Document M49Kkb9Mj3OGyoEa6vnV3RNN7

FILE NAME Manville JMA DATE 1969 DOC JMA024 DOCUMENT DESCRIPTION Meeting Minutes - Asbestos Cement Products Association MINUTES OF THE FIRST ANNUAL MEETING OF THE HEALTH & SAFETY COUNCIL November 21 1969 A meeting of members and guests of the Health & Safety Council of the Asbestos Cement Products Association was held pursuant to notice in the Corporate Meeting Room of JohnsManville Corporation at 22 East 40th Street New York New York at 9:30 A.M. on November 21 1969. The following persons were present J. H. Davies S. D. Weaver S. E. Monoky W. J. Berg Knorr Sweeney Mesler Bien Jr. Beller Esq Ball Esq Porter Dix E. C. Cerny Jr. J. North Jr. J. V. Magee M. M. Swetonic F. W. Ingham R. R. Standel Esq A. H. Fay L. P. Crowell F. H. Zimmerman J. Steiner K. F. Netter K. Schwarz C. P. Kipp F. O. Sanderson J. A. Main P. V. Pelnar M.D. B. Walls Esq Atlantic Asphalt & Asbestos Inc. Cement Asbestos Products Company Certain Products Company The Flintkote Company The Flintkote Company GAF Corporation GAF Corporation GAF Corporation GAF Corporation Manville Corp. Manville Corp. Manville Corp. Manville Corp. Manville Corp. Manville Corp. Manville Corp. Manville Corp. National Gypsum Company National Gypsum Company National Gypsum Company Supradur Manufacturing Corporation Supradur Manufacturing Corporation Supradur Manufacturing Corporation United States Gypsum Company United States Gypsum Company Health & Safety Council Institute of Occupational & Environmental Health Burns & Van Kirk 1. Introduction The meeting was called to order by the Chairman Mr. James A. Main In brief prefatory remarks Mr. Main reminded the meeting of the importance of the problem of airborne contaminants not only to the industry but to the public at large He cited in particular the schedule of Threshold Limit Values of Airborne Contaminants adopted by the American Conference of Governmental Industrial Hygienists Copies of the TLV schedules were distributed among the attendants Mr. Main introduced Mr. Fay the President of the ACPA for introductory remarks After calling the roll of those in attendance Mr. Fay identified the committees appointed by the Council to date Mr. Fay also announced that Atlantic Asphalt & Asbestos Inc. was terminating manufacture of asbestos cement products and that he therefore accepted with great reluctance the resignation of that Company as a member in this Council 2. Annual Report By The Chairman Mr. Main delivered a progress report to the meeting which at the request of members present is reproduced in full and attached to these minutes 3. Product Liability Herbert Morton Ball Vice President and General Counsel of Manville Corporation delivered an address on product liability Mr. Ball discussed potential problems of common law liability facing manufacturers of products that contain asbestos fiber as an ingredient His remarks did not touch upon in house problems which are generally covered by Workmen's Compensation insurance He limited his subject to third party common law product liability He identified third parties as persons who are not employees of asbestos cement manufacturers Mr. Ball further restricted his remarks to damage claims arising from asbestosis He specifically excluded coverage of bronchogenic cancer and mesothelioma He stated that there are essentially four classes of potential asbestosis plaintiffs The first class encompasses people who normally work day to day with products made from asbestos cement and who because of their handling sawing nailing and so forth of these products are exposed to asbestos fibers unavoidably liberated into the atmosphere Such exposure if proper safety and housekeeping procedures are not followed is a more or less continuing one The second class of potential plaintiffs was identified as being composed of called neighborhood plaintiffs These are people who live near a plant or mining facility that emits asbestos fibers into the air on a more or less continuous basis for a lengthy period of time Mr. Ball stressed that should be given to the possibility of such a class of actively litigating in the forseeable future recognition plaintiffs The third class as those who use asbestos without being employed as of potential plaintiffs he identified cement products from time to time time applicators or installers I_M 02 de aals - 3 ae . For example he cited a farmer who occasionally purchases asbestos cement shingles directly from a dealer and installs them himself It was Mr. Ball's opinion that on the basis of present medical knowledge there is no asbestosis risk to such persons The fourth class of potential plaintiffs comprises all persons who are not employees involved in the mining milling and fabricating processes and who do not fall into the first three classes This class is made up of the general public It is the largest class but the risk of exposure appears to be the least Based on the present