Document 65RJVL99ZRJgJ9jX8BbyoZzgd

FILE NAME: Allis Chalmers (ALL) DATE: 1935 Jan 22 DOC#: ALL009 DOCUMENT DESCRIPTION: Memo - Symposium on Dust Problems with Cover Letter Johns-Marwille 1^ " Tw e n t y -Two Ea s t Fo r t i e t h S t r e e t January 22, 1935 Ur. M. F. Judd, Secretary, Raybestos-Manhattan, Inc., Bridgeport, Conn. Re: Mellon Institute of Industrial Research ______ Symposium on Dust Problems___________ Dear Mr. Judd: As I indicated to you over the telephone this afternoon, I am enclosing a copy of a memorandum I prepared for Mr. Lewis H. Brown regarding my trip to Pittsburgh last Tuesday, January 15th, to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research. Very truly yours, '^cuuLcfuW z, Vandiver Brown Attorney V B :T Enclosure JAN 3 o 935 R H N^A' I/' D<1-17 ILEJQIiAKDffi RLs - MELLOII INSTITUTE O? Ia3U3TRIAL RESEARCH SYMPOSIUM ON DUST PP.03LSJS - PITTSBURGH- JAN.15. 1 / m On or about December 12, 1934 the Hello Institute of Industrial Research addressed letters to sone 85 Industries having industrial disease problems inviting them to attend a aeeting to be held under the auspice3 of the Institute on the 15th day of January. One of those invitations was received by the Asbestos Institute and, although the Asbestos Institute did not accept and was not officially represented, Johns-hunvillo Corporation requested and obtained permission to send a repre sentative. The invitations expressly stated that ''attendance -at this meeting need entail no obligation0. Jolms-V'anville was represented at the meeting by the writer of this memorandum. Approximately 250 people were present ropcsontlng over 50 industries which had accepted the invitation of the Mellon Institute. The Mellon Institute was greatly surprised at the remarkable response and it is ay opinion that one cannot find a better indication of the serious nature of the problems it was the purpose of the meeting to discuss. I t?ns able to ascertain that the Mellon Institute had been prompted to call the meeting by representatives of the sand and glass and the refractories industries. Represen tatives of these industries conferred with Hr. E. R. VJotdlein, Director of the Institute, and after advising him of the nature of their problem, of its wide-spread character and numerous menacing aspects, suggested the need of some form of concerted action on the part of those industries presently or potentially involved. I understand that Hr. F. \7. Sherwood, Vice-President of Owens-Illinois Glass Company and hr. Roger Hltchlns, Presi dent of the American Refractories Institute, were the persons who presented the situation to the Mellon Institute. Ur. Ueidlein, on behalf of the Instituto, agreed to cooperate to the extent of calling the meeting and having the representatives spend a day in Pittsburgh as the guests of the Institute. There ras sons preliminary discussion as to the possibility of using the Mellon Instituto as a clearing house for information end research upon aspects of the problem common to all industries but dofinito commitments vero postponed until after the holding of the meoting. An impressive lint of experts specialising upon various aspects of the dust problem attended the meeting and -- 2- deliverad addresses. Anon? those were Hr. A. C. Birth, a lawyer associated with Williams, liversman and Morgan, Toledo, Ohio, attorneys for Oimns-Illlnols Giggs Company; Dr Eugene P, Pend erg fh3S~dirTho X-ray Laboratory, University Hospital, Phila delphia; Dr.__A. J. Lanza. Assistant Medical Director of the Metropolitan Xlfe Insurance Company; Dr. R, R. Sayers, iiedical Officer in Charge of U. S, Public Health Service; Professor Philip A. Drinker of the School of Public Health, Harvard UniversityplirT-F . Robertson Jone3, General Manager, Association of Casualty and Surety Executives; and Mr, Donald E. Cummings, Assistant Director, Saranac Laboratory for Study of Tuberculosis. The addresses delivered by these specialists, together with the open discussion that followed then, revealed, among other things, the very menacing character of the problem, its complex nature, the uncertainties attending most of its aspects and the necessity of some form of united action by the afflicted industries. It was recognized that some aspects of the problem were peculiar to special industries but it was equally evident that other aspects were common to all. For example, only two forms of dust, namely, free silica and asbestos, are definitely known to produco disabling fibrosis of the lung* Even in the ca3e of theso dusts the problem resulting therefrom are quite different since the fibrosis resultin'! from silica is of a much more 3erioU9 character than that resulting from asbestos in that the former predisposes to tuberculosis and is much more likely to have a fatal termination. On the other hand (and this illustrates one of the most 3eriou3 aspects of the problem that is common to all dust producing industries) the fact that no other dust is known to produce disability has not prevented entirely groundless claims aggregating millions and even hundreds of millions of dollars being brought against industries which have no silica or asbestos dU3t hazard. For example. Dr. Lanza pointed out that no one had ever maintained that gypsum dust was harmful and yet, nevertheless, the gypsum industry had auits pending against it covering claims in excess of four million dollars. It appeared that among the problems common to all industries were the following: (l) The menace of ambulance chasing lawyers in combination with unscrupulous doctors. The uncertainties surrounding diagnosis of any of the various forms of pneumonoconio3i3 are so many that a