Document 6gzno5NnRo1yN9kK2Z9m5Ojg

. PRESENTATION BY H. M. JACKSON . ASBESTOS FiBRE DIVISION SALES MEETING BERMUDA - NOVEMBER '4> 1971 . OCCUPATIONAL SAFETY AND HEALTH ACT In our life today, the only constant is change. The rate of change is based not only on scientific discovery or advancing technology; but, very importantly, on legislation. ' . *. . who . . . here or elsewhere ... anticipated the drastic change in the future of asbestos fibre sales that has resulted from legislation in the last three years in local and federal jurisdiction?: V ' The recent Federal Occupational Safety and Health Acv. (the . Wiliiams-Steiger Bill) is having and will have a far- reaching effect on the use of asbestos fibre inthe united States. President Nixon signed this bill into law in December, 1970. In August, 1971, the first set of Safety and Health Standards became effective. :, ', This legislation is without doubt the most comprehensive and stringent of any ^resently/;existing in the world concerning Safety and Health measures. `, . . . '2281 f 00 It includes, threshold limit values for many, yes, hundreds of toxic materials.' Threshold limit values, in accord with this law, mean the maximum allowable limits of exposure to a substance whereby no employee will suffer an' occupational injury, illness, or occupational disease. ......... The threshold limit value set for asbestos (and there is no differentiation between chrysotile, amosite and crocidolite) is 12 fibres per milliliter greater than 5 microns in length, measured by the membrane filter method at 430X phase contrast magnification or 2 mppcf of air as determined by the impingcr method. ' " ' .. mWhile this threshold limit value is now the U. S', federal law, it does not. supersede the state laws Where the -states have a more stringent threshold limit value, such as Massachusetts, at 5 fibres per milliliter. If, however, a state has a less stringent .law, 'as most do, at 5 mppcf instead of the federal 2 mppcf, the federal law supersedes. The threshold limit value for asbestos is a confused mess at the moment, and that is one of your major sales problems. The average small- businessman just-doesn't Jcnow how to comply. I ^L$i,,imm Mim \wt fife v' ^V^vv^v^ . :-'i "v . -` : -' V--.^'-'--V./Is-k^i Several years ago, Drv. -Marcus Key/; than .' director of the former U. S. Public Health Service, appointed a committee of medical and scientific people to study the effect of asbestos and health, and arrive at a threshold limit value. Some of the names of members of this committee that you may recognize are Er. George Wright, Dr. Irving Selikoff, Dr. Paul Gross, and others. Frankly, this committee has wrangled and argued, but achieved very little. About two years ago, the majority had concluded that 5 fibres per milliliter of air, 5 microns in length, determined by the membrane filter method with excursions permitted for 15 minutes each hour up .to 10' fibres for not more than five excursions daily, would be: acceptable. v-/;..-' \\ V . . ' . '' This, incidentally, is the present American conference of Governmental Industrial Hygienists revised threshold limit value. , '; . ' Up to the signing of the dSHA law, the ACGIH has been the authority on threshold limit values. You see, however, that OSHA did not adopt : the ; ACGIH recommended asbestos standard . . . Why? V:' 'i ' ' Voil : fssBBKBSJSPS When the Asbestos Advisory Committee came up with 5 fibres as a standard. Dr. Selikoff rejected it. In fact, I understand he pulled a Russian act and walked out of the meeting. He proposed a 2 or 3 fibre limit for asbestos. He threatened Dr. Marcus Key that he would write a dissenting opinion if the 5 fibre limit were set. He also pointed out the power of "big international labor" that he had backing him up. Imagine, if you can, one dissenter now influencing the results of the findings of a committee of leading scientists! The sad part of the entire story is that no one person on the committee has any scientific or medical basis for reducing the threshold limit value. , In the interim; Marcus Key knew that, in accord with the new Federal Act, the U.S. Public Health;Service would be dissolved and transferred to a new and powerful agency called the National Institute of Occupational Safety and Health, or NIOSH. Marcus wanted the job of director of NIOSH very badly, as did Selikoff. In the interim, Marcus would not rock the AsbestosSelikoff boat. It was a neck-to-neck political battle between Key and Selikoff ;up to the' deadline v Key was supported by the politicians,; and Selikoff by labor. Key was the winner, when in Toronto in May, 1971, Representative.Steiger announced his appointment as director of NIOSH. Selikoff has not taken '' * ` . ' .