understanding of asbestosis and its causation it is believed that there is no asbestosis risk to the general public Mr. Ball noted theories have been expounded as to the relationship between asbestos and other diseases such as bronchogenic cancer and mesothelioma He noted that one theory maintains that the inhalation and retention in the body of one single fiber of asbestos may cause mesothelioma thirty years later If this theory were ever substantiated there would be great exposure to party claims from all of the four classes of potential plaintiffs cited Mr. Ball briefly outlined the history of the common law as opposed to statutory law there are two principal concepts At common recognized law he advised as being of im- portance for his and implied and emerging concept subject These concepts are warranty express negligence He noted also that there is an in common law of strict liability in tort of manufacturers for defects in their products He also cautioned the possible development of a concept of absolute liability Mr. Ball noted that the law of warranties is an aspect of the law of contract whereas the concepts of negligence and strict liability are aspects of the law known as tort In cases involving warranties and negligence the courts have broadened their approaches over the years so that anyone even a bystander not a contemplated user of a product has the standing to sue the manufacturer the product for injuries sustained as a result of the manufacturer's negligence in the production of the product He stated that production includes the packaging and the failure to warn of hazards which were known or should have been known to the manufacturer He stated that our present laws are on the verge of going even further to the point of imposing strict manufacturers liability without regard to negligence for the benefit of all parties who could reasonably be contemplated by the manufacturer as potential end users of its products Some advocate extending this approach to include unforseen victims -- those persons not contemplated as users by the manufacturer . Addressing himself to the law of warranty Mr. Ball explained that this law is founded upon contract law much of which is now codified in the Uniform Commercial Code One warranty that the law implies is that a manufacturer or merchant fan re 100 0592 -4 - who sells his product makes a warranty that his products are merchantable unless he clearly expresses otherwise Merchantable means that the products are not defective defective products are among other things safe and harmful Mr. Ball explained that the protection of warranties such as merchantability is being extended to parties beyond the immediate purchasers of the products Thus persons who never purchased the products but who worked for parties who bought the products from the manufacturers or from other persons in the chain of distribution will increasingly be afforded the protection of these warranties By way of illustration Mr. Ball described recent thirdparty common law actions brought against manufacturers of industrial insulation products He noted that in these recent cases the plaintiff was one who worked from day to day continuously with industrial insulation products Mr. Ball stated that risks peculiar to insulation applicators may not at all approach the risks to which users of asbestos cement products are exposed The medical and scientific facts establishing the degree of difference of risk are not precisely known Be that as it may the legal problems involved in a party common law suit brought by a user of asbestos cement products would be the same as one brought by the user of industrial insulation products In one case involving industrial insulation ten industrial insulation manufacturers were sued for a half million dollars general damages and exemplary damages of a half million dollars The plaintiff had worked as an insulation worker for 27 years His complaint alleged 1 The defendants knew or in the exercise of reasonable or ordinary care ought to have known that the products that they manufactured were dangerous to his health and defendants negligently failed to take any reasonable precautions care to warn the plaintiff to which he was exposed to or exercise reasonable of the damage and harm handling the defendants respective products 2 Defendants failed to warn the plaintiff as to what would be safe and sufficient wearing apparel and proper protective equipment and appliances to protect him from being poisoned and disabled 3 Defendants failed to place any warnings on the con- tainers of the insulation 4 Defendants knew or should have known that plaintiff would not know the dangerous characteristics of these products REDACTED REDACTED REDACTED REDACTED M 09 5 5 Defendants knew or should have known that their products were not suitable for the purpose for which they were intended 6 Defendants should have tested their products 7 That the products were