Document 50OyZbn4aDZONyDbXJdG09xZV

FILE N A M E: A sb e sto s In fo rm atio n A sso cia tio n (AIA) DATE: 1988 Oct 4 D O C#: A IA 102 D O C U M EN T D ESC R IP TIO N : Legal - A ffad avit of R ob ert C. C o h en affidavit OF ROBERT C. COHEN STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ) ) ss.: ) ll ^ Uz PLAINTIFF'S EXHIBIT AIA-4 ROBERT C. COHEN, of full age.upon his oath, deposes send says: I a principal In the firm of Knipes Cohen Associates > a shorthand reporting service located at 400 Market Street. Philadelphia, Pennsylvania. 2 . In 1978 knipes Cohen Associates was designated as the official repository for documents of the Asbestos Textile Institute. 3. In Februarv 1980 the deposition of Doris Fagan, executive secretary of the Asbestos Textile Institute, was taken at the offices of knipes Cohen Associates. _ 4. Ms. Fagan produced at her February 1980 deposition the origimal minutes of ATI meetings as maintained by her as executive secretary of the Asbestos Textile Institute. 5. From the date of chat deposition, I have been custodian of records of those originial minutes. 6. The originials of the ATI minutes have remained in the drawers at the. offices of Knipes Cohen Associates under my direction since Ms. Fagan's deposition of February 1980. 7. Whenever copies of those minutes are requested by a party to the asbestos litigation, they are xeroxed by Knipes Cohen Associates' employees under my direction and are certified. 8. The copies of the ATI minutes which l have provided jre indicated as J Exhibit "A" and are true and accurate copies of documents Identified by Doris Fagan at her deposition on September 9, 1980. P*S* 9. There have been no additions to, deletion fro or alterations to the doeuaents as identified by Ms. Fagan on Septeaebr 9, 1980, Sworn to and subscribed before ae this 4. day of October,1988 ROBERT C. COHEN *'NaTs* lvCB!w,wen E*reiC " june 7, 1973 i;iy Bridge Harriett, Arlington, Virginia In Attendance 7MATE CORPORATION U. Haaskar.t tt. J. Scanlan U. n. Halter g a r l o c k r,;c. S. G. Bixit A. Kuznufc JOBIS-MASVTlLE CORPORATION C. G. Cuerin *e P. Jachson J. P. Power (C.J-l) w. B. Reitte (A* C. Streib r i s o l t e inousTiss, i :c. E. H. Russell J. K. TRiittafcex H. K . p o r t e r c o m p a n y , i ::i * c. Bratt b. i-* Childers W * w. Echure L. E. ilnody r.vTErsTcs-Hicnr.rr.-i, n e \t l. Broohs w H. Fransiton, Jr * *4* W. Eav/hinr. H. ** T. iaethev 5* Sceucroft ** H* Weaver u r i r o y a l , i::c. wk. iE>.. RCiatrtdeinnger La P. a Oieringer . r. ** Jinrris :.7irs7os c o r p o r a t i c m sen. P. E. Leelcre p MM# I!. ^ 4 II, * t *3 * k # % Smith ** *** * * * >4 LTJS ASBESTOS OF "U ~ Z C LTT. . 7. Farrell R. Lefebvre C. S. Stieffccr. (Atareo} :r,iUF7.cr*Ji7v'-. saj i n e s s.a . R, Anval Olivo crjL*u\smr tJifT'j-.Rnrrj* tati . E. J. Le Asniav! society ron t e t t i r g atd h a t e r i a l t . r. O. licoderais Asnrsros t e t t i l e b s t i t u t : .0, Tacar., Executive Socr Guiris o? t r e a .t .i . Asherit 5.A. arehnllf* Cattane^ Adorar* Asbontos Infrmnticn Ta snei. North Arterien Vntthet.* '*. rv/etenic Industrial Safety Equipment Association Charles H. Funuelt, 7r. M.R. Bureau of Hines . Robert A. Clifton Jetai attendance during the tvo-dny naeting tas -".S people, inc 19 ucnsn and 3fi r*on - representing 12 companies or association V% rage ATI Concr.nl fleeting C/7/73 h r r v 7 r. s 1. n r General fleeting or the- Asbestos rr.vti.lc Institute war c to order by President n. Ccc'-'croft at 1:03 P..M., June 7, 10 2. President Seovcroft welcomed thn nembar* and guests in atte oaneo and introduced dour guests; namely, .Matthew fl. Swntonie, Executive Secretary, Asbestos information Association/Morth Am '`archello Cattaneo Adorno, Asbnrit E.A.; ilobort a . Clifton, bi c rionnotallic literals, u.C. Curenu of linen; and Charles Tt. . wait, Jr., Secretary/Treasurer, Industrial Safety Equipment Association, and member of its Safety Soaring Apparel Product f 3. Following past tradition. President Scowcroft asked each tie: in attendance to rise end state his name and company affiliatic 4. President Scowcroft called for the reading of the minutes ci last stated General fieetiner. It war. moved by A, Auzmuk, scecn<: by T. P. Jackson, and so carried, to dispense with the reading same. - Treasurer Z. A. Herris presented tha hnport of Funds of the institute as of April 30, 1373. C. F. Sti''fhn rovtd the repor accepted. The motion'was saenndet! by G. Limit and so voted, unanimously, A copy of the full Tcport is attached to these Minutes. * - in the absence of tJ. p., Alcorn, the Local Counsel address a given by Eugene J. Luff of Cadwrladnr, Vickcrshan u Taft. The: text of bis report is attached hereto, fir. T.eff discussed two cases one concerned with the illegal division of the nr.rkct, and the ether noting a connection between anti-trust violations tne private crurcise of governmental power. Zi H. Frith, Toe'epical t Galas Tenresfcr.tativr, hell Anbestcc Mines Ltd., delivered the Til-re Prouurtrs' Aeport {sou attached -"r Smith stated that crudes and ultra-long spinning fibers con to be in^chert supply but medium and short spinning fibers from *ho 1374. ha. pursuant to calling for Committoo reports hy the- renuactive Chairmen, President Scowcroft advised that C. G. Guerin had replaced I. Harnett on the ATI Technical Committee. Zi. following reportr. of VTI activities at the Comittrn lovr war- presented J.y the respective Chn-.iTW'n to tha gr.urrnl red-.* ere A copy of each Perort is attached h i m to. i *<t. : Tace 3 -- ATI Cenerai iiaotintj -- C" a 'lanufacturitr - r.. r. CV.r.ion, Chairs-- i- lK!tos Acvinory - r. U. Guastili- c1'------ ' * -cchnxcal - J. V. Sshrrd, Chnirra-. ; Tii.-ur aj*earsh c ?ustin<j - C. sticihta, r-.v-van- rnvironner.tai rionith - I. F. Biar-j-eu- __ I ' Ifc was mirtti hy Prosient Ccev^crcft that reepr* hr-' ^rcakthxoughs in Basic y a m production tcchn.-uar: Hnvc'Itfl"' t*iw astitutu to satk wadar rcprcsi.,T,aa,*":**n **i --- was r jporwd thet a rasult, th ATI ;`c a r Df Z - 3 f" 5? in ti,a.Coassitatior. arci By-Lavn ci `he in.olvite .-csccirtc- .Meimarsi rtiquiranurts. Ar-' enn* -*t*"*r 9ripa 2!c of ti a ! , - t a t o S i i r t ! '.-eavars of jisbesrot-containiniT fahrics ~nt --tv - " fr r - o \ sue.., .ho do not nanufaceuri tha Asbastos-cont^rr v* iT- " I * U 9 S M a ter X a o O i t g L Z ~ Z T ? ? ^ Proeitant r.ccvcroft referrod to tha ncv v e - f ,, 12^ Ag Statue! by Pronident Ecc*.*=roft, th-- ___ . a^--^T'r.fi w'izh. -scacutivo Soerutary vouid rective a k-- > ac.,, .oii.wdcrunt within aTjpreinr.talv tur da*.-- ' t--- +* r.,,-- c ? S y f rriVe n duc cours-' tuld**-a voli to so nrtvia thc'r.r K S d : 150"' t;<:narnl i^stincr of ti: Aihcston r e tilo lantitutr. ., , Ottobar :-r., 1S?3 .yc-ssara barbar Club, Un-icl-port, llisnachusatts ^urrt .ipeafiur -ili K-. ^ r_,,. . .. "cCi" r___ " , ** , (-o*iictt ..ePnr.clei, "pit>r.icloni ;- i.in Assoi.e.i.a..t.';rorn,ity, and fdieal AdviA-"s'o~- --na ,,-*... p'u>c,,*UN.*rc T...3ii->,Z-irtnc in ;\w Orl-.. - t . *'Iorin'b ^ctobar ir rioa.1.., ..oiuraana, x;i J'cbruar*' ir?'. * ^ 8r s & a ~ s 5 r a s a ,- Pntr:. A - - A T I S c r .t r n i .'lei;tine G/T/73 nu.-jting to o r d e r , J u s t o f f the o r e s .* , tin? b o o k le ts u e re -mb by the AJA/ilA and e re e n t i t l e d : The A shes tor. Ir .f o r r r .t io n Ass- t t c n / ::c r t h A sae rica, t*hat A sb o sto s I.*-- 'c' An:: '..'here I t I t : . w s t o s And H e a lt h , O u e s t ic t s anti >ors" id le s t c s And p--a and P ro te cta n t; The A s.so stes T o r k a r . I , ir n 1> e c n in c c c -*, -.fv a rc a v a il a b le ir o n the A IA /"A, 22 " a n t 40 th t r e a t , y,,-u York 1201C fbulk- r a t e s on r a im e n t i. " 1 rnsitl-Kt Scovcrcfi introduced the Auc-c rosal-c-* -n-~he- l-ctonic, executive Secretary, A r e n t e r Information Associate `2Z ` -'*'c - OI^-c i-'" TM p r o f i l e is . attach.-.:*) d is c t.ic --7AA.A, i . s ..o irsa tio n , i t s h is t o r y and ik e work i t ' n dni beh alf of the aseesto s in d u stry in the U nited '-Cates ~ v - t a lk e d about th e i r p a c t o f OKIA and E?A r e g u la t io n s to co n t-o anount o f a sb e sto s d u st in the a tr.an n h o re. j*t d isc u sse d -he tio n : buy has the A sbestos In d u stry k ata sin g le d out'hv cover t.