` this lightly. Key still hasn't rocked the Asbestos boat . . . the OSHA standards made effective in August, 1971, came out as 12 fibres . . . (the former V7alsh-Healey standards). Meanwhile, Selikoff is using every means, including testimony before Congressional committees, before city, state and federal EPA committees, in the IXHRP newsletter, and direct communication with labor. leaders-and Congressional leaders, to reduce the asbestos threshold limit value to 2 or 3 fibres. We don't know how to attain a*2 fibre standard in our plants which have, in our opinion, efficient and effective control. Certainly, therefore, your Customers can't live with it. The ridiculous part is that the only basis and critej/ia Selikoff has is a study of Thermal Insulation Workers that were exposed to silica, welding fume9,. booze, cigarettes, and what not. Yet he is attempting to control all uses of asbestos on this basis, and unless some stronger action is taken than has been demonstrated in the past, he may well do it. ' . ' ' We have been fighting the-battle on the scientific-medical front, while Selikoff arid labor are fighting a tough, hard . war on the political front. / v'-''-';.'-. . .' Suppose we lose .' . let's .look at;the.provisions of the OSHA law with a 2 or 3 asbestos fibre threshold limit value. Let's think of the effect on use of asbestos in our own plants, as well as our U. S. customers. Under the new law, anyone employ ing one or more employees must: .: \ Slide #2 - Duties . Slide #3 - Penalties Slide #4 - ( (Standards . Slide #5 . - ( Slide #6 . - Variances ' Sli^e #7 - (. : . . ;. ' i"; (Inspections and Investigations . Slide #8 ; ' . ' Slide #9 - Citations ; Slide #10 - Hearings and Judicial Reviev; " Slide #11 - ' KIOSH As you can see, the Federal1 Occupational Safety and Health Act is a law with teeth in it. It is not difficult to imagine the hardship and almost impossible task of meeting the provisions of this federal law if the TLV; for asbestos fibre is established at 2 or 3 fibres. ' '. ./.-'vv ' ... ' What else is happening on the asbestos front? The Federal Environmental Protection: Agency is currently considering regulations to control asbestos in the general . , ,' .. atmosphere. Our Asbestos Information Association has been ' . -i ' ' working with the Federal EPA attempting to temper the effect. Many of the regulations deal with the mining and milling of asbestos, while this pertains to the U. S., we are aware that there have been discussions with Canadian governmental officials. Here are some of the regulations that will affect asbestos processing, product use, waste disposal, specific prohibitions and equipment specifications. ' (Pages 6-9 - Federal;EPA Regulations) The Illinois Environmental Protection Agency has prop -sed regulations to control asbestos ;in,insulation, in construction alteration and repair;of structures,.demolition,.the manu facturing of asbestos-containing`products, and use of asbestos in brake lining of vehicles. ; . (Pages 4, 5 & 6 - Illinois Regulation) The cities of Hew York, Philadelphia, Chicago, Los Angeles, and other smaller locations have taken action to ban the use of asbestos in spray:fireproofing; Like the State of Illinois, many of these codes have gone further than just banning sprayed insulation. Some also include demolition and control of thermal insulation. . We have continually defended our position that while control of effluent is appropriate, a total ban of the use of asbestos is unwarranted. The Senate Commerce Committee, under 51478, Hazardous Substance Control Act, is currently considering a ban on the import of blue (crocidolite) asbestos fibre into the United States. It is of interest to note that bri. Chris Wagner, who was among the first medical scientists to attach an association of blue fibre to the development .of:a rare 'cancer)called mesothelioma, is now questioning whether there is> such association. There is no medical or scientific study* past or present, that supports the opinion . . . given great play in the public press and legislative halls . . . that the general public is at risk fromtheminuteamounts'of asbestos in community air. : The National. Institute of Occupational: Safety and