Document LpwKB6pLOLD6gQq0peqBnD0YX

- 0H" ;'" . . 22 East 40th Street New York. N. Y. '00'6 (212). ~ :::: - ~~, '111Ci' July 12, 1972 ..,<r-- -=- TO: AIA/NA BEl1BER COHPANIES AIA/NA ENVIRON~NTAL CONTROL SUB-COMMITT~ --. -------.-- AIA/NA LEGAL COUNSEL ." J~es Armstrong Bendix CorPoration E. C. Bratt - H. K: Porter Company, Inc. G. G. Gabrielson, Jr. Nicolet Industries, Inc.--- Bernard Gross J. Hall American Bilt Ri.te RubberCom~~: GAF Corporation" --~ , ---= H:-M-;-Jackson~~-Johns-Manvi~le CcirpOra~~..:C.iL.&. <n~ w. N. Johnson --Union Carbide Corporation _ A. R. Hooker - The Flintkote Company C. A. Neumann - Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company Clifford Seymour - The Carborund~ Company ---- -'J-;- R'.--seee-son--- - Congoleum Indus-tries, Inc. Philip Weinstein - Evertex Incorporated .-.. G. ~. Wright, M.D. - st. Luke's Hospital Gentle.-nen: Inadvertently, the list of non~locked-in asbestos co~taininq products which was to-have been attached to ocr July 5 maiJ:inqwas not included. Attached, therefore,- is the _ ~-. list as originally promised. . It has come to our attention that a number of compa~ies still have -questions concerning whether certain asbestos- ~containing products which they manufacture should or should not be labeled. The standard is rather indefinitein'~hat_ it calls for \o!arninglables on products \o:hich"during any --- reasonably foreseeable use" may create airborne concentraticns of asbestos in excess of prescribed limits. The OccupationaL Safety "and Health Act itsel! states that II any standard promulgated shall prescribe the use of labels or oth;r~ appropria~e_ fores of warning as are necessa=y to insure tha~ employees are apprised of all haza=cs to which they are --- exposed, =elevant symptoms and appropriate e~ergency trea~~ents, and proper conditions and precautions of safe~-- usa or expo suxe ,II Quite obviously, the rather sim?le ~ PLAINTIFF'S i EXHIBIT IWJV-~ PLAINTIFF'S I EXHIBIT 31 1/'oL/. ro I'l 4 . 4o _ .. _ _. _.... -2- ..... .";" .-.. warn1h~ IabeIErescrlbedL~;-the regulations does not meet aU":oLthe'cri teria described in the Law , which only adds ~~o-cc!:~a 2;,ob~em. ~- Each co~?any will have to decide for itself whether a particular product requires a label or not. Obviously, there should be uniformity on this subject, because if one co~pany decides to label a certain product, and another co~any decides not to label the same product, the latter company whould be placed in a most untenable position ~ith OSHA. It is our llnder~t~~din; tnat OSHA is pl~"'1ninqto use the list of non-lacked-in products submit~ed by Dr. Fred Pundsack of J-M at the Marcn hearing as its labe~inq criteria. If this list is followed,. difficu~tias with OSHA should be few Ne_ver'"~e~ess~-t~here are -always products which dt:not fit- ,any ~ls~,or wnich may produce levels in excess of the . standard at one step in the application or handling process. For example, the field. cutting or trimming of asbestos-cement pipe Qight produce levels in excess of the standard, but only for the man doing the actual cuttinq and only very intermittently or rarely. Thus, to place a warning label on asbestcs-cement pipe would be quite misleading in' that _i.t- would alax:m all, those handling the product, when on~y one man has a potential excess exposure Our recou~encations to you on labeling would thus be as follows: 1.. If the product is included on the list of nonlocked-in products, it should be labeled. 2. If a croduct is not included on the li~t of non-locKed-in prOdUcts but you consider it to be a.border line case, or if the product ~as an occasional handling or fabrication proble~, the following options are open: a. Label it and be on the safe side. b. Do not label it and hoce OSHA doesn't question your decision: c. Conduct tests to deter~ine if the use of the product does indeed produce levels in excess of the standard. Chances are that ... -More- -'".=.''