>e p r e s s anti v a r io u s c o n s e r v a t iv e g ro u p s? He s t a t e d th a t in d u stry i s p a ssin g tiirough a c r i s i s p erio d in the H .I "a n d c * c s o r t i e s between tra d e a s s o c i a t i o n s *m uid bn ut-ncf ic * * ~ j i ^ t o n i c a d v is e e t h a t ho has been t a l k i n g r.'i t h the p rrsr~ rk o u a s-.e sto s and h o a lt h s in c e 1063 and t h a t out o f l " A - i ? r, - , nni.- 2 :*" * Y c r J =- f ia a lin r v it h a youno and' id e a la ^ g*oup, r.c s a l e . T rcr. a su rv e y tabor. o f th e at/arar.crs and a t " tovare the use of asb esto s, i t van disaovorad th a t asbestos i- f r ; f r : vf l7 urJ;' ovr- to t:i iFi'-ncrai p u b lic . The s it u a t io n charr i : : : - ? K hctVi!Cr* ;ar:jar- *** r u = :il - - w * in ta ra srin c to : f '/ r r , - mt i o a t o d th a t th o se in the 10-75 n r- h r.-ck -t ,,77*"^ ^- c u t a s h a s to s but t h a t aw are n e ss iucrn.ns.jd in th e ta '5 :mr= ~n` *'Rcn *3 '/ c a r s o f nge. A c r e v o f v r `. uV-.T" 5 Pr = c -tn tio n , in i t s e n t ir e t y , in a tta c h e d 'to th-m- *`osp -act f u l l y r.uhni * ::oris Tin..eut / / * '/ .: /c t , Eagan, Parr-tarv IC T I; law; e / " 2 r 0r:* i,"rc'ii ~ l yur copy osif th e C..o.n s t it u t io n ,an^du 107^ institute, rc'vir.ad an of June 5, I.* 1 tt.jrt-u.i . o. t.iu ky-Aavs (nnc.j 71 ic rii'i*,,,** +-n ;z l t ~j o s Trirrzir i*:rrir:~ Vrsort of 'ur.Jr as or Uolance on Hand January 2 , 1 3 7 3 -- General Fund Pasnrvo Fund Terry cash rur.d Total on !:and . . . . P.ccciyta To reserve Fund -- Interest najucmsnt to 1 V ' 1 /T2 Dues dor Veer 1373 To General Tune -- Too!: Tales Insurance Credits Total *ireceipts . . . , * i,2r*.33 3 , 3 3 ' . ?n 117 .n i-:,2oo. 07 115.2? 37.00 Disbursements Rental of Office Space (5 iwnthoj Telephone {A nenths) II.J. rnnicynent Tax (tb Otr 1P7T!) Federal Inccnc Tax (.Jth rtr 1 3 7 3 j" reueral Unerplovnent Ta:: (Year lr72) ^ e n r a i -acc~e/7'XCA Trxo' ilst rtr 137 Ta. tinerpioyi.'ent Tax (1st r>tr 1373) Ta. Inccsf; Tax (1 st. otr 1373) " Secretary's i!st viacan {' nor.tbs' -nsuranee for 'lev Office rjuar-- a-- Tostace, Printing, Officn Sunnllar., et- nevisien of Fibre Tr.nt v ^ V ' Lon.-u Cervices <v rxnmner. {tb n `-- 13**11 -- / lSC:--f fy '--a"nhV*vc"uric3lVeiirn"nncr.nr C3/73 nootinr) r*2. r^" 370.00 135.3? 33.75 711. 70 15.00 1C ;S. 03 5.22 1 1 in sri!no 1-15.70 213.3? nr --^ ^ e ** 0 *7 .<tc 172.1? * . V 1^ < **isc'-- cu*-t-cn iron last itatcm"-* Di-iiucr o*! llads an of April 20, 1?73 ---- General Fur.cj ~aservo Tend Petty Cash Fund .-i-r~L 3 0 , i?73 . . . . 1,403.0* Ar,a-ir..ri *7 m T072.L 7.v:`.:i,,*'>Tjr; rr:::o.S . -s^ats as of April 20, 1 0 7 3 _ . rusir` ns lister. Ai'Ovt* 1 I, m r 7 m x t u r n t, ,.qUi:;r>rnt lner,inftl vriu;j) 1#(W t o t .'j , 7v.or.rrr......... ~ 1 t t 21. 21, . 5 ? i ,; [rresented at .'.ri General hurting, ,,7ur.c 7, lf`73, at v..*y rri 'larriott, .hrlir.ytsn, Virginia] ;e dcnnr.d rouaheut the ucrld :r., notch lv in >`t Grout ar.c 7 Grouin 5 and Croup fibres, this na. r.:gh not to th sa.i:.a eatent an th, previoualy-niineioned * and 7 Groups Of nain interest tc rwnbnrs of the 7..7.1 . art: th;: spinning ; Group 3 praties. Cruder, anr, ultra-long spinninga. continue * in short supply, hut the n*adit:n anil short spinnincs in the : 3Z range are in fair suopiy fror. nost producers. "o short at foreseen in these grades during 1773, althoueh individual p: eers nay he tight in sore specific cradinrs. ' Thwre are no indications at present that there vili ha a -r change during 1374 in spinnings; hew-aver, ir. short fibres, current ovcrsupply of CO fibres nay he closer to halar.cn year. One or two now nines ir Canada are scheduled to cone into pr ticn in 1?7S, hut there is no liheliheod that they will pro.: any spinning fibres, Che sa::tc is true cf nev seureas in /.us cralasia. Valter iT. Scith '.'uchrical /. rales ''.npra.se:*. *<<rt'>** i^;*.--.ttoaf t.^1 #ii*(04*$ ***.,to*. f'.A- /* m : r it : r r - w -- r :~ /. `I'ljTrr' c t c r r *:r, c~.*. * jestos vrttct-c _:-TCi t'StO Juno 7, 1972 - - Cey Eridcfe ::trriccc, .'jr-infrtoa, '>irni: The Corraittse sset " ith sixteen r.crdjzrs and cjuents in act: a rcpmstsntativii of ter. ccnpanies, as folic*-*?:: Amatox Corporation H. H. Tir.itnr* Morristerm, Pennsylvania Asberit 5.7. M. Cattnneo (Adorno), Hi ilc Janeiro, Ernrii Cadwclndcr, wiekershen & Taft E. J. Luff, liew Verb City Canadian Johns-Ilanville Corrnr.ny Ltd. J. P. Power, Asbestos, Quebec Gaslock 2nc. r.. C. Tixit, Palrr/ra, Pew York Johns-iianvilla Corporation C. G. Guar in, flanvilla, 'V.vj Jar toy U. n. Eeitae, Qnnver., Colorado Labe Anhostos of O 'J-.hoc Ltd. 2. b. rr.rr>ill, "e*.f York City . 2. L. Lcfehvre, nine''. Lake, Ouohnc k. 2. Porter CcTrpany, Zr.c. 7. C. bract, C 1mrioter., "orch Carolina ... E. tlnody, Chariettu, torch Carolina Raybostor.-;Tnnhntcan, Inc. R. T. Jiatthcu, torch Charirr.tor., Pouch Carolina 2. ;i. "caver, ilanhain, Pennsylvania t * Uniroyal, Inc. W. 0. Eittincer, T i m e h o r n , r-outh Carolina 2. E. Cardan, konansvillu, Cnernia I. T. Eirirjar, CidAluhury, Connecticut n ,r ^ o t i n e incliidcd discussions in tha following areas: dun (fiber) counts improvements, special checking, etc.; and m e ojtovsrioncfis with 0CW7. inspections. .lrn taktny dust counts, on*: ciu:pnny no** i**> nnir.o a nnchod of Placing the filter intake vnlv.* near tV: y-r.-.nr.:t non eh end r.rv Pac'. .uten o the ATI Air Hygiene r. lr. C .?c - ant', in roas casen vili un fr>o units with the .encrd on the employee's shoulder. Also, it was pointud out, again, that the; height of the p'"being chochar, has seta hearing on the lust count, bust cn sarteIt s , -'hen cheche by different neonlc, shows n diffamo, a variation of as nuch as 5 to 1 and an average cf 'Ot vara plus cr minus, with nor variation on higher counts. Spacing of aguipr.ant using a larger area an:1, using a second to recirculate the air has shewn sonc mduoticn in dust cou: *ihen stripping cards, use hoods placed ns lev as poosihlo o' tho arts and strip with a brush attached to a vacuum Sort utilise the Abingten systen when scrisping cards. On* plant reported the use of a light spray (T-r-x) on nixes roughly 2%, while another plant sprays carrier cr.iy with a r of water anc ban-set. noth plants report sent reduction in as a result of using the sprays. In a recent ulant inspection by 0"EA, one csrpar.y received s fines for the fcliowinn i t e m : * 1) Gene enployees with no respirntors; 2) Csspany had net provi ried prete etive- clothir.g in rocuirad nrcas; 2) Citations resultine in fr.ro 27R0.0R fine-: far cxeasd.inc five (5) iiA-orn in or.o ar*n and a tirtr.-- itightod avr.raoH of ovar tan (1rj fiburs in tncthtr area. * -n sent recent canes the OPTI*. Agency han reducer* ~ sst counts 251 cfore actually i.seeing a citation. 5nr. plan s.n are unir rental unir erre as?. 1oc.hurs both furnish;*'! by th-u nettai unii pr.-cpifi. Ohe uniferes , fr/o pur employat each we sh, nvf'rncjns ; 22.51 weekly. In cost ,casus tht rental ur.-ifom is a short-sleeved shirt and pants only, and this has baen acceptable. Respectfully r.uhnitte Hucl r. Carden, Chair n : k u: : s ASBESTOS ADV~r57-V C P V_'!I777;E .tn;;i't03 Institute 7unc 7, 1373 -- :;ev Bridge Harriott, rili-t:;::,, Vircj n: k ~ z z : 'v r z : c z : E. TT. Eusseil, Chairmen T. F. Jackson A. Hamuli *:. j. scanian I*. 0. Sccwcroft 3 *! Fsosn# a I r^scutivc Sccrstsry E. w. Luff , ATI Legal Counsel ..".a Sears of Governors of the Asbestos 7e::cil* Xr.s-*-u-f. too); victicn at its Ecptrcthcr 1377. Meeting to ctnne*' twe -nstitura s Constitution and Ey-Lnits. die che-ra ' weavers of asbestos-con raining fabric*; and t o n e s f o r a*c*~? **3 suc**' *'T';o 4* not Ranufncturs the asbestos v-i_.- t0 el^ hl* ior Associat* S r ^ s ^ n ?n i:;;" " - f a c t i o n , the Shuster. Advisor-/ Ccrr-.irtro\rte .-cue-.ed to c.etcrtuno n noc'iod of enc.~r.ding r:.:`.<;rsdip.~ After considering severs! .-.Itrrr.nciv.v., C-- if?;- o?i Q. ieevereit to p r - = r c T r ' ; 5 r t f " " "ri a ^ io it toe ir?: i,aie Oi .tri-- t nftf ,,..ae. an release ill scat:: *>.