warranted either expressly or impliedly to be merchantable In asking for one half million dollars exemplary damages the plaintiff claimed that the defendants were consciously indifferent and had utter disregard for plaintiff's welfare and therefore should be punished by the awarding of exemplary damages Mr. Ball stated that this is the type of complaint which relies upon both negligence expect such suits if with asbestos cement and breach of warranty Manufacturers can it turns out that people who normally work products can contract asbestosis as a result of working with such products Mr. Ball recommended that to minimize these risks to manufacturers the following things should be done First a warning should be placed upon the packaging of all products that are presently suspect The warning should state that there may be a health hazard and that proper precautionary procedures such as the wearing of respirators should be followed The warning should be limited to the dangers inherent in the dayday handling and installing of the products Such warning should negate any implication that the products in themselves once installed are dangerous in this regard Mr. Ball stated that carefully worded pamphlets should be prepared describing the safest operating and housekeeping procedures known These pamphlets should be distributed to con- tractors and to the unions for distribution to the workers Although such pamphlets may create certain practical problems it is Mr. Ball's opinion that the long term protection to be realized from distributing such pamphlets is worth the short term cost Mr. Ball felt that these two suggestions concern the people in the first category of potential plaintiffs With respect to the second class of potential plaintiffs the neighborhood plaintiffs the important thing is to devise control methods that will stop the emitting of asbestos dust and fibers into the atmosphere if in fact they are so emitted for are the and Mr. Ball also recommended that adequate money be advanced appropriate research to determine what the true risks to eliminate these risks Mr. Ball concluded by stating We must all recognize that if we are going to remain in business there is no easy way out legally or otherwise A fully coordinated and con- certed maximum effort on the part of all is necessa . REDACTEDREDACTED REDACTED REDACTED REDACTEDREDACTED REDACTED REDACTED REDACTED - 83 83 83 83 83 83 83 83 0008 11511050 -6 - 4. Health and Safety Dr. P. V. Pelnar Scientific Secretary of the Institute of Occupational and Environmental Health located in Montreal addressed the meeting on the work and studies being conducted by the Institute Dr. Pelnar defined in detail the differences between asbestosis bronchogenic cancer and mesothelioma He explained how the human body reacts to the inhalation of parti- culate matter He noted that if foreign bodies in the lungs phagocytes are not expelled by coughing they are usually attacked by scavenger cells which surround such particles and try to break them down by their enzymes Inorganic matter like silica or asbestos fibers of less than five microns in diameter can become lodged in the tiny air sacs alveoli in the lungs where the action of the scavenger cells fails to break these particles resulting of excess down Extensive damage can be caused ultimately in a thickening of the alveolar walls in production connective tissue which obliterates and replaces the air sacs and the terminal air passages i.e. condition called asbestosis pulmonary fibrosis Fibers remain in the pulmonary tissue either unchanged or surrounded by a sheath containing protein and iron thus forming what is called an asbestos body or better a ferruginous body The excess of connective tissue also appears on the pleura and causes its thickening Sometimes it is irregular and is called pleural plaques Asbestosis has been known over sixty years Later in the 1930's it was found that bronchogenic pulmonary cancer was more frequent in people with asbestosis than in population at large and there are indices that it is also more frequent in people who had a severe asbestos exposure but do not have asbestosis New studies have shown that additional factors acting with asbestos are important in development of bronchogenic cancer such as tracemetals benzopyrene adsorbed on the fiber or smoking cigarettes Asbestos appears to be a carcinogen possibly only a carrier for other carcinogens Mesothelioma is a rare malignant tumor of the linings of body cavities such as pleura and peritoneum Unusual accumu- lation of cases of this tumor was discovered in the area of crocidolite mines in North Cape Province in South Africa around 1955 and more cases are being found since in Britain U.S.A. and elsewhere and are being linked also with exposure to other kinds of asbestos Again some yet unknown additional factor acting with asbestos is necessary to explain the fact that there have been no cases of