Document Gqkm3mKZa3jLLG1rwNaGLZGr

File Name Coordinated Defense of Lawsuits Scanned ? Source JMA: NA Start Year 1968 Slop Year 1979 Contents Itr, report, legislation, minutes, attendece list Notes 7/20/96: 7/20/98: 7/9/98: 1979: Coordinated Defense of Lawsuits Top-level public relations and legal legislation, and strategy meetings describing the full range of collective industry maneuvers: Imported Italian coats; White Owl cigars had fiberglass-not asbestos. (Ralph Nader) Dr. George Wright reporting from all key government and scientific committees; formation of AIA; Sabourin flying around trying to get scientists to sign a statement that present asbestos levels are no problem; Congressman R. Ottinger's assistant "Mr. Solon...we'll continue to scare them (the public), you have every right to try and calm them down.H; Dr. George Wright suggests thorough Indoctrination course* be organized for potential defense medical witnesses (8/20/68); industry-wide legal coondlatlon originated by J-M (11/13/68); agreement to form a common Industry legal problems "committee" accepted unanimously, industry-wide house counsel meetings covered everything legal/govemmental (5/24/69); industry-wide defense against lawyer Ward Stephenson's asbestos case; hiring of "prestige" law firm to direct industry defense nationally preferred to indirect industry control through Insurers (6/15/69); efforts 'to persuade other asbestos products companies" to hire a common outside counsel 'to fight health liability cases (8/18/69). Could be a conspiracy, who knows. Bendix request to J-M for help opposing union claim that 5 laryngeal cancer cases in one Canadian brake plant were caused by asbestos on the job. / 1,'lVi'UON Ol- Ml IIKIN! Saint Luke's Hospital 1130 SHAKES aOULSVARC Cleveland, chio >'.<iio4 August 20, 196 Wr. rferbert -M, Ball/ Vice President and General Counsel Johns-Manville Corporation 22 East Fortieth Street Now York, Now York 10016 Hear tlnrb: I've studied the memorandum written by Mr. standei and I believe something along this line would likely be the best approach to handling the overall problem of liti gation. I would like to comment on some of the suggestions and make or.e or two of my own. With respect to item 1, experienced Federal trial lawyers might not be too rare but to find one with an oxtonnivo background in pulmonary dincasn litigation would likely ho qni.f.o unusual., wi.th the exception oi Ivan Habourin l know oi only two and possibly three lawyers whom I would consider relatively competent with regard to their knowledge of pulmonary disease and in that respect it would be confined pretty much to silicosis. One of these is William C. Hartman of the firm of Squire, Sanders and Dempsey here in Cleveland. He had a great deal to do with developing the Workmen's Compensation Law in the state of Ohio and in the course of that became quite well educated in medical matters pertaining. Unfortunately, he has developed a greater current interest in labor relations negotiations. ?ho second nan is Solon Stone of Huffale, New York. T have I rnt.i f iod :\ number ot' t*.linen Tor him and have alwayn boon impressed with his knowledge: of silicosis and alxo with what would appear to be a very cjood legal approach. The third man is a lawyer,also from Buffalo, New York, whose last name is McKay and who has in the past been primarily a plaintiff's lawyer. He has cross-examined me a number of times. In addition to these men, I have probably been in contact with approximately twenty other lawyers, none of whom impressed me very favorably with respect to their preparation of cases or their knowledge of the pertinent medical factors involved, f hnvo received the impression from most of those gentlemen 1h.il, they ,\\>] i w ivh a eaue muvh morn urronuly in lenuu rd* th" cr'.pt'i:I :> and hupn lor khu buuh un Ihv m^diiM] uxpuOl tt is my impression also that in the Workmen's Compciuiation cases they have small hopes of achieving anything from che Herbert M. Bali medical approach and hence do not pursue this In jury cases the situani.cn might be just the I have had only limited experience with jury With respect to considering the developi competent legal personality, I have the folic There seems little doubt but that for the nes years there will be problems of this sort to of the backlog of cases that we have every re now exist or will develop in the near future niqqost that it is not very prudent to put n o f traini wj of-or t in to an oIdcr man and I p what Mr. Stands! has in mind. It would seem for J-M to either bring a man into their ow or by retainer preempt his major interests a that he becomes thoroughly trained in the bi of asbestosis as well as in the various per> of the law itself. I have in mind also that are run by lawyers and as I indicated to yen letter the most competent physician is of r< use to you unless the lawyer is equally corny more so, Moreover, .1 physician who is pcrh< vuvr.od in our n!:i. 11 bo n useful j is examined by a lawyer having specific mod In addition, che properly trained and infor the use of suitable reference material can his medical witness is reasonably well orie legal appearance. There simply is no way fc patent physician can make up for an incompe It would seem to me that the first requires the most important one is to have the full} available to you. With respect to item 2, it doesn't se< ur.e me ;ui the active member representing t1 in your asbestos is dcCense task force. It realm of possibility to find someone in No serve in this role. Such a man plus the u chosen physicians for the purpose of testi level should provide your legal represents competent witness. If it is possible at t predict the major geographic foci of antic Compensation hearings or lawsuits, it sho\ choose men from the medical profession at become the meet dosirable witnesses. -3- Herbert M, Ball August 20, 19,8 With respect to item 3, I would agree that it as impor tant to have someone available to fulfill this role. I am not certain, however, that Mr. Sheckler is your best bet. From what I know of the current developments in his department, 1 think his time is going to be fully occupied. In addition, I have seme question about his capacity to project himself ns a witness. I must say that I have a rather different kind of person in mind for this particular role although I don't know where he might be in your organi zation at this time. With respect to item 4, I find myself somewhat uncertain as to the full reasons for choosing an Insulation rep resentative. Possibly this has arisen from your major con cern about the cancer cases in the insulation exposures. I would predict that you will have problems also with ycur own textile employees and with respect to Workmen's Compensation with nil of the Divisions of the Company. Furthermore, T boliovu you will bo faced with cocos of lung cancer and mesothelioma occurring spontaneously in employees from ail divisions as well as people who are not your employees. In saying this, I would point out that I believe it might be a mistake to pick a man whose knowledge is primarily in the Insulation division alone. Shouldn't you have someone whose knowledge is broader than this? I cannot help saying that if I were defending a case and I needed a person to rep resent both items 3 and 4 and wanted to choose one from your present employees I would pick Sidney Speil, I presume he would not be available for these things but I think he projects himself: extraordinarily wo.11 and is fully knowledge able in those various nroan. With respect to item, 5, It occurs to me that a liaison and coordinating person might be needed but why not combine this role with that of the legal person to represent the things discussed in item 1. I suppose it is entirely possible that the liaison and coordinating person might be fully occupied with developing the task force and ultimately attending to so many details that it would detract from his possible role as "the competent lawyer for the defense" in the actual litigation* On the other hand, it occurs to mm that yon might combine the rolon not. forth uruinr items 1 . t u< l ' in hnnt'llL of the program .is a whole. Your choice ot a man lor this would be perhaps the singles most important Herbert M. Pali August 20, ,196 3 V' c.ecision of all ar.d since I do r.ot know Mr. Standel or any ocher member cf your legal department than yourself. I refrain from further comment. would like to make one other sug_gestion .1 ,, this tirr.i If the personnel for this task force, rr.d l would include for this particular thought the potential doctors serving as wi.trusses at the Jocai level, can he chosen in the near future, T would suggest a thorough ir.c.octrinaticn mournc organized to present the medical, locrnl, and economic aspects to these persons in dooti. I would suagost that this group he kept relatively small but include the or. who **ou 1 d be ?.ctive . Such a 11 tourse1 wcu 1 d ir.vo 1 ve n.c t on 1 y the presentation of all of the information in detail but mo st 1ihe1y site visits a s we11. Those takira part should be able in the future at times c testimonv_ t< say that they have seen first hand and studied first har.c r.e ft.am- e3 that thev might testifv This v;as the approach used bv t Knew that Mm main nmnhnnls <>'' klv: damn.*!,*; dyt'unu j a on tin- soionhi.lio aupur t::i and !* would ant have in mind ropoaj.mrj proaluol.y that kind ol: i:hin<t hut I third; y'Ui will agree that those symposia, served as a training mechanism for these ultimately bearing responsibility of the legal aspects. I have in mind in our instance a mere restricted and definitely oriented approach to the actual legal problems. I rather like Mr. Standel's suggestion that rerhnps this could be a much broader affair and brina in the cons.i iV'trr.t Lons of other companies who J'aco thin juT"' top I am. [ In'1, vo ro.uwm to holiovc you muihb l*:ud irv-n ol: mn:: i Ho ra h i .' ok lit and iaU.onu; t in the 'd;hcu companion and wo or J-M might stand to benefit by their views. It is likely that I will be in Mew York within the next few days sometirr.e ar.d I would like to have an oppor tunity to discuss this ir. greater depth with you. I have already talked about this in some detail with Ivan and since you have taken the matter up with Clint, I hope it will be agreeable with you if I send a copy of our correspondence thus far :o each of those oeogle. i * 11 1 > iii. *i' i,a \) t ii 11 , w*\ --. ___ - ,-S George p. fright, M.D. HeadTfTe d i ca 1 Research Department CONFIDENTIAL AND PBXVILEGED ibwwbmi1 cetmByraffitiK-- OFFICE OF THE GENERAL COUNSEL',,. m HMB J UP WPSB i 1386 r \1 RRS j WMD l "TM" GHQ Bo 91 /-V August a, 1968 Herbert Norton Ball ASBESTOSIS DEFENSE TASS FOBCS Tou have asked me to elaborate on the constitution and concept of the proposed task force. Up present thinking is that we should have the following members: (1) A highly competent and experienced Federal trial lawyer. preferably with an extensive background in pulmonary disease litigation. . ................... T r Preliminary inquiry os to the Identity and possible availability of such a lawyer should now be Initiated. However, until further liti gation develops it sight be premature to sake any definite arrange ment. For tho time being, with respect to the Tosplalt litigation now pending in Texas, we have prevailed upon Travelers to procure a lawyer to aid Hr. Pate, Hr. John G. Tucker. He is 61 years of age, a graduate of Harvard law School, and a partner in the largest firm in Beaumont, Orgain, Bell & Tucker, Ur. Tucker is regarded by Travelers as the city's best "brief man" and has available to him the services of Junior attorneys to provide the man face requisite to prepare extensive legal briefs. Inasmuch as this particular esse will probably have to be won on legal points upon appeal, Mr. Tucker would appear to fulfill our needs. . Travelers has suggested to me the possibility of utilising Ur. Leroy Vandeveer (who, as you know, is our lawyer in the Bradshaw asbestosls litigation in Michigan) as the overall attorney in the asbestosls cases. While Ur. Vandeveer is Indeed an experienced trial lawyer 1 have serious reservations as to bis acting in such a capacity because of his advanced age, among other reasons. (2) A qualified and recognised medical expert oa the disease oi asbestosls. ' '' Obviously, the use of Dr. Wright suggests Itself. The question is whether he will be sufficiently available. The point is that for the program to be effective all of the members (with one exception discus sed below) will have to be available to travel around the country to meet with our various local defense counsel. This will be time-con suming. While initially we may be able to get by by utilising C. L. Sheckler in conjunction with Dr. Wright, X do not think that this will stand up as a feasible working arrangement if any significant number of cases should develop. Accordingly, I suggest that we request Dr. Wright to give us the name of some other qualified physician that we might be able to employ on a consulting contract basis, if the need arises. That is, we should be in a position topre-empt a given number of days of such physician's time per month, if and when necessary. (3) A person with extensive knowledge of the environmental control "eVior^a"of thi3 company "and of the industry generally wita respect 'to tuia aa.gard7 ; ' " At the present time C. t, Sfaeckler ttou1<3 appear to be our overall ashestosis expert* It is imperative that he be available ?cr oeucational (and possibly testimonial) purposes* If him function in the task force is to be adequately performed his responsibility in that area must bo assigned first priority. (4) A person from our Insulation Division who possesses know ledge ofthe aspestoa insulation industry and l""1"1 inauiat~ioa~ prcouct linos Including tbe~^enernl~cuoaicnl maae^up of~ suca pTOOucia ...... ........ ...... ~ R A* Stapleton would be the man here* However, it is centcplated that where sufficiently experienced and knowledgeable local people are available (district managers, contract unit managers, salesmen, etc*) we shall utilize them with respect to any litigation pending in the locality of their responsibilities* It would be ;ir. Stapleton*3 function to secure optimum cooperation from these people* ;?r* Stapleton would not travel with the task force except where adequate local per sonnel were not available, although his services may be required froa time to time as a witness* The Division has indicated its will ingness to make Ur* Stapleton available in such capacity until such time 09 this work would interfere too greatly with his other duties, at which time it will be necessary to consider some other arrange ment. (5) A member of the J-Il Lo^fal Department to act as liaison and coordinator. " r 1 r " ........ ... n ~..........................1 You have indicated that the writer should continue in this responsi bility* In that ovent, inasmuch as most of these cases will probably be tried in the Federal Courts, 2 recommend that the writer take a course in Federal Court Trial Procedure* Such a tr?o-senoster course is presently available at night at Hew York University l*aw School, Graduate Division, at a cost of $130 per semester* A serious effort should be cade to coordinate the fforte of our task .force with the corresponding activities of other manufacturers in the industry who also are defendants in these coses* It say bo that in time a single overall committee will prove desirable* Z think that the task force (with the exception cf the outside lawyer described in (1) above) should be formally instituted immediately. The basic concept is that the task force will be available to meet with local attorneys for the purpose of educating and guiding them in these casc3* As experience in the defense of these coses is gained, this cumulative knowledge will be made available to our various trial counsel. The task force will gather information gen erally useful to our defense, including the names of witnesses, expert or otherwise, best suited to testify in our behalf* PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION C, B. Burnett Herbert Morton Ball J. 13 * Jobe K. V. Lindell - Asbestos A, B. Marchant A. C. Smith - Fiudernc Ivan Sabourin, Esq.-Montreal F. J. Solon, Jr. Dr. G. W. Wright -Cleveland November 13, 1968 -V F.NV ITtONMEOTAli HEALTH TASK FORCE report to pomcv eon?rn;r, ON INITIAtfTiroAfTlWULllMa MEETING DATE AND LOCATION: October 10, IPdC, at GUQ PRESENT FTICM THE LEGAL PROBLEMS SUB-COMMITTEE: Herbert Morton ~ call (Chairman), w. w. uanigan and R. R. Standel, Jr. PRESENT FROM TIC POLICY COMMITTEE: Herbert Morton Ball and Dr. George w. Wright. PURPOSE OF MEETING; Th principal purpose of the meeting was for Dr. Wright to begin the education of the committee membern aa to the medical and nc.tentific aspects of asbestosls and mesothelioma. Among the major areas discussed by Dr. Wright were; 1) the formulation and chemical make-up of the various types of asbestos and the commercial applications thereof; 2) the ! ntnro of anbeotosts, including the causations, symptoms, detection, diagnosis and prognosis of the disease; 2) the prcuont nialc* of medical knowledge eon errlong anboyt^sis and meruit ho Horna and tbo chronology of the Ills tor ical development thorcof; and 4) Dr. Solikoff's work, the conclusions to he drawn therefrom, and the probable ramifications. C. B. Burnell the meet lug I'o* Inn^h. At that time a general cl ion of the legal posture of this problem was had. Among 1 ho things discussed were; n 2- - 1) the present status of the common law asbestosis actions now ponding against us; 2) the probability of numerous similar cases in the future and the best means of preparing for them; ' ' 3) the significance that medical testimony and know ledge will have in these canes; and ' 4) the need for an industry-wide approach to the problem. , % CONCLUSIONS: 1) Serious consideration should b? given to inviting other companies to join with us in an industry-wide losral committee, the purpose oC which would be to maximize and oo-erdinate the legal thinking and efforts of the various asbestos mining and/or rannfactur.- ug companies. 2) it wilt be necessary to sot up a comprehen sive system whereby counsel engaged to de fend various asbcstosls cases throughout the country on our behalf can be properly and effectively educated as to tho medical nnd scientific ncpcetn of such casco. R. R. Slandel, Jr. cc: N. W. Lantgan F. M. Fonnor - Finderne C. L. Shcchler - Findernc K. M. Jackson y V l.V-AA PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION |MlZ January 15, 1969 C. B. Burnett Herbert Morton Ball J. B. Jobe K. V. Lindell - Asbestos A. B. Marchant A. C. Smith -- Finderne F. J. Solon, Jr. Ivan Sabourin, Esq,-Montreal Dr. G. W. Wright - Cleveland . ENVIRONMENTAL health task force REPORT TO POLTCY COMMITTEE ON SECOND LEGA"L"PHOBLEMS "SUB-COMMITTEE MEETING DATE AND LOCATION: January 14, 1969, at GHQ PRESENT FROM THE LEGAL PROBLEMS SUB-COMMITTEE: Herbert Morton Ball (Chairman); E. M. Fenner*, C. L. Sheckler; and R. R. Standel, Jr. PRESENT FROM THE POLICY COMMITTEE: Herbert Morton Ball DISCUSSION: 1. Tomplait vs. Combustion Engineering, et al. R. R. Standel, Jr , reported to the Committee on the progress of the Tomplait asbestosis litiga tion, the trial of which is to commence on March 24, 1969, in Beaumont. Texas. The Com mittee was advised that it was imperative at this time that a list of witnesses to appear on behalf of Johns-Manville Products Corporation be prepared so that the witnesses might be*. . interviewed, etc. Mr, Standel reported that after conferring with Travelers' local attorney in this matter, the over-all legal approach determined upon was to attempt to rebut any argument by plain tiff that defendant Johns-Manville Products Corporation was not concerned with the welfare of the "working man" by showing the many steps that it had taken to improve working conditions "health-wise" by cutting down dust concentra tion in the air, improved handling techniques, etc., within J-M's own facilities. While such a showing would not resolve the fundamental legal question of whether or not J-M was negli gent in failing to extrapolate its knowledge of certain of the health dangers present in its mining, milling and plant facilities to the employment situation of workmen such as plain tiff (i.e. field industrial insulation applica tors employed by independent contractors and/or Johns-Manville Sales Corporation's Contract Units), it would have value in showing that J-M was not heedless of the needs of workers where the dangers were recognized by it. Accordingly, it was suggested and agreed that it, Jvqu . . ^ ^ f: n fo $ ft * * value to have testimony of.^i^laefes^Sfk> `deaotUj strate what steps had beentaken'4 to controls dust, etc., in J-M's facilitie: -3Mr. Sheckler pointed out that it might be most meaningful to make this demonstration with respect to the steps taken in plants concerned with the manufacture of industrial insulation products. In this regard, he suggested that Tom Eaton would be very helpful and Messrs. Ball and Fenner concurred. Daniel Gallagher was another person recommended for interview in this regard. Other potential witnesses were discussed by Messrs. Fenner and Sheckler. Mr. Standel then stated that in view of these sugges tions he presently contemplated the following list of potential witnesses: Personnel with Plant and Engineering Background: T. H. Eaton - Production Manager D. H. Gallagher - Plant Manager, Long Beach Plant J. Gartshore - Industrial Relations Manager, Jeffrey Mine J. 0. Eby - Plant Manager - Jeffrey Mine Industrial Hygiene Program Personnel: C. L. Sheckler H. Mr Jackson - Manager, Occupational Environmental Control - Director of Industrial Relations & Management Development Industrial Insulations Division Sales Personnel: R. A. Stapleton - General Sales Manager, Distribution and Contracts M. C. Parmley - District Manager, Houston District Medical Personnel: &$ To be determined in conjunction'a.W^th^tfhft 3 A * n of the other defendants involved! ih^sufcltect tion. > **'1 .\ >w>_ ... . '*~>0 '* 'i 0 9 -4- Those people on the above list with whom the case has not already been discussed will be interviewed in depth as to their relevant knowledge and suitability 2. Rogers vs. Johns-Manville Products Corporation, et al. Mr. Standel then formally advised the Committee that a third common law asbestosis action (in terms of those being primarily handled by the Office of General Counsel) had been commenced in October of 1968, in Kansas City, Mo. The Johns-Manville defend ants have not yet filed their answer to this complaint but have been in contact with the firm of Rogers, Field & Gentry of Kansas City, Missouri, which is handling the matter on behalf of Travelers. 3. Bill No. 707 - Massachusetts House of Representatives This proposed Bill was introduced by Rep. David C. Ahearn and provides: "Notwithstanding any provisions of law to the con trary, no ducts for heating or air conditioning which contains /sic.7 fiberglass inside shall be placed in any building," The Committee recognized that while the Bill did not directly concern asbestos it involved a related problem and was fraught with the risk that its prohibitions might be extended to encompass asbestos products. Mr. Ball .nointMl mb ^-Pt W * " that it was one of the duties A :t#e; Offrcb of ' *' , ij * '* General Counsel to follow proposed `legislation. , . ^ : .J' > and accordingly he appointed Mr. *' U vi d "' !i 8li w' 'U->' -5with the appropriate J-M responsibilities involved, including the Industrial Health, Public Relations and Government Departments, on behalf of this sub-committee and the Office of General Counsel cc: . II. M. Jackson ' v W. W. Lanigan E, M. Fenner - Finderne C. L, Sheckler- Finderne ,,*, -- (j20^[ PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION C. B. Burnett Herbert Morton Ball J. 3, Jobe K. V, Lindell A. B. Marchant - Asbestos Ivan Sabourin, Esq. A, C. Smith F. J. Solon, Jr. Montreal Finderne W. L. VanDerbeek - Finderne Dr. G, V. Wright - Cleveland May 24, 1969 ENVIRONMENTAL HEALTH TASK FORCE REPORT TO POLICY COMMITTEE ON MEETING HELD IN LlETr^OFTO^CTffTEGAL PK STEMS SUB-COMMITTEE MEETING It was determined by the Legal Problems Subcommittee that in lieu of the meeting scheduled for May 20, 1969, a meeting of house counsel of asbestos industrial insulation product manufacturers would be held. Such a meeting was held at J-Mfs GHQ on April 30, 1969. A list of the parties attending is attached. (In addition, Milford Salney, house counsel of U. S. Mineral Products Co. had intended to come but was unable to make it). The following members of the J-M Legal Problems Subcommittee were in attendance: Herbert Morton Ball, C. L. Sheckler and R. R, Standel, Jr. In addition J. B. Jobe of the Policy Committee was present for part of the meeting and made a presentation. Attached hereto is an Agenda of the meeting which indicates the matters discussed. The primary purpose of the meeting was to determine whether or not the house counsel of other manufacturers would be interested in forming and joining an industry-wide legal problems committee. The purpose of this committee would be to coordinate and maximize the legal efforts of the various manufacturers in defending future common law asbestosis and/or mesothelioma actions. The primary emphasis would be on liaison and communication of developments, coupled with the pooling of ideas. All of the lawyers present indicated that they favored joining such a committee on behalf of their clients. However, Messrs. Beck (Fibreboard), Suhre (Eagle-Picher) and Morse (Keene Corp.) 2- - stated thaz they could not commit their clients ''off hand" but would recommend affirmative action to them. They will advise us of their clients' positions. It *vas recognized by all present that the ultimate structure of the committee and the possibility of the formation of various subcommittees would depend upon the volume of litigation that in fact develops. R. R. Standei, Jr. cc: h*. ?. S, Breese S. M. Fenner - Pinderne ll. M. Jackson C. L. Sheckler AGENDA MEETING OF HOUSE COUNSEL 07 * ASBESTOS INDUSTRIAL INSULATION PRODUCT :>LA>TUFACTURERS At uphNS-^nvilli;'cim^crAtTCn on April "jo, 1. Introduction ar.d Coffee, (9:00 A.M.-9 :15 A.1,1.) 2. Discussion of the Background of the Problem ' of Asbestosis in 'the Incustrial Insulation Industry.-" ' - -" " C. L. Sheckler, Manager, Accident Preven tion and Health Administration, JohnsManville Corporation 3. Discussion of Present Industry Efforts to Cooperate with""Drgariized"Labor""in .Medical Research Activities Directed Towarcs "heProblem of"Ashestosis. (9:15 A.M.-10:30 A,) j-.* ^ J. B. Jobe, Vice President, Industrial Divisions, Johns-Manville Corporation (10:30 A.M.-11:00 A.M. 4. Discussion of Common Law Asbestosis Actions Presently" Pending. (11:00 A.M.-12:30 P.M. 5. Lunch (12:30 P.M.-l:30 P.M.) 6. Discussion of Industry-Wide Legal Committee Approach. (a) Possibility of Subcommittees. (i) "Clearing House" Subcommittee re common law asbestosis actions in progress. (ii) Medical and Scientific Subcommittees. (iii) Legislative Subcommittee. . (iv) Subcommittee to follow developments in common law re product liability generally. (1:30 P.M.-4:00 P.M.) 7. Consideration of Possible Formation of Industry-AYide Policy Commit"tVe-. Herbert Morton Ball, Vice President, Secretary and General Counsel, JohnsManville Corporation (4:00 P.M.