Document 716RMo7L8gwaVz3DEaBqKOer8

FILE NAME: Kentile (KEN) DATE: 1972 June 12 DOC#: KEN007 DOCUMENT DESCRIPTION: Memo from AIA RE Meeting About Future Industry Action with Regard to the New OSHA Asbestos Standards Asbestos Information Association/North America 22 East 40th Strset Nw York N. Y. 10016 (212) 661-6206 June 12, 1972 eA 8 Q N<$ UOO TOt AIA/NA MEMBER COMPANIES ' AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE AIA/NA LEGAL COUNSEL James Armstrong , - Bendix Corporation E. C. Bratt - H. K. Porter Company, Inc. 0 <3. Gabrielson, Jr. - Nicolet Industries, Inc. Bernard Gross - American Bilt Rite Rubber Company J. C. Harkins, Jr. - Congoleum Industries Inc. A. R. Hooker - The Flintkote Company C. A. Neumann - Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company j. w. Rawlings ^ - Union Carbide Corporation . - Clifford Seymour ' - The Carborundum Company Philip Weinstein - Evertex Incorporated G. W, Wright, M.D. - St. Luka's Hospital Gentlemen: On June 22, 1972, a special meeting- of the Asbestos Informatio Association/North America will be held in the Biddle Room of the Harvard Club, 27 West 44th Street, New York City. The meeting will begin at 10 A.M. and will continue through lunch* The purpose of the meeting is to discuss future industry action with regard to the new Federal Occupational Safety and Health Administration (OSHA) standards on asbestos. Because of the generally reasonable regulations issued by OSHA and the 1976 effective date of the two fiber standard, the asbestos industry may be lured into a false sense of security and consider the OSHA battle to be over. This would be a most serious error to make. If we are to convince OSHA that the two fiber standard and other unfavorable sections of the regulations must be changed, then we must begin now to develop the medical, technical and economic evidence necessary to prove our point. In the introduction to the regulations on page 11318 of the Federal Register, it statess * Saadntiat mC abyrt-AJtblMu uJ-UWtaoamiiaiMt CCo a. nC.,mmiwh m QtatumPraCoao.c.tittrCaac.aaC.<Cua.n<h- *m* rotwcn Con, f m-.'; Co , *ywa*4M n*m.n. 1 . 1 -2- "In view of the undisputed grave consequences from exposure to asbestos fibers, it is essential that the exposure be regulated now, on the basis of the best evidence availabel now, even though it may not be as good as scientifically desirable. An .asbestos standard can be revaluatad in the light of the results of ongoing studies, and 1 future studies, but cannot wait for them. Lives of employees are at stake." The regulations can be changed, but it is up to the industry to prove to OSHA that changes are necessary and what those changes should be. It is desirable, therefore, for the AIA/NA to monitor ongoing studies and to encourage and support additional studies as are needed to: 1. Determine as precisely as possible over the next four years a safe numerical standard for the various asbestos-related diseases, While much has been accomplished in this area in the past, _ additional studies are needed. 2. Determine whether one or more varieties of asbestos is more or less hazardous than any other variety. 3. Determine through on-the-job evaluation the technological feasibility of achieving both five and two fibers throughout the industry. 4. Determine the actual cost to the industry in both dollars and jobs of achieving two and five fibers. 5. Determine the degree of reliability of the membrane filter method as a policing and moni toring tool in the asbestos industry. A proposal for an AIA/NA sponsored study in this area is presently under consideration. 6. Develop other evidence as required to establish the necessity of additional changes in the regulations as deemed desirable by the industry. In addition to the above, other topics to be covered at the June 22 meeting will include: a. The overall effect on the industry of the new standards. . -Mors- -3- b. Programs of assistance for industry companies /y' V^ and customers to help them comply with the regulations. . c. The establishment of a cooperative working relationship with OSHA with regard to the implementation and interpretation of the standards. d. The advisability of legal action by the AIA/NA against OSHA, especially in light of U) the four ' year effective data of the two fiber standard, , (2) the favprable decisions by OSHA on most other industry recommendations (see attached two page summary of OSHA acceptance of industry vs NIOSH and Advisory Committee recommendations), (3) the high cost ($300-500,000) of such a suit, (4) the slim possibility of success, according