Document 9JOb8mYXvXyB03jqymezK6ZjV

FILE NAME: Westinghouse (WH) DATE: 1987 DOC#: WH061 DOCUMENT DESCRIPTION: Internal Report - Review and Inventory of the Files Present in the Industrial Hygiene Dept at the Research & Development Center - Recommends a Program for Document Retention & Destruction Due to Possible Litigation ifUBB - 00329 97 introduction We have c o m p l e t e d a review and in ve ntory of the. file.: w h ic h are present in the Industrial Hygiene Department at the R e s e a r c h & D e v e l o p m e n t Center. The d o cu me nt c o l l ec ti on da I-as back to the early 1930s, in that the b e g i n n i n g of the Department. Almost all of the pre- 19 84 docu me nt coll ec ti on is contained on microf ic he cards. The microfiche collection consists of approximately feet of cards, and each card contains anywhere from one to forty documents. In addition to the files maintained on Microfiche, Industrial hygiene also currently m a i n t a i n s a p p r o x i m a t e l y H- fi le ca binets of records in har<.d copy . Microfiche Records The mi crofiche record* are maintained by the Department in ca t e g o r i e s i d e n t i f i e d a* follows: (a) Plant correspondence files dated prior to Ja n u a r y 1. 1978. Th ese files are c a t e g o r i z e d by W e s t i n g h o u s e 4832U/1 .location There are 48$ microfiche cards in t h i s c a t e g o r y or documents A representative sample of the types of documents which are contained m tnese files can be found at Tab 1 . These files contain a wide variety of documents including correspondence to and from Barnes, apeicher and other Industrial Hygiene Department personnel, employe exposure re co rd s (bio-assay, radiation, etc .) , air s a m p l i n g d a t a , industrial hygiene audit and trip reports, hygiene procedure*, material safety data sheets, product and chemical information, lists of chemicals used at various Westinghouse sites, plant clean-up filec, etc. <b) Plant c o r r e s p o n d e n c e flie s d a t e d su bs eq ue nt to J a n u a r y 1, 1978 through 198S. T h e r a are 344. m i c r o f i c h e cards in this category of documents. The types of documents contained in these files are the same as those mentioned in p a r a g r a p h (a) above, w i t h the e x c e p t i o n o f e m p l o y e e - s p e c i f i c exposure test records such as blo-assay and radiation, nir sampling data is contained in these file*. (C) Test records dated prior to January 1, 1978, There are approximately 222 microfiche cards in this category Of documents. These files include air sampling data dating back to the 1930s, employe and site specific radiation exposure records, and employe and site specific bio-assay records, ft 4832U/2 MW8B-O032999 r e p r e s e n t a t i v e sample of the types of d o c u m e n t s w h i c h arc c o n t a i n e d in these files can be found at Tab 2. As stated a b o v e , test records dated prior to 1978 (air sampling, b i o - a s s a y and radiation) are also, c ont ai ne d i n the plant co rr es p o n e n c e files dated prior to January, 1978. (d) Test records date d s u b s eq ue nt to January l, 1978 through 1904 There are 2 1 0 microfiche cards in this c a t e g o r y Of documents. This category includes air sampling data, employe and site specific bio-assay records, and employe and site specific radioactive smear results. A reprcsentatlue sample of the types of documents w h ic h are contained in these files can be found at Tab 3. As stated aboue, air sampling d a ta d a t e d s u b s eq ue nt to Ja nu ar y l, 1978 is a l so c o nt ai ne d in the pl ant correspondence files dated subsequent to 1978. (e) Records Identified as "Historical Files of Industrial Hygiene Department" which date from 1936. There are 112 microfiche cards in this category of documents These files are categorized by chemical substance, and roprssent essentially the Industrial Hygiene Department's investigation into various chemical substances, and contain recommendations in regard to safe use and handling of the various substances. These files also contain, inter alia, information concerning previous Meetinghouse Atomic Energy Commission and state 4.832U/3 I MU6B-0033O0H licenses for radioactive materials, a corporate noise survey conducted in 1974. and some employee and site-specific tost data. A representative sample of the types of documents which are c o n t a i n e d in these files can be found at Tab 4. Cach Of the above document categories, as described above, is m a i n t a i n e d se parately wi th in the card catalog. Records Maintained in Hard copy In a d d i t i o n to the files main ta in ed on microfiche, as VS stated before, Industrial Hygiene also currently maintains ap pr ox i m a t e l y 14 file cabinets of records in hard copy. The hard copy records are maintained or can be broken down into the following categories; (a) Plant corr es po nd en ce files dated subsequent to 1985. These documents total approximately one file drawer, and contain essentially the same types of documents as earlier plant correspondence files. 