-5:00 P.M.) MEETING OF HOUSE COUNSEL OF ASBESTOS INDUSTRIAL INSULATION PRODUCT MANUFACTURERS --rr joaifs-iLwiLLa oof&^r:^"o>ru;i'*An: oO, i96s? HOUSE COUNSEL Herbert Morton Ball Johns-Manville Corporation Robert A. Beck Fibreboard Corporation Nevin L. Bitner Armstrong Cork Co, Inc. Dale X. Little Coir.bustion Engineering, Inc. Robert Logan Owens-Coming Fibcrglas Corp. Richard C. Packard Pittsburgh Plate Glass Company Richard R.Standel, Jr. Johns-Manville Corporation Walter A, Suhre, Jr. Eagle-Picher Company OUTSIDE COUNSEL E. Judge Elderkin Brobeck, Phleger 8s Harrison (Counsel for Fibreboard Corporation) Neil Morse Chadbourne, Parke, Whiteside Wolff (Counsel for Keene Corp. - Baldv/in-Ehret-Hill Div.) JOHNS-MANVILLE NON-LEGAL PERSONNEL J, B, Jobe Vice President Industrial Divisions C. Sheckler, Manager, Accident Prevention and Health Administration n .cM'r/,; I'd I 5 ry v'oim n I leo M* *. * i i nu / in vi. r c m l.> l 11. . i I l.h )`ni.cn Am ms > IB, I Uf <) Large Hoard Room T/l* VAN DbkUHhK W. L, V, mdovl nit'k r opor In -d on proqron.u in dale rc ) owcr ing <Jus;l count:boJow T1..V j.n Manvi.JJ.e lexl:j)c operation. The possib.L liuy of muldmj acbcecoci textiles from asbestos paper wns discussed. VMs would eliminate dust-prod vicing spinning and carding operations. Van dor boo): to prepare cool and fcasihil.ity data or .mam* nov nviny textile:*, .in this manner. VrmPcJ'boc}; mjcKfoo tod that: pro f.Ltal > IA .ivy r tudy should b^ :iiac>c of Maruhvi}1o textile operations before a docisicui is re:ached on installing costly dust control equipment. 2 van Do rh e c x ]u o 'go r< od r o v x s e c* co r j'.o rale S:.n v .1 r m\ ri\c n t a 1 Control S fnndards. It will he studied and a final draft propound by a commit too consisting 01 the member.'; of: the: Ihivi r onmen tal Control Sub-: Commit too , Dr. Wright and Herb Hail. Z. V;vnD arbor ft dj atrSYinted a report of fiber counts made j.n the v.i.cin i. 1 y of a number of Uolms-Mnnvilla locations, including Manvillc and Jeffrey. K. V. LindoJ.l will announce at the next meeting of QAMA that J-M plans to take dust counts at Thetford Mines. 4. Mr. Vcuibotboek and Dr. bright reported on a program being set: up by the Hvn.'eau of Occupational Safety and ilea.) ill of 1 he U.S. Department of lMnU.lv, V.due al i on and Wed fare, lo eon duel amhioiiLn.it: uaiup 1 i nq at ".t'lrv'l r(l r-i ten* a>ouiui the United Slates for tho purpose of arriving at federal asbestos air pollution standards. Dr. Wright has boon asked, along v:lth Dr. So liftoff and others, to serve on a commit too of exports to review these standards and has agreed to do so. More ... I1' J I \ ' ,1111 < I I I I . ) IV '<' l \ '\'\ \/ \ {\ / i*1 I' L' . V!' i ) 11 : ' '' i i 11 *v; l I ' 'i I I ' I I \ ] J|* . r I i i,' I * \',u Io l hf.M*S iH (li'pliiir: 5 Ml1 [ I < < i ?*nn .nh r > >:, O'' | *y , i;, t 11' out'/ \ o | i d [' l IhhI u r CiMn 11 mm I \ hi 'i , hrt ii!:' i% they (.'o: 11 -m i i [ ithe sub nitron .'.i-*'"! fo y l i a 1< Mini*, caurm lb:1 moatharm. Dr. Wrj'jhl-. vocoim:. ended i hat 0-M uruk-r! ake animal. ex periments to L'fjyl. this I henry (which ho does mil believe is true). Dr. Wrvdil* n l.so ii'cnlioinv.l that ho had seen n copy of: the paper on arbor turn and health Deinq prepared lor the Surc.jo.on n ofirmo by DoMk and that it said th.it "there i s no ('vidoneo at Ui.i.r: Lime that anisestos/cement pipe pesos a cnrcinoqenie hazard." A. D. HAKM; ANT * 1. A. n. flureheat recommended that iT-i* net. qcu involved with I he UJI) nn a company-wide or i j1 rd1i. t:ry**w.i c1 e basin 1*0 ash'vn.m'/hen.l l h . J I wan nm-eed UmI: J-M should strive Lo oonmn in j Co. is- bettor on a .local basin v/j.Lh tho various union:; on v/h<il it. is that J-M .is dninq in tho area of: env j i oi*iii' cm La. 1 control.. % i - M will idrni i :*y and solve i Imvo problems .i.n its own plants and mines without any outside heJ.p on assist sneo , /van b.i1: hi i'.i n nqteod lo coiuim m .tea I e 1.11 i <*. decision Lo Dr. bn' l w;>a C . h . \l. Mai;ch u\t wi11 relay it to the union peopl c. 2. It vain, cV'U.i.dod that d-P will of.fer \q take Dr. Selikotl on a lour o I our Stockton and Dompoc: o}5m.%aL.i onr in the near lulunaw and that v;o will oorn <>ur flanvillc Plant to h.\rn and an soon an cum nror.oni control ptO`jram>`5 h.avn been conploted (in about two months). dr. c.v.our,}-] uT. \;kicari 1. idii-itiua) (lypr-nni has m:prmmed a re 1 \irI*oner to l ho uanoral public: portion of tho Now Orleans health study. Present plans call for tho in-pi am: study to bciin this yccu:, with tin? cioci irion whether cm rot to undertake the (jcncral public phase? to be ntade at a later data. More m i nn-nr. I*'i I i i ' ' l(l , . ( [ [ fhn d \ I :i| - (| K. V. J,;ikJo.1! e:-:p;VvnnU the opinion Utah (,V\MA i s unlike) to approve tho necessary i:undr> for the? project this year bat rnj.cjht well do r;o next year. Mr* P.u>K*:lt rpnd that Jo>in:-;--/lanvi ) 1 n vn U be vill.inc} to pay for the f i i:a t year of l ho y.tudy vIioLIkji: or not OAMa dTproves ihoiv^ f.or the project. a. b. oobis 1. J. 25. Jobe reported on recent activities of the Inoulatio. Industry 11 yr; tana Research PtogV.am. 2. Do vil) report on the status of funding cl tho procjr.mi for iir/o. Present understanding iu Unit the Asbestos Vvorkera dalon .ivl the con v motors v;jj .1. provide the entire cost beginning the first quarter of 1970. JL- A.-, Sfh.fVJ, .7H . 1. F. J. dolor reported on br. Be J U;o <" f1 s recommendationn re l* ho necessity of animal re no arch In datvnnine the health clients of voter passing thronnfi ashes tos/eement pipe. hr. Mr.i chit will ta! 1' Vo Dr. v?.i t) i am Hmi th of FairlciMh-Uichinyon and perhaps others about this. 2. Scion reported on development:; o date to the soon-to- spray fun of tVio v:or'icl Trade Center. Hi*. 5 about* in shoved s 1 ides given him by Dr. Brdikotf shoving spraying being done on a now hall Street hui Icliny by the same plastering contractor that v/ili bo Doing the Center. The r)-e hn i on vas made that J-M shnnYd not: c/oh too hcaviJy involved in the probVmr; nnnocin in > 1 w.\ i h the World Trade Cm 11< r , I nl ! Int I the Policy Co:nm *.ttur be kept up ho dale: u\\ de ve. 1 o) m\en he. ft v/at*. brought out that J*-U does not favor asbestos spraying ns a matter of policy. 3. S o.l on difjln-i.hnted a chart of upcoming medical meet inns. v> ~ 1 Jl ) 1 \ < "/ f jinn 1 1 1 4> f> Me. J u nj - 1. . `1. ,\)*>py OV a ' \0,1 * i qivcn fn'1 tllO P)' 1 ti |. i 1 >q 111 IhhJ; li'i fo'Hll OJ* 1'!. M. 1`i'nno.r`s talk nn tU<> cW*\ Vhivi lrumninJ.nl Control Drpni; 1 in-'h i, delivered .m Nay ho J or'' a medic a .1. qvoup in Atlantic City, HhUUKRT /OKTOW RAlj, 1. Kfforu; a'-'1 continuin') L*o pcru mvJn o Uk.t asbcutc.'; products compan i i-r i.o agree won a common out'j^do legal counsel to fight health liability cases. IfJS/mvds . J. Solon, Jr. PRIVILEGED ::ND CONFTRENTIAL ATTORNEY-ClIENT COMMUNICATION August 15, 1969 C. B. Burnett Herbert Morton Ball J. B. Jobe K. V. Lindell A. B. Marchant Ivan Sabourin, Esq. A. C. Smith F. J. Solon, Jr. W. L. VanDerbeek Dr. G. V>'. Wright Asbestos Montreal Finderne Finderne Cleveland ENVIRONMENTAL HEALTH TASK FORCE REPORT TO POLIOT COMMITTEE ON MEETING HELD IN -COMMITTEE MEETING It was determined that ill lieu of the Legal Problems Sub-committee of asbestos industrial insulation manufacturers would be held. Such meeting was held at the general headquarters of Johns-Kanville on August 12, 1969. The following companies (in addition to J-M) were represented oy tneir house counsel and/or outside counsel: Armstrong Cork Co. Inc. Certain-teed Products Corporation Owens-Corning FibergTas Corp. Fibreboard Corporation Combustion Engineering, Inc. Eagle-Picher Company Unarco Industries, Inc. Keene Corp. - Baldwin-Ehret-Hill Div. Herbert Morton Ball and the writer attended on behalf of the J-M Legal Problems Sub-committee. The morning portion of the program was devoted to a lecture by Dr. Wright on asbestos and health problems. The purpose of this presentation was to Mhit home" to the group the seriousness of the problem which confronts them. It appeared that Dr. Wright's presentation had the desired effect. After lunch there was a short discussion of the Tomplait case (now settled) and the new case instituted in Beaumont {cy hard Stephenson, Esq., the same lawyer who represented Mr. Tomplait) of Potter vs. Fibreboard Paper Products Corporation, et al. l?e wore told that Mr. Stephenson- has instituted a xiura case in which we are a named defendant, this time in Louisiana. The bulk of the afternoon discussion was devoted to devising the best means of handling these cases on an industry-wide basis. 2- - Everybody seemed to favor the formation of a:i industry-wide committee of house counsel and indicated a general desire to cooperate in these matters. Further, the majority feeling: was. that if the litigation in this area becomes as extensive as is anticipated the most feasible way to conduct the matter on an * industry-wide basis would be through the retention of a singl^v* large "prestige" law firm. This firm would coordinate. legal**' activities on behalf of all of the companies in the industry and direct the conduct of the litigation by the various local counsel that would have to be retained in the different areas where individual suits are instituted from time to tine. The previous experience of the manufacturers in the electrical and tobacco industries in using such an approach and the consider able success which resulted therefrom was discussed. The essential concept underlying such an approach is that the use of one law firm will result in: 1, economies of administration of the defense; and 2. a more efficient and unified defense posture on the part of all of the companies in the industry. Such a law firm will develop expertise in handling the cases (which in large measure wall be essentially similar) and i_his law firm will utilize its developed expertise to more quickly and cheaply educate local counsel and direct the activities of local counsel. Among other things, the law' firm will develop such things as: 1. memoranda of law and legal briefs which will be of general applicability; 2. a library of legal and non-legal relevant information, including the pertinent medical knowledge; and 3. a list of medical and other expert witnesses best qualified to appear on behalf of the defendants. The firm chosen will have a sufficient number of "young lawyers" to engage in the extensive legal research and brief writing that will prove necessary if any significant number of cases do in fact arise. The fundamental thought is that the firm can perform these func tions on behalf of all of the companies in the industry and that this will avoid a ten-fold duplication of effort and expense which will result if each company has to prepare its own defense in each case (and particularly if this must be done "from scratch" by various local counsel in each action instituted from time to time). -3- A basic problem is one of the allocation of the costs of such an approach. Mr. Logan of Owens-Corning Fiborclas Corp. asked if the people present were willing lo participate on an equal sharing basis and the response was negative. The lawyers present indicated that they would need some kind of icrnula to present to their respective managements as lo the percentage degree of ^ each company's participation. No dollar figures can be presented because it cannot be determined in advance how many law suits will be instituted and where. A sharing formula based upon the company's respective percentages of sales in the asbestos indus trial insulation industry was suggested. I indicated that such a formula based strictly oil such an approach would not be accept able to Johns-Manville. The group requested me to prepare a proposal in September as to possible bases for the sharing of costs (assuming that such an approach as discussed above will eventually be approved by the respective managements). I agreed to do so. and indicated that I would use as a starting point the respective sales or the various companies in the industry during the period 19SC - 1969. However, there will have to be considerable negotiation from this point. Insofar as the smaller producers are concerned, the hard truth is that in a given case in which they are named as a defendant (by the plaintiff) or as co-derendants (by one of the companies named as a defendant) their legal fees, generally speak ing, would be about the same as those of a larger company also named as a defendant in that case. That is, the expenses of defending the case would be about the same to a company which only contributed to 5% of the plaintiff's disease as to the com pany that contributed 40%. Accordingly, since the purpose of the use of a single law firm is to minimize the costs of everyone insofar as that particular case is concerned, all companies would be benefiting equally vis-a-vis what it would have cost them to defend the case individually, without regard to their respective sizes. Therefore, an allocation of the costs of defense based on respective percentages of sales would not be realistic. The difficulty in any industry-wide approach is that the inter ests of the different companies are so diverse. For example, IJnarco Industries is no longer in the business and has changed its insurance carriers. Therefore, Unarco looks primarily to its old insurance carriers to take over its defense burdens. On the other hand, Qwens-Corning, while one of the largest com panies involved, claims that it had a very small percentage of the asbestos industrial insulation market during the relevant period. Further, Armstrong indicates that it has sold out its business and does not know to what degree it has an indemnifi cation liability. A further problem is presented by the fact that in large measure the various insurance companies involved present a complicating factor. In view of the retrospective rating aspects of the insurance carried by the companies and the fact that expenses v _4- actually incurred are in practice often charged back to the insured with a "mark-up'1 added, it is questionable whether the presence of insurance companies in these cases is of net bene fit. The use of the type of counsel often employed by insurance companies would not, appear optimum here. The cases are too important and too uniquely complicated. Moreover, the writer and several others present expressed the view that it would be better if the defendant manufacturing companies could direct the activities of local counsel directly or through a single law firm without having to do so through the insurance companies. A Committee composed of Eugene Anderson, Esq., of the law firm of Chadbourne, Parke, Whiteside & v,rolff (counsel for Keene Corp. -Baldwin-Ehret-Hill Div,); E. Judge Elderkin, Esq., of the law firm of Brobeck, Phleger S: Harrison (counsel for Fibreboard Corporation): and the writer, is to prepare a list of possible law firms to handle this matter if such an approach is ratified by the various managements. R, R. Standel, Jr. cc: W. P. S. Breese E. M. Fenner Fred Ingham H. M. Jackson C. L. Sheckler Findeme TO: POLICY COMMITTEE C, n. Burnedt n. M. J. H. Jobe K. V. LirvBoll A. B. Marclmnt A. C. Smith Ivan S ahemr in F. J. Solon/ Jr. W. L. VanD^rbook Dr. G. V,\ Wright ryiCu M i fl' iti-;s \W \ \ ry (\vmn \ \ \ <si* M *i d \ nq Knvij ujnnoni-.j I Hna I [\\ Tur.U Force August HI, \')(-0 barge hoard Koom W. 1,. VAN DKRhlWU 1 W. h. V.indovUerk voported op pvoqri'iu: to date it lowering dust conn hr.? below TJ..V in Mcmvillc textile operation. The peuoibil j. Ly of making nrshon 1 on toxtilogp CrSffi ngtfost*05 paper was discussed. 