to AIA/NA legal counsel, and (5) the adverse effect that such a suit would have on our working relationship with OSHA. _ _ With regard to point c. above, the AIA/NA is presently in the process of arranging a meeting with representatives from the standards development and enforcement sections of OSHA to resolve 3ome questions with regard to the interpretation of certain sections of the regulations. If your company has any questions of this nature, please let me know as soon a3 possible so that they may be included on the agenda for our meeting with OSHA. It is the AIA/NA's intention to establish a continuing program of uniform standards interpretation with OSHA, so that industry questions and problems may be resolved at the highest levels in Washington, rather than through OSHA regional offices, which may differ in their standards interpretation and enforcement practices from one region to another. Because of the relatively short time remaining before the June 22 meeting, we would appreciate hearing from you as soon as possible whether you or a representative will be able to attend this most important AIA/NA planning meeting. Sincerely, M. M. Swetonic Executive Secretary Enclosure I AIA/NA MEMBER COM?ANUS Gaorga Barge H. j, DR., Bw~ Chrininn A. H. r a y / W. E. Gatewood j. H. Marah C. G. Morgan j. L. Rainey Ku F. r t J, S c S howlaornz, Jr. E. W, Swain S. D, Weaver , Paul Wainar AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE E. M. Penner Ike Weaver _ . Frank Zimmerman " * vc: E.J. Killian AIA/NA LEGAL COUNSEL Bradley Walla ' Sub.iect 1. numerical Standard O illi Industry Position Fivo fillers with no p.utoimtic reduction to two fibers. 2. labeling i Ho la b e l on locked--in asbestos containing products. Vho words `cancer*1 o r " danger" should not be used on lahelG . 3 M onitoring Frequency e Ilo n ito rlu g should bo conducted at a frequency jiecosaiu*y to assure ccnplimico w ith the environmental standards. Hanagenciit should decide frequency. U . Protective Clothing I.o protective clothing required below 5-1^ tlmoa Tit. 3. `./rote Diagonal Only that goner-ite dust in c;:ce.i:; oT )i-iits : li . li.- 0. -.Uid,'0.'> IIIQS't/Ai:vi?i.)ry Op-iftittee Recoi tiend; itlon Five fibers with mi automatic reduction to two fibers in two years. Final OSHt St.mJorl Five fibers with an autoreduction to two fibers i four years. All asbestos-containing products should be labeled. Label should carry words "cr-ncer" and "danger." Ho label on locked-in asl> containing products, -lord "cancer" and "danger" ull not be used. l.'lO.jll: Annual Monitoring r.t stations below T'/a. quarterly Monitoring at stationo above TUA. AbVIAO.Vi COUlITT.Xl Twice-- yearly nonitrn'in.; at stations below V is. Loathly monitoring at stations above IT.la. Monitoring every six non I at stations above T.iA. Monitoring at other stoti at a frequency to assure compliance with cavi ron.j standards. ILtnogecient to decide frequency. MI05II: ib'Ctective clothing required in all areas above Unit. auim-;: Mo protective clothing bc.'.oi/ If) tines V-/... I All 1/inte r.aonVi be bag ;ed. Protective clothing requii only where peak exposures above linit ilO fibers) occur. Osily wanton til'd gener*tc dust in e::e, I. of if .iti Subject Inductrv i'<v;ition 0 frequency of Ecdical :iinnu e v m y a/o y.;.\ra for Sxaciinntiona worlcnre with loca than 10 yoora ercpotauvi. limun every year for wori.ora t.ith nore 1 than 10 yearn expocuret or with aywptopia of license* 7 Kedical Surveillance Employer should "prvido or radie available" nodical exmio no required 8 Medical Records Enployer shall maintain records and have access to then as required to comply with roulatione. r 9. Uearing of Reapiratora llo specific recommendations I-tlC., y..av<.o r ? Committee Nfcnmandnticn l'I'Sli; S;.iv.* i.s industry position. Advisory Cot uaittce : Sana os industry punition. S U O-ii- S t Annual exaivi required of nil ei.iployeea exposed to asbestos dust, rognnllcss of length of employment. ItlOSll: Ho specific recommenda tion. Advisory Conwiitteat Sana as industry position. Employee should aolcct physician to perform exfu.u Employer to pay cost of oxnri. HICSH: No specific recanoefilia tion. Advisory Committee: Employer shall not naintain records nor have access to them. Sane na industry position. III05II: No specific roccnnendntion. Advisory Committee: No employee shall be required to wear a respirator if he has an y of a long list of Gyriptoras of disease. Physician selected by employer to conduct medical surveillance program shall decide if enployee can or cannot /ear respirator.