mesothelioma in identical exposures in crocido- lite mines in Transvaal or in anthophyllite mines in Finland and that there are only very few cases in asbestos industry in France or in chrysotile mines in Canada Since both the bronchogenic cancer and mesothelioma develop over a very long period of time up to 40 years the tumors occurring presently are being attributed to REDACTED REDACTED REDACTED 000 9800 7 existing many years ago Since production and consumption of asbestos rapidly increased over the last decades voices are heard that an epidemic of tumors is bound to occur in the future This fear is usually supported by evidence that in many cities the ferruginous bodies were found at autopsy in most examined lungs of people who had no known occupational contact with asbestos in their lives This is interpreted as showing that public at large inhale asbestos and therefore are at risk of malignant tumors But is it asbestos that is found in the lungs Forty different kinds of fibers organic and organic were found to be airborne in city atmosphere and a number of various fibrous materials were shown to produce ferruginous bodies in experi- mental animals If it is asbestos is its inhalation connected with industrial use of asbestos Cosmetic talc was shown to contain on the average 20 fibers in the U.S.A. The consumption of talc exceeded consumption of asbestos in the U.S.A. in 1968 Some suspected sources of airborne asbestos in cities were shown to be negligible e.g. wearing of brake linings but it seems likely that some fibers are being inhaled Prevention of damage to health much depends on whether in the case of asbestos there is the response relationship If there is no such relationship and one single fiber in the lung can trigger development of asbestosis or cancer then prevention would be virtually impossible In asbestosis it has been firmly established that the higher the exposure the more cases and the more severe cases occur and the lower the exposure the less cases are found A level of exposure must exist under which no cases develop because many exposed workers remain free of the disease for their lives Exactly establishing this level is difficult because the level of exposure measured today may cause the disease 15-20 years later and for the present disease levels of exposure are responsible which existed 15-20 years ago and often are not well documented Tentatively a Threshold Limit Value was used derived from the asbestos textile industry and a modified TLV is being suggested now in the U.S.A. But more well controlled studies are necessary to better establish safe limits in other uses of asbestos and one such extensive study in mining chrysotile is under way in Canada and another has just begun in asbestoscement manufacturing in New Orleans Kogan in U.S.S.R. believes that a less strict limit may apply to asbestos dust because its biological activity is lower than in asbestos alone mainly because surface properties of the asbestos crystals are changed by adsorbed cement ONE 8 O Some safe limit also exists from the point of view of development of bronchogenic cancer it was shown in England and again in Quebec that excess in incidence of this cancer was only seen in people with high exposure The exact level which is still safe is very difficult to establish because of the long period of time over which cancer develops Establishing a safe limit from the point of view of mesothelioma is yet more difficult because this tumor is very rare for statistical evaluation and its development is yet much longer than in bronchogenic cancer But reasons to believe that only more severe also here exposures there are lead to this tumor A majority up to 80 of cases sufficiently investigated showed an occupational exposure which might have been substantial mainly but not exclusively to crocidolite Experience in industrial conditions indicates that tolerance to low exposure exists Much lower exposures still as indicated by only few ferruginous bodies in the lung found in city dwellers not occupationally exposed to asbestos do not warrant any panic Yet links between asbestos and mesothelioma are not clearly understood and it is appropriate to be concerned about it In summary protection against asbestotic pulmonary fibrosis appears to be possible by technical means of suppression of dustiness under the TLV This task seems to be less difficult in asbestos industry than in other asbestos exposures The connection of bronchogenic cancer and of mesothelioma with exposure to asbestos is much less clear and the kind of asbestos and undetermined additional factors play a role But whatever the final cause low asbestos exposures clearly can be tolerated without development of tumors How low the exposure must be to be safe and what factors also must be removed changed or present is yet to be investigated studies are necessary but the outlook of protection of both the asbestos workers and the