question of fact is presented in every case. Expert testimony can be pro duced by both plaintiff and defendant and it is for the Jury to decide whoso exports are 3 - correct in their interpretations. In asking this decision, the Jury is not likely to favor the opinion of the experts produced by the employer. (2) The desirability of asking various dust diseases eoaponsable under properly drawn workmen's compensation laws. One of the speakers stated that nthe strongest bulwark against future disaster for industry is the enactment of properly drawn occupational disease legislation". Ouch legislation would (a) eliminate the jury and empower a Medical Board to pass upon the existence of the disease and the extent of the disability; (b) eliminate the shyster lawyer and the quack doctor since foes would be strictly limited by the law; and (c) permit the correct ing of Initial mistakes in the making of awards by providing for hearings to reduce or eliminate awards if proof could be adduced that the claimant was not disabled or that the extent of his disability had been over estimated* (3) Problems of ventilation, dust collecting and elimination, and respiratory devices. (4) The establishing of standards (a) for dust counting and particle sice determination, (b) for the taking of X-rays for diagnostic use, and (c) for the interpretation of the markings on the films so produced. At the close of the dlscusaion a Mr. Kurts, VicePresident of American Hefractorlos Corporation, made a motion that Mr. William P. Yant, Chairman of the meeting appoint a nominating committee vrfao would nominate a group of individuals to serve a3 a committee for the formulation of ways and means to bring about effective cooperation of some character between the various industries for meeting and combating those phases of the dust problem common to all. This motion was carried and a nominating Committee appointed which retired and upon returning presented to the meeting the names of seven individuals to act as such Committee. Ho other names having been placed in nomination, the following were elected to act an the Committee and report back to the various Industries and groups represented at the nesting or to whom the invitation had been originally extended: - 4- Vandivcr Brown representing Asbestos, Cork and Non-Uetnllic N---------- .------ --" Dr* 5* B. Saklatualla representing Chemical, Abrasives, Alloys and Hon-iarrous metals E. 0* Jones representing Foundries A* Y?. Sherwood representing Glass Sand, Ground Sand and Glass Uanufacture A. J* Gentholt3 representing Iron, Steel and Ores A. J. R. Curtis representing Line, Limestone, Cement and -Gypsum Roger A. Hitchlns representing Refractories,Ceramics and Clsja I explained to the other members of the Committee that I lied been sent to the meeting solely as an observer and had no authority from Johns-vanvill Corporation to accept membership on the Committee and certainly none from the Asbestos Industry as a whole. I was urged, however, to meet with the Committee and agreed to do so on the condition that I might withdraw if approval of ny serving In that capacity should not bo forthcoming. I pointed out that members of the Asbestos Industry did not care to be associated in the minds of the public or of employees with those industries whose problem was silicosis and that for this reason I felt there night be some opposition to having a representative of the Asbestos Industry working with then. I did. indicate, however, that I realized numerous aspects of our problem were the 3aiae and that if cooperation could be worked out without on undue amount of publicity, Johns-Manrille Corporation and perhaps the Asbestos Industry ha a whole, would in oil likelihood be trilling to cooperate. It was the opinion of the Committee that this condition would not present any insuperable difficulty* Ur. Roger Hitchins, President of American Refractor ies Institute, was made Chairman of the Committee which held a meeting Tuesday evening after the close of the Symposium. Lir. IIitchln3 was designated to meet with Ur. Yfeidlein of the Mellon Institute and ask him to make a proposal in definite and concrete fora as to the manner in which tho Mellon Institute might bo able to assist tho various industries for a fee of 25,000. When this proposal has been received and approved by the members of the Committee, it will be submitted to the various industries with tho recommendation that it be accepted end that the v rious industries or Individual corporations agree to stand good fur a proportionate amount of the fee not in excess of a definite specified sun. -5 I gathered that the proposal which would bo node by the Licllon Institute would include, among others., the follow ing: (a) The compiling of a comprehensive bibliography of all book3, treatises nnd publications deal ing with any aspect of the dust problem; and the evaluation thereof. (b) The compiling, digesting and correlating of data snd information from various subscribing industries relative to their particular experi ences. (c) The drafting of approved workmen's compensation legislation covering pneumonoconiosis. (d) The digesting of the laws of the various states which .might affect the operations of industries presenting a dust hazard. (e) The outlining of problems requiring research or the establishment of fixed standards and the prevention of duplication of effort and expense along these linos. .The interest with which the discussions were followed and the enthusiasm which greeted the proposal for unified effort lead me to believe that the necessary support will be found for some sort of program along the above lines. VANJDaInVEuRarByP.IOSWH, 1935