Document G690xLoQ8VrVRkZd0koMKEOnq

INTRODUCTION We have completed a review and inventory of the files which are present in the Industrial Hygiene Department at the Research &* Development Center. The document collection dat-es back to the early 1930s, in that the beginning of the Department. Almost all of the pre-1984 document collection is contained on microfiche cards, The microficho collection consists of Lr--a approximately 4 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 maintains approximately 14 file cabinets of records in har*d copy. Microficho Records The microfiche record* are maintained by the Department in categories identified at follow: (a) Plant corretpondonce file* dated prior to January 1, 1978, Thata files are categorized by Westinghouse 4832U/1 905470 BB 0000001 location There are A#S microfiche cards in this category o'" documents A representative sampla of the types of documents which are contained in tnese files can be found at Tab 1 , These files contain a wide variety of documents including correspondence to and from Barnes. Speichet and other Industrial Hygiene Department personnel, employe exposure records (bio-assay, radiation, etc.'), air sampling data, industrial hygiene audit and trip reports, hygiene procedures, material safety data sheets, product and chemical information, lists of chemicals used at various Westinghouse sites, plant clean-up files, etc. (b) Plant correspondence files dated subsequent to January 1, 1978 through 1985. There are 3AA microfiche cards in this category of documents. The types of documents contained in these files art the same as these mentioned In paragraph (a) above, with the exception of employee-specific exposure test records such as bio-assay and radiation, sampling data is contained in these f i l e s . nir (c) Teat records dated prior to January 1, 1978. `w , There are approximately 222 mi crofiche 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, a A832/2 905471 BB 0000002 @'\V}n)j Vito* 'si'O vT~J "1 repre*antatiu<? sample of the types of documents which are contained In these files can- be found at Tab 2. As stated above, test records dated prior to i$7& (air sampling, bio-assay and radiation) are also, contained an the plant corre*sponence files dated prior to January, 1978. (d) Test records dated subsequent to January l, 1978 through 1904 Of documents. There are 210 microfiche cards in this category This category includes air sampling data, employe and site specific bio-assay records, and employe and site specific radioactive smear results. A representative sample of the types of documents which are contained in these files can be found at Tab 3. As stated above, air sampling data dated subsequent to January l, 1978 is also contained in the plant correspondence files dated subsequent to 1978, (e) Records Identified as "Historical Files of Industrial Hygiene Department" which date from 1930. There are 112 microfiche cards In this category of documents. These files are categorized by chemical substance, and ropresent essentially the Industrial Hygiene Department's investigation into various chemical substances, and contain recommendations In regard to safe use and handling of the uarious substances. These files also contain. Inter alia, information concerning previous Meetinghouse Atomic Energy Commission and state 4832U/3 905472 BB 0000003 licenses for radioactive materials, a corporate noise suruoy conducted in 1974, and some employee and site-tpacific tost data. A representative sample of the types of documents which are contained in these files can be found at Tab 4. Cach Of the above document categories, as described above, v=3 is maintained separately within the card catalog. & Records Maintained in hard Copy In addition to the files maintained on microfiche, as stated before. Industrial Hygiene also currently maintains approximately 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 correspondence files dated subsequent to 198S. These documents total approximately one file drawer, and contain essentially the same types of documents as earlier plant corraspondance files. 4832U/4 905473 BB 0000004 rcT$l (D) lest record! dated subsequent to 1984 The documents total approxima tely two file drawers ( and contain essentially the same types of documents as earlier test rcccra f i1?s (c) Material cards, material safety data sheets, purchasing department spec cards, safe practice data sheets and safe practice data sheet historical flies These documents fill approximately flue file cabinets. A representative s,-uncle? of an M~Card, MSDS, PDS card and a SPDS can be found at Tab 5. In addition, a representative sample of the types of documents which are contained in an SPDS historical file can be found at Tab 6, These historical files contain, at least in part, the 3 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 m a n u f a ct ur es, brochures and technical information. The correspondence frequently details the dangers of various chemicals, products and processes. (d) Procedure or guideline documents. Examples of procedure or guideline documents which are maintained In Industrial Hygiene Files Include "dloxln-furan health hazard training," radiation protection programs, radiation guidelines, 4.832U/S 905474 BB 0000005 {^ y o \ <7=3 & w-- KD >0 ) ir-- J ^j 951 ?.2 > noise reduction procedures; heat control procedures, asoestos removal; shipment of hazardous w a s t e .p r o c e d u r e s and u<sn ti lat *>on procedure Hygiene i c f many o procedure (e) Hygiene *s Technical literature and re po rt s. Industria] generated technical vintage. (f) Federal; state ana local laws and regulations (OSHA, ERA, NI03H, etc.) which Impact on industrial hygiene (9 ) Miscellaneous. 