Document 96rpn2B8djNBEng8rGZb7xp6

Hcrveaber 28, 1972 Kr. J. E. Kelly Bendir Corporation 1217 S. Ualnut Street South Bend, Indiana 46621 ' Bear dad.* This concerns our discussion concerning labeling requirements wheree 1 r-a.ee linings are being shipped no cus toaarE. In attempting to determine whet practice one mu3t use, OSHA has stneted that if one is meeting the spirit of its regulations it will cot he cited for violations. As a result of this, it becomes necessary too . interpret some of the OSRA regulations. I am enclosing with this . letter copies of letters written by the Executive Secretary for trie Asbestos Information Association (AlA/liA). Tou will note on theses reports that Mr. Armstrong, from Bendir. corporate headquarters, attended these meetings. There is absolutely no question concerning the requirements for labeling where loose asbestos is being shipped. The big problem develops where members are shipping what the AIA and OSEA refer to as locked in asbestos products - brake linings, brake blocks, clutch facings, fete. When customers of yours drill linings, chamfer linings, cut linings, or grind linings, they may very well raise the asbestos concentrations in. the atmosphere to above the OSEA standard. Some members have indicated that the drilling and grinding operations are problem areas in brake `Hning factories with existing exhaust systems. Therefore, if a customer of yours started drilling or grinding without having proper dust collectors, he would probably be in variation of the OSEA. standard. It therefore becomes your responsibility, es the supplier of the brake lining, to warn the customer of this possibility. The form which the warning takes is still not definite but the best guidance seems to be if you meet the spirit of the regulations you will not be cited for e violation. Therefore, A: you cared fir put in every one of your skids, or cartons, or pallets, a warning notice to the effect: "rower tools without dust collectors should not be used for machining, cutting, or sanding this product." If a notice such es this were enclosed with every carton, or stenciled on the outside of the carton, it is likely that you would be meeting the spirit of the regulations, rf you were to write your customer sad tell him about this with every shipment cade, you would probably be also meeting the spirit of the regulations. If you send a one time letter to your customer saying this, it is hard to say whether you would be meeting the spirit of the regulations. Inn" I ill In I II P-FMSI- 0020 Hr, 2. E. Kelly Bendir. Corporation 2- - Kovcaber 28, 1972 I an enclosing a copy of the warning label suggested in the OSEA regulations where loose asbestos fibers are being shipped, and the "Instruction. Sheet" suggest id where a customer is to do further machining on clutch facings, brake lining, etc. . I hope this is enough information for you. Dave Stone attended otif most recent Asbestos Study Committee Meeting where the subject of labeling was brought up. Tour Mr. Armstrong is aware of some of the controversy concerning labeling. The current survey indicate.s that no members are now labeling shipments. A slight majority of those responding to date indicate that they interpret the CSHA regulations to require some kind of a warning where subsequent work is to be done on brake linings. This is controversial item fer the Institute in that some members feel that one or two companies are trying to railroad them into labeling. Another group of companie.s feel that ve should comply with the spirit of the law now and it is not fair if they do the proper labeling and tbeir competition does not. Sincerely, FP.ICTIOK KATEE.IALS STAKDA5DS LKSTITuXE . ZKD: 11c E*n r _ Z. K. Brisiana ; Executive Director