'this wou uu^ji-produc ing spinning and cording o Deration a SNSfeperbeck to prepa*r^~ cost end feasibility data for `nuSuf&cturiiKj textiles in this manner. VnnDorbeek neyg0:5 ted that* prof i tab Hit?" btvKVy * should he mack1 of Marnhvi.1 lo textile operations before a decision is reached on installing costly dust control equipment. 2 Van Do vbucls proposed rov 1 e0 corpora to JUnvrreamer. Control f) handards It will bo nt.ud.iod and a final draft prep:u ec\ by n committee consisting of the members of the EnvironmentuL Control Sub-Committee, Dr. Wright and Herb Ball. 3. VanDorbeck distributed a report of fiber counts made in the vicinity of a number of Johns-Mnnville locations, including Manvillc and Jeffrey. K. V. Linde11 will announce at the next meeting of QAMA that J-M plans to take dust counts at Thetford Mines. 4. Mr. Van O'*'rb 00k and Dr. Wright reported on a program being f;c:t up by the JUirrau of Occupational Safety and Health of Hie U.n. l^'`pn*l.ninnl of lira Mb, Edueal ion and Welfare to foinlm'i , nil ! <'w\. a \ r :;;uv.pl ,i\'y a l : .<d rob' d nil or: around l lie' Uni led Stel.ee I nr Uhe purpour r>C nrr.ivlnq at roclern.1. nsboa Inn n.ir polluLjoji nlandurdu. Dr. Wright lias been ached, along with Dr. Solikoff and others, to servo on a committor, of experts to review these standards and has agreed to do so. More .,. I'nl iry j II # w . rfwi i mi - u/1 r.A.i Dl*. h'r.i.nh 1* common tod 1 11 r-sf Dr. .Sojilcoff nnd others cu*c omphas.ir tnc electron i.irrosc'.'jA' ;v.- the only valid method of counting Ii Dor, because they contend it .if; the sub micron rifccd particles that cause the most harm, __ ( # Or. Wright rocorumended that 0-M undertake animal experiments to tost this theory (which he docs not believe is true). Dr. Wriuht also incMtHonod that he hud seen a copy of the paper on ar.o.-v ton and hoa f th being prepared for the nnrgnou ('hei v I 1 r; of!Joe by r.npfi, and Mint it maid that "there .in no evidence at this; Linpipe po.ncs a carcinogenic hazard. A. D. MAKCUANT 1. A. H. Mnrcli ant recommended that J-M get involved*.*' wit:h the TCJD on a coinpuny-w.ido or industry-wide basis re asbnates/boalth. It was agreed that J-M should strive to communicate better on d local ban in with the various unions on what it is that J-M is doing in the area of environmental control. 0-M -will identify mid solve these problems in jts own plants and mines without any outside help or asnintanco. Ivan Sabourin agreed to communicate this decision to Dr. SoLikoff. A. fc. Mar chant LI relay it to the union people, 2. XL was decided that J-M will offer to toko Dr. SellkoII on a tour oi our Stockton and Lompoc operations in the near future, and that we will open our Manvillc Plant to him and ethers as soon as our present control programs have been completed (in about two months). pR.-ODORcns w. wrtcut 1. N..i t.i mi al. Gypsum has exf nrosrud n re JucUnco to the nonoral public portion ot the New Orleans health study. Present plans call for the in-piant study Lo begin this year, with the decision whether or not to undertake the general public phase to bo made at a later date. More ... I, K(,, I .1 c 7 ('< ']r u i j | , i. McsUrsu s .1 o K. V. 1 i\rA<' I I tJ>o opinion that C1V1A is urilihcly to app'o-, u Uv' nocc:;::niy funds Cor iho project this year bat i. .r j 111" wo..\ X do no ucx l; year. ' '* Mr. Pm iK'i t. r :nl that Johns-Manv j ] .1 r wi U. be willing to pay i or IMo I Mm. voar o(. i ho study vfhether or not QAM approve;: i^on-^y hr ih<` nro jewt. j. B. aen'r, 1. J. D. Jobe reported on reccn t activities.-^ Indue i. ey Ilyq Lc"o Research Program. Insulation 2. He will c r' 11 '' I nn Uic jJaUis of funding of Lho program for 1 n/'t Orf\'viit ;nifhu handing is that lho Asbestos V/orko; ; Union .us; this con i i no tors will provide the entire cost tv yiim mi<[ the fir:?;: quarter ol 1970. I'1 ^ >T, or .o*^ ,i p. 1. P. J. del on reported on Jh*. f> o I il.oC J:1r; recommendati ons ro idm i!('C('r;rs ty of rniinn] research to do tori'" in o the head Lii o oJ: water pasei.ng LhiouV'h ashesLon/cement pipe. Pi*. Wi iqht v:j 1 1 talk t*o Jh:. William Smith of Pair J oi'.jh-Dick.i noon and perhaps others about this. 2, Polwn vvuovU'l on davoUqmcnhr. to date re Lho soori-tobcq.i.n noray i nq of the World 'Prado Center. Hr. Sabourin showed nlidun given him by hr. delihoff showing spraying being clone on a. nev: Wall Slreot building by the sumo plastering contractor that will be doing the Center. . The dreirHon vns made that J-M should not got too heavily involved in Mu' problems nsunci aLed w.ith the World Trade , 111U I 11. a I |J|P Pol i ry < \ uim* i I Leu bo kept Up to date on dov< ` \ o| >i i h ` n is.. It was brought out thav ,7-M doer; not favor asbestos spraying as a matter of policy. 1. Solon distributed a elm Hi of upcoming nvxUcal meetings. More ... \bft I j :y (Viirim i I i / Moi '1 i n(i -* \'/'\ Ji/u'i . 'I. 4. Approval vm:: given f;or the print.! ng in booklet: form of lit. M. tenner'n talk on the l-M knviraomental Control Department delIvorod In May before a medical group in Atlantic Citv, HhbbKRT WRTON bAtb 1. kflortc arc continuing to perr;undo other ?isbostor; products ^ coropnn? -'i- Lo agree upon a common ou jSfft *3%c?tfl to light: health liability eases. FJS/mvds r. J. Solon, Jr. tint .tui* * yt --5 *: *' * .> j -4 1 J`Am ron:u:v uwuttkk C. B. Burnett il. M. Ball '* ~ . Dr. Thomas Davison J. B. Jobe K, V. Lindcll A. B. Merchant F. h. Pundsack Ivan Sabourin F, J- Solon, Jr. W. L. VanDerbeck Dr. G. W. Wright '1 nrr, Of; 1CE or I!!t general coiiusa W. P. Baines M. M. Swotonic Bert c*or,s Carl Thompson Jim Callaghan T H'T iik 11,<; wiii.ic nKi.A'rxfji-::; puji-rwnM j;rn-;K MN V L KONMKNTA], UlJAl/l'H TAG K 1'OUCIJ JUNE 2, 1970 ATTENDEES: F, J. Solon# Jr, - Chairman V$. P. Rain os M. M. Swetonic Carl Thompson - Hill & KnowLton Bart Goss "" Jim Callaghan " " 1, Raines reported on the May 27-20 hearings held by the New York City Environmental Protection Administration on the recently established regulations on sprayed -asbestos. Raines reported that he believes the City plans eventual].y to completely ban the use of asbestos in spraying. The thrust of questioning also indicated the city is concerned about the use of asbestos in all typos of construction materials, even so-called bound-in products, because of the "danger"of air pollution when the building is eventually demolished. The vise of fiber glass in some applications, such as for duct lining, was also questioned. The City's basic air pollution control code is being revised, and will bo ready for hearings by July 1. The Sub-committco agreed that J-M needs to develop a position on demolition by or before that time. Thompson commented that there are existing City regulations on demolition to reduce dusts, but that asbestos is not specifically mentioned. ACTION Raines to contact City to determine what the next moves arc re demolition and fiber glass# and to offer J-M and NIMA co op oral, ion in the draft incf of the new code. J-M people `inch nf> Prod Fundsnek. I'd Fenner and Dr. Davison, among oilier::, could prove valuable in this regard. Be cause: of lhe very strong possibility that any code developed in Now York could be adopted by other cities, it is essentia, that J-M and NIMA take a strong stand in the areas of demolition and fiber glass. 2. Raines reported on a recent newspaper article describing a six month "crash study" being undertaken by the National Air Pollutio Control Administration to develop standards for asbestos pollutio. control. Thompson commented that this study is one of 17 similar  H ^ 1 1 `*u b i u>i i ." ' in l o I Iii ^ i m 1111 I hr N. 11 5 or i I A<\ul. 'iny o I !!<. i ti by ilh' NAIVn. S-, 1 c mi Mii'l lli.il Ik- i i;h lr: rr; i oo<! Motml; Sinai had Die contract to uludy Lhc nij; sampled for HARCA. A CL'I ON Hill & Knov.'lton to gel: more information on this particular "crash study. " 3. Congressman Ottinger, who is running lor the Democratic nominntio for Senator of how York, testified at the EDA hearings on ashes to He called for a Federal study of asbestos uses, including but not limited to spraying, and attacked the Fedora1 Government for its failure to act faster in the area of asbestos air pollution. ACTION . It was agreed chnt there is no benefit to be gained in trying to sec Ottiivjor before the primary, but that it would probably bo a good move to arrange a meeting with him once it is over. (Political observers generally think that Oltingcr will lose Lho primary and will probably not bo able to run for his Congressional seat in November. However, Ottingcr is a smart politician and will most likely, in one way or another, remain active on the political scene.) 4. In recent months, numerous people, .including Ralph Nader, in commenting on lho usbcstosrs/heal tb problem have quoted from the so-called Litton Report as to a "potential worldwide epidemic of cancel' from asbestos exposure. " This quote is taken from the "Summary & Kvaluation" section of the report. This section was noL accepted by UISVI, which sponsored the study, and was not included in their published version of the report, The Department 03': Commerce, however, published the entire report inc.lnding the "Summary A Evaluation11 section, and it is this version which in being con tinu.il J y quoted. ACTION Raines to draft a brief statement explaining that the quote war; not accepted by the Fedora 1 agency sponsoring the report, and quoting Dr. Wright (from Lho soon-to-bepublished "Today's Health" article) to the effect that the man upon whoso work the Litton quote is based (Dr. J.G. Thon is an "alarmist.M This statement will then be submitted to i ( VN \\\i* >\\ , \ \ w \ \ \ 1.4'/ which being usrd for firoproofing, has scheduled a meeting on Juno 17 to look intc the health aspects of asbestos-containing insulations. ACTION Bill ILuinos Lo attend this mooting together rjrfith J-M's listed representative. Bob Noisel of the Kjpsearch Dept. 6. Plans for the establishment of a U.S. Asbestos Information CoiTdii.lttee were discussed. It was agreed that the organisation and objectives of the US-AIC should be based upon the highly successful British AIC. It was also agreed that for purposes of epeed in rebutting erroneous statements in the press and elsewhere, it iy essential that there be a small (two or three iwan) ut v.vitv'\ tee> authorized to make such statements. It was also agreed that experts in various areas of the asbestos problem, such as Dr. Wright, Fred Pundsack, Cd Fenner and other people from member companies, should be available as "technical consultants" to the US-AIC. Solon has discussed the basic plan with K. V. Linde.ll and they have agreed that C. B. Burnett shoul< advise on those companies to be invited to join us in an AIC effort. ACTION a) Solon to confer with II. M. Ball as to legal ramificatio of setting up such a Committee. b) Swctonic to prepare membership list of major asbestos trade associations, such as Asbestos Cement Products Association, Aubcustou Textile Institute, and National Insula Lion Manufacturers Association. c) Thompson t;o supply organisation of British AIC as model for US-AIC. d) Swctonic to collect samples of types d'f rebuttal activities which have been carried on so successfully by the British AIC. e) Solon to present proposed plan to upcoming Policy Committee meeting. U ^- /\n l_>,,'i; I. ol n i qj. m;iLon C<>nuu i L lee Purpose 1. Provide an authoritative channel of coinmun.icaLion to all publics. ..v 2. Publicly rebut uninformed criticism. 3. propoxate? the benefits and indispynsability of asbestos through advertising, publicity, speeches, etc. Formation Procedure 1. Four companies to be founding members - all major manufacturers of asbestos-based products. Additional companies can bo invited to join after organization and initial activities are under way. 2. C. B. PAVrnott to call formation meeting at which purpose to be explained and organisation formed. Candidate c ompan1c s: Johns-Manville . * C attain-teed Ravbestos-Manhattan ' PlintUote `A Nnttonal Gypsum Rnhevoi d Philip-Carcy 3. Officers of A.I.C- (each an officer of a founding company): ( n. Chairman h. Viun Chairman e. VoIing member d. Voting member e. Secretary Plus Legal Counsel. (The Secretary should be the public relations officer of his company) . 