public at large is hopeful Following a period of general questions and discussion the meeting was adjourned at 12:40 P.M. Respectfully submitted Bradley Bradley Witalls Bradley Walls November 21 1969 ANNUAL REPORT by James A. Main HEALTH & SAFETY COUNCIL The asbestos cement industry is the largest single user of asbestos fiber using about 25 percent of all asbestos fiber consumed in the United States each year On a quantita- tive basis this represents a considerable potential health exposure if in fact there is a relationship between asbestos fiber use and health At the outset it can be said that there is no evidence of a public health hazard to the users of asbestos cement products It cannot be as readily said of the workers manufacturing the product or the handlers fabricators or installers of the product if the work is carried on in an environment of high concentration of asbestos dust The industry has long known and has taken steps to protect the worker from asbestosis a fibrosis of the lungs that develops in some workers exposed to excessive doses of asbestos dust over long periods of time Recently industry has been made aware that lung cancer and mesothelioma may be related to exposure to asbestos Until more complete knowledge is available as to the extent of the relation- ship industry is charged with to become aware of the problem this end your industry formed a moral and legal responsibility and take appropriate action To the Health & Safety Council with the following stated purpose The Council shall initiate develop and direct studies and public relations programs designed lawfully to promote and foster health and safety policies and programs the asbestos cement industry as will tend for a To appraise and resolve any health and safety programs peculiar to the asbestos cement industry for manufacturers of asbestos cement products and b To assist fabricators and users of cement products in any health and programs and asbestos safety c To cooperate with other groups governmental or private studying and reporting on all health and safety problems to the asbestos cement industry The Council comprises all manufacturers of asbestos cement products in the United States It has been in existence one year It has held four quarterly meetings 007_0805 007_0805 07_085 007_0800 7_50805 In light of all the recent publicity of facts and fancies on the effects of asbestos on health the Council felt purchasers its first duty was to tell its customers - the , users handlers fabricators and applicators what is known to date about the safe handling of the product If this were done in the right way it would be a recognition of industry's moral responsibility If it were not done it might adversely affect the industry's legal position in the event of suit by any one claiming to be injured his association with asbestos cement products The industry in Great Britain has recognized this responsibility and has published recommended codes of practice for the safe use of its products The National Insulation Manufacturers Association has published recommended health and safety practices in its field Your Council appointed a committee to draft recommended practices for the asbestos cement industry and to advise the Council on the distribution of the booklet Cliff Sheckler the Chairman of this committee and his fellow members Frank Zimmerman Harry Mesler and Burt Alpine have done a very thoughtful and thorough job of preparing this booklet and deserve our special appreciation for the results to date The committee is presently struggling with the problem of whether one booklet can be all inclusive cautioning such diverse groups as fabricators machining asbestos cement products in confined unventilated spaces and applicators of shingle units on the outside of a building without arousing unnecessary fears When Cliff returns from his European trip he is planning a meeting of his committee early next month to finalize recommendations for presentation to the next Council meeting Recognizing that large quantities of asbestos fiber are the the being processed every day through asbestos cement plants In Plant working environment is of extreme interest to Council Although industry has long been conscious of its responsibility in this area it was felt an date exchange of experience as related to asbestos dust problems would be a desirable Council undertaking An environmental control committee was set up under the capable chairmanship of Frank Zimmerman It was the intention to have each company repre- sented on this committee If you have not designated a member or if you have any changes to make in your representation on this committee will you please notify Frank Zimmerman During the past year this committee spent a day at the Manville Research Center and manufacturing plants at Manville New Jersey The visit included a trip through the textile plant the asbestos cement pipe plant and the asbestos cement