1. workmen's compensation files (1901-present), Which include pleadings, medical records, correspondence, results of product and chemical investigations, procedures and technical literature. * 2. Seminar and educational materials. 4832U/6 905475 BB 0000006 3 . Audit report drafts and work papers . s=3 fei g ir-vJ > 2.2 Retards Maintained At The Records Retention Center, Bovers. Pennsylvania There are currently no hard copy Industrial Hygiene files at the Document Retention Center at Boyers, Pennsylvania h o w e v e r , the "Mines" does maintain 26 rolls of microfilm records for Industrial Hygiene which are copies of the microfiche records maintained at Industrial Hygiene. *s DISCUSSION The majority of tha documents in Industrial Hygiene's files are potential "smoking gun" documents. This is so because of the nature, duties, obligations and responsibiliti s of the Industrial Hygiene Department. The approximately 57-years of Industrial Hygiene files which are in existence today are filled with technical information, procedural information, safe-handling Information, hazard Information, recommandations and test results. The files are filled with documentation which critiques and criticizes, from an Industrial hygiene 4B32U/7 905476 BB 0000007 perspective, Westinghouse manufacturing and non-manufacturing o p e r at io ns . This documentation often times points out de fi d e n d e s in Westinghouse operations and suggests recommendations to correct these deficiencies, industrial 'w-O H y g i e n e 's files contain information which details the various chemical substances used at Westinghouse sites over the years. and_ often times the inadequacies _ln Wes tlnghouse 's use and handling o f the substances. The files contain many years o f employee tost results, some of them unfavorable, Industrial Hygiene, by performing its job, creates, daily, potential smoking gun documents. * Plant Correspondent Files Pleas see, for example. IfllbttrSpVlcttjvr'^ latter dated No vember 7, i960 which can be Found in Tab i. Correspondence of this type was, and continues to be, frequently generated by Industrial Hygiene. Dr. S p e i c h e r 's correspondence might show early knowledge of the Corporation to certain health hazards associated with epoxy resin dissolving agents. Mhat use did the Corporation make of this knowledge to protect employee and the public? If none or very little, then this document might become a "smoking gun". 4RS2U/8 905477 BB 0000008 fe &a Industrial Hygiene audit and trip reports certainly qualify as potential smoking guns. industrial Hygiene, m each plant audit, critiques and criticizes the facility from an industria: hygiene perspective. Industrial Hygiene also makes recommendations to improve the hygiene of the plant. The* smoking gun possibilities of such documentation are readily apparent. The plant corresondence files do, though, indicate that f o r decades Westinghouse has had a very positive and active industrial hygiene department. But at least for the peiod subsequent to the mid-1970s, it is usually impossible 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" possibilities of the older plant correspondence files arc great. Site and Employe p a c i f i c Test Records Again, It Is readily apparent why some of this documentation might present problems, if air sampling results. 4832U/9 905478 l BB 0000009 tuo-as$ay test results and/or radiation l e u results exceed allowable limits, the possible consequences as far as litigation is concerned are apparent In addition, the fact that the Corporation performed, for example, air sampling for certain substances as early as 19 40 (uihi c,n it m fact did) might be used to proue early knowledge on the part of the F-- '! Corporation of hazards associated with such substances Material Cards, Material Safety Data 3heets, Purchising Department Specification Cards, Safe Practice Data Sheets and * Historical Safe Practice Data Sheet f i l e s ___ Again, the smoking gun possibilities of these documents are clear. If, for^ example, the safe practices detailed 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 information is not or uias not conveyed to customers, the public, etc,, again the potential future problems are readily apparent, 4832U/10 905479 BB 0000010 v=3 e-iJ <ol r If] *P. Procedure and Guideline Documents Th* discussion in the preceding paragraph applies uiltn equal force here T ech nica 1 Literature As stated b e f o r e , the amount of technical literature in the files of Industrial Hygiene is quite substantial. Again, this documentation might be used to proue knowledge on the part of the Corporation. RECOMMENTIONS In order to determine whether or not to discard any of the records currently maintained by Industrial Hygiene, the risks of keeping the flies must be balanced against the advantages of maintaining the records. Similarly, the disadvantages of not having records needed by the Corporation in litigation must also be balanced against the cost and Inefficiencies associated with maintaining valueless r e c o r d s . Some questions related to these determinations Include: 4832U/11 905480 i BB 0000011 1 What are the chances of litigation? Is it ponding or Imminent? 