4. AOm.hi ib i vo Connrn i: boa - will curry on day-to-day activities of the AIC. Members: a. Secretary of AIC. '' b. Environmental Control representative. This committee will consult with the officers, or with medical, loyal or public relations consultants as the secret airy deems necessary. Activities 1. Promptly answer unjust ifled or uninformed criticism of the effects of asbestos uses as it relates to asbestos-health. ' 2. Propane and place advertisements and press material pointing up the indispensability of asbestos in consumer and industrial uses. 1. Counsel on nnd arrange for communication with various interested groups - i.e., local, state, Federal government. 4. prepare and distribute Codes of Practice for the safe handling of asbestos in various industries. 5. Prepare and distribute "position papers" on such subjects as: a. Asbestos and Health b. Asbestos and the General Public c. Uses of Asbestos, stressing indispensability d. Reruvirch hi cisbostos-hcnith nnd such other subject'; as Uic AIC believers advisable. G. Prepare, produce and distribute such asheston-health educational films as are thought necessary. Act i vili or, (Con L nuod) 7 , C owwmi w e o lo w i. Lh and i mo nn oth ox i n t c r c ut ed cj roup a such as: a. Asbestos Textile Institute ,#V b. Asbestor;-Cement Products Association c. National insulation Manufacturers Association d. American .institute of Architects c. Consulting Engineers, etc. 8, Answer inquiries from various publics on asbestos, asbestos products, asbestos-health. 9- Maintain a public relations library on asbestoshealth and distribute items of interest to member companies and other organizations. Meetings A1C officers every 8 to 10 weeks on policy matters and to check general progress of activity. Administrative Committee: As required. Finances An annual budget to cover advert.in i n<j and public relations expense:; should bo p.rcpared with support shared by member companies in proportion to the dollar value of asbestos used by each company. RPPORT 03? MEETING POLICY COMMITTEE MEETING ENVIRONMENTAL TASK FORCE AUGUST 17, 1970 nllo ABSENT: A. B. Marchant Dr. T. H. Davison F. L. FUNDSACK * 1. F. L. Pundnack reported on a four page summary of fiber glass health problems prepared by his department and presented to the National Insulation Manufacturers Association (NIIIA) Health & Safety Committee by C. L. Sheckler. The summary was prepared in response , to a request by NIMA for Pundsack to appear before the Health & Safety Committee. . The summary concerned the work of three researchers -- Dr. Davis at Cambridge, England; Dr. Smith at Fairleigh Dickinson; and Dr. M, F. Stanton of the National Cancer Institute. pr. Davis produced large spreading granulomas in teat animals with two Lypco of fibrous glass, including insulation glass. The prepare* tion of the sampler for injection, however, favored the smaller, more easily respirable fibers. Dr. smith x^roduced mesotheliomas with micro-quartz, but none with insulation glass. Dr. Stanton used fiber glass pads to hold crocidolite asbestos in the pleura of the test animals. In the control group, which had only the pad inserted, no mesotheliomas were produced. A ground up pad produced one mesothelioma in 30 rats. Insulation glass produced no mesotheliomas. Pulverized AA glass fiber produced one mesothelioma. Dr. Stanton's results * showed that low concentrations of crocidolite did not produce disease in the test animals, while high concentration did. in response to a question. Dr. V7right commented that the amount of fibrous glass and asbestos used in such pleural injection experiments is probably thousands of times greater than any a human being would be exposed to under the worst occupational conditions. J-M has arranged for Dr. Stanton to continue his animal experiments using varying concentrations of Jeffrey Mine chrysotile. He will also continue experimenting with . fibrous glass of various types. Dr. Stanton has ashed Fred Pundsack to write Dr. Carl Baker, Technical Director of the National Cancer institute, indicating the importance of this research work to the asbestos and fiber glass industries. Stanton is attempting to obtain more Lest animals for Ills dose relationship work, and he feels that such a letter might help. The Policy Committee agreed that the letter should be written. Pundsack read the caution label contained ,or> the Cabot \ Corporation product, "Cabocil11. In a contact? ji-th the * r** ' Director of Technical Services of Cabot, Pundsack learned that the company considers Cabocil a nuisance dust and is not particularly concerned about its possible health effects. According to Cabot, animal experiments with the material produced no lasting effects, and men who have worked with it for as long as 12 years likewise showed no adverse effects. H. M. Ball commented that J-M should reexamine the wording of its present warning labels in light of the new scientific knowledge we have gained over the past few years. Pundsack reported that ho, E. M. Fenner and Bill Reitze have discussed the possible termination in October, 1971, of J-M1s involvement in the Insulation Industry Hygiene Research Program (IIIIRP). The program had certain specific projects and goals when it was organized in 1968, and the majority of these have been accomplished. Bill Reitze feels that after the first of the year there will be no need for him to spend full time on the program. Pundsack recommended that Reitze continue full time only until the first of the year, .serve on an eight days a month basis until June of 1971, and leave the program completely after that time. J. B. Jobe cormuented that if the National Insulation /s Contractors Association (NICA) agrees at their--national meeting in October to support the IIIIRP on a Id per employee work hour basis, it might be to J-M's advantage to have Reitze continue in his 'position at Mount Sinai as a source of contact. It was agreed that the decision on our 11HRF relationship will be made at the November Policy Committee meeting -- after the NICA national meeting. Pundsach reported that J-M is investigating potential natural sources of asbestos in the ambient air. A map is being developed showing outcropings of serpentine and amphibole rock throughout the United States that could be subject to natural erosion and weathering. In addition, J-M is working through the office of Polar Projects of the National Academy of Sciences to obtain dated samples of glacial icc for analysis to determine if a background level of asbestos fiber or fibrils existed .in the atmospher 500-1000 years ago. An exaaiination of glacial ice from the State of Washington dating back to 1925 revealed 1 fibrils present, A similar examination of Greenland ice from 1909 is currently underway. Dr, Wright commented that it is extremely important to establish a national background level for asbestos in order to set realistic nmbient ' air st/akfnd' ards. Such \J standards, obviously, cannot be made lowerv.than the existing normal background level, >,A J ' J, B, JOBE 1- J. B. Jobe reported on the recent survey of J-M micro fiber customers in which the Celite Division sent a fivepart questionnaire to 16 users. Answers received show . only three customers use the product dry, while 13 use it in a wet slurry. Fourteen customers reported dust levels as being low or very low. Two reported low to medium. The only persistent complaint from the customers was of skin irritation among their employees. Johnson & Johnson, one of the customers queried, wanted more information on the potential hazards of micro-fibers. At a meeting with Johnson u Johnson, Dr, Wright told them that experiments performed by Drs, Gross and Davis on micro fibers showed that the large size fibers used by their company were not capable of producing disease in tost animals. The J & J people were relieved and satisfied. Mr. Burnett commented lhat J-M could pre-wet micro-fibers at the plant before shipping to ensure safety in bag opening. Fenner reported that some tests had already been made on this Burt Jobe to look into the matter further. Dr. Wright said that he has lookcd;.at X-rays of micro-fiber workers, and had found some abnormalities. r M. FENNER 1. E. M. Fenner reported on various changes made in scheduling plant industrial hygiene surveys to make more effective use o time and manpower. Certain locations, such as Jeffrey Mine, are now being surveyed on a continuous basis; others twice , or four times a year, others yearly or once every two years. This new system permits the Environmental Control Department to conduct special surveys as situations require. 2. Fenner reported on a meeting of the NAPCA Bureau of Air Quality Criteria that he and Dr. Speil attended recently in Durham, N.C. The purpose of the meeting was to develop methods for sampling and measuring asbestos concentrations in the ambient air. Besides Johns-Manvill'e, representatives of three NAPCA air sampling sub-contractors attended the meeting. Each sub-contractor reported on its methods and results of sampling. Three of the four in attendance, including J-M, gave results in terms of weight of fiber. The California State Department of Health gave its results, r / which wore extremely low compared to J-M findings, in terms of fibers per cubic meter of air. The decision was made at the meeting to set up a sample collecting station in rural North Carolina. The samples collected, which will ideally all be exactly the same, will be sent to the % three sub-contractors and to Johns-Manville for electron microscope analysis. The purpose of this*4program is to determine how the various measuring techniques compare with one another. Mr. Burnett said that J-M should also examine the HAPCA sample using the same techniques we use for our in-plant surveys to see if any comparisons can be drawn between ambient air and occupational exposures. Fenner said his department plans to begin looking at our in-plant samples with both a light and electron microscope for comparison purposes. This is presently being done with our ambient air samples. Dr. Wri.ght has proposed a project for sampling ambient air nt certain specified distances from J-M operating locations. Fenner and Dr. Wright to get together to work out a program. DR. GEORGE W. WRIGHT 1. Dr. Wright reported on progress thus far in the deliberations of the committee set up by NAFCA through the National Academy of Sciences io Uk1 problem of .inboMon in the nitilj.i oil air. Dr. Wright said indications are the committee will probably recommend interim controls on emissions into the ambient air. These controls will not be in the form of an ambient air TLV, and will be in effect only through 1972, when the full report of the committee is due. Dr. Wright asked if J-M could provide information for the committee on the concentrations of EM and light microscope sized particles in the neighborhood of J-M plants, and also information on the concentrations that might exist if controls were not in effect at those plants. It was agreed to provide as much of this type of information as is available. Dr. Wright also commented that lflftPCA representatives on the committee were convinced at first that asbestos was an extreme serious hazard to the general public, but now feel that perhaj the situation is not as bad as they had thought. 2. Dr. Wright reported on the currant status of the BOSH recommendations for a Federal occupational TLV. 3. Dr, Wright reported on a tweeting of the Committee on Occupational Pulmonary Diseases of the American College of Chest Physicians held recently in Corning, N.Y., to discuss possible hazards of fibrous glass. Dr. Skippers, who was scheduled to deliver a report on these hazards, did not show up. Dr. Cralley said that BOSH is getting inquiries daily on fibrous glass, and that he felt it would be a good idea if a statement could be produced on the subject. BOSH will not prepare-such a statement. The decision was made to place more fibrous glass experts on the Occupational Pulmonary Diseases Committee to discuss the subject further and develop such a statement. 4. Dr. Wright reported on recent experiments in which Dr. Marvin Kushner had test animals inhale particles of ground up polyurethane foam. Nothing happened to test hamsters, but two out of 26 rats which were exposed to high doses of foam dust developed lung cancer, and one out of a similar group exposed to low concentrations of the same material also developed lung cancer. Dr. Kushner is presently trying to play down the importance of this experiment, because he bought the foam from a store and is not sure what contaminant materials might be in it. A committee from the plastics industry is looking into the matter. Dr. Wright agreed to send what material he has . on the subject to F. L. Pundsack. IVAN SABOURIN 1. Ivan Sabourin proposed that he personally visit prominent asbestos/health experts throughout the world for the purpose of collecting statements from them to the effect that, at this time, the asbestos/health problem is by no means as serious as it once was and that it is, in fact, either completely under control or is fast coming under control. -* * *4 Mr. Burnett agreed that this project has-' considerable merit and should be carried out. Mr. Sabouirin-^to prepare an itinerary and cost estimate so the project may be started as soon as possible. . F. J> SOLON. JR. 1. F. J. Solon, Jr. reported on a meeting held recently at Mount Sinai with Mike Kitzmiller and Nancy Matthews of , Congressman Richard Ottinger`s staff to give them the true facts on asbestos/health, ottinger has made misleading comments and statements on this subject during his successful primary campaign for the Senate. Also attending the meeting were Dr. Selikoff and Dr.Heimann from Mount Sinai, Mr, Kramer of the legal section of the New York City Environmental Protection Administration, Mr. Hutchinson of the Asbestos Workers Union, and f, L. Pundsack, F. J. Solon, Jr., and W. P. Raines of J-M. Solon read excerpts from the meeting, which indicate that Ottinger's people are not convinced asbestos is not a _ public health hazard, and that the Congressman would continue his attacks an asbestos if lie Pelt that it was necessary and if there appeared to he political advantage in doing so. At the meeting, Solon pointed out to Kitzmiller that it was despicable practice to use a stricly occupational problem to frighten the general public about a danger of lung cancer to them* Kitzmiller's reply; uMr. Solon, * I don't agree with you. We'll continue to scare them, you have every right to try and calm them down!1' 2. Solon distributed a list of upcoming meetings. Two additional meetings wore noted: Sept. 15-23, 1970 - London, England * International Symposium on Inhaled Particles and Vapors (to be attended by Dr. Wright) Sept. 23-27 - Cagliari, Sardinia Subcommittee of Permanent Commission of International Association on Occupational Health (to be attended by I<. V. Lindell and Ivan Sabourin) F. J. Solon, Jr. FJS/mk TO: POLICY COMMITTEE C. B. Barnett H. M. Bal. Dr. Thomas Davison J. B. Jobe K. V. Lindeil A. B. Marchant F. L. Pundsack Ivan Sabourin A. c. Smith F. J. Solon, Jr. Vf. L. Van Derbcok Dr. G. W. Wright ' nr\ (. 