Document N8yQVoYrNxMn7wN70NB7Gqqb

ASBESTOS TEXTILE INSTITUTE " General Meeting June 7, 1973 Iley Bridge Marriott, Arlington, Virginia In Attendance A21ATEX CORPORATION W. Maaskant M. J. Scanlon H. H. Walter GARLOCK INC. S, G. Dixit A. Kuzmuk JOUNS-MAHVILLE CORPORATION C. G. Guerin T. P, Jackson J. P. Power (C.J-M) W. B. Reitze K. C. Streib NICOLE? INDUSTRIES, INC. E. W. P.ussell J. F.. Whittaker K. K. POSTER COMPA?TY, E. C. Bratt D. E. Childers J. W. Echerd L. E. Moody INC. PAYEESTOG-MANHATTAN, I!C. H. M. Brooks J. W. Frampton, Jr. J. W. Hav/kins R. T. Matthew !I. Q. Sccv/croft I. II. Weaver UNIROYAL, INC. W. D. Rittincer B. E. Carden L. F. Dieringer E. A. Morris ASBESTOS CORPORATION LTD. P. E. Leclerc BELL ASBESTOS MINES LTD. ' N. H. Smith LAEE ASBESTOS OF OUEEEC LTD. E. A. Farrell R. Lcfebvre C. E. Stiefkcn (Asarco? MANUFACTURAS 2IULTIPLES S.A. R. Arnal Olivo t* *:' r-L \**W CADHALADER, WICRF.BSHAM & TAFT l`:'r E. J. Leff AMERICAN SOCIETY FOR TESTING AND MATERXALS P. 0. Hi cud emus ASBESTOS TEXTILE INSTITUTE D. M. Fagan, Executive Secretary GUESTS OF THE A.T.I. Asberit S.A. Marchello Cattaneo Adorno j- Asbestos Information Association/ j North America ) Matthew m. Tvetonic Industrial Safety Equipment Association Charles N. Funv/alt, Tr. U.S. Bureau of Mines Robert A. Clifton Total attendance during the two-day nesting was >13 people, including 10 women and 33 non - representing 13 companies or associations. Pago 2 ATI General Meeting C/7/73 HIBBTES 1. The General Meeting of the Asbestos Textile Institute x;as called to order by President Q. Ccowcroft at IsOO P..M., June 7, 1973. 2. President Scovcroft welcomed the members and guests in atten dance and introduced four guests? namely/ Matthew M. Swetonic, Executive Secretary/ Asbestos Information Associataon/Porth America; 7'archollo Cattaneo Adorno/ Asbsrit E.A.; Robert A. Clifton/ Division of Ponnetallic Minerals, U.S. Bureau of ;tines; and Charles K. Sumx.*alt/ Jr., Secretary/Treasurer, Industrial Safety Fquipment Association, and nenber of its Safety Hearing Apparel Product Group. 3. 'Follox^ing past tradition. President Scox?crot asked each member in attendance to rise and state his name and company affiliation. 4. President Scowcroft called for the reading of the minutes of the last stated General Meeting. It x;as moved hy A. Ruzmuk, seconded by T. P. Jackson, and so carried, to dispense with the reading of same. . - - 5. Treasurer E. A. Morris presented the Report of Funds of the Institute as of April 30, 1973. C. F. Stiofken novod the report he accepted.' The notion was seconded by S. G. Dixit and so voted, unanimously. A copy of the full Report is attached to these Minutes. C. In the absence of H. B. Alcorn, the Legal Counsel 'address as given hy Eugene J. Luff of Cadunladcir, tfickershan. G Taft. The full text of his report is attached hereto. Mr. Leff discussed tx/o cases -- one concerned with the illegal division of the market, and the other noting a connection between anti-trust violations and the private exercise of governmental power. 7. 1-7. H. Smith, Technical & Sales .Representative, Sell Asbestos Hines Ltd., delivered the Fibre Producers' Report (see attached). Mr. Smith stated that crudes and ultra-long spinning fibers continue^ to be in short supply but medium and short spinning fibers from Grades 3F to 37. are in fair supply from nost producers. Vo shortage in those grades is foreseen for the remainder of this year and a change in the situation is not indicated, at the pras*'nt tiro, for 1574. 3. Pursuant to calling for Committee Reports hy the resoactivo Chairmen, President Scowcroft auvised that C. G. Guerin had replaced I. Barnett on the ATI Technical Committee. 3. The following reports of ATI activities at the Committee level ''ere presented by the respective Chairman to the general nor!-ership. A copy of each .Report is attached hereto, !..