Document ErLpdypDppgXv3ENd9GV5eyL

/- -as EXECUTIVE COMMITTEE MEETING Thursday, February 10,1977 Washington D. C. The. meeting was called to o; der at 9:00 A.M. in the Association office. Presen: v: Thomas A. Doug.nerty ^uy <7. Oabnelson. Jr. John H. Marsh Dimitry Poutiacine Jac* L. Rainey Kurt Schwarz Certain-teed Cor?., AIA/NA Preside.-.: Nicolet, Inc. .' . Raybestos-Manhattan, Inc. Johns-Manvilla Corporation Anatex Corporation Supradur Manufacturing Cor?. Others: Robert H. Merer.es s B. J. ?igq aia/na Executive Director AIA/NA Administrative Assistant Minutes On motion, minutes of previous aeitino, January 13, 137', were aporoved as submitted. Financial Report In the absence of Mr. Barge, Committee member for financial affairs, Mr. Dougherty requested the Executive Director to retort on finences. A preliminary year end 1976 report and a report for the month endinq January 31, 1977, ware reviewed. The year end statement noted a net worth of 54,340. Billings for the Equitable Environmental Health. Inc- study paid in 1976 ex ceeded expected payments due in the period by 525,004 . Billings, from EEK in 1977 under contract terms should be considerably lets man the $100,000 budgeted bringing the total figure for payments to EEM in line with the contract sum of 5150,000 end thus permittins return of monies to the nearly exhausted reserve. It was noted that expenses that expenses in surport Of the Legal-Medical Research program in 1376 had exceeded the S25.000 budget by 511,788 . The expenditures -ere exolained in "terms of the ex tensive work beinc done in the new program in 1976. A final year end 1976 statement will be presented to the Committee at its next meeting prior to submission to the beard of directors on March 10. Ji Hu Maa 131U Page 2 Expenditures against contingency fund/special projects i.-v 1976 were aiven as follows: Roy r. Weston, Inc. - - S94.4 15.75: Equitable Environmental Health. Inc. -- S91.344.64; miscellaneous expense -- S4.928.40 (industry meeting, reproduction o- ex cerpts from report to OS11A) . Total disbursements -ere S130,5 91.13 Total expenses incurred in 1976 in support of the Legal-Medical Research program come to 539,578.68. Budqeted amounts for these two line items were S100.000 and S2S.000 respectively. It was noted that the 1976 budget was not revised to include an estimated expenditure of $40,000 for Phase I of the EEH study. A special assessment was approved and realized to defray the cost of the estimated Phase I expense. Mr. Douaherty said that best estimates of costs for rc.-pletion of the EEH study and the ongoing \Legal-Medical Research erreram should be available for directors at the March 10 meeting. When originally proposed to the directors, the estimated costs of these two programs were S150.000 and S50.000, respectively. The financial report for the month ending January 31, 19", w*s in keeping with budget and accepted as presented. Remarks of the Executive Director In accordance with approved plans to increase support of the Association's work and in keeping with changes to the Bylaws to permit associate memberships 143 letters were mailed to pros pective firms during the period Jan 1 -- Feb. 4. Letters -ere sent to those non-members who had endorsed and/or contributed to the Association's response to OSHA on the proposed revision to the manufacturing standard or otherwise communicated -ith AIA/S'A. It was reported two latter response had been received -- one company requesting associate membership: one company ad vising that it had committed its management to 'finding a way to get along without asbestos fiber." A third company telephoned to advise of interest in membership but, being a small user of asbestos fiber, the minimum dues of S2.000 were prohibitive. Pursuant to decision reached at January 13 Executive Committee meeting, it was stated that Nippon Asbestos , Ltd. has been advised that its orosoective membership in the Associate would be under regular classification as the firm uses raw fiber in its manufacturing, thouqh marketing only asDestcs- . containing products in North America. It was stated that the former membershio chairman, Mr. Workman, had provided an extensive list of prosoectiv* member companies of -nich the AIA/NA office had oniv minimal information. Mr. Poutiatme said he would be oleasad to assist in screening the list. It was advised that certification of Inflationary Impact Statement preoared by COIISAO Research Corporation on prooosed revision to asbestos manufacturing standard has been further delayed. A 60-day extension, from Feb. 1, to included analysis of the feasibility of recent NIOSH recomnendation of 0.1 f/ -- ?a qe 3 was awarded to CONSAD by OSHA. Clayton Environmental CansuXtants , Southfield, MI, is subcontractor Jar tecnr.icai analvin and