Document 6599Z2mL72x2jB050xpGgEnO4

FILE NAME: Friction Materials Standards Institute (FMS) DATE: 1972 Nov 28 DOC#: FMS024 DOCUMENT DESCRIPTION: Letter to Bendix Corp from FMSI November 28, 1972 Mr. J. H. Kelly Bead lx Corporation 1217 S. Walnut Street South Bend, Indiana 46621 Dear Jack: Thla concerns our discussion concerning labeling requirements where brake linings are being shipped to customers. In attempting to determine vfaat practice one must use, OSZA has stated that if one is meeting the spirit of its regulations it will not be cited or violations. As a result or this, it becomes ueees&ary to interpret some of the OSHA regulations. I aa enclosing with this letter copies of letters written by the Executive Secretary for the Asbestos Information Association (AIA/KA). Tou will note on these reports that Mr. Armstrong, from Bendix corporate headquarters, attended these meetings. There is absolutely no question concerning the requirements for labeling where loose asbestos is being shipped. The big problem develops where members are shipping what the AIA and OSHA refer to as locked in asbestos products - brake linings, brake blocks, clutch facings, etc. When customers of yours drill linings, chamfer linings, cut linings, or grind linings, they may very well raise the asbestos concentrations in the atmosphere to above the OSHA standard. Some members have indicated that the drilling and grinding operations are problem areas la brake lining factories with existing exhaust systems. Therefore, if a customer of yours started drilling or grinding without having proper dust collectors, he would problbly be in violation of the OSHA standard. It therefore becomes your responsibility, as the supplier of the brake lining, to warn the customer of this possibility. The form which the warning takes is still not definite but the best guidance seems to be if you meet the spirit of the regulations you will not be cited for a violation. Therefore, '2 yon oetrid'r put in every one of your skids, or cartons, or pallets, a warning notice to the effect: "Power tools without dust collectors should not be used for machining, cutting, or sanding this product." If a notice such as this were enclosed with every carton, or stenciled on the outside of the carton, it is likely that you would be meeting the spirit of the regulations, it you were to write your customer aad tell him about this with every shipment made, you would probably be also meeting the spirit of the regulations. If you send a one time letter to your customer saying this, it is hard to say whether you would be meeting the spirit ef the regulations. Yx. J. a. w i i j Bendix Corporacioa - 2- Noveaber 23, 1972 1 am enclosing a copy of the varoing label suggested in Che OSEA regulation* vhere loose asbestos fibers are being shipped, and the "Instruction Sheet" suggested vhere a customer is to do further machining on clutch facings, brake lining, etc. I hope this is enough information for you. Dave Stone attended our most recent Asbestos Study Committee Meeting vhere the subject of labeling vas brought up. Your Mr. Armstrong is vare of tome of che controversy concerning labeling. The current survey indicares that no members are nov labeling shipments. A slight majority of those responding to date Indicate that they interpret the OSEA regulations to require some kind of a warning where subsequent work is to be done on brake linings. This is controversial item for the Institute in that some members feel that one or two companies aze trying'to railroad them into labeling. Another group of companies feel that ve should comply with the spirit of the 1air now and It is not fair if they do the proper labeling and their competition does not. Sincerely, FRICTION MATERIALS STANDARDS INSTITUTE EKD:llz E. W. Drislane Executive Director