4832U/4 urn- (D) lest records da te d su bs eq ue nt to 1984 Thee> n do cu me nt s total a p p r o x i m a t e l y tUJO file drawers, and contain e s s e n t i a l l y the same types of do cu me nt s as e arl ie r test record f1 les . (C) M a t e r i a l cards, m a t e r i a l safety data sheets, purchasing department spec cards, safe practice data sh e e t s and safe practice data sheet historical flies. These documents fill approximately five file cabinets, A r e p r e s e n t a t i v e sample of an M-Card, MSQS, PDS card and a SPOS can be found at Tab &. In addition, a representative sample of the types of documents w h i c h are co n t a i n e d in an S P DS h i s t o r i c a l file can be found at Tab 6, Th ese h i s t o r i c a l files contain, at le ast in part, the history of the development of the safe handling, warning and caution paragraphs which appear on M cards, PDS cards and safe practice data sheets. The "history" is primarily in the form of correspondence to and from Industrial Hygiene, information supplied by manufactures, brochures and technical information. The correspondence frequently details the dangers of various chemicals, products and processes. (d) P r o c e d u r e or g u i d e l i n e do cu ments. Examples of procedure or guideline documents which are maintained in Industrial Hygiene files include "dioxln-furan health hazard training," radiation protection programs, radiation guidelines, 412U/S HWBB-0UJ0O? noise reduction procedures, heat control procedures, asbestos remoual, shipment of hazardous waste procedures and v e n t i l a t i on procedures, to name a few. W e s t i n g h o u s e , and Industrial Hy giene in p a r t i c u l a r , played an active role In the deu e 1o pine n t of many of these proced lires a nd guidt'li nes . A n example of a pr oc <?dur~e or guid el in e docume nt can be foun d at Tab 7 . (C) Te chnical literature and reports . Industrial Hygiene's files contain a substantial amount of Westinghouse generated and non--Westinghouse generated (for example, NIOSH) t e c h ni ca l literature. Most of the l i t e r a t u r e Is of recent uintage. (f) Federal, state and local laws and re gulations (OSHA, EPA, N I O S H , etc.) which Impact on industrial hygiene. (g) M i s c e l l a n e o u s . X. Work me n' s c o m p e n s a t i o n file ( X 9 6 i - p r e s e n t ) . which include pleadings, medical records, correspondence, results of product and chemical inuestlgatlons, procedures and technical literature. 2. S e m i n a r and e d u c a t i o n a l ma t e r i a l s 4832U/6 MW00-BB33H03 3. Audit report drafts and work papers. Records M a i n t a i n e d At Th<? Records Retention Center, Boyers, Pennsylvania There are currently no hard copy Industrial Hygiene files at the Document Retention Canter at Boyers, Pennsylvania. However, the " M i n e s " does ma i n t a i n 26 rolls of m i c r o f i l m records for Industrial Hygiene which are copies of the microfiche records maintained at Industrial Hygiene. VS DISCUSSION The majority of the documents in Industrial Hygiene's files are potential "smoking gun" documents. This is so because of the nature, duties, o b l i g a t i o n s and r e s p o n s i b i l l t i s of the Industrial Hygiene Department. The approximately s?~year of Industrial Hygiene files which are in existent today are filled with technical information, procedural information, safe-handling information, hazard information, recommendations and test results. The files are filled with documentation which critiques and criticizes, from an industrial hygiene 4832U/7 perspective, Westinghouse manufacturing and non-manufcturing operations. This documentation often times point. 