Document 5Lywk9Orm5ap8a0QyxvvMGvE0

I# * sj v Reed Smith Shaw & McClay Uniow Trust Building . Pittsburgh,Pa. 15230 CASlC ADDRESS MCCO^MITM PQH WHITER* DIRECT DIAL NUM9CH (412) 288-3131 288-3352 August 4, 1971 MAIU NO ADDRESS R. O. SDK COOS SlTTSSWROM. RA.tSCSO WASMINOTON OPTICS *UITt404 MADISON SUILOINO WASMINOTON. O. C. SOOOS (COCi sss-soso HAAR1SBUAO OPPICC 04 STATE STREET SUU.OINO HARRISSURO.RA.I7IOI 1717! COA'SSSS Dr. Lee Grant One Gateway Center 14th Floor, North Wing Pittsburgh, Pennsylvania 15222 Dear Dr. Grant: Please find for your information a copy of the Application A for Variance filed with the Department of Labor on behalf of Pittsburgh Corning Corporation on August 3, 1971. * matter. Thank you for your comments and cooperation in this Yours truly. PM: oms Enclosure 'ayi.I/^A Paul Marth Received PLAINTIFF'S EXHIBIT VjyJ ~ & o Ttoft-a AUG ii 1371 MEDiCAL director PLAINTIFFS EXHIBIT * 9 WiCo. r ***<*+*.*: #U I nd*- Assistant Secretery For Occupational S&i'ezy and Health, U. S. Department or Labor Washington, D. C. 20210 Re: Application of Pittsburgh Corning Corporation For a Variance From Occupational Safety and Health Standards Gentlemen: Pittsburgh Corning Corporation (the "Applicant") hereby makes application for a variance from the provisions of the Williams-Stieger Occupational Safety and Health Act of 1970 pursuant to the rules of practice of Subpart B 1905.10 under Section 6(b)(6)(a) of such Act. * The Applicant's principal office is located at One Gateway Center Pittsburgh, Pennsylvania 15222 and hereby applies for a variance from Part 50-204 of the Safety end Health Standards for Federal Supply Contracts, Subpart D Section 50-204.50 as it applies to the Applicant's facilities at the following locations; Port Allegany Works Main Street P. 0. Box 37 Port Allegany, Pennsylvania 16743 Tyler Works Owentown Industrial District P..O. Box 3057 Tyler, Texas 75705 The Applicant, at Port Allegany, Pennsylvania and Tyler, Texas, manufactures an insulation material Known commercially as UNIBESTOS which is composed primarily of asbestos. In some areas of Applicant's Port Allegany Works and Tyler Works, during the production process, the Threshold Limit Value for asbestos required by Section 50-205**50 is exceeded. To protect its employees at the aforementioned locations, the Applicant has; (1) Supplied, and will continue to supply, respirators approved by the Bureau of Mines and require the use of said respirators; (2) Provided and will continue to provide dust collection and ventilation apparatus; (3) Provided and will continue to provide health education programs that fully explain to its employees the health hazards associated with asbestos exposure and how they can protect themselves; (4) Expanded the periodic medical examination program- for employees to include not only X-rays but also, " . *:%> on all employees with more than fivfe years exposure, an extensive medical history and physical examination and pulmonary function tests performed biennially; V (5) Purchased and is experimenting with the use of new and approved respirators with ultra filtersj and (6) Improved housekeep*ing procedures by the more frequent use of industrial vaccuum cleaners. The Applicant has been unable to attain the Threshold Limit Value required for asbestos at its Port Allegany and Tyler Works because of the unavailability of effective ventilation equipment. The ineffectiveness of such equipment has become particularly significant since the reduction of the TLV for asbestos from twelve to five fibers per milliliter greater than five microns in length. This drastic reduction has rendered previously^used equipment inadequate and_any_replacemqpt equipment only experimental. ***** .-* * The Applicant, as of June, 1971, has spent nearly $200,000 in the research and development of a mineral wool substahcV't'o ....... ....................................... - -......... .......... . r_.