Document 80Zw17L2RXaoYma7rayxXRRe

wCRTV C* ASBESTOS INFORMATION ASSOCIATION 'fl2 < SU-Bftt.N.W.. WasfunqtGn. O.C. 20006 . (202) 223-4885 3CAHD OF DIRECTORS MEETING June 10, 1375 SZzur'fsz's National Canter Hotel Arlington, Virginia notice, a meeting s: the Beard of Directors was ne 1975, in Stauffer'3 National Center Hotel, Ariing- ___x_v_ ;irecccrs we:= erasar. John Autry (for Dimitry Foutiatine) George Barge Joseph m . ciskowski William Clark. Thomas A, Dougherty Dennis E. Elcred William Fassuliotis A- H. Fay Clarence A Herbst, Sr. Johr. W. Hollingsworth A- R. Hooker C- G. Morgan Robert B. Pilmer J . L. Rainey Kurt Schwart M a m i n J. Sendecki D. Tijumelis (for T. K. Lindquist) C. Fred Workman JohriS-Manvilia Ccru. Atlas Asbestos Company (Montreal) Jim Walter Research Corn. Asten-Hill Ltd. Certain-teed Corporation Vermont Asbestos Group GAF Corporation National Gypsum Co. Resinaid Engineering Carp. Dresser Ind. (Magcobar Div.) The Flintkote Company North American Asbestos Corn. Garlock of Canada, Ltd. Amatex Corp. Supradur Manufacturing Co. Congoleum Industries, Inc. Borg Warner Corp- (Borg & Beck Div.) Nicolet, Inc. Also present: Guy G. Gahrielsor., Jr., Nicolet, Inc., Chairman, Asbestos Regulation Task Force; William B. Hoffman, National Gypsum Company; C. F. Wilson, Esq., Jim Walter Research Corp.; Joseph A. Artabane, E s q . , Cadwalader, Wickersham 6 Taft; R- KMeraness, Executive Director, AIA/NA; and E. J. ?igg. Administrative Assistant, AIA/NA. Page Introduction - The meeting was called, to order at 9:01 A.M. Mr. Dougherty stated that Mr. Noel W. Hendry, Johns-Manvilie C o r p . , had advised his assignment to General Manager, Mining Division, a position that would preclude his further active service on the Board. On motion, Hr. Dimitry Poutiatine was elected to succeed Mr. Hendry as the Johns-Manvills representative. Mr. Dougherty expressed appreciation for the outstanding contribution Mr. Hendry had made to the Association. Minutes Dr. notion, minutes o the oreceeding meeting, March 26, 1976 were accrovec as submitted. Financial Racer Mr. Barge reviewed the financial report (provided in folders) fer five months ending May 31, 1976. He projected income and expenses for remainder of calendar year noting most line items to be within current budget except for printing and OSHA task .force expenditures. He said expected publication inventory sales and budget accrual should result in. an end--year balance fer these items. As of May 31, 1976, the Association had a cash balance cf $27,541 plus accounts receivable, prepaid insurance and expense for a total of $54,850. Total liabilities were $39,450 for a net worth of $15,400. Mr. Barge said he would address certain considerations pertaining to the current budget as a later order of business. Nominating Committee Mr. Dougherty explained the requirement for election of Association officers at the annual meeting in September. The fallowing were appointed to serve on the nominating committee; George Barge (chairman), H. H. Beasley, J. L. Rainey, and Kurt Schwarz. Remarks of the Executive Director The physical layout of the new Association headquarters were described noting that adequate space was now available for meetings of 15-20 people and that there was significant work and storage space for present and anticipated needs. Attention was invited to the Court order in folders dis missing the Association as a defendant in the case of Shoup vs. Johns-Manville Products Corp. et al. Attorney's fee or $ 2 ,510.30 was submitted by the law firm of Kirr, Wattles, and Russell, Detroit, Michigan, and will be billed through AIA/NA's counsel, Cadwalader, Wickersham & Taft. produced JM - 83 Page 3 Rev 7. Weseen, Inc. , firm that prepared the technological feastbriity and economic Impact scudy in support cf the Associ ation's response to CSKA on tne proposed asbestos standard, ' proposed they be retained on a consulting {minimum contract) basis at a cost of S3,000 per annum. The executive Committee at a meeting May 23, 1975 considered and declined this prooosal. Weston has been so advised. The C7NSAD Research C o r n 's Inflationary Inoact Statement (IISi cn tne proposed revision to the asbestos standard has yet ic be submitted in final form to CSHA. Submission is due in 2-3 veexs. "Rest information'* now indicates public hearing on the standard will not be before September- Contract for necessary IIS in fc redeeming proposed asbestos standard for construction industry has not been let by CSKA. CONSAD has submitted a pre liminary work statement. A report was given of an SPA news confarer.ee hale April IC concerning asbestos in drinking water of selected D.S. cities .n study conducted by McCrons Associates. A listing cf all ieceral government contracts for asbestos-health studies is 0 - S.ZT2-- - Among on-gcinc special projects mentioned were: revision of Asbestos and Health" booklet; development of a recommenced work practices booklet on asbestos containing sealants and gaskets; revision of the pamphlet, "Asbestos and Brake Linings"; and publi-raticn of J-M prepared "Racotmended Safety Practices