measurement studies. Significant ranifications of OSKA's recently announced draft proposal concerning identification, classification and regulation of toxic materials posing a potential occuoational cancer risk to workers outlined at Jan.27 meeting of standards subgroup. National Advisory Coesuittee on Occupational Safety and Health (NACOSH) were noted. It waa reported that the sub group will consider the draft proposal in public meeting on Feb. 17 at the Dept, of Labor buildinq in Washington. The proposed policy,designed to speed up OSRA's rulemaking on carcinogens, would eliminate repetitive debate on certain basic issues and establish three categories for classifying substances as carcLnoaens, i.e, confirmed, suspected, and a third grouping for which more scientific data are needed. Mr. Marsh invited attention to a portion of the proposal concerning exposure limits which could have malor impact on the asbestos industry. Specifically, it is stated that category I toxic materials be reduced to the lowest level feasible, and where 'suitable substitutes are found to exist which are less hazardous to workers,the Secretary (of Labor) shall prohibit occuoational exoosure for such specific applications." A discussion followed. Through "News t Notes" Association members were advised of the Feb. 17 neetinq. Association staff will be at th<r sieetmq. It was stated that Dr. Kotin of J-M was on the program to express his views. Reference was made to CSKA's advance notice of prooosed rulemaking on hazardous materials labeling published m the Federal Register, Jan. 29 recuestmq comments by March 29. At tr.is juncture, impact on the industry appears negligible mince labelling requirements in the asbestos standard ar.d those thus far proposed by OSKA's advisory committee on hazardous materials labelling are similar. The Association's Standards t Technical Ccmitcee will consider this matter at its meeting, .March 7. Anticipated amendments to EPA's national emission standard in reqard to spraying of asbestos as reported at Executive Committee meeting January 13 have been delayed due to some expansion of definitions in the standard and additional guidance for demolition work, e.g., decorative material which contains asbestos. Amendments are expected to be oublishert in the Federal Register within 30 davs. Special Counsel has been requested to obtain mformatici. frt.pertinent government aqencies on studies end grants regarding asbestos, making reference to the Freedon of Information Act. J H M i31u Page 4 Mr. Ooughertv raised the point as to the advisabilitv of making an office call on Dr. Bingham in the near future, assuming she is named as Assistant Secretary cf laser (CSKA.' . Mr. Casnelson expressed his opinion that a call should be made following a reasonable settling in period after the new assistant secretary takes office. A review of recent bills introduced in state legislatures affecting asbestos was given with special emphasis on New Jersey A public hearing on a Cancer Control Act which would ban asbestos alonq with 15 other substances will be held February 18 in Trenton, N. J. Messrs. Gabrielson and Marsh indicated they would be present at the meeting. Mr. Dougherty requested the Executive Director to attend . Hr. Ed Fenner of J-M and AIA/NA's Standards and Technical Committee was cited for his interviews with news media representatives on tne reported "peril to students" from aebeetos flakinq from ceilings in New Jersey. Guidance and suggestions were requested of the Committee for appropriate activities for the Association's incustrv and public information and education program. Retort of the Chairman, Asbestos Bcculaticr. Task Force Mr. Gabrielscn said he had nothing to add to the renarks of the Executive Director on OSHA's activities on the proposed revision to the manufacturing standard. As to the construction industry study being conducted by Equitable Environmental Health. Inc. (EEH). Mr. Gabrielson said work was proceeding in an aggressive manner- Efforts are now under-way to draft a recommended standard for the construction industry. This is a difficult task, especially in the absence of a governmental proposal,Mr. Gabrielson stated. He said EEH is using the October 9, 1975 orcposed revision to the manufacturing standard as a basis fcr costing out a construction standard and has requested guidance or. an alternate aoprcach. Such an alternative has beer, developed, with exception of a medical surveillance program. Mr. Gabriel described the views of EEH physicians (Drs. Cooper and Utijian) on the latter and said he has engaged in detailed discussions on this subject. He spoke to the advantage cf endorsement of an Association position on medical surveillance by EEH's medical representatives. Mr. Gabriel ion said ha had incorporated