- t'-.-r ____, '\ V1"" publicly intend narrornhip to choc; curl* V``"*^-{inu ir.teresceu. ?. p. Jaekscn of .Tohns-Hanvill.. Cerio-r*^-- wall serve as ;scff*er*Iiip Ciaiman, ------ r.ecpectfully submitted, i`* iiur:nr.1 1 , C*iivirc:sn .1 M i; n r e ? TECi-mcAL ccu:;i7Trr Asbestos Tortile: Institute Tune C i 7 - 1373 - - ;;t:y .bridge 'inrriott, Arlington, '.'ryir i k .\rrr:iDrj:cz: j. V. ttv.ikir.s, Ilnybastcs-llnr.hntcan, Inc. rK '.innchant, .Viatun Corporation ?. o. Ilicedecus, '.iior.il Tlr.ctric Cor.panv/:.-- c" Guerin, Johns--!Vinvillr Corporation vw* T7. r.cherd (Chniman), ::. Porter Ennpony, I Carl C. Guerir., of Johns-'ianville Corporation, van uciccnec' a-: nat/ cieauicr of the -'.Cl Technical Coiraitter, replacing Irvin. Earn 7. special acting of tha Comittoo. vas held on Juno *th to r-'vi th ACTA Standards for T a m , Moving, ant'. Lap. The Corttittc-'c" proponed statements on precision ant' aeoursc" tier" ptorovri '>*' the Editorial Comittea of A7Ty n-13 nr. bcir.o editorial. Vo-V-v* the statonents vrere rejected hy the AST*. Standards Editor vho - canted they must ha put to latter ballot after astir,-ninn a sah.-; for intor-laborator;.' testing. The snr?las of yarn,'roving and : wii. he analyses: by Eayhaston-.Manhattnn, Inc., ha-nans; r0-- ora*--General Electric Co-parry, GarlocJt Ir.c. and E. Porter Comas-/' -r.c. Tasting should ha completed prior to the Spring 1??4 neet: The Johns-.'ian'fillri turfsicr-test procedure van rtiseunsud *s n -s f;`''rErr:"?0 -hV dustiness of various asbestos nrccuct: * -*nv;-.ir.t 'rill deterraine if this nnuir-rvont is avniinh'-' r-s~` ATI evaluation. Che feasibility of hoi Ininn a similar ''ill he considered. *" ..C.., Su.iecrr'ittee .il3.14 ims been rccucstas; ;:y tha i;,s, :inw to caanoc_^-315 Asbestos Tapes to consort; with rv.dnral Epcsificati" so it nay ho u-.nd for direct nmcura-tnt purposes. re vision *-?ould require the addition of a rur.lity assurance provis; section on pncl.ngino ano an obsolete table on taoo stvlon. "k ATI Technical Coiraittoe feels that thin inf emotion should act ' included in a "liatorial Cprjcification." r. 0. hinounr.es i'iil"rc vie*.; the objectionable toxin vitb ATT.'i ha fare replying no the A draft of proposed .Military Specification `7.A- 1 -30S3r~ ~Irsula- tion, .lectncal, Ashasto.-.-riher, Treated ar.d Ur.treat cl" t-as -uamtted for approval. *_: Chniman r;ar. instructed to r.w.irst c..,..nsion for cosnunts until after the artah r 1T73 Cnmittec r.* A**Ci asnactfullv r.uVrittc '. Tchord., Chairr I; * I I rrnrr. T,~s~*.~:r:' o rrrszr.'.z crrtrrrr Arbostcs r>*rilio Instituto June 7, 1271 -- "cy ?riene tsrrictt, Arlinetcn, "i: `lAAMCI : t*,T** C. GtreiA '* n. Sriab, b. n. CUildi: c. z. r.tief?:i :c. Ir finir.'1 TAc rentier vas totnily devatnrl to discussions of tha procra th 3rd Aditicn of tho Ghrynctilo As- riotos Toni ."innual. * It wns noted tAat ths ACTA {.'Jtiostos Coment ProJuetn tsoris h.vs Anccisa defunct And sil rtftroncar, te tAat arrenisatine bor-r. removed fren. tho nev nnr.nnl. It v.*as decidan tAst for futv.r.: test cnlusior.r, a cubiti tato 1 'ule; bw in^urted into th* r.ar.unl, eor:t*.ir.irc tho previ cu. ti mattar -*ith as :rjIsnntion of th rnsor. fa:* dolutine. It -e bu indicate tar th test could ho obtnir.-se: ire:: ATTI, if rueuirac. Sitiev ACTA is dofuros, tAa ATI ha:*, for thu record, s^rr.r.C te sponsor an oric;ir.*2 AdVi test -- ."croartA ir Asbestos Corveta Products, r-2. Aist G-?, I.',:* hr.-nutic Astine;, Arn haon r.pyrovnd for soennor* by tAi ATI. " editori ni turar,or. ,r- buon Asncrl'l*'*d . cAannos, Chic rr.ft vili untine Corrtitt.ro. to the praattr fr: 7ir.nl typie, ohr for prir.ti1:0 , hnp, It vili h.- hulpal for the ro-ibcrnhi;1) to nu:-r.it cepy rnemiror r.ts to Aoris raenn as oo:: r.s osnihla. ''otjx'otfully subr.itter' C. rtiofho; Ch.nir tI I :i *< i*u y11 * o ai r; n y n Il o u o y o p-:i i il U " rt I ft o c* o r.:j r*m D P- un c pip; y o o t* y y- n o o -i- -a r* m O p-c t* y c p - rt f i- O .J f-'l Ml H tu P- O M <i ` 3 U K P-U.:i c ; y / tl**' o a ;i u p y o - T L*. .3 I m :/y i - y y -- I* .V o i* o p- o. a ft fTif in n 11 a O M [j 3 o y Cl ;i rt ito * jfbc 3 o fi op u o n rt a n r y c <a 0 lJrt y it :r-ilO ,T! C p y yy y o J 0 p-fj o p y ttrtrt i p a Pi !;'. c 3 C T. 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V r -t *# f G o M 1 a ti u :t e1 t r j p o "J n nh y o o o lIStl flTi P c. < t n :rit ,1 , n 0 : Hyo o p o r: *.i a Il o p y *t 3 r y o-o r* y r- 1' 3 j rt 11 rt J .'i t* * p rt y np.j,j I Z "J Ti >' o ft i. rt H u 1rt n y a O eu rt 1O U Ml o y *3 M t| Si " fi I- :i .*3 n r j 4 r m * * nU c - p- ;-j- ij r.;i it H Cl' 2 - lir.utao of th AVI ravirnm; r rc~ru.tr<-c n'orhidity rial:", no nev reported Z'S:vrrz~- ec'TT'er.t:: and tion of r.in: studies net available for a. n\jr >-.r cf v^trs, suhcr.rri.ttue cn nshestos stated, "It it thcri'.Ior race--' that no change? he uadc at thr: preorr.t fine, hut that t1' scene,art! ho 2:eot under ravior." 3) Tarej r-17, nioIorin.nl hf^octs of Cancer - report of Advisory Comittcte on Anhesuns Concert to the hiroerrr o: Inturnar.icr.nl Aoency for Vosn.-treh or, Can cor - hepor* div; into t**o parts, the first r. nuustir.n-nnii-nnr-.-^r section dovoted to the latest thinking on the relation of nshont: exposure and cancer, and the nocand to rtcorrenuationn ft future research ir. epidcriolntj-y, pathclncv and physics a: chenistry of asbestos-related cancer. ...... ha "pentfully nuhitittoc J.. *-*, Morin-;-, C'tr.it i I > :r. or cctrv 'chistes V~"-i1:- Institute General ''eating "une 7, 1373, rlingtnn, Viromi' hi the rehruarv General ''.noting in .htiarcs, ren^i;. .'.learn p-n to you rrsvsrisof counsel dealing with illegal divisions of territory among competing sailer*;. The e m u s he ruferra- to ti dualt with o.jrpiicit" erryments in which the nap war corvee' 'in r thu sailing companies involved on the principle of "cue rrr;nr. one c o m p a n y T h u decided cssus hove hold such agreene-nts to i unlawful, with c few United erenptiona. T-. recant cn.se has focused attention on the division of markets th--; agreement cr plan is net clearly spelled out. Ir. Hch.art r.ra Cci'oanv v, halcclr. 7. "illlord, Ir.c. , *17X r.Id Gf'*- ta Cor. if curt, ennied, *1 U.C.!.*.>. (.".ay 2Z, 1P73), a distributer of '.aiding oguoprunt won assigned by thu msoufaeturar "primary responsibility" for distribution in " o r t k n m Cunrgia. The nntv. commercial instincts cf the: firr., however, led it to begin nail in Tennessee, which uas net only outside tiw 'inrthurn Gaorein territory, but was vithin an area suerline! ciruetiv by the menu rarer. rvntu.aiiy, the distributorship acraar.ar.t '-'fts cancelled ti*: manufacturer, and the distributor sued the manufacturer, charging an illegal division of territories. the defense nnuhasiend the a^npoca of a written contract prohih: isy th.a distrihirtor fren seiiinr in -any d .articular croc. There h e m such an .ayruencnt years aarliir, but ccu::nl had rerandim* : prr-nlras by drafting r w contracts Resigning "trass of primary responsibility", which did not on thair foes U n i t sal::.* risc**h; 7ha courts neverthuinss hole tlw- orraagnr.aat to he illegal. The Tifth Circuit Court cf hppcnls state:, that ".*. cil-cvr. undr.rstnrd: can > shewn by the court,a of conduct of the parti*." The chi.: doraginij evidence was or. ir.trn-offion rare fro:;, the Tennessee c!i trier rwpr1 r..-r.totiva of the manufacturer to tbu hr.r.c office vhi: roper tael tho distributor's calcs ir. r-.r.ncasca and urged the man: facturar .to "counter" hy sailing directly in thn distributor'0 territory, herthorn Georgia. f ' 7-a- of the important teachings of this e.as: is that corpli.ancu . the -antitrust laws - whether the issue is priors, d.istri''-.:tier sohurscs, refusals te donl uith certain companies, or ary thorn sansitiv*' trad-* regulation natter - in not achiovud }: nnra.lv avoiding the o'virus, spt.-llod out transgression. Tar- rtuwt !.-.n taken not no lessen competition indirectly or through ur.urprossud understandings -a-. tv.ll. laving mentioned violations o? th> Is*.