for Handling Asbestos Tiber" and "Asbestos Occupational Health Guide" under AIA/NA signature. Directors were encouraged to make use of the pamphlets and other informational/educational materials available from the Association, including recently prepared excerpts (for warding latter, summary and recommendations, and medical statement) from the Association's response to OSHA on the proposed revision to the asbestos standard. All are available in quantity. Several news clippings were brought to the attention of Directors as examples of continuing adverse reporting on asbestos usage. Mention was made of the recently announced merger pro posal fo the National Association of Manufacturers and (3.S. Chamber of Commerce. AIA/NA enjoys good working relationships with these organizations. Ratification of Actions Mr. Dougherty stated the ballot response of members to the croposed establishment of an AIA/NA sponsored program for legal assistance 'hereinafter known as Legal/Medical Research Program) iu defense of litigation alleging injury because of exposure to asbestos fiber as presented to Directors at meeting March 25 was highly favorable. In addition, he set forth the reasons for increased office space requirements for the Association and that the Executive Director had negotiated a five-year lease P ece A effective as of June i with his approval. He explained the necessity far ratification of these actions and read the following statement: "Resolved that all the actions of the officers, agents and attorneys for the corporation with the date hereof are ratified and confirmed in all res pects regarding the following: the formation of a program to develop a legal and medical bank of information for use of the membership and the authorization of the Executive Committee to form a Legal/Medicai Research Committee to oversee the program and, secondly, to execute the lease far the r.ew office premises,1' Comments and/cr questions were invited. On notion, the above resolution was approved. _. Mr. Dougherty announced that the following had agreed to serve or. the legal/Medicai Research Committee: Guy G. Gabriaiscn, J r . , Micclet, Inc, Chairman Dennis H. Marxuson, Johns-Mar.vilie Core. C- F. Wilson, Jim Waiter Corn. Wolfgang A. Guenther, Raybestos-Manhattan, Inc. John H. Chidester, Brunswick Fabricators, Inc. C. J. Panto, Certain-teed Corp. Legal/Medicai Research Program Mr. Gabrieison noted title "Legal/Medicai Research Program" better defined the work and objectives for this effort than "Legal Assistance Program" as originally identified. He re ferred to the sequence of events leading to formalization of this program with Cadwalader, Wickersham Taft and stated the arrangement could be terminated at any time. He cited p r e liminary work being done by Wendell B. Alcorn, Esq., of { Cadwalader, In .this connection , he emphasized advantages for developing state of medical art defense and referred to efforts expended to obtain professional expertise to prepare a compre hensive paper on chronology of medical knowledge regarding as bestos-related diseases. Mr. Gabrieison slid Philip E. Enterline, Ph.D., Professor of Biostatistics, University of Pittsburgh, had agreed to work on this project. Dr. Enterline has recommended Ian T. T. Higgins, M.D. of the University of Michigan as a parti cipant and stated that a doctoral candidate at the University of Pittsburgh would be available to assist. Mr. Gabrieison said \ Dr. Weill concurred in the Enterline-Higgins team. Dr. Enterline estimated completion of the paper by year end at cost of about $6,000. Estimated cost of the overall program remains at $50,000- A discussion period followed. Mr. Gabrieison said it would facilitate the work of Mr. Alcorn if he could have ready access to information concerning asbestos-related legal cases and D I Page n D.r?ctors were requested to so. m _ a m their representative attorneys ar.c. :rce their cooperation. He also said Mr. A i c o m would r.oc serve as counsel for any AIA/NA member company in order to avoid any conflict of interest. Mr. Artahane said he would provide the executive Director with examples of data available from Mr. llcorn. and estimated costs for use by memcers. Mr. Dougherty exorassed appreciation to Mr. G a b n e i s o n for hss outstanding contribution to the development and establishment of :his icipcruant program of the Association Reter on Meetinc of Asbestos Subcrcrt, OSHA Adviser; Committee or. Constructton Safety anc Health, June 2-3,-376 San Dieco, CA In addition to an Association taam cf Mr. Gabrialscn, ar.i Dr. Rhodes, a tear, from Johns-Mar.ville inolud: r.g Dr. Kctir.. Dr. Chase, Milt Trosper, and Dick Carter attended the mssii-nc snei T7i5.c.s crsssr.tsticr.s- ?.scczrti2.ncr on tris rr.22"inc Mr, Gabnaiscr. said wa can net. afrc ri' tc i-r.ora whan happens in c-ia ccns.rjcticr. industry; there is a need for a u n i f c m asbestos standard for both manufacturing and construction, industries. The need has world-wide implications. He commented on the identity of the subcroup members and OSH.