70 IfosS-j or//;? oi the "HERAL COKiJSE' CC: V$. P, Raines M. M. Svetonic Bert Goss Carl Thompson Jim Callaghan 'i L lUiPOK ;T of niiliXLI-IG POU.CY COMMJXm MEETING F^VIRONHENTAL TASK FORCE OCTOBER 15, 1970 F. L. rUNDSACIC 1. F. L. Fundsack reported on Ralph Nacle^s recent charges that asbestos, fiber glass, diatomceous earth and other substances are being used as additives in cigar tobacco. Approximately 5-10 per cent by weight of homogenized tobacco leaf consists of diatomnccous earth, which is used as an additive because it increases combustion and aroam, and produces a more stable ash, A total of approximately 300 tons of diatomaceous earth is sold to the cigar industry each year for this purpose. J-M sells around 50 tons. Tests were conducted at Research on the ash from a number of popular cigar brands to determine (1) if the diatoroaceous earth used as an , 4 additive converts to quartz or cristobolite, and (2) if asbestos or any other additives are also used, The results indicated that tho diatoma- ceous earth did not convert, and that asbestos is not used, although there was evidence of glass fiber being used as an additive in White Owls and Phillies Sports. This information was relayed to the General Cigar Company, which had contacted the J-M Celxto Division about Nader's charges. F. J. Solon, Jr. reported that Dr. Selilcoff became involved in the matter when Nader contacted him on the recommendation of Cuyler Hammond. Dr, SellkoflMs ccmirfccn.its on the situation prevoked the iresid ant of General Cigar Co,, who is a trustee of Mount Sinai* A moating was held at which General Cigar agreed to give Dr, Selikoff a grant of from $50-150 thousand to conduct research'into cigar additives. This large grant fell through and a much smaller grant is being considered, *v ** J-M has obtained 15 samples of dated polar ice- from North Greenland and from the Antarctic ice cap to determine if asbestos existed in the ambient air before asbestos was developed couitcrcially. The samples date back to 1750, A 1909 sample from north Greenland tested earlier did contain asbestos, The study of Federal and state geological surveys to determine possible natural sources of asbestos in the ambient air is nearing completion. Thus far, 20 states have been surveyed and all contain either serpentine, rock formations or asbestos deposits. Most, but not all of these sources, are on the surface. This study is expected to be completed by November 5. ' J-M is one of five institutions participating in a National Air Pollution Control Administration program to evaluate methods for measuring asbestos dust concentrations in ambient air. Samples of rural air, urban air near a containination source, and urban air away from a possible contamination source have boon collected by NAi'CA and will be sent to J-M and the other institution;;, including Mount Sinai and the liEV Center in Cincinnati, for measurement by both light and electron microscopy. J-M has not yet received its samples. 3 4. The J-IL program to test municipal water systems using asbestos-cement pipe for asbestos content is continuing. The results-Co date show very low concentrations of asbestos released from the pipe. F, L, Pundsack and Dr.* George Wright will moot to discuss the possibility., of sponsoring an epidemiological study of gastro-intestinal cancer in a municipal area where asbestos-cement pipe lias been in use for many years. 5. Pundsack commented on the final report of the Philadelphia Ad Hoc Committee investigating the hazards of sprayed asbestos, `fixe committee, consisting of a number of highly-regarded doctors, architects, members of industry, etc., recommended that asbestos-containing spray compounds be banned in the city of Philadelphia. The reasoning given in the report was that there is no level be.'} nw which asbestos has hp^n demonstrated to be safe-,---------------------------------------------------------------------------------- Pundsack said this constitutes a growing problem. The correnittea v/as not a rSwitch hunting" type of group,, yet they felt that a ban was * best. Pundsack recommended that J-M marshal all the data possible on this subject, because we are going to be faced with more and more of these situations in the future. Dr. Wright said that this situation points up the need for more research in the area of asbestos air pollution. He also said he had received a letter from Jesse Licbcrnxan, a Philadelphia health official and member of the Ad Hoc committee, asking for his comments as to a safe level in buildings already erected which contain asbestos-insulated plenums. -4 Dr, Wright recommended 1 fiber per cc as fi level. He further ** . commented that if yuch a level is adopted, the spray contractors in Philadelphia will have grounds for going to the city and asking that asbestos spray be permitted if the accepted level *is maintained. C. B. Burnett recommended that an attempt be made through our contacts with the city of Philadelphia to obtain a list of buildings containing asbestos-insulated plenums so that J-M can do dust counts. J, B, JOBE 1# J. B. Jobe reported on a meeting held with Owens-Corning to discuss the health fund px*oposal which was to be presented by the Asbestos Workers Union to the Rational Insulation Contractors Association in Dallas. It was agreed to support the proposal, but at a lower per hour figure than that recommended by the union. In addition, it was agreed that J-M and 0-C xtfould support limiting the use of the fund to develop safety practices for on-site work only, and that the fund be administered by 4 a joint union-contractor group, and not by the union alone. llie proposal was accepted in principal by RICA at the Dallas meeting and referred to regional groups for their approval. Fiber glass was not mentioned by either Dr. Selikoff or Union President A1 Hutchinson during their speeches al: the Dallas mooting. 2, J-M will continue to support the research activities of the NIMA Health and Safety Committee. NIMA is preparing a recommended program for future research, which they will submit to their membership (including J-M) for approval. c, d. durntit, J. i>. joke, if. l, i'iudsack 1. The Insulation Industry Hygiene Research Program is entering its J ^ U*J* , . ^ third year of operation, and is scheduled to <3$1 in October, 1971# There is little in the way of dust counts or field v?ork going on any more. Fund sack recommended that Bill licit zc work for JIHRP only on a limited basis after the first of the year, and be phased out completely by the first of July. Pundsaclc to discucs this with Dr. Selikoff in the near future. IVAN SAbOinUN. lr. J. SOLON, .hi.. DU. 0. W, WRIGHT 1. Solon reported on progress to date in the formation of an Asbestos Information Commit tee/North America. Eight companies will found it: J-H, Certain-teed, CAT (hut--old), rUntkctc, Raybcstoc, National Gypsum, Philip Carey, and Woodward Iron (CAPCO). An organization meeting has been scheduled for November 5. A senior officer and a public relations representative from each company have been asked to attend, A prospectus has been developed by J-M and sent to each company. Ivan Sabourin recommended that eventually the organization should be expanded to include miners of asbestos, as well as manufacturers. He also said that the chairman should play an active role in the work of the CoTstmittoc, and that, because of the large amount of work that needs to be done, a full-time secretary is needed. Dr. Wright commented that in order for the Committee to have significant stature, the members should be high ranking officials in their own companies. He also said that an important function of the Committee 6 will be to inform the member companies, many of which have not been very active in the health problem, of what: i3' going on. H. M. Ball recommended that it would be advi be in attendance at all Committee mootings. a lawj V F. J. SOLON, JR 1, Solon outlined the ashestos-spray situation as it exists today, and distributed a memo from the Public Relations Sub-Committee pointing out the serious dangers developing in this area, and the need for a reevaluation of our position regarding asbestos-spraying and demolition, C. B. Bumett recommended that a program be undertaken immediately under the direction of fundsack and Jobe to list all asbestos-containing materials used in high-rise construction, and to develop recommendations for their safe use and demolition. Mr. Burnett further recommended that J-M should actively participate ' in every phase of the asbestos-health situation that could adversely affect the use of asbestos or asbestos-containing products. 2. A list of upcoming medical meetings was distributed and discussed. 'In the future, copies of the meeting list will be sent out in advance of the regular Policy Committee meeting so that Committee members can add to the list any meetings of vzliich they are aware, and also notify us whctl they or someone else from the company will be attending. DR. CEORCE VJ, WRIGHT1 1. Dr. Wright reported on the International Symposium on Inhaled Particles and Vapors, held in London Sept. 15-23, and on the meeting of the 7 Subcommittee of Verroanent Commission of the International Association ; on Occupational Health, held in Sardinia* Italy, Sept. 23-27. '*v V Among the findings reported at the London meeting were the following: a) A scientist from Poland reported no asbestosis cases among 2,200 shipyard workers in Inland. b) Dr, Gibbs from Canada reported that he found the concentrations of trace metals in asbestos to be higher in short fibers than in long fibers, and higher in processing mills than in textile plants. c) Dr. Paul Cross reported finding large numbers of free fibers in the lungs of people living in Pittsburgh. His figures ranged from a low of 15,000 to a high of 380,000 fibers par of dried lung tissue. A six-year-old child had 89*G0Q fibers. d) A doctor investigating surface phenomena found that regular asbestos reacts differently from ground-up asbestos, and that chrysotile becomes more active as it heats up, e) A doctor from Czechoslovakia reported that 5 per cent of factory workers exposed to asbestos for more than 10 years showed pleural calcification. A random sampling of relatives of these workers also showed 5 per cent calcification, and 1.2 per cent of people living from 2 to 24 kilometer3 away from the factory studied also showed calcification, The purpose of the Sardinia meeting was to develop a set of recommenda tions for sampling environments. The Subcommittee decided on the membrane -8 collector and the thermal percipitator as the best method. The Subcommittee also attempted to adopt a universal standard for-.stealing X-ray films, and for a diagnosis of asbestosis. These standards were not resolved. Dc. Steve Holmes reported at the meeting he found that electron-microscope sized fibers ran anywhere from 54 to 8,000 times the number of light sized fibers in the same sample, IVAN SABOURIN . 1. Ivan Sabourin reported on a meeting of the International Association for Research on Cancer, which was held in Lyon, Trance. The IARC was formed to take the place of the UICC, which is ceasing operations. F, J. SOLON, JR. FJS/rg TO: POLICY COMHl'JTJ^Ji C. B. Burnett , H. M. Ball-,, Dr, Thomas Davison J. B. Jobe ; K. V, Lindcll A. 13. Merchant F. L. Fund sack Ivan Sabourin F. J. Solon, Jr. W. L. VanUerbeck Dr. G W. Wright CO: W. P. Raines M. M. Swotonic Bert Goss Carl Thompson Jim Callaghan TO: policy cy:::; rT'i':.:Y 'iU or:, r <r r;: *USGAl WWJ I9 V.T. R. G;-:k'!w1'i .* H. M . a 1 3 - D u. T* j ova a r d yv i n on J. D. uolv*' K. V. Lind nl.l A. 13. March ant r. L. Pund^ach ivao Si-bourin A. C. Smith h. J. Solc:\, Jr. . U, L. VnnborJ''.'^1-.*;. Dr. G^ w* v?ric*1yL A ' ') * -i . . ./i W. p.. Parmer M. M.. S./o+ioiv non. Soar Carl 'i'll' 'III | >:r hi j dm c*Vi.l l.atj (loll POLICY COMM ITT W! f 1' [UC UNVir.orMi^TAi, health mask force DBCEMLDR 14, 1970 F .