2 In case of litigation, which party w o u l d 'have the burden of proof? 3 when does the statute of limitations run? . What records are necessary For t h e c o n t i n u e d o p r a i i o n of the Department? 5. What records is the Corporation required to maintain pursuant to law? . Do the Westinghouse records retention guidelines coyer 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 files. 4832U/12 905481 BB 000001 rU=!\fe) (o! fn nL- H! Plant Corrssoondencg Files (excluding air sampling data and employe test results such as bio-assay, radiation', ate ) T h e s e r e c o r d s a r e riot r e q u i r e d p u r s u a n t t o a n y f e d e r a l , state or local laws and/or regulations. The Westlnghouse domestic records retention guidelines do not specifically address these r e c o rd s. We recommend that a l l such f i l e s generated prior to 1974 should be discarded. As stated before, these records are filled with d o c u m e n t a t i o n d a t i n g 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 information and safe-handling infur nation. most of It generated a by the Industrial Hygiene Department in an "edltorlalizing" and o pinionated 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 l. The substantial bulk of tha correspondence was written by the Department 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 4332U/13 905482 f BB 0000013 the Department commented and edltorlalized on just about everything which might have been found In the workplace. This "s elf-analysis" and "editorializing" type of information can be dangerous. This is just the type of documentation uinich should be discarded from the files. Correspondence generated subsequent to 1974, generally speaking, does not suffer from these drawback * 2. Industrial Hygiene's knowledge and know-how improuea substantlally during the early 1970s, Even testing and sampling techniques im proved. consequently, tne conclusions, guidelines and recommendations as contained 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. Industrial Hygiene followup Improved during the ( M 1970s. A major problem in dealing with the plant correspondence files concerns the question of what use did the Corporation make of the Information contained m these files. ror example, were Industrial Hygiene's recommendations implemented at the plant level? was the body of Information generated by the Department communicated t*o the C o r p o r a t i o n 1s hourly employ*? The public? Were Industrial Hygiene's recommendations followed up by the Department? There Is very r.5 4832U/14 905483 t BB 0000014 little documentary information in the pre-19?Os plant cor re $pondenc <? files- which helps to answer these questions ) without this information, tnese flies snow corporate knowledge of hazards but no actual v.nplementa tion of' corn?: fig<? measures. Consequently, the documentation is potentially harmful. The plant correspondence files generated subsequent to the mid 1970s contain more information concerning follow-up and, consequently, actual implementation of Industrial Hygiene programs. As a result, these files might be of ualue to the Corporation. The recent request for information from the lut regarding p c b use at Sharon Is an example of how these newer plant correspondence files might be of ualue to the * Corporation. It might be possible to use these files, as well as test record files, to establish that Industrial hygiene and employe safety were and are promoted by Westinghouse as routine and indispensable requirements of daily operations; to show that health and safety were, and are, an integrated effort that lnuolues management and hourly employes. Of course, documentary euidence of follow-up and implementation is at times missing from the post-l970s industrial Hygiene files. Documentary euidence of Implementation, though, might be found in local plant files. 4832U/15 905484 BB 0000015 Tost Records (air sampling data, bio-assay and radiation exposure records, includng radiation smear results) The wostinghouse Domestic Records Retention Guidelines specifically address these records as follows: 4.07 - Industrial Exposure Records - Permanent retention in employe's medical record folio maintained in the Human Resources/Medical Department. 5.05 .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/Medlcal Departments. As can be seen from these guidelines, each plant must maintain a copy of each industrial exposure record permanently. This is similar to several OSHA health standards, i.e., lead, arsenic, hearing conservation and benzene, which require personnel exposure records be main*tained for various periods, some in excess of 40 years. 483211/14 905485 .3 \J-U & 0N 1 If The hio-as say and radiation exposure records are employee and site specific. The air sampling data is site specific but data generated prior to the early 1970s is not employe specific. Prior to the early 1970s, locations w i t h m plants were tested. we recommend that industrial Hygiene 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. 