a recommended schedule for medical examinations in the draft proposal which he was hooeful would be accecta ' He referred to estimated expenditures for such a procram an said, if tne Association's proposals were to be adopted, the costs would be substantially lower than those required co defrav what has been prooosed by OSHA in tne manufacturm3 standard. The Association proposal would apply cn.iy to workers 13115 HM Uo Page 5 excosed to over a 2f/cc. wit.". peak or ceiling limit cf 10 I/cc. In this ccr.r.e::;on. he laid, EEH duet count data obtained to date indicate that most exposures are quite low. A worksheet depict me the Association's proposed standard for the construction industry was distributed. Mr. Gabrielson said he proposed a review of the proposal by the Ad Hoc Committee for Construction at a meetinq in the near future. He said that, wnile he had mixed feelmqs about contribution construction association representatives might make, it would be worthvniie to obtain endorsement of AXA/NA's position by this group. A discussion followed concerning responsibility for payment of costs of a medical surveillance program under provisions of a construction industry standard. The involvement of and likelihood of cost payments by the federal qovernmer.t, employers and manufacturers of asbestescontaining construction materials were presented. It was felt that the federal government would not assume cost responsibility. It was acreed that in the draft proposal to be reviewed by the Ad hoc Committee on Construction responsibility for medical surveillance costs would be assigned to employers. Mr- Gabrielson said EEH had completed their field sampling program and are in reasonably qccd shape on calculation of numbers of people exposed, hours per day, etc. Data has been obtained on the principal applications of asbestos-containing materials in construction. Rough draft of the economic phase of the study is being written. The next meeting with EEH is scheduled for Februarv 15 in New York City. Mr. Gabrielson commenced on the regulatory problems confronting the industry m general and in particular the draft proposal by CSHA. on caccinocens previously mentioned. A discussion followed. It was agreed that.the Association should maintain its course, complete the studies now in procress, and seek the attainment of reasonable and practicaole standards. Meeting with Orcanlzcd labor Mr. Dougherty recalled that he had mentioned at the Committee's January 13 meeting a meeting with reoresentateves of the United C;aent, Lime 4 Gypsum Workers on January 24 in Washir.oton, D. C. Ha said this meeting had been rescheduled for March 8 in Chicago. Purpose of meeting was described as an effort toward enhancement of labor and industry appreciation of mutual problems and concerns in the federal regulatory area. Mr. Dougherty said he would attend the meetinq and extended an invitation to committee members to accompany him. ; 1- i JHM 13116 Page 5 Legal-Medico 1 Research Prooram Mr. Gabrielson said Wendell Alcorn, Special Counsel to me Association, had recently met in Philadelphia w;;,*. an attorney i~r plaintiffs in a number of asbestos cases. Alcorn said the attorney maintained a comprehensive, indexed file of asbestos- related litigation cases. Mr. Gabrielson said it was a principal objective of our assignment to Special Counsal to compile and analyze asbestos related litiaation cases so that any defense counsel would be appropriately prepared. Speaking to the medical research project he said he did not foresee any pleasant surprises being found as a result of the literature review. He noted increased reference to asbestos and cancer after 1964. Nonetheless, Mr. Gabrielson stated he felt the /_ medical research project would be an extremely valuable \ reference tool for defense counsel and would add credibility to industry's concerns regarding asbeJtos-health issues. Special Counsel expects to. complete interviewing of physicians who may be candidates as expert witnesses in third party litigation bv the end of February. The next meeting of the Legal-Medical Research Committee was announced for Monday, Feb. 23 at the Union League Club, New York City, commencing at neon. As to status of work, Mr. Gabrielson said he considered the medical phase to be on schedule but the legal phase to be behind. The February 28 meeting will provide opportunity to obtain updated .'status for presentation to directors at meeting. Association Captive Insurance Company Mr. Gabrielson reported that Mr. Walter Curt.-.er, manager of'insurance, J-M Cor?