-, representatives. The methodology used by the subgroup was to review the proposed general industry standard item by item and attempt to ascertain applicability to the construction industry in Conjunction with their recommendations as submitted to OSHA of September last. The subgroup reaffirmed their position that a 2-fiber p/cc asbestos standard should be establishes for the construction industry and "tailored" or eliminated sections cf the general standard that were thought unrealistic for the con struction industry. The subgroup will present its recommendations to the full OSHA Advisory Committee on Construction Safety and Health which in turn will formally submit to the Ass't S e c 'v of Labor (OSHA). Meeting of full committee to hear subgroup report was announced in Federal Register of June 11 to be held June 29 3 0 , Washington, D. C. AIA/MA memo dated June 14 refers. Mr. Gabrielson said he considered the greatest opcortunity fer an impact on an asbestos standard for the construction in dustry would not come until a formal proDosal is issued bv OSHA after reviewing the Committee report. He said the Association should start its response planning now. in- this connection, he had recommended and the executive committee approved establish ment of an Ad Hoc Committee far Construction" under co-chairmanshiD of Dr. H. 3. Rhodes. Dr. Rhodes is authorized to seek additional ' committee members, in consultation with the Standards & Technical Committee and other experts in the construction industry, and recom mend full committee membership to the Executive Committee. Mr. Dougherty invited nominations from directors for membership on the AIA/NA Ad Hoc Committee for Construction. PRODDED Pace 5 Revisior. to Asbestos Standard Mr. ;abr:eisQn reviewed development to data and current status c_ OSr,," s proposed revision to the asbestos standard. He pointed out that AIA/NA had recommended deferral of issuance of the general industry standard until promulgation of a regu lation ror the construction standard. OSHA officials have in dicated that tills is net politically faasible. He said the issue or seexirr an injunction against OSHA to force a delav of the general industry standard until a regulation for the construction industry' is promulgated had been raised by Johns-Manviile Coro. The Executive Committee had concluded that AIA/NA would not seek suer, injunction, the consensus being that uncertainties confronting the general industry should be resolved as soon as cossible be cause cf the adverse effect new taking place in customer relations and the length of time which would undoubtedly be required for legar r rcosedtr.es. A legal challenge could be made subsequent to issuance rf the general industry standard. Association decision and reasons therefore will be transmitted to Johns-Mar. villa by Mr. Gabrialscn. Mr. Jabrislson also addressed public hearing technicalities and Association planning. Several persons were mentioned, in addition to Mr. Gabrielscn, as possible participants to include gi-3 . Serin and Weill, C .K. experts, Dr. Gerald R. Chase ar.d Dr. H. B. Rhodes. He will coordinate with Dr. Kotin in the develop ment of a presentation to avoid duplication. Mr. Gahrislson made reference to an important meeting with Mr. H.D.S. Eardie, Chairman., Asbestos Information Committee (U.X.) for June 21 in Washington, D. C. as it pertains to the hearing presentation. . Mr. Dougherty added that the Executive Committee was of the opinion that the industry should strive to present a responsible impression / at the hearing and demonstrate concern for the well-being of both employees and customers. Association Membershio/By-Laws Mr. Dougherty said the Executive Committee had given consideration to possible revision of the Association By-Laws in order that associate and affiliate memberships could be authorized if desired by Directors. As a first step in providing this authorization, a modification to the Certificate of Incorporation of file in the State of Delaware to provide for more than one class of membership is required. In addition, he explained that the statement of purpose in the Certificate of Incorporation is in. need of updating. Mr. Artabane outline details as to required legal procedure. Mr. Dougherty said other changes appear to be desirable in the By Laws. He said Mr. Artabane, in coordination with the Executive Director, would prepare a proposed revision of the By-Laws for consideration or Members. produced j*ilt.8 3 . Page I:. was the consensus fc the group '.".at the addition or classes tv membership would be beneficial to ir.dustrv i.ttarasts and the we 1 belr.c of the Association. .