.. .. .I' ". -...... --3- most product uses of this type will meet the eight houz T~';Astandard of five fibers, andrthat most problems will be in meeting the ten fiber ceiling standard. If tests determine that r.either standard is exceeded, the product obviously need not be labeled. The test results should be kent in readiness in case an OSHA 'inspector questions your decision. Ji d;;- If the'e:lghthco:rtima weighted average is above five fibers per cc, then theproduc: should be labeled. e. If the ceiling value is above ten fibers per cc, which is"the more like~y of- the two---- ==possibilities, ~,en the use of the product- ~hould ~x~ined to ~etar.mine (1) tew f~ above ten fibers per cc is the ceiling value, (2) does this particular work practice or use of the product occur frequently, ih~ermittently, or only rarely, (3) .can the product be applied, cut, trimmed, etc. in another fashion such that the ceiling level does not exceed ten fibers per cc. After these questions have been answered, it will be up to the individual company involved to weigh each answer carefully and to arrive at a decision based on the simple proposition: Does this produc~ or its use place the health of-workmen in-jeopardy~Obviously, if the . L answer is.."yes, n the product_should-be labeled. If, on the other hand, you honestly believe that the ans,:e= is "No ~..then yet: should net feel constrained to label the product, nevertheless you must be pre~ared to defend your position with OSHA should they question it. There are a number of ways that you can place your company in a better defensive position should OSHA challenge your decision not to label a particular product. The basic idea would be for you te alert the ourchasers of this particular product that one or rr.ore operutions in the handling, application, cutting, etc. of the product reight produce l~vels in excess of the standard and that 1 -More- 1~. _ ":.i~ , r> -4- \ 'precautions should be taken. This could -bedone through personal contact between indus~ salesmen and custcr:ers, or in -the form of an ... instruction sheet delivered with the order that might specif~t certain woz k practices---::or:.-~- types of machinery that shouJ.cibe used to _ keep. dust levels. low. The instruction sheet, for example, might say nothing more than"Powered bench saws without collectors should~ not be used in .cutting this product. It:1ils--:- is impractable, operate: sh~uld~be proviaea~ with a u.s. Bureau of ~~nes'apprcved respir~tcr. An approach of this type, or- one somewhat-=.-. -_. similar, question would indicate to arise, good faith OSHA, should on-.~ar-part_ th-a~=.~? wi th regard to t;he coordination-of illdustry~iabelinq practices, if your company has decided to label a product not included on the attached non-locked-in list,. I would appreciate being notified of this decision and the rationale behL~d it as SOOD as possible, so that a unifor.m position can be established wi thother companies in the industry manufacturing the same product. - .". If you have any questions or problems with regard to labeling, please feel free to contact us at any time. I wou~d not acvise yo~r asking osa~ for a decision on whether or not to label a certain product. Almost_~?-ssuredly they will t~lL.y~- to label a.?1.y' border line product, and that decision will-c-c ~ -- . beccme binding for the rest of. thaindustry-as-we1.: ---=---:-==-~-_.- j Very t--uly yours, //r~;- .. Matthe~ x. Swetonic Exec~tive Secretary Enclosu=e ... ...-.-.. '.' NON-LOCJ:EO-IN ASBESTOS-CONTAINING PRODUCTS REQUI?~ A NAR!~ING LABEL ~--------' -- -------- ACOUSTICnL PRODUCTS r Dry spray type Foamed asbestos CALCIU!-1-SILICATE SHEETS .Low density sheets (less than SOI/:tJ.t-- .... -- ..---.~- Dry Gyps~m joint cements Insulatinq cements - -- INSULATIONS-- --- ---- ~ ... ---.._----- --- ~ Low density calcium silicate binders Corrugated paper Low density magnesia binders High temperature blocks & bricks PAPERS & FELTS .-.. Comcercial grades (unsaturated) Roofing felts (unsaturated) Gasl~ets (unsaturated or not encapsu~ated) Millboards (unsaturated or uncoated) STUCCO &P~~STER Dry mixc~~ent stucco Dry mix decorative plaster --~--'-:::;: -- , TEXT!L~S <unsaturated or uncoated) Braided products Cloth Listing ":icks Yarn ASBES~OS FrEER BAGS ~--~-- ---_-. , ...