* race 3 ATI -General fleeting P/7/73 Air. Hygiene A Manufacturing - E. E. Carden, Chairman; Asbestos Advisory - E. U. Russell/ Chairman; Technical - J. Y. Zchord, Chairman; _ _ Fiber Research & Testing - C. 2. Stiefkcn, Chairman; Environmental Health - L. F. Dierir.ger, Chairman. 10. It was related by President Scowcraft that recent technological breakthroughs in basic yam production techniques have influenced the- Institute to seek wider representation in its membership. It was reported that as a result/ the ATI lf-oard of Governors had approved a change in the Constitution and By-Lavs of the Institute involving Associate Membership requirements. Article III, Para graph 2(c) of the Constitution has been revised as follows: "those weavers of asbestos-containing fabrics and tapes, for resale as such, who do not manufacture the asbestos-containing yarns used in same, shall be eligible for Associate Membership in this Institute." 11. President Ecovcroft referred to the net; identification cards that had beer, giver, to each member in attendance, ashing that they he returned to the Executive Secretary for use at future meetings. 12. As stated by President Ccovcroft, there scons to be some diffi- . culty with the postal process in that some reservation cards are'"hot arriving at ATI headquarters. In an endeavor to avoid undue problems at future, meetings, it was advised that each member who makes a reservation with the Executive Svicrutary x^ould receive a brief acknowledgment within approximately ten days' tine. If same does not arrive in due course, it would, be well to so advise the Cccro tary. 13. The next General Meeting of the sbesfcos Textile Institute will be held October 3-5, 1973 Wycieaeru Harbor Club, Marwichport, Massachusetts Guest Speaker will be Dr. J. Corbett UcEonald, Epidemiologist, McGill University, and 'todical Adviser to the Quebec Asbestos Ilin ing Association. 14. President Scowcroft advised that every effort is being made to oblige the .wishes of the memberchip- at- large, by scheduling, 'thenover possible, future General Meetings of the Institute so that they end on Fridays, beginning in lr>7*l, future meetings will be: February 7-0, 1274, at the Mills 7!yntt House, Charleston, Gonth Carolina; June 6-7, 1974, at Twin Eridgcs Marriott, Mashington, P.C.; September 25-27, 197`i, at The Clcvoter, Eca Island, Georgia; February 6-7, 1975, at holiday Inn-Independence 'Tail, Philadelphia, Pennsylvania. Tentative future meeting sites include Ponte Vadrn Club, Fonte Vedra Reach, Florida, in October 1375 and the Marriott in Hew Orleans, Louisiana, in February 197'. 15. Rcfar introducing .he Guest Gpoakor, President Gcovcroft roferred to five booklets that were distributed prior to calling the Pago 4 ATI General Meeting 6/7/73 meeting to order. Just off the press, the booklets were publishnd by the AIA/UA and are entitled: The Asbestos Information Ascocintion/Narth America, what Asbestos Is--How And '..'here It Is Used, Asbestos And Health, Questions and Answers--Asbestos And Health, and Protecting The Asbestos Horker. .tingle copies of the booklets arc available from the AIA/TTA, 22 .Hast 40th street, "w Mar.1:, Haw York 10016 rbulkt.rates on request]. 16. President Scowcroft introduced the Guest .Speaker: Matthew >*. Swetonic, Executive Secretary, Asbestos Information Association/ North America. Mr. Swetcnic (whose profile is. attached) discussed the AIA/I.'A, its formation, its history and the -A/ork it is cioincr on behalf of the asbestos industry in the United states. He also talked about tha impact of OSIIA and EPA regulations to control the amount of asbestos dust in the atmosphere. He discussed the Ques tion: Why lias the Asbestos Industry been singled out by government, the press and various conservative groups? He stated that the industry is passing through a crisis period in the and that closer tics between trnds associations would bo beneficial. Hr. we tonic advisac that he has been talking with the press about asbestos and health since I960 and that out of 130-175 reporters,.