3 out d e f 1 C i e n d es in W e s t i n g h o u s e op er at io ns and suggests r e c o m m e n d a t i o n s to correct these de ficiencies. in du st ri al H y g i e n e 's files contain information which details the v a n o u ; chemical substances used at Westinghouse sites over the years and o f t e n_times inadequacies in W e s t i n g h o u s e 's use and handling of the substances. The files contain many years of e m p l o y e e test results, some of them unfavorable. Industrial Hygiene, by performing its job, creates, daily, potential smoking gun documents. * Plant Correspondence Files P l e a s e see, f o r example, M l l b u r Sp elcher* e; letter dated N o v e m b e r ?, i960 w h i c h can be Foun d in Tab 1. C o r r e s p o n d e n c e of this type was, and co ntinues to be, f r e q u e n t l y g e n e r a t e d by I n d u s t r i a l Hygiene, Dr. S p e i c h e r 's corres po nd en ce mi ght show early knowledge of the Corporation to certain health hazards associated with epoxy resin dissolving agents, what use did the Corporation make of this knowledge to protect employes and the public? If none or very little, then this document might become a "smoking gun". 4H.12U/8 r h u b u -o u j i b o Industrial Hygiene audit and trip reports certainly qualify as potent ial smoking guns, industrial Hygiene, in each plant audit, critiques and criticizes the facility from an industrial hygiene perspective. Industrial Hygiene also makes recommendations to Improve the hygiene of the plant. The smoking gun possibilities of such do cu mentatio n are readily apparent. The plant co rr esondenee files do, though, indicate that for decades Westinghouse has had a very positive and active industrial hygiene department. But at least For the peiod s u b s e q u e n t to the mid-1970s, it is us ually i m p o s s i b l e to determine what Industrial Hygiene recommendations wore implemented. The follow-up, if any, was just not documented. In addition. Industrial Hygiene's authority regarding Implementation was very limited. as a result, the "smoking gun" p o s s i b i l i t i e s of the older p l a n t c o r r e s p o n d e n c e files arcgreat . Site and Employe Specific Test Records Again, it Is readily a p p a r e n t why soma of this documentation might present p r o b l e m s . If air sampling results. 4832U/9 UU8-flfl330O6 tn o-as sa y test results an d/ or r a d i a t i o n tost results rxceeo a l l o w ab le limits, the po ss ib le c o n se qu en ce s as far as l i t ig at io n is co ncerned are apparent. In addition, the tact that the C o r p o r a t i o n performed, for example, acr sampling for ce rtain su bs ta nc es as early as 194.0 (which it in fact did) mi gh t be used to proue early k n o w l e d g e on the part of the c o r p o r a t i o n of hazards a s s o c i a t e d w i t h such substances Material Cards, Material Safety Data 3heets, Purchssing Department Specification cards, Safe Practice Data Sheets and Hi s t o r i c a l Safe Practice D a ta Sh e e t files_________ ,,______________ Again, the smoking gun possibilities of these documents are clsar. If, for example, the safe p r a c t i c e s d e t a i l e d in safe practice data sheets are not made a part of a site's industrial hygiene program and communicated to employes, the potential future problems are readily apparent. In addition, if the i n f o r m a t i o n is not or was not conveyed to customers, the public, etc., again the potential Future problems are readily apparent. 4832U/10 t 1 ffWff-33U07 Procedure and Guideline Documents The discussion In the preceding paragraph applies witn equal force here. Technic al Literatura As stated before, the am ou nt of t e c h n i c a l li te ra tu re iri the files of Industrial Hygiene is quit e substantial. Again, this d o cu me nt at io n might be used to prove knowledge on the part of the Corporation. RECOMMENDATIONS In order to d e t e r m i n e w h e t h e r or not to d i s c a r d any of the records currently maintained by Industrial Hygiene, the risks of keeping the flies must be balanced against the advantage of maintaining the records. Similarly, the disadvantages of not hauing records needed by the Corporation in litigation must also be balanced against the cost and Inefficiencies associated wi th maintaining valueless r e c o r d s . Some questions related to these determinations Include. 4832U/ 11 MWtffl-93JU8 1. What, art the chances of l iti ga ti on ? Is It po nd in g or imminent? 2 In case of litigation, which party woul d haue the burden of proof? 3 when does the statute of limitations run? . W h a t records are n ece ss ar y For the c o n t i n u e d oprai ion of the Department? 