___*;__ 7 replace asbestos. Presently, the applicant is examining the production feasibility of the new product according tor the following schedule: -Mineral wool to be utilized in production, in place of asbestos, by one shift per day during the first two weeks of August, 1971. -Mineral wool to be utilized, in place of asbestos, by three shifts per day during the last two weeks . of August, 1971. -3- / Therefore, the applicant requests that it be granted a variance from Section 50-20U.50 of the Safety and Health Standards for Federal Supply Contracts for a period'of one year. ** * Respectfully submitted, PITTSBURGH CORNING CORPORATION Paul Martha Reed Sr.ith Shavi & McClay Attorneys For Applicant Jiolman President \ Technology and Manufacturing Assistant Secretary For Occupations! f-rfovy and Health, U. S*. Department of Labor . Washington, D. C. Re: Application of Pittsburgh Corning Corporation For An Xnterun Order Pending Final Disposition Of Its Application For Variance.__________ . Gentlemen: Pittsburgh Corning Corporation hereby makes application for an Interim Order pursuant to Section 6(b)(6)(a) of the Occupational Safety and Health Act of 1970 requesting relief from the enforcement of the Safety and Health Standards for Federal Supply Contracts, Subpart D, Section 50 pending the final disposition of its Application for a variance from said standard. Pittsburgh Corning is unable to reach immediate compliance v.'ith the aforementioned standard for the reasons stated in the Application for Variance attached hereto. Therefore, Pittsburgh -Corning is applying for the appropriate interlocutory relief . . so as to avoid the imposition of unwarranted, civil and/or criminal liability. * Respectfully submitted, PITTSBURGH CORDING CORPORATION Paul Martha Heed Smith Shaw Sc McClay Attorneys For Applicant By TcchnbTbgy and Manufacturing COMMONWEALTH OP PENNSYLVANIA COUNTY OP ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared E. W. Holman, who, being duly sworn according to lav;, deposes and says.that he is Vice President, Technology and Manufacturing for Pittsburgh Corning Corporation; that he has knowledge of the matters set forth in the foregoing application for an interim order and application for variance; that the same are true to the best of his knowledge information and belief; and that he is authorized as Vice President, Technology and Manufacturing, of applicant to make, sign, verify and file said applications. Sworn to and subscrib /*. 1971 V My commission expires Oc.14,1974 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHEIiY \ ; SS: ! Before me, the undersigned authority, a Notary Public in and for s* aid Commonwealth and County, personally appeared Morton Corn, PH.D., who, being duly sworn according to low, deposes and says that he is Engineering Consultant to Pittsburgh Corning Corporation; that he has knowledge of the matters set forth in the foregoing application for variance, so far as said application pertains to the inability of the applicant to presently attain the revised Threshold Limit Value for asbestos of five fiber per milliliter greater than five microns in length with existing dust collection systems in some areas of its Port Allegany Works and Tyler V/orks; that the same are true to the best of his knowledge, information.and belief; and that he is authorized as Engineering Consultant to applicant to make, sign, verify and file said representation. Sworn to and subscribed before me this , ' <s( day of 1971 My Commission Expires Notary Public ~71 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Lee B. Grant, M.D., who, being duly sworn according to law, deposes and says that he is Medical Director, for PPG Industries and Consultant to Pittsburgh Corning Corporation; that he has knowledge of the matters set forth in the foregoing application for variance, so far as said application states that, the applicant has provided for its employees health education programs that explain to said employees the health hazards associated with asbestos exposure and how they can protect themselves; that the same are true to the best of his knowledge, in^ormation/and belief; and that he is authorized as Medical Consultant to applicant to make, sign, verify and file said represeptaticn. Sworn to and subscribed before me this /. 1971. My Commission Expires -- day of V