* t-ircucbi nrr > devious stmts waich to nu appropriate- at td:in c.atl:tirir.e , so close.to tha '*-irgote building, I vould like, to note .annootthhur cnj:ecti('n Hr,- t'-'tun antitrust low and *vtlicier. ABOUT THE SPEAKER The names Matthew M. Swetonlc and Asbestos Infor mation Asscclarion/Morth America are synonymous. It was Matt who developed the original AIA/NA Prospectus in the Pall of 1970 and who prepares the presentations for both the introductory* arc the organisation meetings. * Upon J-M's decision to move its corporate head quarters to Denver and Matt's electing not to make the move, he was employed as AIA/HA's first full-time Executive Secretary. For the first three months of 1972 he handled two jobs: Manager of Environmental Affairs for J-M and Executive Secretary for AIA/NA. During this time he orga nized the industry effort for the EPA and CSHA hearings and wrote for others or presented himself six major presentations in a period of 45 days, a record which he states he hopes he "will be never asked to break." Matt is 30 years of age and is married. He is a native Hew Yorker, was reared in Easton, Penna. , and new resides in Manhattan. He holds a B.A. in Creative Writing and an M.S. in Journalism. Following a tenure as Feature Writer for The Eas ton Express, he joined J-M in July 1965 as Associate Editor of Hews/Pic, an employee maga zine. He was promoted to Editor in January 1967 and one year later was named Coordinator, Special Projects. This is the job that granted him the expertise to superbly fulfil his duties as Execu tive Secretary of the AIA/1JA as the major responsi^ilities included writing J-M asbestos-health position papers, preparing speeches on asbestoshealth for top J-M executives, working with J-M public relations counsel and learning asbestoshealth literature backwards and forwards. :jky a s s t s t o s ? A Presentation Before the Asbestos Textile Institute Arlington, Virginia - June 7, 1973 Zy: ilatthew M. Swetonic, Executive S e c r e t a r y Asbestos Information Associaticn/borth America I am sure that nanv of you have asked yourselves, as I have as nvself, why has the asbestos industry seemingly been singled c as tiie prime target for so many assaults by government, labor the press, certain segments of the medical profession, and by various environmental and consumer activist groups? \Thy us? Can asbestos raally be all that bad? Are the product: produce truly going to kill millions of Americans, as same expt hove predicted? Or is there seme sort of nefarious conspiracy afoot to destroy the asbestos industry? The answer to the question of "Why us" in both complex and sim; Comolc:: because it is a combination of three interrelated but separate factors. Simple because each of the factors is, when considered by itself, quite obvious. The three factors are (1) asbestos can cause disease, (2) a s?e man arose to champion the need for Asbestos control, and (3) a cornucopia of new government agencies were set up tn control materials and preduets that can cause disease. Let us lock at each r.f these factors in turn. "irst, there is no doubt that the inhalation of substantial ar.c cf asbestes can lead to increased rates of various types of lur disease, including two forms of cancer. These are facts which net be denied, even if they de not apply in ail circumstances under all conditions. The medical literature is full of solid denes linking asbestes to disease. In my office, I have on fiI mere than 2,000 medical papers dealing with the health risks o: asbestos and hundreds more are published every year. Secondly,'the spreading of concern over the health risks of ast tes has as its prime spokesman one c the most talented medics: publicists of the age -- Tr. Irving J. Sclikoff of How York's .* Sinai Hospital. Pet cnly is Dr. r.elikoff capable of arousing t ire and moral indignation of the most conservative reporter or politician vfith his graphic descriptions and predictions of the ravages of asbestes, hut ho has also surrounded himself with a group of similarly talented associates who have carried the Mot Sinai message to the far corners of tha nation. ^nilc Dr. Sclikoff has, in his zeal, unquestionably painted a f r!<?r picture than the facts viarrant, we should always remembe nis defense that the inr.tilatinn wrk<"r he bar. srwdyin' Pace 2 - TJIiv Asbestos?, by II, M. Swetcnic, m a /:::. Presented to the ATI at Arlington, Virginia - 6/7/72 mere than a decode were and still ere dying from asbestos rcdisease at an appalling rate, Such a situation would be suff to make a crusader out of the cost conservative cr scientists Finally, in the past decade there has teen a tremendous erewt: public'and governmental interest in environmental and occi'.pat. health martars. This interest has born translated into a scr. of far-reaching laws affecting industry in a manner hitherto unknown in this or any other country. I believe it is accural say that these net/ laws, such as the Occupational Safety and 7ict, the Clean Air Act, the Consumer Product Safety Act, and c have forever altered the concent of the free enterprise system was known in this country for 1 hundred and fifty years. Thus, in combination, those three factors created a situation which a cadre of freshly created federal agencies, with strong statutory- authority, were prodded into assigning priority star asbestos by Cr. Selikoff and his followers, who achieved these through skillful use of the great wealth of negative asbestesdata contained in the medical literature* In short, the asbestos industry was singled out because it was vulnerable to attach, because there was someone willing to iea> attach, and because Congress had graciously provided the vuhlc for such an assault. The background of industry efforts to deal with the asbestes-ht problem as a national issue goes hack nearly a decade, to Cr. Selikoff1s now famous 196*} seminar on asbestos disease at tbe : York Academy of Sciences. Vhile this seminar did much to pricj industry's conscience about asbestos and health, the problem si remained one of limited public and press interact until around 126?, when the media began beating the medical bushes searching stories that would graphically portray American industry's sup; disregard for the environment and for the health and safety of workman and the American public. The asbestos-health problem i found to ba tailor-made for such stories. As a result, startir with Paul Dredeur's infamous He'.? Yorker article of March 196S, asbestos has since grown into an item of major press interact. In those years, industry efforts to combat the spate of'negati\ press articles on asbestos were carried on primarily by the boh ilanville Corporation, which set up a task force or specialists various fields to do what it could to portray the problem ir. it proper perspective, t'hile some minor successes were achieved, v*os no one company acting independently could ndeejua or c*-actively represent an entire industry in dealing with the press and with government officials. *.s a result, in late 1970, eight companius gathered ir. i'Jew York to launch the Asbestos Information Association of Morth America Pnce 3 - Why Asbestos?, by H. M. Swctcr.ic, AIA/HA Prese-red to the ATI at Arlington, Virginia - 6/7/73 which was patterned after the British Asbestos Information Ccr. tec, which" had been established seme three years earlier. In our original concept, the Association would Iir.it its ctiv to providing accurate, unbiased information or. asbestos anc he to the press, to the public and to interested politicians end government officials. It must be remembered that at this part lar time, the enomous problems that would later devoice with regard to OSHP. and other Federal regulatory agencies were as y the distent horizon and basically unrecognized hy the industry Fortunately -- and properly -- the /Association has had the vis to alter its original limited concept of its proper functions, now endeavors to assume whatever activities and responsibility deems necessary to protect the interests of tbs asbestos mnnuf< turing industry in -the United States vis-e-vts asbestos-health From this rather narrow initial public relations concept, the .Association has grovm in the last two years into an orcanizntit with priorities