5. W h a t records is the C o r p o r a t i o n r e q u i r e d to m a in ta in p u r s u a n t to law? * . Do the W e s t i n g h o u s e records r e t e n t i o n g u i d e l i n e s cover any or all of the records? Taking into consideration the above questions, and after conducting legal research and a review of the Westinghouse records retention guidelines, we recommend the following action be taken in reference to Industrial Hygiene's flies. 48 3211/ 12 I./ * Plant C o rr esoondence Flies (excluding air sampling data and empl oy e Lest results such as bio-assay, radiation, etc ) T h e s e r ec or ds are not re quired p u rs ua nt to a n y federal, state or local laws and/or regulations, The Westlnghouse domestic, records retention guidelines do not specifically address these reco rd s. We recommend that all such files g e n e r a t e d p r i or to 1974 should be discarded. As stated before, these r ec or ds are f ill ed w i t h d o c u m e n t a t i o n da ti ng back to the 1930s which critiques and criticizes westlnghouse operations, and points out deficiencies in such operations. The files are filled with technical product and chemical information, hazard i n fo rm at io n and sa fe -ha nd lin g inf urination, most of it generated a by the I n d u s t r i a l Hy gi en e D e p a r t m e n t in an " e d i to ri al iz ing " and opinionated m a n n e r . The files are not used in the daily operation of the Department. In our opinion, the risks of keeping these files on the whole substantially exceed the advantages of maintaining the records for the following reasons. 1. The substantial bulk of the correspondence was written by the D e pa rt me nt in an editorializing, opinionated and verbose manner, instead of strictly factual. In addition, the Industrial Hygiene Department, prior to 1974, was involved in testing and evaluating the safety of everything from water coolers to gloves. From a review of the files, it appears that 4832U/13 ri HWB8-003J01Q the Department commented and editorialized on just about everything which might have been found In the workplace This "se l f - a n a l y si s 11 and " e d i t o r i al iz ing " type of i n f o r m a t i o n can be d a n g e r o u s . This is just the type of d o c u m e n t a t i o n w h ic h should be* d i s c a r d e d from the files. C o r r e s p o n d e n c e ge n e r a t e d s u b s e q u e n t to 1974, ge n e r a l l y speaking, does not suffer f r o m these drawbacks. 2. In du st ri al H y gi en e' s kn owledge and kn o w - h o w improved substantially during the early 1970s, Even testing and sampling techniques improved. Consequently, tne conclusions, g u i d e l i n e s and r e c o m m e n d a t i o n s as c o n t ai ne d in the plant correspondence files generated prior to approximately 1974 are not as valid and reliable as those contained in record^ generated subsequent to this time. 3. In du st ri al Hy gi en e f o l l o w u p im p r o v e d du r i n g the 1970s. fl m a j o r p r o b l e m in d e a l i n g w i t h the plant correspondence Files concerns the question of what use did the Corporation make of the Information contained in these files. for example, were Industrial Hygiene's recommendations implemented at the plant level? was the body of Information g e n e r a t e d by the D e p a r t m e n t c o m m u n i c a t e d t*o the c o r p o r a t i o n 's hourly employes? The public? Were Industrial hygiene's re co mm en da ti ons followed up by the Department? There is very 4832U/14 little doc um e nt ar y information In the pre-1970s plant corrispondenti? files w h i ch helps to an sw er these questions, without this information, these files show corporate Knowledoe of hazards but no actual i m p l e m e n t a t i o n ot- c o m e r t-iu<? measures. harmful.. Co ns eq ue nt ly , the d o c u m e n t a t i o n is po te nt ia ll y The plant co rr e s p o n d e n c e files g e ne ra te d subsequent to the mid 1970s contain more i n f o rm at io n concerning follow-up and, c o n s eq ue nt ly , actual i m p l e m e n t a t ion of In d u s t r i a l Hygiene p r o g r a m s . As a result, these files m i gh t be of value to the C o r p o r a t i o n . The recent request for information from the IUE r e g a r d i n g p c b use at Sh a r o n is an ex ample ot ho w these newer plant c o r r e s p o n d e n c e files m i gh t be of value to the ** C o r p o r a t i o n . It m i gh t be po s s i b l e to use these files, as well as test record files, to e s t a b l i s h that In d u s t r i a l hygiene and employe safety were and are promoted by westlnghouse as routine and indispensable requirements of daily operations; to show that health and safety were, and are, an integrated effort that involves management and hourly employes. Of course, d o c u m e n t a r y eu i d e n c e of f o l l o w - u p and i m p l e m e n t a t i o n is at times missing from the post-l970s Industrial Hygiene files. Documentary evidence of implementation, though, might be found In local plant files. 