8ut until the early 1970s, Industrial Hygiene was the department responsible tor maintaining much of this testing data. In addition, experience has shown that often times the information cannot be located at the plant site human resources/medlcal departments. The closing of plants has historically presented problems in this regard. Consequently, we recommend that Industrial Hygiene continue to maintain the information. 8a$ed on our review of some of this data, it appears that at least a substantial portion 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 defend w o r k m e n s compensation c l a i m s . In fact, it may become even more valuable in this regard (l.e., the defense of claims) if the risk notification legislation becomes law. 4832U/17 905486 BB 0000017 d" "'0 r1 * "H i s to r ic a l Files of I nd m l r i f l l H y giene D e p a r t m e n t 1* These records are not required pursuant to any federal, state or local law and/or regulations. The Westinghouse Domestic Records Retention Guidelines do not specifically address these records. We recommend that, with the exception o f the 1974- noise survey and the testing date which is contained in these files, these files be discarded. Except for th noise survey and testing data, the other information contained in these files is either outdated or available froin 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 well as Industrial Hygiene "editorializing" which 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 4.aa2u/i8 905487 t r BB 0000018 drafting of the safe handling, warning and caution paragraphs w h i c h have appeared, and continue to appear, on tha material 4 cards, material safety data sheets and the Purchasing Department's spec cards. The material safety data sheets are distributed to customers pursuant to the OHSA hasard &=3 c o m m u n i c a t i o n standard and, as such, must be maintained. The historical information, with the exception of "editorializing-type" documents, an example of which can be found at Tab 6, contained in the historical safe practice data sheet files, provides the basis for input to the Westinghouse matsrlals system concerning caution clauses, SPOS references, Westinghouse label assignments and D.O.T. classifications. It Is normally the only source of detailed compositional Information on a chemical product being used In the * Corporation. The data has been used for spill response, toxicity evaluation and in defensa of workmen's compensation c a se s. It should be pointed out that the complete corporate history of the development of the cards and sheets Is contained on hundreds of rolls of mi cr of il m at Corporate Standards. It should be noted that documents containing Industrial Hygiene "editorializing" might also appaar in the filet maintained at Corporate Standards. 4832U/19 905488 ii BB 0000019 Procedure and Guideline Documents, Technical Literatur and Reports, Federal, State and_Local Statutes. Regulations, guidelines, Standards i/r ^ \ Procedures and guidelines are prepared by Industrial Hygiene to assist Westinghoulse plants develop appropriate =3 occupational health programs to minimize employe exposure and corporate liability. Technical literature and reports are used to support Industrial Hygiene's corporate functions. These w*--Oi records are not required pursuant to any federal, 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 which are no longer used and/or are outdated should be discarded. Miscellaneous 1. W o r k m a n ' Co mpensation 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 4.032U/2O 905489 I BB 0000020 J v=tf =a \j-- j M \J 1^} sv2 > compensation claim files we recommend that all settled and/or closed files be discarded.' M M v *au. T * * t d N M l 3 M a n a g e r , workmen's Compensation, will be contacted to identify the closed and settled files. 2. Seminar and Education M a t e r i a l s . This information, along with the research and development technical library, is used to produce the training workshop# and training courses which are presented regularly for the facility industrial hygiene representatives. Me 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, *4 3. audit Report Drafts and Work P a p e r s . These documents are generated as 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 audit reports immediately after en adequate audit response 1$ received from the Meetinghouse plant. *. M i c r o f i l m Records Maintained at tjhe H i n e s . We recommend thet the m i c r o f i l m r e c o r d s 'maintained at the Mines be dest ro ye d. These records are merely duplicates of the records currently maintelned at Industrial Hygiene. 4832U/21 905490 BB 0000021 CONCLUSION i,/ Toxic tort litigation, including toxic tort-related .workmen's compensation litigation, show no signs of abating m thd n e a r f u t ure . In fact, legislation such as the risk notification legislation currently being considered by C c m g r e s s , w i 11, according to many " ex p e r t s" , result in an (CD) increase in such litigation, Consequently, we 13 reasoned and conceived document retention and destruction programs for <i C^J departments such as Industrial Hygiene, and in fact the entire *k.\ Corporation, are imperative, U are available to discuss these recommendations with you at your convenience. Attorney" **--- - %%i .* Manager Corporate Industrial Hygiene Enulronmental Affairs r.f) ?P- 48 3 2U/22 i905491 BB 0000022