Document 7O0y3yvd1zMem5qkDVGrOJL68

PLAINTIFF'S EXHIBIT September 9, i991 PROFS Note Page 1 From: H078CFP --VM36 To: WM15PJ01--VM15 i. D. W. HARM Date and time WM15LAS --VM15 09/03/91 15:37:08 L. A. SHOOKMAN From: C.F.Phillips, HS&E/S&IH Subject: MORE THAN YOU WANTED TO KNOW ABOUT ASBESTOS HISTORY Additons to my list of this morning in response to your request, plus since we keep getting questions about the 'old' days I've decided to set ujp a formal chronology for HO and thought my first draft might still be useful for your case. Also someone else (Beverly or Barbara?) forgive me I can't find the note wanted info for the case on when Shell "knew" about the hazards. I've included some notes from prior depostion that may be helpful, .please pass it on if you know who the Wilmington staff person isl If you find info to add to my list for future reference I'd appreciate the input. ASBESTOS - SHELL & REGULATORY HISTORY 1946 1968 1969 1971 1971 1972 1972 1972 1972 1972 ACGIH established MAC'S (Maximum Allowable Concentrations) MAC for asbestos was 5 mppcf. This was a guideline for IH professionals, not a regulation or standard. ACGIH Notice of Intended Change to 12 f/ml >5um length or 2 mppcf (note: mppcf to f/ml conversion uncertain) (5/20) Walsh-Healey Public Contracts Act Established asbestos standard of 12 f/cc, >5 um length (TWA) or 2 mppcf. Walsh-Healey dealt with governmental contract work. Adopted TLV's at the time of Act. (May) ACGIH Notice of Intended Change for TLV to 5 f/cc >5um length Concentrations >5 f/ml but notto exceed 10 f/ml may be permitted for 15 min periods each hour up to five times daily. (12/7) (29 CFR 1910.93a) OSHA Emergency Temporary Standard for Asbestos 5 f/cc, >5 um length, TWA and.10 f/cc ceiling limit NIOSH CRITERIA DOCUMENT OCCUPATIONAL EXPOSURE TO ASBESTOS HSM72 -10267 Recommended 2.0 f/cc (>5 um length) 8hr TWA, no peak concentration greater then 10 f/cc (>5 um length), max time of 15 minutes. (2/11) API letter to OSHA re comments on NPR on asbestos (2/23) OSHA SAMPLING DATA SHEET #6 ASBESTOS DUST, EMERGENCY STANDARD IMPLEMENTATION (6/12) Memo: MGR IH, HO to DISTR.LIST OSHA ASBESTOS STANDARD Effective 7/7/72, 29 CFR 1910.1001 (6/15) Memo: MEDICAL DIRECTOR, Public Affairs PERM. OSHA STDS for ASBESTOS EXPOSURE, MEDICAL REQUIREMENTS ABS-059949 September 9, 1991 PROFS Note Page 2 1972 (6/21) Memo: Mgr - DOSH, HO re: OSHA 1910.93a ASBESTOS STD (first general industry std to be promulgated which did not originate as national consensus std) Memo provided brief list of requirements & Shell responsibility. 1972 " (6/29) Memo: Mgr DOSH, HO to DISTR. ASBESTOS STD (by 12/7/72 every workplace where fibers are released must be monitored. 1972 1972 1972 1972 1972 1972 1973 1973 1974 (7/7) OSHA ASBESTOS STANDARD, EFFECTIVE DATE 29CFR 1910.1001 Exposure limit to 5 f/cc, >5 um length and then reduced to 2 f/cc on 7/1/76, no ceiling limit set (9/1) Memo: Medical Director, PA to DISTR.LIST OSHA ASBESTOS STD. Response to Q's concerning the OSHA std. (9/7) MGR-IH, HO to DISTR.LIST ASBESTOS STD Re: Survey to characterize employee exposures. (10/12) Memo: GM-Manufacturing to Location Managers DOL/OSHA ASBESTOS EXPOSURE STANDARD. (tests req. by 12/7/72, medicals w/ exposed employees, started by 1/31/73). (11/13) Memo: Med. Dir. & MGR IH to DISTR. LIST Definition of ''Exposed" in OSHA STANDARDS. (Discussion of meaning of exposure) (12/1) Memo - MGR-IH, HO to DISTR.LIST ASBESTOS (guidance on sampling -shipping samples) (5/29). API Memo to Comm on Medicine & Env. Health Collaborative study of Microscopic Counting of Asbestos Samples (12/4) Memo, Med. Dir & MGR IH to LIST CALIFORNIA OSH REGS ON ASBESTOS Re: Medical exams, >1 f/cc, >5 cc length (3/5) Memo, GM-Chemical Plants & Refineries to Refinery Managers OSHA ASBESTOS STD AIR MONITORING PROGRAM (median asbestos counts from 1st round generally < below 5 f/cc. Peak counts were well below the 10 f/cc limit) 1975 1976 1976 (1/4) Memo GM Refining-HO to REFINERY MGRS OSHA ASBESTOS STD, Medical Exam (additional guidelines & new exam form) (2/3) Memo DOSH TO list OSHA REV. COMM CASE (GAF & VE C ON ASBESTOS) (12) NI0SH REVISED RECOMMENDED ASBESTOS STANDARD DHEW (NI0SH) PUBL NO 77-169 ABS-059950 September 9, 1991 PROFS Note Page 3 1976 Recommends O.i f/cc 8hr TWA and 0.5 f/cc for peak (7/1) OSHA asbestos standard of 2 f/cc 8hr TWA became effective. Ceiling limit of 10 f/cc >5 urn length, max timeof 15 minutes. 1984 1984 1986 1988 1989+ (4/12) Memo MGR, EC-M&T to DISTR AMENDMENTS TO NEHSAP for ASBESTOS (4/5/84) (9/14) Memo: Mgr H&S, M&T to DISTR.LIST ASBESTOS VS NON-ASBESTOS GASKETS (6/20) OSHA revises the asbestos standard to 0.2 f/cc, but does not issue a short term exposure limit. (9/14) OSHA amends the asbestos standard by adding an excursion limit of 1 f/cc averaged over a sample time of 30 minutes. OSHA announced other proposed changes,made some changes in the standard but did not change the exposure limits. CFP 9/3/91 NOTES: Reference Deposition re WRMC HLKusnetz - a few people with title of IH in Shell prior to KLK - HL KUSNETZ, CIH, joined Shell 8/71 Mgr IH brought in to set up a formal IH program HLK hired/developed other IH's generally aware of potential hazards of asbestos exposures OSHA was taking action on asbestos at time Shell used OSHA standards to determine if exposure acceptable >'71 Refer to ACGIH-TLV's, reference for IH's, used as guidelines Some state standards <1971 ACGIH formed 1938 OSHA Act 12/ OSHA order 6A adopted all consensus standards Asbestos - first health std under 6B by OSHA Walsh- Healey Public Contracts Act, adopted TLV's by reference (dealt with government contract work) no other federal stds < 1971 on asbestos no expectation re Shell to be expert in asbestos, not manufacturer, would look to manufacturers and suppliers for input (ie MSDS, safety and health bulletins, etc) ABS-059951