shingle and board plant The meeting included a review of the basic research and engineer- . ing of the environment by Ed Fenner and Sid Spiel and was followed by a detailed inspection of safety steps taken and engineered in the plants There was also a discussion with medical men REDACTED REDACTED REDACTED M 83 tap ta Kho tea s ~ = During the year a third committee was appointed and charged with exchanging information and keeping the Council informed on legislation and litigation that might affect the industry This committee is liability insurance oriented Paul Kipp is gathering of the asbestos the Chairman He has taken steps to assure the current information on the liability aspects of problem I am sure we will hear a lot more from this committee in the forthcoming year During the past year the following information was disseminated to the members by the Council a b Dust sampling and counting methods - as employed by the Dust Engineer of the Q.A.M.A. Insulating hygiene progress reports Insulation Industry Research Program Sinai School of Medicine from at Mt. c d Four recommended codes of practice by the Asbestos Research Council as published Measurement of airborne dust by the membrane filter method e Amendment to the Healey Act setting safety and health standards adopted by the Department of Labor and applying to all firms having Government procurement contracts of 10,000 in value The Threshold Limit Value TLV for asbestos is set at two million particles per cubic foot or twelve fibers of over five microns in length per milliliter Also during the year your Council went on record in opposition to H.R. 2503 a Bill introduced in January to promote the safety of workers engaged in making asbestos products for shipment in of the Bill commerce The many were pointed out to deficiencies and inconsistencies the Department of Commerce So far it appears the Bill will die in Committee Dr. Paul Gross and others at Industrial Hygiene Founda- tion in Pittsburgh have done extensive work on fibrous dusts particularly asbestos To keep abreast of this work and to obtain their date knowledge on all research engineering and legislative aspects of the industrial health problem your Council became an Associate Member of IHF at the nominal cost of 100 per year and are now receiving the monthly bulletins and other data It is planned to hold the next meeting of the Council at the Institute headquarters at Carnegie University Pittsburgh Wicd fen! 4- From what we have learned to date we can begin to make certain assumptions for guidance in the future a That the use of asbestos cement products in which the fibers are locked in exposes the public to no health problem b That there may be is long exposure a health problem where there to asbestos cement dust c That the health problem is lends itself to control dose related and d e That some individuals are hypersusceptible to asbestos dust and should avoid excessive exposure That malignancies directly related to asbestos exposure are rare f That smoking and exposure to heavy tions of asbestos dust over long compounds the health risk concentra- periods Working on these assumptions until they are proved or disproved by further research how should this Council direct its efforts in the future 1. Let us first tell the public that they are in no danger and the handlers applicators and fabricators are in no danger if they follow the recommended practices covered in the Sheckler committee booklet 2. Let us make sure our own plants are in order by considering employment examinations medical histories smoking habits chest ray lung function tests etc. Also periodic examinations transfer of hypersusceptible and diseased employees to less exposed areas Get date on dust counts and adopt simple methods Engineer to clean up danger areas such as the unloading of box cars dumping of bags machining of finished products etc. We should be alert to good housekeeping use of respirators in danger areas Waste disposal methods should be such as to protect the outside environment from contamination REDACTED REDACTED REDACTED REDACTED M REDACTED REDACTED 83 83 5 - 3. Let us work in cooperation with the administrative agencies and their advisers to assure that TLV standards in any occupational health and safety act are sound and workable That any such act is properly administered and that there is adequate resort to due process before penalties are invoked In concluding my report for the year I would like to tell you how much I have enjoyed working with you and how deeply I appreciate your support and cooperation I particularly want to thank Al Fay the President of ACPA for his help and encouragement and the committee chairmen - Cliff Sheckler Frank Zimmerman and Paul Kipp without whose help nothing would have been accomplished We are also indebted to our Treasurer Ed Cerny for keeping us solvent and to Brad Walls for keeping us safe Thank you J. A. Main Chairman M 83 M M 83