__L_kliP OS AC1C 1- h. L. Pundsack reported on o meeting hold with Dr. Selikoff lo d -i scues vard cmc nzpcctc; of J' a 1 nvol vernen t in the Insulation tnd\\?"Lty Hygiene u^rcur'd. Progra*;r;. Dr. Sel ikorf* agreed with the decision rcs'shod n 1; iko last Policy tVvaaitt meeting th?c Bill Reitzo sho'iid begin withdrawing gradually f y. om t1w " 3.11 re?, &t. a rt ing J avim ai y 3.. uo w ill 1>e avc.il ah J. e to the program two days* a w--ek for the first c/ua j. ter of the year, one day i v.'cek during the second quarter, and after July 1, J970, he will no longer ho avaj.lubln on a regular bas i. s . ^vh t x e ia c.:u irrn 1.1 y \;ork i) iy ^ / i.th Du)'can }To 1 ?ulay on u durt prevent..5 on erne* control work procccures maminl for insn 1 a t ion work c j:o and con trae Lorr:. hi.Hi veciai.cl to the J-M. ?'pcuu'ovc'd study of the biological p f ( c (' { r o 1 jii h c: j o-j <i i I. i <' b v , In'. Si M t o ' I . i< > i >. *M lo su) >n\\ t a v/ritton status report on the program-. j-M has not yet received this report. On January Li, Dr. Solxkoff will hold ci r-emi.nar at noun t Sinai for J M personnel on the p req re s s o I th i s p *co j cv.z t. ) ) 5 At a meeting on December the KatLonal -msu 1 at ion ManurocLi:i:c:i:i: /V:eooi.at ;.on agreed Lo fgonsoi:* a study by ** Dr, Paul Cror-n on the animal inhalati on of * extremely fine.,- glass fiborc. J~K bar agreed to propare the* liber for the study. ruiKbsaoK cornu')}tod l.bal: while oxbreraely Cine fiber o; c.nl-* jn Xx.ry email qu. ,u t: ! ties in eoiuraercial insulation glass, the'*c fibers are the most likely to cau2o cl .lraarr, and j.f pr. 0roks 1 otvdy : 21cwe no prol>1 cm using only ouch extreme] y fine tiboir-:. then wo know there is 1 ittl e to wo rry abon I:, D r . C-o orct e r* l v. .b d > t cowr <> Alr^1 11* u t the ouo o t b: 11 ubo'\t ow all sized 11bejrfj i.G being raised in some medical circle?, and that it won.Id be prudent for iu; to have an answer. Dr, V7r:i.ght also said that, Dr, VsMJ 1 i am Smith of Fairloitjh Dickinson has submitted a propanol to the EOril for a study of an illicit exposure to both asbestos unci fiber glass in the plural cavity, but that the proposal bos been doterrod by the lOPH. Dr. Wright said that ho had asked NIKA if it was interested in co-sponsoring this study with the 10DM. MIMA showed interest, and n full proposal will bo submitted shortly. The s tu d y vouId run 4 ye a r s and cost a total of ? 2 7 0,0 0 0. 4 .. 6. bnndf <ir-l '1 .i r* t :* ih'a leu Jii invriicory of 00 uabenloa pro'-ucL.'-. used in tin: construct ion industry. This listing was prepared to assist j-b in determining1, the possibility of asbestos being nllov'od to escape into the ambient air during denudj t3 an. < * *. J-M has mrdo arrangement:.* with the city of Philadelphia to take cl*.i;t counts a L* L'h reo eh ' mo 1 j i on 3 1 to s j n the city. Counts will to taknn up-v;d ivd <*;nd clown-'-h nd of tho ?ites , r: nd re p u L1 c o r ml a tod v; i th tl 1 g t ypa and ], oc a 11 on of demolition going on. The semples v/ill be analyzed by Vjnth rlr>(*| :',-vn mi ri'.-.i u H- y f i i*e^ demolition site arc scheduled to begin within a few weeks. Lab oral o ry s tud i e s will a 10 o be c o no u c ted on v r-tr i ou s aspect? of demolition, including impact and fracturing, as well as the handl.iny of dcmolj bbed materials. These studies will not begin uni: i.l the fiolb work has been completed, so that more realis tic laboratory conditions can be r.et up. It was agreed that belli rtihl and motion picture documen tation of the various aspects of the field demolition work should be obtained for future use. Dr. My i'')) v coi.: l.'icj Lij.1* p-onily ;.he iVt< ra 1 Cov'-vimc nt is pay:'. ng more attentjon to problems. involved in ucKiol.ition them any other nopcat of th e c:or.inun 11y asbc*t o u-hea]. th orobl (].!. h. C. Smile, eo ted 1.1 l , conin'! i to ceptlon Of bl'iu oilt ton, the materials re: arc hun died v.v ry earn7 uA \y so hiv * rjt to sa.l va-(.'* ''T1 ll ! ' t y damr g*< . I i'h i r j neb \i'. i t t a bu .Lib Jne, ns well ns: the r true turn*1 of vhi.eh arc c ovared, ? .n m nnv ear-re;;, \:i Iw. . .. . < .i . vs..... ill.*-. 1. i --i . ^ ' iti / s < 1 . J f .s ' ' i i ii the pub 1 i. e c o no op t i c n of b cm o 1 i L j o):, v.* ou 1 d r.o v c r 1 >o used on those valuable, en.Lvay<.v.bl c parts. Dr. Wright consented that `lie would veiny this info' utaLion to the Mr.PCA officials who have bren so concr* mod about asbesto;, domo.U l:*i on, end recommend lo them l-hot they lake a closer look at the actual process, before arriving at \m Founded conclusions about tho porc'. iblo public danger. DU. ObORCi? JV t it .1. Dr. Wright reported that he had recently talked to Dr. Marcu Key, head of the Bureau of Occupational ibb'oL:y and IlonJ th (BOSII) , IIBWf v.'ho informed him tnet the BnroMi held settled on a perioral TLV of five fibers per cc for' in-plant conditio The j |,oi ! i. r A*'1 "-5 TLV vij.l Ik. 2--c:11. within tho ncI*. e.1 ir. t o 1*1:c DOS"I Arte. s to:? fUbV couuiii l Loc , of which Or. bright is o member, for confirmation. Dr. Wright r-irjr: Lb a I; ho bol.irvor. that the 5 fiber level, . .,-j --i will Ik icorpl.rvl) by 1Ik. eoimu.i ?: Lee:, v.'i l'li^L'1 '<* possible r ::cc).{.\ - " in . r.c.l jh.N'f . A gono/oA d< c.'.:*r ion lb"i tosh* pi are on v.hnt J-M's reoc k} i'>i*i f*.Ji''?i.1 c l:o to r.eh a fed. i a 1 '11jV. Preson L d-n s*ta ri'.I;l-J:: call tor f;hc v.rc<ir:iikj of- i c.: p Lra 1 orr cnly <0;ovc 12 Uln'i's pn: co. Heenuro i)ie S'up 1. doi* "A l.r? of the PodoraJ J'trJliOf. ;-u r'.ic iK'll or:\''l>"i/'i-o'Im VyAs?j. ( >( :;n1virif f1 of 'n re aCt* ion w do Io r 3rod ui: L1 *J th:: n or l; Vo .1 j oy Commit1: *:e nice L. j no. 2. rrh c pa c in. 3 c omrrt 11: e c r. a t up by PAPCA th ro 11: h the Na l: ion cl Ac a d offly of S c :> 0 n c c: s (1JAS ) t o re c omivto nd pub lie air s t and a rd r* fo3: ar,bo< > u)s i 1 as ar3:ived ate f.1.r* l*. d3:0 J`t. Dr. Wri<j111, who is a member of the commit Lee, reported that t:hc draft is conl.iiu'd rl*. r.irl.dy to Che nerd f'or ;m<l [*e<i: ibil ity o (! control of j ndiu' Lr 1:11 < mi so i onr. the draft contains 110 recommended community air TLV. The draft has been submitted to the Academy of Sciences and will shortly be sent by the NAS to the Notional Academy of Knejineering (t!AE) for their comments. J)r. Wright recommended that if J-M lias any contacts in the 77J ST './{> 1-I-^ < mm J-*,1/-. r S J- ..-ff n*' i i n tlic cl j: : ri (i > u cbo tos d u s L c:o: \ l: ro 1, Punch; uck a<j rood to i oo'k .1. n to this. Dr. Uric.)hi, commented . \ i i" that ho was pi caged by Lhe fa-ct^th a L the JCdVA y.. Mp!,.- on the HAH eo:mn;i t rcos&nw have a much J'' 11:0 jv cc -mp'r 'Ji' -i if ion of Lhe | > 1 :Zb1.t .n than tl 1 oy d :i d when the committee first began it.r wort. They now understand that af.b:-'-.vo;; j.r nth- as huge a. hazard as. they first suspected, Dr. Wr ig h L c?01amon 1:od tha t :Lt ;ls impox tr:n L tl sat the general pub lie to <\:n a 1jout th^ v a lu o or a s 1; e a to r to ou .1: society. lie suggootee iTiigh t c'l'oj c to convince a well-known fccion tic L e.1: eoon.om:i. at to \vrite an artic 1 e on. the subject, which J-3-1 could then quote from or hi.--tribute an the situation demand s. Puridsaek common Led that come writers are already starting to do stories on the economic impact of environmental problems. If. wan ngyccd th at the article v/ould have to he written by someone from outside J4L Colon agreed to discuss the' possibility of smell an article wi th Hill & Know] ton, and cornu*-j'tod that the chisseminal:ion of the article to state and local governments might be a good project for the AIA/NA. Jobe suggested that we loot into the type of information that, exists on the subject to see if we have n story to tell- l. Solon roi: ' iroi.i the minutes of the oocund i:ieol: i.ng of the y-A V' AIA./W/i, v. 13 oh was 110J.d Deccmu):>cr 4 GUQ, . *i Harold 14ON abb. lilxoc'j t :j vo V i 00 )> re s id on L .0 f Co r 1; p in - r. cdel , and Pro? -idcurb of the A*;:.or , ' }-' . oi>t is ^ ' : --.i-y ' rpno.111 tec! M fV:nnor , 1.1 1 efi MrU f ' rtwc; :on i c 0 f ' '''OoJ'-.'m/.'i1 o.f: C. toil:- Li to oil tin- Administrative Sab-Coin of the A T AA7A, (w. p. Raines v.*as elc oced Hoc re Lcry of the on!)- CcTm.it Lee nt the for.'!:ailon mectng, bold. in iiovO'i1bei:. ) Solon waelec Lod V.1 cc Prc. r hi e:v o:: the :* s oc i a I: ia! \. S orne o f i:h r off*.: r buy1 n o i>o onducX. c d cit the mo o t i ng j n c 1 li d e d : a) The Board of Directors approved a J--M sitotecn [ on the si'crgestod .rimct-ioning of t.T>o AdministraLJ.vo S u3 > -Cornm i 11 eo , b) a coiiimii:t< 10 war*. nppoi.j 1L.ci:l to oct qui1olines for addii now members to the Association as well nr; for paying duos after 1971 (J-M will cover the full cost of oporat ;i.one for 1971) . c) A 1 >\ <-' ; con ft i;r-ri(y- l:o minomifn tho formntion of* 1 ho Al/V/NA will Ik* ho Ul so.-iio L: j mk in Jiinn.i i.y in New York. 4) The Association will be incorporated as a non-profit organ .i nation. e) The. Board of Directors agreed that if it can be arranged, it would be beneficial to have the Scienti -o - A<*K i';.vy Cc'^i i uiiol.r Lcri.il u f: Urn jdi'i .'.ovv^ oo an <Y;T' advisory '/board to the AIA/NA. .i Or. Ij'tvi'M: `ight'd to to:.' nrr' <')*- 1%^ matter at , ii*>' l* Scirut i f i o Itv'*'ii j I I r..* n . d.ijjq Sml advice Fofnj'i o! ill-' fv.i tCr*/ . f) A I.A/ft A v: it 11 a cj u r clThe monb c i r coniucn i. r: o f t*hr> be ` 1.0 the )* ai I i t 1: i r . Ji yi * ]' incni 1 hi. mn i 11 n-j r* of nabc.' to d> m; I c V j 0 1 T* ic quo:- L* t on o !* an Y.C OFL l d l; dry I 'O'1 t.U 0:1 ClSbo S* t spr uyj.ny c'; <: ac-:. i 3 c a f. l co ::cA ft a tatc.hi'.on t, p :pr r ed l.v .T- M <' (" \ - ' ! r *i 1 . ?- f-r*..-" i* II / . i(*1 n"l rev i cv;, t i; v/n:; agi tO'd L1 rd 1a j, op i \' r:u : 1 a t i v o fro::i the r. r; f ct.i o:* / s c> alto rid pro- 'lit i non:: try1 a point of v.icv; at l.ho i.ipcnjiii 'i q Id: Vi; rj: City Ivaringr, on Llio. rev i sod Aj. r l/o.1 hub on <;/d \'Vi.oli cat.I?' for a ban yof ru her- f 0 L 'd )*j t. a i o c 1Opr;' / on i p n\n * t:. 11. L. t v r.d v;n:> suggojs tod <V3 a pose; i.dlO roproscT- tat ive. Pundoa' !*. to ri'j * iot* -n l* the A.IV./dA at trio liociri.nq:*:. Uo ctauiv- ni cd blit, \u` \\vi It litc; to bo led on the vaid.ouu aspects of* the a:'.baa ton -non.I tli ab j ot: l*., on a nort of r eh e a rs a 1 1for 1 j. o r.ppo . rim c* o. 2 Copies of: a liut of up con I nq mod:'cal niocL.i.rb;^ were cli^Uui- buted and discussed. - 1o ]i. 11/'/'' \ Dr. Dnvj roe distributee! copier; of reppx L* fi.om n. M. Jacks or a r *' on Dr, 1.. J. J'r Lc tol1 s x-ray r; truly op J^M. employees at local. j. *ur ; i ii pcs: r :i )> \o dusl' u i or . : , > -r . Dr. Bristol cxvuniiu-J I* Limn from o,DGC J-m /-mrlc :\oor: at 1M locations. Jeffrey if i ik' way not included jictmirv Dr. MacDonald j s * s Cvi<*1 : n1 j ori* jJ o \ c or a l Hi<:>. L: 1 or <i f .rci. A3''! o )' 1.ovoe'j , or G por c L o Cliot:o ? !.ud ic-'I, r* io'- < i . j *'lc ni e o " ; >nou)hocon lr v j.s Oil Hv1 j.i f 1 ].ms . An ?* J d il. i m'a] 1, 1 0e , or 13. 3 pcr cent, r ] j owe d Jr: or u 1 i o* ';r cu 1. r p c< w i. $ j one `, a c on d i l: i on wh i eh "cn n qresr> 1 v he j)11*c: i orerf id r.r-* ' jrccur' ' m.' o J. pnc.>' i iio eon i oni.:; cloveIcji > non t , " D r. V.';; jut t: i C per: Lou *11 w*i i. Mr vo view of x-ray:; of employe on j n j-M micro- L* j. bo r p:: oPi\i c: t j. o n showed no dif .ih rencc between those ''"pored Lo nicro- *i.bC3:.v and chore o.rpo:-od to other typcs c, ? r ij.) i our y 1 as:;. KbfO^ACK Pimrlr.iH' r r') ,i*m* l f ff thnl' j)**. il:o' f in pi ;n]ii inq (* o t*u ii fr^u?" oj* fivr i.v;<;-doy rjrnu:so; mound llir country on proper inclust r.i al liycji.cno x^racticos for con l*.rac t.o^r* and union group Dr. SolIkofF nek <?d PundenrJc if J-U was into routed in po rl/i c*i pnt'i r.q. Puncleac*]: aeked Dr. telikoff to provide more detailed information on the program ttr'Vi'v-., ,! i* Solon film.-; n Lhe nov.' CiJ.in onbitlod "T jjiy Anbcr; bor; ? prr'^ur-,(?<^ by Liu: y/^'.-or-ton l nfon'i.' t*.ion Cc5V;:.. tteo Sn -cronL bribinn on 4*"w.' * e . the i:v.! n:. cO > 11 i-oen of o.1-: b< * bo n. :V*A genornl clincnn.'i ion . i of b^o fUm foil fl . , . ev( wono an rood lb had dx'cjmctic , Ipp<:<:1. . ill. v.'J.ni I'fr'i O/j.'.O'Vd Lh.',L tho nW AlA/t:7> should J ooh i' i' * > Mio pvodu c' Jon of mu:!1 n i'.i bu for unO in th i r covin b j. /. I". J. Sr?Jon, Jr. FJS/dm 'll 15 - General Headquarters May 5, 1971 TO: POLICY COMMITTEE J. B. Jobe H. M. C. B, Burnett T. H. Davison, M.D. J. E. Hesse K. V. Lindell A. B. Marchant F. L. Pundsack W. P. Raines 1 Ivan Sabourin F. J. Solon, Jr. A. C. Smith W. L, VanDerbeek G. W, Wright, M.D. fcwn aQisRCToc; tn womrns* coats The attached memorandum from Matt Swetonic to the AIA/NA directors gives the background of the story that many of you probably saw in yesterday's NEW YORK TIMES. From the beginning, it has been evident that the asbestos industry is on the horns of a real dilemma in regard to the use of Italian fiber in cloth imported into this country. We can hardly support a use that is "artificial11 and obviously designed to evade customs duty. On the other hand, v/o cannot be put in the position of agreeing that the few asbestos fibers that might be inhaled by the wearer of one of the coats would constitute a health menace. Hence, our decision to stay out of this even, though the resulting publicity makes us retch. ^ icrto ASBESTOS INFORMATION ASSOCIATION 1635 K Sire*, N.W Washington, D.C. 20006 (202j 223-4685 EXECUTIVE COMMITTEE MEETING Tuesday, September 7, 1976 Stouffer's National Center Hotel Arlington, Virginia The meeting was called to order at 2;05 P.M. at Stouffer's National Center Hotel, Arlington, Virginia, Present were: Thomas A Dougherty George Barge John H. Marsh Dimitry Poutlatlne____________ William C. Thurber_______________ C. Fred Workman R. H. Mereness * Certain-teed Corp.; President, AIA/NA Atlas Asbestos Company Raybestos-Manha11an, Inc. Johns-Manville Corp. Union Carbide Corp. Nicolet, Inc. AIA/NA Executive Director Others: Joseph A. Artabane, Jr., Esq. Adrian C. May, Jr., Esq. Guy G. Gabrielson, Jr. A. K. Fay Richard T. Davis B. J. Pigg Cadwalader, Wickersham & Taft Cadwalader, Wickersham & Taft Nicolet, Inc, Chairman, Asbestos Regulation Task Force Past Paresident, AIA/NA Frank C. Frantz s Co. AIA/NA Administrative Assistan Minutes . On