in eight major fields of endeavor. These arc: Medical Affairs, Legal Affairs, Environmental Control, Custeme: Relations, Employee Relations, Inter-industry Relations, Pj^ I k and Public Relations, and Government Affairs^ ,-s- " To take these activities one at a time, let us start with medic It is an obvious fact that if an organisation is tc speak authc tativcly on a medical matter, it must not only be steeped in ti literature of that particular medical subject, but it must nisi keep itself constantly informed of new discoveries and develop: This we have accomplished in a number of ways. For cmer.pic, bsending representatives to important medical meetings, such ns' 1572 Even, Franca, international conference cr. the biolcgi.cn! effects cf asbestos, which was sponsored hy the T`orld Health O; we also meet cn an irregular basis with various medical pert the field,, both from the United States ant abroad, to review a discuss recent developments and discoveries. Our literature research is eased considerably by receiving the monthly nodical paper distribution of the Institute of Occupnc and Environmental Ilealth in Montreal, which is funded hy the C. Asbestos Mining Association. This year, for the first time, the AIM has elected to sponsor nodical research of its own. Currently underway is a complete! a *'*/!JA funded study of chest sounds, which is being conducted 1 Dr. Raymond Murphy of the Harvard School of Public Health. ?h. purpose of the study is to find a new method of determining an individual's potential susceptibility to asbestos disease.* rage - Why Asbestos?* hy h. M. Svctcr. Trcscnted to the ATI at Arlington, Vire. <ua^//*n - 6/7/73 The Association has also recently decides to cor. ribute to sc -inciting research into a possible core for meseti eiieme three leecrcmctive treatment. This study is being c: r>wUCt2* 2 1 S hospital in Kcw Jersey. Ir. the legal affairs area, the Association participated in ar. adieus currac capacity in the lav; suit brought !*y the Inuustr Union Department cf the AFL/CTO against tnc Cccvpaticaal Safe Health Administration cn the asbestos standards. In cur brie Association supported GSilA against the ITT, senevhat of a uni position for an' industry to find itself ir. vis-e-vis a govern, regulatory agency. Oral argument on the case was held April Washington, While a decision has yet to be haariud down by th. of Appeals, we are confident that the case will be decided in favor. The Association has retained the cervices of a special techr.i consultant on environmental contre! affairs. At the present he is working with th.- AIA/IA Environmental Control S u b - C o m on the development of a series of five Association compliance manuals on the OSHA standards. Last year, because cf the well established unreliability of th memoranc filter method as a monitoring tool in the asbestos industry, the All. undertook the sponsorship of a study at a research laboratory in California to determine the effect of c variables on the overall accuracy of the method. The results the study shoved ar. error factor cf plus or minus 50 per cent the most favorable of measuring renditions. These results wer to both OSHA and to the Rational Institute for Occupational Sa and Health. A number of the recommendations contained in the fer improving the accuracy cf the method have beer, incorporate a sccn-to-bc-releaseu revised :ncs:i operations manual on* fiber In the customer rclotions area, the total effect cf negative p publicity and government regulations or. industry' customers is today rather poorly defined. Seme members of the Association reported serious problems in this area, -.hole others have experienced few or no difficulties thus far. 4 ' Where customer problems do exist, they normally fall into one five categories. F-rst the customer hns thoroughly investigated his situation has found that he can no longer afford to continue using uebos or asbestos-containing products, either because the cost of control is too high or because ho would have to raise the pric- his product to a level that would make it non-competitive with non-asbestos containing substitutes. * Second, the customer has not thoroughly investigated his situn and only thinfcs that he can no longer afford to continue usinc asbestos. ' Page 5 - 'Thy Asbestes?, by il. il. Rwetonie, AIA/UA presented to the AT- >it Arlington, Virginia -- fi/ t/7Z Third, the customer has reed one or more negative articles on asbestos in the public press and has made the snap decision th "we ought to get that dangerous stuff out of our plant." Cfte decisions of this nature are forced on top ranhorrent by illinfo-- ec medical advisors or safety and health directors. Fourth, the easterner has neither a control pmbliur nrr is he p cularly afraid of using asbestos in his own plant. Ho*-ever, h fearful that those of his competitors whose finished products contain asbestos will stress the adverse health affects of asb in trying to take business away from him. Customer fears of t. nature arc essentially "gut" reactions and a m hence extremely difficult to deal with. Fifth, the easterner has none of .these problems cr fears but he been advised by a government official or inspector that he wou: better off if he quit using asbestos or asbestos-containing pr: in his plant. While this problem does not appear to be widest: we have learned of a number of situations where it has occurre; Actions or this nature by government cfficials are totally unc: for and should be dealt with promptly and decisively. The best solution is to obtain complete details on the incident and then register a formal complaint with the offending official's imm.ee superior cr with the government agency involved. The Association's first reaction to the overall custsncr relati problem was to approve funds for a scries or four regional serai at which industry customers would be given a number of basic pr rations on the various aspects of the asbestos-health problem, seminars ware tentatively scheduled for the Spring of 1273. However, the experiences of a number rf eu. > h* i* i i char general "catchall" type seminars of rha type orig contemplated would not he effective in dealing vich th customer relations problems. In craer to do the job p: was found that customer presentations have to be tails, needs and problems of the individual customer. >*4*V* J rW . -I' * najnrit; :porl y , id to th As a result, the /kssociation cancelled its scheduled series of seminars find instead d u c t e d to develop n number of packaged cl. presentations "n such topics as "The Facts About Asbestos and health," and "Understanding the C.THA Regulations,* which could ;* used by member companies as part of a tailored presentation to individual customers. As with customer relatione, the Association feels that employee relations is a pr >hlur. best handled by the individual member companies. Thus far, the /.TA's sole contribution in this arse c industry concern has been tc prepare th.