. A full report will be presented at next directors meeting. International Affairs Hr. Harsh reviewed his written report discussing the active role of t."1e International Associaticn in for:nulating asbestos policy in the various ccuntries. The report included: (1) Summary of Main Feat~res of Asbestos/Health Regulations in other countries; (2) EEC Advisory Cor::nittee; (3) Director General's Reper~. October 1977; (4) Hinutes of October 13, 1977 Executive CommitteeJ; (5) Minutes of Octo~e: 14, 1977 Governing Council. The information ihcluded in item Cl) is enclosed. Mr. Marsh reported that pressures for severe regulations, for e~-posure to asbestos dust is being seen in many European countries and that the international organization is active in presenting facts ar:-.ong the various nations and with the EEC. The 1978 dues schedule for the International Association was discussed. T:ie United States portion will be three shares, equal to t:iat c: Canada and J'apan. A share will be s3000 with the oossibili~::- t:iat i~ may be 4000. He strongly recom.."!tended AIA/NA support of che international organization. Miscellaneous ~tr. Ronald A. Lang, Executive Director, Synthetic Organic Cher:ticals Manufacturers Association and recently appointed director of the ;..::.erican Industrial Health Council, was luncheon speaker. Hr. Lar.g spoke of the complexities and ra.";lifications of OSHA's proposed qe~eric cancer policy. He said the newly formed ~.merican Indust:ial Health Council currently consists of some 40 major firr:ts. :ie said the Council is studying all aspects of the OSHA proposal and will develop a coordinated industry response including J H iv\ 15 23 7 -- ~- ------------- - ---------- -------- .. - -- ------- - - -- --- - -- . .\ Page 8 alterr.ati1es to the proposal which he said as now written could be devastating to much of industry, the chemical industry in particular. :--1r. Lang's informative remarks provided directors with a clearer understanding of the generic regulatory approach as proposed by OSHA. The Executive Director, on behalf of the directors, expressed appreciation to Mr. Lang for his outstanding cont:i~~tion to the meetinq. Other Business The next regular meeting of Directors is scheduled for March 15, 1978, at Stouffer's National Center Hotel, Arlington, Virginia, com.~encing at 9:00 AM. Adjournment Therebeing no further business, the meeting was adjourned at 11: 55 All. .,,, ' . _. ~~w ~ . .- . Executive Di=ector RHH:pl 20 December 1977 Enclosures JHM 15238