motion, minutes of previous meeting, August 19, 1976, were approved as submitted. ' Financial Report Financial Report for calendar (fiscal} year 1976 as of August 31, 1976 was distributed and reviewed. Mr* Barge pointed out that the total negative variance under accrual accounting system was closing and that end-year projections indicate ex penditures will be within current budget. As o August 31, th* Association had total assets of $93,660; liabilities of $48,780 and net worth of $44,880. Mr. Davis explained that the current Page 2 **\ dues rate for 197S (2.5 mills), approved at the March 26 Board of Directors meeting, had been applied to third and fourth quarter billings. On motion, the financial report was approved as submitted. Mr. Dougherty reintroduced the matter of possible audit of the Association's finances, an item carried over from the June 9, 1976 Executive Committee meeting. Following discussion, it was agreed that the Board of Directors at meeting Sept. 8 should determine whether an audit should be conducted. Revision of Association By-Lavs Mr. Dougherty invited attention to Draft II of Association By-Laws. The draft was forwarded to members by AIA/NA memorandum of August 27* He suggested that time limitations at the Board of Directors and Annual Meetings September 8 precluded detailed discussion and action at that time. He proposed that the Executive Committee conduct a line-by-line review of the Draft and that the Association's counsel incorporate possible changes for a final draft be* fore submission to members, the refined draft to be forwarded as soon as practicable to members by the Executive Director for consideration and formal action at the December Board of Directors meeting. A lengthy discussion followed, with Association counsel noting agreed upon changes. Comments by Counsel on Injunctive Relief Proposed OSHA Standards j Mr. May spoke to the possibility of seeking injunctive relief from OSHA in the event the public hearing for the proposed revision to the asbestos (manufacturing) standard is scheduled separate from a proposed asbestos standard for the construction industry. He stressed economic feasibility as significant basis for such action. Reference was made to the Association's letter dated July 27 to Dr. Morton Corn reiterating primary recommendation of AXA^NA response to OSHA on proposed manufacturing standard that simultaneous consider ation of manufacturing standard and yet to be proposed construction standard be affected.The Executive Director noted no response to the letter had been received. Following discussion, it was agreed that a special meeting of the Executive Committee should be convened to further consider this subject in event formal noti fication is received that an exclusive public hearing on the manufacturing standard is scheduled. Remarks of Executive Director Attention was invited to Association's response dated Sept. 1 to Consumer Product Safety Commission (CPSC) on petition filed July 15 by Katural Resources Defense Council,Inc. and Consumers Union of U.S.A., Inc. to ban patching compounds (taping, speckling and joint sealing) containing asbestos, copy in folders. It was noted that CPSC acknowledged receipt of AXA/tfATs comments on September 3. Appreciation was expressed to Dr. Rhodes, Page 3 Mr. Gabrielson and Mr. Fay for their assistance in develop ment of this response. A report on plans for the Third Annual Industry-Government Conference September 8-9 was given, including logistic arrange ments, attendance information, and estimated income. The Execu tive Director said he had knowledge of one company, Nilfisk of America, Inc., a manufacturer of industrial suction equipment, which planned to display products by use of a hospitality suite. He emphasized that the Association had advised the Nilfisk repre sentative that his activity was not to be construed as an en dorsement by the Association of the products. The Executive Director reported that he had been in contact with Mr. Norman Rhodes regarding retransmittal of TBA supple mental data as had been requested at Executive Committee meeting of August 19. The data has not been received to date but was expected momentarily. (Note: Data was received September 10 and forwarded same date under cover of memorandum to Mr. Gabrielson, Dr. Weill, and Dr. Kotin for review prior to being submitted to OSHA.) On motion, a bill from Dr. Philip E. Enterline in amount of $1,142.00 for services and transportation expenses in support of the Association's Legal/Medical Research Program (literature research pertaining to asbestos and health) was approved for payment. International Asbestos Information Conference Mr. Marsh proposed that discussion of the benefits of AIA/NA membership in the International Asbestos Information Conference be delayed until the October 14 meeting of the Executive Committee following his meeting with IAXC standing committee members on October 12 in London. Mr. Marsh reported on the International Metalworkers Federation World Conference on Health Hazards in Metal Working Industries held in Oslo, Norway, August 16-19, 1976. A significant aspect of the meeting was a resolution calling for 0.1 f/cc per missible limit for exposure to asbestos dust. Mr. Marsh said Dr. Irving J. Selikoff, Chairman of the Federation's Scientific Advisory Committee advised Dr. Klaus Robock that he supported this action in order to prevent a resolution prohibiting the use of asbestos. It was pointed out that the meeting underscored - international concerns regarding asbestos-health issues. Mr. Marsh said he will attend thelAIC October 12 meeting in London as the Association's representative to discuss permanent office location and naming of secretary general for the Standing Committee preliminary to further consideration at the IAIC Con ference in Hamburg November 4-5. Page 4 . Work in Connection with QSHA Asbestos ~ standards ......~ Mr* Gabrielson said there had been no change in status of OSHA's proposed revision to the asbestos standard (manufacturing) since his report at the August 19 meeting of the Executive com mittee. The Inflationary Impact Statement (IIS) prepared by CONSAD Research Corp. is yet to be "certified11 by Department of Labor. Reference was made to Mr. Merenessr comments on re transmittal of TSA's supplemental data. Mr. Gabrielson reiterated that Mr. Norman Rhodes and Dr. Steve Holmes would be available to testify . at public hearing on the proposed standard. He said Mr. Jerry Hebb will also be available to testify in support of the Weston study. * Mr. Gabrielson reviewed his efforts to date regarding possible contractors to perform an independent study of the construction industry in anticipation of OSHA's issuance of a proposed asbestos standard. He said four bids had been received in response to the request for proposal. They ares Contractor ` Phase I Phase II Phase III Total Equitable Environmental Health, Inc. $40,900 Woodbury, N. Y. $60,000 $35,000 $135,v ^ Betz Environmental Engineers, Inc. Plymouth Meeting, PA 46,880 53,780 21,450 122,110 The Franklin-Hahnemann Institute Philadelphia, PA -37,600 Charles T. Main,Inc. Boston, Mass. 30-40,000 26,000 35,800 99,400 90,000 120-130,00( Mr. Gabrielson recommended and it was agreed that no further consideration should be given to bid of Charles T. Main, Znc. since their response did not indicate a level of qualification to perform. He reviewed the strength and weaknesses of the re maining three proposals. A discussion as to possible funding alternatives followed. Mr. Thurber recommended that Mr. Gabrielson be authorised to select one firm from the three remaining consultants and enter into a contract for Phase I of the construction study # \ with an appropriate cancellation clause included in event financial support is not forthcoming. He further proposed funding for Phase I (estimate $50,000) be initially defrayed from the Association's reserve funds and ultimately from primary segments of the industry or, alternatively, by an 18% assessment of 1976 membership dues. Page 5 Funding for phases II and III to be included in the 1977 budget which could be accomplished by maintaining the same dues rate for 1977 as is currently the rate (2.5 mills) for 1976. The proposed 13% assessment for 1976 to be formally acted on by ballot vote which vrill be forwarded to members with requested return date of October 12, 1976. On motion, the recommendation was approved to be presented at Board of Directors meeting September 8. It was pointed out that the funds to support Phase I of the study may be provided as result of a meeting of chief executive officers of a- number of member companies tentatively set for October 7 in New York City (concept approved at August 19 Executive Committee meeting). Solicited contri butions from non-member companies and increased dues from a possible associate member category could also offset study expenses in 1977. Mr. Gabrielson said to date he had not been successful in obtaining an invitation to speak with the directors of the Quebec Asbestos Mining Association as regards the AIA/NA programs and expenses in with PSHft setting. He said the meeting of the Legal/Medical Research Committee in New York City on August 24 was encouraging and considerable work had been accomplished by Special Counsel, Wendell B. Alcorn, Esq. and Dr. Enterline. He stated he had met with Mr. Alcorn and Dr. Weill to review a potential list of expert medical witnesses, it is planned that these individuals would be available to testify as might be required by member companies named as defendants in asbestos-related litigation cases. Mr. Alcorn will discuss this matter with the named individuals at the earliest opportunity. Medical Witnesses could serve two functions: (1) testify as to the actual health of a plantiff, and (2) review the work being accomplished by Dr. ' Enterline, and testify on state of the medical art. Responding to Mr. Thurber, Mr. Gabrielson discussed status of multi-district panel approach to pending federal cases. The Judicial Panel on Multidietrict Litigation has ordered the parties in various asbestos products liability suits to show cause why these suits should not be consolidated for pretrial proceedings. Mr. Gabrielson referred to a memorandum on the subject which had been prepared by Cadvalader, Wickersham & Taft in New York'. The "work product" is available to AIA/NA members upon request from company attorneys. He explained that such memoranda are considered protected from discovery__ He said it_____ was Cadwaladerfs opinion that it would probably be in the industry's best interest to oppose the multi-district procedure and seek separate trials. Mr. Gabrielson stated many insurance carriers including those of mining companies in Canada, had registered opposition to the procedure. Page 6 In regard to "work product*' memoranda, Mr. GabrieIson explained that it is necessary to request each member company of the Association, other than those who have members on the Legal/Medical Research Committee , to designate an associate member of Committee. The matter will be presented at the September 3 Board of Directors meeting. Agenda for Board of Directors and Annual Meeting Agenda were approved as presented. Other Business Mr. Dougherty presented the following schedule for Executive Committee and Board of Directors meetings during the ensuing work year* Executive Committee Board of Directors October 14, 1976 November 11, 1976 December 8, 1976 January 13, 1977 February 10, 1977 March 9, 1977 April 14, 1977 May 12, 1977 June 8, 1977 July 14, 1977 August 18, 1977 September 20, 1977 December 9, 1976 March 10, 1977 June 9, 1977 September 21, 1977 The next regular meeting of the Committee will be held in the Association's office commencing at 9s00 A.M., Thursday, October 14, 1976. Adjournment There being no further business, the meeting was adjourned at 6s35 P.M. a H. 'Mereness Executive Director > September 17, 1976 Johns-Manville Internal Correspondence To: P. Kotin, M'.D. Dale: July 11, 197'J I'rom: E. M. Fenner CopjCS: Subject. LARYNGEAL CANCER - ASBESTOS EXPOSURE BENDIX CORPORATION OF CANADA Mr. James Weber, Manager, Safety and Protection Services for the Bendix Corporation, is a member of the AIA/NA Technical and Monitoring Committees. Mr. Weber is in Denver presently for meetings of these committees. Mr. Weber called me this morning concerning a problem confronting the Bendix plant in Windsor, Ontario, Canada. Their UAW local union has submitted to the Workers' Compensation Board of Canada an extensive document, approximately 150 pages, detailing a claim that five Bendix employees have contracted laryngeal cancer as a result of their exposure to asbestos in the Bendix plant. The compensation board presently is considering the union's submittal and plans to make, within the next two to. three weeks, a decision as to whether or not the diseases are occupationally caused and therefore compen sable. If the compensation board rules in favor of the union request, Bendix plans to contest. The purpose of Mr. Weber's call was to ask for a meeting with you Thursday or Friday of this week to discuss three requests: (1) Would you meet with Mr. James Armstrong, Director, Safety and Protection Services of Bendix, an in- . house attorney from Bendix, an outside lawyer representing Bendix in Canada, and Mr. Weber, to discuss the subject of laryngeal cancer and asbes tos exposure. (2) Would you review a written text that the Bendix Canadian counsel prepares, based on information received during your meeting, for submittal to the Canadian Workers* Compensation Board. J*. Kotin, M.U. / July U, 197 D Page 2 (3) Would you act as an expert witness for Bendix if the cases come to trial. 1 told Mr. Weber that I was sure you would agree to meet with him, but I could not predict your reaction to the three requests. 'i / i E. M. Fenner