-, had written to define the scope of a captive insurance company feasibility study. Letters from Mr. Gabrielson have been sent to three prospective firms to submit proposals. Mr. Gabrielson said that time would prooably not permit response for a full report to directors on March 13 as was hoped. Report on International Asbestos Information Conference Mr. Marsh distributed a written report of the .Executive Cornmittee meeting of the IAIC, held in London on Feo. i. The report included a review of current developments affecting the industry outside the U.S.A. Mr. Schwarz commented on pro hibitive regulations in Sweden as they relate to manufacturing of products as opposed to their use. Mr. Marsh also distributed copies of a communication from Or. McCuilagh, Asbestos Association of Australia, to Mr. Cross, Director General, IAIC, proposing an international workshop on fiber counting techniques. Tnu Executive Director was requested to forward copies to members of the AIA/NA Standards and Technical Committee. ?v i J H M 13117 Page ' Mr. Marsh mentioned a press release by the International Agency for Research on Cancer on 'Asbestos and Cancer -- a New Evaluation," and a nar.d-out membership listing of the U.K. Govcrn.-nenc Enquiry Comnittee inco Asbestos. Mr. Poutiatine referred to a meecinq of major ' asbestos-cement manufacturers in London on January II sponsored by Eterr.it at which asbestos exposure standards and asbestos usage problems of nations throughout the world were discussed. He stated only 15 nations have asbestos exposure standards. He said the industrial group was unanimous in its support of the LAIC that they had agreed to see* a 2 fiber /cc standard for all types of asoestos:and to communicate with governments and labor unions in the interests of the industry. Mr. Poutiatine said the meeting served to promote a free exchange of information and appreciation of problems confronting the industry. Legislative Alternate tb Third Par"/ Litigation Me Mr. Dougherty reviewed the J-M sponsored meeting of asbestos industry representatives in Denver on Jan 27 at which a legislative alternative to third party litigation in asbestos disease cases was proposad. About 25 companies represented. In addition to hircsalf,Messrs. Gaorieison and Marsh of the Association attended the meeting. Objectives of the proposed legislation would include: were (1) prohibit third party litigation; (2) cover all asbestos disease which is occupationally related, including family members of workers; and (3) establish a funding system for support of the legislation. It was proposed that the first three years funding would be provided by the federal govern ment and afterward by the asbestos industry and the tobacco industry. After fully outlining the proposal, Mr. Dougherty said he felt thsre was considerable concern as to success in invol ving the tobacco industry. He said there were many questions as to what would consist as medical evidence for claimants. He said attendees at the meeting were invited to consider the proposal as presented and submit suggestions and indication of support to J-M. Mr. Dougherty said he viewed this suoiect. ' at this point, at a matter for Individual companies to consider rather than the Association as a reoresantative body. Advenes Notice for Proposed Federal Rulemaking The Executive Director reviewed the Dept, of Transportations :adyance notice of proposed rulemaking oublisned in the redera 1 . Deo-*ter, Dec. 9. 1977, which reguested comments on the possible l neea For developing ar.d issuing packaging standards for certain JHM 131 IS Page 9 materials, including asbestos. Following discussion, it was agreed that no action would oe taken at this time by the Association. Agenda for Directors Meeting, March 10 > ii Mr- Dougherty said it would be beneficial for the aqenda for board meetings to be provided directors in advance. For the March 10 meeting it was agreed that the agenda would, as a minimum, include the following items: report on CSHA standards and AIA/NA work in response thereto; Legai-Medi ' Research Program rAsscciatiorr. Captive Insurance Company; I Financial Report: Remarks of Executive Director; Canadian Situation; and OSHA's draft proposal for a carcinogenic sub stances policy. It was also agreed that Dr. Kotin, Senior Vice President for Health, Safety and Environment, J-m Corp., should be invited to attend the March 10 meeting and be the Luncheon speaker. Dr. Kotin would be requested to speak to the OSHA proposed policy on carcinogens and sue.-, other matters of concern to directors as ha chose. The Executive'Director was requested to draft an appropriate letter for signature of Mr. Dougherty (Nota: letter was mailed February 10). Other Business The next regular meeting of the Executive Committee will be held at Seoulf;r1s National Center Hotel, Arlington, VA, commencing at 2:00 Wednesday, March 9, 13'?. Adi comment There being no further busineis, the meeting was adjourned at 2:50 ?.M. RHrtrV 15 Februarv 197? JH M 13 1 ] f]