* draft of an Employee fi end Health Guide on Asbestos-Health. The draft was made availat to the number companies for their own use- and at least one has produced it in booklet form for distribution to nil its employee Parc <3 - Khy Asbestos?, by M. Gvetonic, AIA/NA Presented tc the ATI at Arlington, Vircir.ee - /7/73 I personally believe that the employee relations aspect cf the asbestos-health problem is one that has been sorely neglected aat companies within the industry, and that it could develop a mnjor problen area in the near future and that steps should taken now to deal with it. t'e knew that various organised lab groups are planning a full scale campaign to brine their inter tation cf the asbestos-health prrblen to the attention of ache industry employers throughout the nation. If the industry per this interpretation tc be disseminated without rebuttal, the consequences could be grave indeed. Inter-industry relations arc best defined as keeping the indus informed about important new developments on the governmental, medical and press relations fronts that affect asbestos. This accomplished within the AIA by periodic distributions of dccum and information to the member companies and to others on our mailing list. - The value of this activity can be gauged by the fact that our overall mailing list increased from approximately a dojen name: 1971 te more than 60 a year later. Tlhile we have had to trim list semewhat this year for logistical reasons, v;e assume from frequent requests ws still receive to be placed on the list th: the r..iterial we send out is being read and is of considerable value to those receiving it. Next to government affairs, our public relations and publicity activities constitute the single largest consumer of time, effe and money within the Association. Those cf you who are familie with the treatment that asbestos has been receiving in the publ press ever the years can readily understand why this activity r so high on our priority list. * * i?nat you may not understand are the reasons why cur extensive efforts in dealing with the nation's press have bean sc unsuccc ful tr date in producing the theoretical "balanced" or "pcsiti\ story on asbestos and health. The simple fact is that from, the standpoint cf today's young activist reporter, industry is the bad*guy, and nothing ua do, or achieve can ever change this imprursion. If we spend 510C million dollars on environmental control, the press either nays ought to have done it tan years ago or that we should have sper. SI00 million. If v/e sponsor medical research, they say we are trying to buy favorable results. If we arc opposed ti* ridiculn stringent standards, they say wc are in f a r : of letting ei;r employees die. A television executive! in Minneapolis described this new bre :;c reporter ns being "so intent on dcnclisning the establishment t t.iey wculd blindly destroy the credibility"cc the media in the gain." Another TV executive, this time in Chicago, stated "thw Pace 7 - Why Asbestos?, by !i. M. 5we tonic, AIA/T'A Presented tn the ATI ,it Arlington, Virginia - 6/7/73 want to make moral and political and social judgments on thei: assignments and then take sides. Hover mind getting the facts straight." As a result of this "industry is a monster" philosophy, ashest will remain a hot news item only so long as the news is bad. "good" that asbestos does in protecting lives and property is no concern to the press. Likewise, industry efforts to protec workmen and the general public from asbestos exposure will alt. be given minimal coverage, since such informaticn is directly contrary to the portrait of an irresponsible industry producir. "killer" product that is the sole element cf news worthiness i the asbestos story. The press relations battle will therefore he wen, not when the media starts to print positive or balanced articles about asbe but when the press ceases to print anything about asbestos at As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media wi only cease to carry such stories when the generation of negate, news ceases. It is as simple as that. Positive or balanced stories are a chimera, since they are, by definition, not newsworthy. Let me give you a very specific example of this last principle action. As most of you already knew, the Association is currc: encaged in an extensive campaign to interest the trade press i: articles on the benefits of asbestos and on industry accomplish nents in the environmental control area. The trade press, uni; the national or public media, is much more receptive to artidt cf this nature and we expect to be seeing a number of positive st=--es in the trade press in the next few months. In any case, we also fren tine to time put out press releases c various subjects relating to asbestos-health. A few weeks ago, issued a release on the report of the advisory committee on asbestos cancers of the World Health Organisation. In brief, report concluded that the general public is not in danger from asbestos in the environment. Thus far, we have received near!; two dozen press clippings from trade publications that carried story. To the best of our knowledge, not a single newspaper, : magazine, radio or TV station, or any other segment of the cub media ran the story, with the solitary exception of a French language paper in Toronto. As I said before, if the news is g: the press simply isn't interested. nonetheless, the Association has no intention of abandoning cu: csforts vis-a-vir. the national media. We will continue to issi aPprwpriate press releases, cooperate with feature writers dni: stor*us asbestos, write letters to the editor when those nPPar, and in short, do all wo can tc present the pro; with a balanced view of the asbestos-health situation. Pne - Why Asbestos?, fcy ri. n. Swetcnic, AIA/I'A Presented to the ATI at Arlington, Virginia - 6/"/7 3 Cur scat recent effort in this regard has becn the preparatic printing of an Asbestos and health lr.fcrr.atirn Tile, which 'jc nailed to sene 3,000 newspapers, magazines, trade publication radic and TV stations, science writers, etc ,, across the Unit Z tntes. Aasieally, the file contains copies of five industry position papers on asbestos and asbestos-health, as well as a number o. important mecieal papers and a pair ef photographs illustrati: the benefits of asbestos and industry efforts at environmental control. Ubile we don't expect our information file to change whole attitude of the press toward asbestos, wo ara hrping th: the media will nnke use of it to accurately report the indust: position when doing stories on the subject. And now, having heard the bad side of the public relations pr: it's tinte for sorne gnod news. And the good news is that despite all the negative articles or asbestos-health that have appeared in the press over the past dozen years, very few people have been paying attention. Act cxelain. " In February, the Association undertook a personal interview research survey of the American public to determine its attits toward asbestos and its awareness of the health issue. The su was conducted by the Opinion Research Corporation during ".arch April, hare than 2,000 denogrnphisally selected .'utericans war interviewed. * * Without going into enormous detail, the results show that only per cent of the American public are aware of the health hazar:1: asbestos, and that 80 per cent of those consider it a has ar o to tanse who art occupationally exposed. A nerv three pe r ccr. cf those interviewed stated that they c o n siderod asbestos a he hazard to the general public, and less than one quarter of one cent considered it the most dangerous maturial on the lis^% ^*>WW were given to choose from. Surprisingly, tha college age veut of America arc no mare aware of the hazards of asbost-s t.ban t parents and grandparents. Thuse results should he reassuring to those industry customers fear that the general public will stop buying their products because they contain asbestos. ' Refore going on to describe our activities in the government relations area, I think it might be interestinn at this point take a very brief look at the manner in which Dr. Selikoff and. supporters have used his research results te. dramatito and exaggerate the c"t*innn'Rs pf the asbestos--health problem. I two charts which point thin nit rnt*hr conrlttnivoly. Page 9 - ' Asbestos?, by r:. Evstonic, Presented to the ATI at Ixlir.gtcn, irgrr.:. 4/7/73 The first chart shows the actual results of 7r. Sclikn aortality studies cf asbestos 'former.-:. The numbers in beside the finures fer total nurtbor of workers indicate have so far died tzar-, nil causes. The percur.tenc figu. the total number rf deaths from nonestosis, lur.y car.cc mesothelioma are based on *tha total r.unher of deaths f causes, not on the number of workers in the study. 71* ** ^ The nost important study of the :grrutp is the second frer. fis t showing the deaths frr.r. ashestes-related disease among all mat of the insulation workers union, regardless of length of expos you will note that 34 per cent of those workers ho have died far have died fron one of the throe asbestos-related diseases. These, than, are the facts Dr. Sclikoff unrl:s frer.. This is w lie knows fren his own investigations. if let us take a lcoh what he has (lone with those figure? in order to dramatize the prebler.. Chert number II shows Dr. Celiknffs predictions about ashestr related deaths in the United States. Without going ir.tc dot.