4832U/15 18-003301? Test Records (air sampling data, bio-a9say and radiation exposure records, includng radiation smear results) The Westinghouse Domestic Records Retention Guidelines s p e c i f i c a l l y address those records as follows: 4.0 7 - Industrial Exposure Records - Permanent retention in employe's medical record folio maintained m the Human Resources/Medical Department. 6.05 5.06 - Toxic Substances Adverse Reaction Records permanent retention in the Human Resources/Medical Departments. A Occupational radiation exposure records permanent retention in the Human Resources/Medical Departments. As can be seen from these guidelines, each plant must maintain a copy of each Industrial exposure record p e r m a n en tl y. This is si milar to several OS HA health standards, i.e., lead, arsenic, hearing conservation and benzene, which require personnel exposure record* be maintained for various period*, some in excess of AO years. 4832U/1 13 ffWBfi - The hio-assay and radiation exposure records are employee and site specific. The air sampling data is site specific but data ge n e r a t e d prior to the early 1970s is not em pl oy e specific. Prior to the early 1970s, lo cations w i t h i n plants w e r e tested. we recommend that In du st ri al H y g i e n e continue to maintain this test and exposure information permanently The records retention guidelines assign the responsibility of permanently retaining this information to local human resources/medical departments, But until the early 1970s, Industrial Hygiene was the department responsible for maintaining much of this testing data. In addition, experience has show n that of ten times the i n f o r m a t i o n ca nn ot be located at the plant site human re&ources/medical departments. The c l o s i n g of plants has historically pr esented problems in this regard. Consequently, we recommend that Industrial Hygiene c o n t i n u e to m a i n t a i n the Information. Based on o u r re ui ew of some of this data, it appears that at least a substantial p o r t i o n of it is favorable. This information has in the past been used to respond to Union requests for information (Sharon is an example) and to de fe nd ujorkmen`s c o m p e n s a t i o n c l a i m s . In fact, it may become even more valuable in this regard (i.e., the defense of claims) If the risk notification legislation becomes law. . 4-B32U/ 17 HWBB-0U33H1* " H i s t o r i c a l rile-? of I n d u s t r i a l H y g i e n e D e p a r t m e n t " Th es e re co rd s are not r eq uir ed p ur sua nt to any F e d e r a l , state or local laws and/or regulations. The Westinghouse Domestic Records Retention Guidelines do not specifically a d d r e s s t h e s records. We r e c o m m e n d that, uiith the except io n of the 19 7 4- noise survey and the testing date wh ic n is c o n t a i n e d in th es e files, these files be discarded. Except For th noise survey and testing data, the other information co nt ain ed in these files is either outdated or available from other sources . Material Cards, Material safety Data Sheets, Purchasing Department Specification Cards, Safe Practice Data Sheets and Historical Safe Practice Data Sheet Files We recommend that except for outdated and unused cards and sheets, as w e l l as I n d u s t r i a l H y g i e n e "e di to ri a l i z i n g " w h i c h is contained in the historical SPDS files, that this Information continue to be maintained in Industrial Hygiene. Hard copy cards and sheets, including outdated ones, can be found in multiple copies at probably every Westlnghouse location. Industrial Hygiene historically has written the safe practice data sheets and has had, and continues to have, input in the 481211/18 I HW8B-H03 3015 drafting of the safe handling, warning and caution paragraphs w h ic h have appeared, and c o nt in ue to appear, on the material cards, material safety data sheets and the Purchasing Department's spec cards. The material safety data sheets