Health, the NIOSH organization headed by Dr. Marcus Key, is undertaking a study of ten priority-toxic substances, including asbestos. For the past seven years, the former U. S. Public Health . Service has been doing an asbestos epidemiological study at the industry's request through the Asbestos Textile Institute. We had excellent cooperation with the old U. S. Public Health Service. The new NIOSH does not need cooperation. They can move into any industry to make the studies they deem necessary. They have initiated surveys at the PPG and Uniroyal asbestos operations. Imagine the position of your smaller customer if put into a circumstance such as this.' .. : ' . Present customers are questioning their liability exposures and control problems involved in the use of asbestos. . . General Electric is concerned about asbestos insulating . paper in motors and toaster boards. Ford, General Motors and Chrysler are questioning the use of:asbestos as reinforce ment materials, and in brake: liningsi ;Recently, we` had . meetings with Kodak and proctor &.Gamble regarding thermal insulations containing asbestos.1 Sears, Roebuck has questioned the use of asbestos in products sold by them. Cliff Sheckler has a forthcoming meeting set up with Stone & Webster regarding insulation. I could go on and on. . We answer about twenty-five customer health inquiries a week, many, concerned with the use of asbestos; >'$**'} .P-`? 4 V*'^rv',` V Tv i' `*V > , !l v ,' ',, t -( n''Vdt ' *. v` '-.j--,i .>' >> *' - pr, Seiikoff ia-'busy^'produciiiig^:'anBnunl*lcii;v,adverae.:^to::;the:- use of asbestos. In April of this y6^r, he designed and conducted a special course on Occupational Health Hazards ' for Trade union Representatives. The Unions represented on the Advisory Committee included: . `. (read some from page 4 of program) While this course included ail types of disease, asbestos was the major subject of discussion. Dr. Seiikoff not only influenced many international Union people, but really stirred up a storm with our Manyille, Waukegan and Toronto plant Unions., (Brief description;of Manville, Waukegan and Toronto problems.) . \ Seiikoff also recently testified'before a Congressional Committee regarding; the Hazardous Substance Control Ac?-, and went into considerable detail regardingCthe;hazards oi asbestos in brake lining, anti-freeze, and paving materials. Dr. Seiikoff's associates at Mount'Sinai have been very active on committees studying shipbuilding and shipbreaking. There is presently an.effort being;made.by many shipyards, especially those doing work for the Wavy, to find asbestos . insulation substitutes. . . 1 ,, In November, the Canadian Broadcasting Company tW.ll do a TV show . . . "This Land." It features Dr. Selikoff and Ivan Sabourin. The subject will be "Asbestos." We have been unable to see a preview of the film. The show was initiated by a student team at the University of Edmondton, Alberta. We know it deals in part with the- subject of children using asbestos in the schoolroom for arts and crafts work. Paul Brodeur, author of the 1968 New Yorker article, has another in the October 23rd issue . . . developing vigorously the concept of asbestos hazard to the general public. . Obviously, I have not given you an optimistic picture. I have attempted, however, to present factually the nature of the rapidly changing conditions which will affect the sale and use of asbestos fibre in the United States. . I can assure you that considerable effort . . . by many . . . is being made tomeet-the^'meih'^prbb'iemS'- and to find answers to the numerous unresolved questions. Presentations have been made at 15 legislative hearings (local state and federal) this year;*defending our position. . J-M participation on several Federal Committees has counter acted the voices'urgingjrthe-banning, of ;'asbestoo. ' Direct contact with NIOSH, EPA,"OSHh'ahd other Federal and State administrators has been a tempering influence. The AXA/NA has moved into the task of informing the general public. , . Asbestos-Health research/ worldwide, has been undertaken through the QAMA's institute of Occupational and Environmental Health, industry associations, U. S. Public Health Service, and directly by J-M. Several new projects are currently being developed to find valid answers, to the many open . ' questions. : -V'Y.YY ' All of this is aimed at providing the knowledge and the climate so badly needed to provide a rational basis for the safe use of asbestos. ; . ;