Document DE41mdnrewJY7d3w4ykJgyGO

PLAINTIFF'S EXHIBIT ETHYL CORPORATION INTER-OFFICE To E. J. Panichas Address BRT From D. E. Johnson Subject Interpretation of Asbestos Regulation by OSHA Address Date BRT December 26, 1978 We have come across some information relative to OSHA interpretation of the asbestos-standard. The attached letter refers to a court decision whic,h The Travelers Insurance Company apparently thinks is applicable [GAF Corp. (1977-1978 OSHD. 21,916)', U. S. Court of Appeals]. I would appreciate your assistance in obtaining the decision and interpretation rendered in this case. D. E. Johnson DEJ:bto Attachment cc: P. J. Sanders .--G. L.--Ter Haar -- File: Houston Operations"-'Asbestos E TH 0 00 0H5 THE TRAVELERS MEMORANDUM date February I., .1.978 t0 Engineers-In-Charge Re: OSHA Interpretation of Medical Examination Requirement Rejected Chemical and Environmental Manual: Section 215 The United States Court of Appeals has ruled that medical exams are required at all exposure, levels for asbestos workers. Previously, Morton Corn, the former head of OSHA, had written waiver letters stating that employers would not be cited for failure to provide examinations of workers who were exposed to less than 0.10 fibers, per cubic ccntimete.r. The court rules that these letters written in January of 1977 have no legal effect. ' The case, which was brought about by a citation issued to the GAF Corp., also established that OSHA may not amend a standard without following the rulemaking procedures defined by the Act. These decisions were held in GAF Corp. (1977-1978 OSHD 21y916), U.S. Court of Appeals. Due to the court's ruling, the letter written to The Travelers on March A, .1977 is not valid. The copy of this letter included in Section 215 of your Chemical and Knvivotvnental Manual should be destroyed since it offers the same information ns the January letters written by Morton Corn. Please keep this ruling in mind when you evaluate any asbestos exposure. Roger D. Tankersley Staff Engineer Engineering Division Home Of f Lee (Please inser.t this memo behind Section 215 in your Chemical and Environmental Manual.) u qiip v/ #. rnmilP i*ni \ ETH 000046