-.i Dr. Dclihoff has arrived at his projections by the simple proc of multiplying the percentage cf deaths frer. asbestos-related disease among his insulation t-orkers by the total number cf employees in the entire industry. You will also note that ho has rained his projected death esti tr, enormous heights ever the past year by simply increasing th .Vine figure of orrployeo.s exposed, -- bile still retaining tho percentage multiplier of 24 par cunt being experienced by the insulation wirfccrr.. * I night point nut that this tactic, .however deceptive, has bee; (inerrwus success since each raising of the estimate has earne r, Seiikcff correspondingly greater ccverage l'y the media. *1o fi: onamule exists of the tc-tal gullihi lity of thn prone than the manner in 'ihich it alien ed its prej udicos to bo manipulated ar. played upon in thin situation. * < * Please don't got no wrong. I have- no doubt that the ir.sulntic workers are in fact dying as rapidly ar. Dr. n'lih.off nay;*, they The problem is that he has translated their mortality exparicr to the rent r.f the entire industry, which is errolately crrrnc In the first place, the estimated number of argloyoos in the industry is too high -- five times toe high to V-. precise. Ev; mere important, according to an analysis },* the is sedation rf rare than a. deaun mortality studios, including those of Dr. it;, hoff, our prediction is that approximately 7.3,01? past an:! prr: employees in the asbestos industry have died or "ill eventuelltil of ashastoo-- rr1arrvl disease, `..`his is )*(; r'm n no- tt'irtoi c h a r t tp;j.3SR r DR. I. J. SELTxorr -- RESEARCH DATA ::c. of '-TCRXFP.S d e c c r i f t i o :: OF COHORT t . J fcrt. ; %0* * TOS1S CATCI KErCT MORTALITY STUDY OF TWO LOCALS OF IXDULATION cKKsns iioa 625 (423 J t h o s e xeni 249 A lUMIMUM OF 20 YEARS e :to s u r z MORTALITY STUDY OF AIL :2:3?ERS OF XHSULATIC" tTcRiens u:;i o : 17,000 (1032) ALL Xs'ORKZnS c:; r o l l s 1/1/67 3SB* MORTALITY STUDY OF WORKERS i:: A WORLD XAR II AMCSITE i s u l a - tic: plaxt 923 (404) e x p o s e s o ;:l y 107 TO AHCSITE ARRESTOS MORTALITY STUDY C? 1<CIU:~PS AT JCHITS- :u i :*.t l l u COR?. A * ** h t 'W t 60S (13?) THOSE WITH 66 A MITinJ.H OF 20 YEARS EXPOSURE * 34 o o r t e e s :: d e a t h s w k r t tjiorg n e s ,u p e m p l o y e e s w i t h giitates :k ;:! nn y e a r s e x p o s u r e uurtreiisHED d a t a t a x e d mon a r t i c l e 1:1 CHE HEW YORE POST, MAY IS72 c h a r t n ?ser d r . i. j. s e l i k o f f -- p r e d i c t i o n s IC. OF BOHRERS ARTICLE IH WALL STREET JOURNAL - 6/ 8 /7 2 - "STUDIES ST DR. SELIROFF. . . LEAD HUI TO P R E D IC T .. 2 SO ,n o o ARTICLE IN TEE NEW TOR*; TU*ZS - 6/ 13/72 - (5 DAYS LATEE) " I F OUR EXPER IENCES. . .ARE A GUIDE.. . " 500,000 TESTIMONY AT TOXIC EUDCTAUCES ::e ; s ;i ::g - 2 /2 1/ 7 3 - "CUR STUDIES *> W l V lt.W * i,oco,nco f AP STORY ON TOXIC SUBSTANCES HEARING 1 , 000,000 DESCRIPTION OF COHORT ALL WORKERS CURRE*`TL Y EMPLOYED IN THE ASPEEMOS INDUSTRY W *1Mrf i/. froh Asrcsro: ipo^vr* 85. j*itoM* f MU>>JtMk CURRENTLY PREVIOUSLY ElrLOYED IN THE ASEESEOS INDUSTRY 170, ALL WORKERS UR'T'TTLY, PREVICURLY , WHO WILL RE RKFLCYED IN ASEESEOS INDUSTRY i:: THIS CENTURY (AS AROVE) ::c, 1, 000, (S-U * ACTUAL OUOTED PREDICTION WAS 95,000, HU? THIS INCLUDED DEATHS FRON Gl CAUCE?., w h i c h i h a v e s u r t r a c t e d f r o n cui: t o t a l . Pane 1 0 - H h y A s b e s t o s ? , b y f.wetnnic, Presence''.1. 1t:* the ATI at Arlington, Virginia A / !" 6/7/73 C'f Or. Colikeff a reet recent estimate. In addition, et:r show that 20 ci the 25,onn deaths -- or CO* -- 'rill recur three in the insulation trades. icu: nenn T'hile these estimates should he ref.ssurinc to those in the itini and nanufaeturinn areas ef the industry, re should not forgot t 5,000 of our vorhrtsn arc still going tr die of asbestos-related disease and that, all things consider'*., there is .tbs'-lutely nothing that wo can dv to prevent it. The cnly thing *e can do to clear, up rur plants to assure that those entering the induct: in the future will not have the sane experience. Hithir. the past year and a half, the nnin thrust ef Association effort has shifted to tha government affairs front. The pranci; agencies in Hashing ton with which we have bean d.c-aline are the Occupational Safety and Health Administration; t.V- Tnvironmontal Protection Agency; the Food and Crug Arlninistration; tha bureau lines; and, to a* lesser degree, the national Institute of Occupational Safety and Health, and the national Institutes of Health, both of which are mainly involv'd in research efforts. In addition, a w weeks ego wa "'re contacat d by the roiloral Tr Comission, which had. received a petition fror. thr Canter for Sctuncc in tha Public -Interest rerucsting en invoctigatinn of consumer uses of asboct'-s for the purpose of determining whether curtain products ought t r . 1 ;; labeled as hnzarclous end whether warnings should he rnguirod. on all advertiser,ants for those pro ducts. On the basis of a preliminary meeting wit;: an ir.vistig.at iron the FTC it would aursear that we have littit tr wnrrv ai..nut particular area. The Occupational 0afcty and Health Ad.niniatratira has 'ear. of ur.omnus concern to the. industry ever the past If months. As nc: of you already hne*, the Association expanded tremendous efforts during the six ner.th p-uriod. landing to the promulgation of last June's OCHA standards on asbestos. I think it is a gauge ef tha effectiveness of tha total industry involvement in this most crucial natter that of lever, nain rennironnnts in the standards the industry position was accepted totally hy OS!*A en nine of th eleven, aiout fifty per cent on a tenth, and. totally rejected on only one. OSUTi is now planning to rndo the standard p.-chaoe am' we .are vnri ing closely with then on this nrejuct. Tho first stop ill ha tt formation of a 15 nan .advisory committee to review t'n: current standards and any additional nodical and twchnic.al d.at.a that has become available in the year since the stnn-*.arrts were nronulgatet iorbing in cooperation with nino other trade .associations. .a hav sclficted four individuals .as industry-- .ide mcommonlatirns to OC: -or the four str-caHad "tsployer" snots on the advisory committee Page 11 - ;" Asbestos?, hy h. '. Swetenic, '-*'/"* Presented to"m e .*.71 et Arlington, Virginia - 6/7/73 In discussing the formation of the advisory ecmittaa ,Tith Je OTeill cf the nniu. Standards Development Section, **c vtre as tc add a couple of names tc the list sc that OCHA would have of a selection to choose from. This we have scrtici to do. The enmittee will be given up to nine months to ceraeletc its deliberations ami prepare fer CSA a revised standard package This will be followed by public hearings, aporcxir.ntaly n yea from now. :?e tic not c:rpact tr see a new standard promulgated before the Fall of IS74. It is of course impossible to determine at this tire whet the standards will look lihe, hwwver, I *culd venture to say that they will certainly net he less strict than the m e s va have teday, although they will probably he less confusing and leavt less m e n for employer interpretation. Something will uncut: tionably be done tr* improve the current difficulties with the coni taxing reguirextents. The main function cf the national Institute for Occupational Z and Health is to conduct research and to prepare 'so*callci. Cri Packages, which ars ossontially recommandations to OSTIA for : lards on various not aria Is, chemicals and Activities. Such a package on asbestos was prepared hy at the tine of the 0 proceedings last year. TIf*F will not be preparing a new or r criteria package for the upcoming review of the asbestos stand I do net believe it would he unfair tc say that '-f all the ago cies in Washington dealing with asbestos, Dr. Pelikoff has had greatest influence on thn young idealistic scientists and deer at IlCSIi. Consequently, industry influence is weakest in this agency, it was ill0511, after all, that care tha original rocer-. dation for a two fiber standard in the United States asbestos industry. next tr O h m , the environmental Protection Agency has the cjrr-a potential cf any federal ngcncy for adversely affecting thr. fu cf the asbestos industry ir. this country, not only is the FP.