-trmal consideration or pcssicie or.angas to th: ;v-Laws could be made at the meeting of memcers in September. Activity Area Reports Ed utlitration o he new J-M film, "Working with Asbestos" and of other materials available from the Assoc B. Standards a Technical - Hexr meeting of the Standards & Technical loxmittae is June 21-24 in the Association office. C. financial Aifairs - Mr. Barge referred to previous decisions wrioH resu-tac ir. significant changes to the 1975 budget- At tits Association's maetir.c, February 4, 1376, an addition S25,OGO was atcroved for the ccntir.ger.cv funds/sceciai projects line item in suppert cf the AIA/j4A resocr.se to the OS HA proposed revision of the ascestos standard -- bringing the figura to 31C0, C00 vice $75,000. As earlier noted, the estimate of 350,000 to support a legal/ medical research program as initially presented at directors meeting on March 25, 1976 remains reasonable- He proposed that 325,000 be budgeted ir. 1976 and the remaining 325,000 be included in. the 1977 budget. At the Directors meeting on March 25 ,19 76 the 1976 membership dues rata was approved at 2.5 mills resulting in an increase of income from $254,000 to $274,000. In addition, financial constributions through May to the AIA/NA OSHA asbestos standard task force were received in the amount of $24,000. This income is net reflected in the currant budget. These items provide an. increase of reciepts in 1976 from $255,000 to $308,000. The additional receipts result inan ex cess of projected receipts over expenditures of $29,540 as opposed to $1,540 now indicated. In view of above fiscal changes, a revised budget for 1976 to so reflect was proposed and aouroved by motion. (Copy of revised 1976 budget is attached.) D. Membership - Mr. Workman reported the current Association membership is 33. Two companies have resigned within last month; One is due to misunderstanding of dues structure and ls a candidate for associate membership, and the other resigned for oersonal business reasons. The latter was current in dues oavment and has contributed S2,500 toward AIA/MA expenses in resoendinc to the proposed revision to the asbestos standard- JtA - 33 P iae 3 A total of 325,135 had been contributed to this effort to data. He encouraged Directors to assist in recruitment of new members in the Association. E . Medical/Stending Committee, International Asbestos Information Conference - Mr. Marsh was net present due to has attendance as Assocratron representative at a meeting of the Standing Committee, International Asbestos Infortation Conference. The Executive Director read a statement received from Mr. Marsh by telephone on June 3 concerning the current adverse publicity against the industry in the United Kingdom. F - Labor Relations - Mr. Dougherty said he had nothing new to report except to raise the matrar of labor attendance at the up coming annual Industry-Government Conference. -He and the Executive Director will call on Mr. John H. Sheehan, AFL-CIO, and explore, the possibility of his attendance and participation. Mr. Roy J Steinfurth, International Association of Heat & Frost Insulators and Asbestos Workers will also be invited. G- Industry Economics ar.d Technology - Mr. Fay said he has beer, in contact wrtr. Mr. Thurner and suggested inclusion of certain technological items in the agenda for the conference in September. A listing of manufacturers of dust control equipment continues in preparation and will be available for distribution in the near future. Third Annual Industry - Government Conference, Sept. 3-9, 1976 Mr. Dougherty presented a proposed program format which would include: dust control, monitoring, industrial hygiene, European view of the industry, marketing forecast, asbestoshealth update, AIA/NA Legal/Medical Research program. Dr. Corn (OSHA) and Mr. Train (ERA) will be invited as luncheon speakers. Plant Phvsicians Conference Mr. Dougherty said the Association continues to plan for this conference. He explained that work on responding to the proposed revision to the asbestos standard had delayed its scheduling, however, a time and place would be determined following public hearing on the standard. Ad~journme n t There being no further business the meeting was adjourned at 2:10 P.M. Next regular meeting of directors is scheduled for September 8, 1976 to be fallowed by'the' annual meeting and the Third annual Industry-Government Conference at Stouffer1s National Center Hotel, ArliAgton, Virginia V//. R. H- Mereness Executive Director June .15, 1976 produced Sftl - 8 3 ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA . 1976 REVISED BUDGET (3cart of Directors Meetincr -6/10/76) January 1, L976 - December 31, 1976 RECEIPTS Membership Dues Interest Income Publications Income Conference Income Contributions Total Receipts $ 274,000 3,500 -4,500 2,000 ___ 26,000 310,000 Salaries & A c m -:n tstrati ve Extenses Staff Salaries Temporary Help ' ' . Pension Rian. Payroll Taxes . Insurance -- Group ~ " -Total Salaries & Administrative Expenses . / :i i v Rent 1 ~ '' ' 'V, :'y ' '' . ' General Office Expenses ' Postage . .1 _ Telephone & Telegraph. Stationary S Supplies Office Office -- Equipment,Furniture,Moving Office Machine Rentals - Xerox Insurance -- Other ' V~ ' Clipping Service. /'' A/yl'-." Subscriptions Publications - Association Memberships . . Total General. Office Expenses Travel. Meeting Expenses. - > Travel; ; Executive Committeer, Board ... Special Meetings 1 .11; 554,600 1,500 Z, 300 2 ,760 3,475 3.000 4,100 3 ,SOO 700 4.000 .6,000 100 1,500 2,400 6,775 75,135 6,400 32,375 10,500 19,000 600