are distributed to customers pursuant to the OMSh hazard co mm un ic at io n standard and, as such, must be maintained. The historical information, with the exception of " e d i t o r i a l i z i n g - t y p e" documents, an example of which can be found at Ta b 6, co n t a i n e d in the h i s t o r i c a l safe practice data sheet files, provides the basis for input to the Westinghouse materials system concerning caution clauses, SPDS references, W e s t i n g h o u s e label a s s i g n m e n t s and D.O.T. classifications. It is no rmally the only source of d e t a i l e d co mp os it io na l information on a chemical product being used in the Corporation. The data has been used for spill response, toxicity evaluation and in defense of workmen's compensation cases. It should be pointed out that the complete corporate hi story of the d e v e l o p m e n t of the cards and sheets is contained on hundreds of rolls of m i c r o f i l m at Corporate Standards. It should be noted that documents containing Industrial Hygiene "editorializing" might also appear in the files maintained at Corporate Standards. 432U/I9 i MWBB-033016 Procedure and Guideline Documents , Tecnnlcal Literature and Reports, Federal. Stats and Local S t a t u t es. R e g u l a t i o n s Guidelines, Standards P r oc ed ur es and gu id el in es are p r e p a r e d by Industrial H y g i e n e to assist Westinghouse plants develop appropriate occupational health programs to minimize employe exposure and corporate liability. Technical literature and reports are used to support Industrial Hygiene's corporate functions. These records are not required pursuant to any f e d e r a l , state or local laws and/or regulations. The Westinghouse records retention guidelines do not specifically address these records. We recommend that those files which are necessary for the continued operation of the Department be maintained. Those wh ich are no longer used and/or are outdated should be discarded. . Mj&iL&D i n e q ua. 1. Workmen's Compensation Claim F i l e s . Gates, MacDonald & Company has been instructed to send a copy of all claims involving occupational health to Industrial Hygiene for review and defense assistance. As a result, Industrial Hygiene maintains one file cabinet of case-speclflc workmen's 4832U/20 zifl[fla-89!w compensation claim Tiles we recommend that all settled and/or closed files be discarded. Mr. Paul Toothman, Manager, W o r k m e n ' s Co mpensation, will be contacted to id en ti fy the closed and settled files. 2. S e m i na r and E d uc at io n M a t e r i a l s . This information, a l o n g w i t h the r e se ar ch and d e v e l o p m e n t technical library, is used to produce the training workshops and training courses which are presented regularly for the facility industrial hygiene representatives. We recommend that those materials which are necessary for the continued operation of the Department be maintained. Those which are no longer used and/or are outdated should be discarded. * 3. Au dit Report Drafts and Work P a p e r s . These documents are generated a* a result of Industrial Hygiene plant audits. Traditionally, these have been maintained by individuals without any maintenance guidelines. We recommend that each author discard all drafts and work papers used to prepare the a u d i t re po rt s im m e d i a t e l y af t e r an ad e q u a t e audit r e sp on se is received from the Westinghouse plant. 4. M i c r o f i l m Records M a i n t a i n e d at the M i n e s . We r e c o m m e n d that the m i e r p f i l m r e c o r d s m a i n t a i n e d at the Mine s be dest r o y e d . These records are merely duplicates of the records currently maintained at Industrial Hygiene. 4832U/21 t" BB-HH33018 CONCLUSION Toxic tort litigation, including toxic tort-related workmen's compensation litigation, show no signs of a b a t i n g m the near future. In fact, l e g i s l a t i o n such as the risk n o t i f i c a t i o n l e g i s l at io n currently being c o n s id er ed by Congress, will, according to many "experts", result in an increase in such litigation, Consequently, well reasoned and conceived document retention and destruction programs for departments such as Industrial Hygiene, and in fact the entire Corporation, are imperativa. M e are a v a i l a b l e to disc us s these, r e c o m m e n d a t i o n s w i t h you at your convenience. Attorney ttir . Manager Corporate Industrial Hygiene Environmental Affairs 4832U/22