\ responsible for developing and enforcing air and water pclluti standards, but the Critic Substances Control Act, r.rw pending i Congress, will also become an tPA function after pansage. Fer this reason, I am pleased to ha able tr say that the ashes industry lias on excellent relationship vrith th,.- FTA. Hr finer proof of this exists than the fact that there was not a single major industry recomendatien made to the r.?.\ at the public ho. ings on ^the proposed ns1tartes cnission regulations that was n"' accepted either in totn or in principle in the final standards winch wnrr published in early April of this year. .'e are presently 'working with the CTh rn tha dcvclrprent of wa water effluent standards for ashrstwr. manufacturin';'plants. " Pane 12 - iThv Asbestos?, by tl. M. f t - M A / T A Presented to' the A-1 at Arlington, Virginia - f/7/72 certainly hope that these standards will turn nut to be as ran: able as the air pollution regulations. -he proposed effluent standards are scheduled to be published in the Tsdaral Tlegiste: sometime this Sumer, to be fnlleuad by public hearings, with t final standards being promulgated in the Tall, perhaps as earlj October. !? are also planning, in the near future, to meet in Mashinetcr with representative:: fron the standards development and enforce branches of the LTA to discuss with tlier. questions of interpret and compliance policy with regard to the new air pollution regulations. Pc have already resolved one interpretation question that in of special interest to the asbestos tortile industry* A.porcrime te two weeks ago I was ashed by a member company of'the .Ksscciatic to find out whether the ZPA was planning tr- require the nanufac turers of asbestos safety clothing to register as potential emission sources under the law. In discussing the situation over the phone with ?A. compliance officials, I argued that the pr^xlucers of asbestos safety cloth were not manufacturers as defined in the regulations hut*were i. only fabricators or an asbestos product, and as such, should no have to register as potential emission sources. After cur phone conversation ended, a brief meeting was held nit the n?A compliance people. I was then called bach and informed that thuy agreed with me that the safety clothing producers shot ant be required tr register. * * ' **hile this rather minor problem tool: approximately an Hour .and half and two or three phene calls te resolve, it in indicative { the type rf day-to-day* services that the Association provides C its member companies. hva- the past year the rood .and .'rug fdninis tratirr. has shown a: increased interest in ashes tor. an a posr.iM c bararrlrus cent.a:.ii m various feeds, beverages and drugs. Lata in ir>72 they net w Asbestos task force to review the situation .and. to propose reyu. tions and guidelines where appropriate. "bus far they have concentrated their offertr. in two area: -- on the use of nsburtrs-cc.ntnninatod. talc in foed packaging ni in cosmetics, ant! secondly, on the us of asbestos calulosr fil: pads in tlie beverage and drug industries. In our first mooting with the PDA. task force last *1.'verb or rn tl filter problem, they ctarionstratcd: and. .admittud. to an .appalling ignorance about tha health, hat ares of asbestos. r.ince then, t.V have gotten one heck of a lot smarter, due at least in part tc t troiuondous arvmnt of data and. ir.famatian vhie*' the ,ir ion Page 13 - V!hv Asbestos?, by H. II. Owetonic, AIA/!'A Presented to* tilc ATI at Arlington, Virginia - 6/7/73 has been supplying to then. As a consequence, the F3A is tede less panicky*about ashestea and therefore less likely to prnpc foolish, unsuppcrtable regulations. Spokesmen fren the FCA ha in fact, defended the filter industry against environmentailst attacks in the press and elsewhere in recent months. Than is, quite obviously, a healthy sign. Our activities in the area of Congressional relations have ben quite minimal to date, although wc are preparing for the uperrs struggle in Congress over workmen's compensation reform, at wh. tine asbestos is unquestionably going tc be racked over the co< by Or. Calikoff and by representatives of organised labor. Unfortunately, the Association has neither the nanpotier nor tht time to embark on a full-scale legislative information program. Vie have net on occasion with the legislative and legal assistar to various Senators who have attacked asbestos, however much rac needs to be done in this area and Z an afraid individual member companies are going to have to be the prime ball carriers ar.d r. the Association. For essentially the sane reason, our government activities at t state and local level have declined to essentially rero over th past year and a half. This has not been too serious a deficicn as most of the authority of the cities and states in asbestos c- trol has been usurped by various Federal regulatory agencies, nonetheless, more individual company activity is required at th; levels of government. * In conclusion, I think we, can all be justifiably pleased with wi we have been able to accomplish ir. th:: past few years in reselv; the cornucopia of interrelated problems that constitute the asbestos-health situation. Our plants are cleaner and our wor'utcr. hotter protected. The gc ral public has been shown to be in no danger from asbestos, if : ever was. i'hile we have been regulated extensively, fer the mos part the standards that have been developed bav- r.ct been as bat we feared they might bo, and in some cases they turned out far h tor than we ever dared hope. In additirn, while wc arc still tn cur lumps in the public press, the net effect of all this advert publicity has been shown to be surprisingly small. Ue have sweated a lot ar.d *.m have groaned a let, but wo are stil standing and we are still viable. I sense today v'ithin the indu. try a greater feeling of confidence in the future than at any ti: in the past few years, hut we must not rest contented. tie must remember that hr. Celikoff has to date been far less suc cessful than our industry has in influencing the decisions of th( various governmental regulatory nciwncics. This will make him tr; Pan > "Ci of Crunsnl C^nerul .`-oT-ing - 6/7/73 Trade associa ;ijnr as :*oiI ai other cerneraisi o m u of the- lai* l'.y assuming pow.-*r in their private nctiv; parly belcnn to thn rnvarnr:ent. c ::s irr*it:.`* ; The early price-fining cases roflnct the vit*** that pri\ata part; should net te permitted to rsmtlate sc enoitivc a 'fc.atv.rt; of a> economy as prices. Pimilarly, any ic:int action vhieh cacir.dar. certain ccmpan.icn ire:: important commercial benefits is viewed J the courts s tho imposition of a punishment - which is a povor reserved. te the courts. In rnshion Originator** Guild, Ir.c. v. r*r.sral *">rsde 'Vt.-r.i.tsi'-n., 312 U.C. -S7 11341;, or cua;t7la, a combination or ranusactumr* wemon'* narr.cnts and nanuisecurer* of textiles triad to prevent copying of their fashionable clet.'vas bv sc-callad "style pirates The ftshionahl.: clothes group refused to sell their proc'uctr to manufacturers or retailers of garments **h<- acr.lt with the cor.pet "style pirates". The Cupremc Court rejectee the defense that"so a practice was justified by the necessity of ridding aha burir.or of unscrupulous garment d.isigners. The Court said: ". . . the combination is in reality an extra-ervornre agency, which prescribes rules for the regulation and straint of interstate c o m c r c a , and pro**ir:.s antra- judicial tribunals for determination and punishment of visiations, and thus 1tranches upon the power of th* national legislature and violates the statute' ti.a., Sherman Act]." 312 r.r. at **C2. . ;tal re- |"o lone an privt*: cernantes retain their COTT.noti ti V., ho'*iv-.r, and retract choir joint off'.rr.:; to construe which r-iascr.al'ly servo that individuality thorn is 1 antitrust difficulties. vihunl: vo o V et: tlo dang'': yugene '.off, Attorney c;ivTJ^iT5"h, a -