^ only 2 were over 35. l.'e are dealing with a young and ideelfstic:^^: group, he said. From a survey taken of the awareness and attitudes . toward the use of asbestos, it was discovered that asbestos is. \3:~ relatively unknown to the general public. The situation changes little between urban and rural areas. It was interesting to note that the survey indicated that those in the lfi-75 age bracket 3*now little about asbestos b'.it that awareness increased in those inter viewed who were between 40 and 43 years of age. .A copy of Mr. Swctonic's presentation, in its entirety, ir> attached to these Minutes. 17. There being no further business to be brought before th " mmuhership, the meeting was adjourned at approximately 3:00 P.U., as per a notion by II. A. Farrell, seconded by r. A. Morris, and unanimously approved, by the attending numbers. respectfully submitted S 6'/ '-/& Eoris M. Fagan, ^ Execu tive See rotary NOTE: Enclosed herewith is your copy of tin: dons itution and By Laws of the Asbestos Textile Institute, revised ns of June 5, 1973. Paragraph 3 of the Hy-Lnws (page 7) is subject to approval by the Internal hevanuo Service. Balance on Hand January 2, 1973 General Fund Reserve Fund Potty Cash Fund a 1,396.33 9,026.20 ion.on Total on Hand ................................................................3 9,593.83 Receipts To reserve Fund -- Interest adjustment to 1.7/31/72 Dues for Year 1973 To General Fund -- Booh Pales Insurance Credits 01 14,250.00 115.29 37.00 Total Receipts . 14,402.33 23,996.13 Disbursements Rental of Office Space {5 nonthe) * Telephone (4 months) 17.J. Employment Tax (4th Qtr 1972) Federal Income Tax (4th Qtr 1972) Federal Unemployment Tax (Year 1972) Federal Income/FICA Taxes (1st Qtr 1973) Ta. Unemployment Tax {1st Qtr 1973) Pa. Income Tax (1st Qtr 1973) Secretary's Net Mr.cas (4 months) Insurance for Rev Office quarters Postage, Printing, Office Supplies, etc. Revision of Fibre Tent hanual Leg.nl Services 4 Expenses (4th Qtr 1972) Secretary's Travel Expense. (2/72 meeting) Petty Cash vouchers S01-IC ___ 270.00 135.27 33.75 70.00 15.93 162.6.2 5.25 12.09 538.00 145.00 213.29 26.32 007.48 175.19 22.05 ' Total Disbursements . . . . 2,506.21 Hiscalculation from last Statement ? 21,302.92 7.00 BALANCE ON HAND APRIL 30, 1973 ......................$ 21,316.22 Tunds an of April 30, 1973 General Fund Reserve Fund Petty Cash Fund 0 1,462.06 12,846.91 7.35 TOTAL AVAILABLE FUNDS Assets as of April 33, 1973 -- Total Funds is listed above .Accounts Becei.vahle (EooJ; Sales) Furniture r Equipment (nominal value) 3 21,31''. 92 6.00 1.TM /$o--*CC<5 TOTAL ASSETS . . . TOTAL LT'.r.Tl.TT^nr- . "leispecefuily subniatseT ">oris N. Facan iviv.i. * wir-;; 5 21,316.92 3 21,323.9! 5 21,323.92 FIBE2 FRGDUCEKS' tu:vort [Presented at ATI General inciting, June 7, 1973, at *:.iy Fridge ?larriatt, Arlington/ Virginia] There .has been tin increasing demand throughout the world in 1373 for a number of fibre grades/ notably in 4 Group and 7 Group. After the fall-off in 1972 in 5 and 6 Group fibres, this market has begun to recover/ although not to thn sane e::tont as the previously-mentioned 4 and 7 Groups. Of main interest to members of the A.T. I. are the spinning fibre Group 3 grades. Crudes and ultra-long spinnings continue to lie in short supply, hut the medium and short spinnings in the 3F to 32 range are in fnir supply from most producers. r7o shortage is foreseen in these grades during 1973, although individual produ cers may be tight in some specific gradings. There are no indications at present that there will ha a marked change during 1974 in spinnings? however, in short fibres,' the""' currant oversupply of 51) fibres nay be closer to balance nent year. .* " One or two now nines in Canada arc scheduled to come into produc tion. in 1975, hut there is no likelihood that they wi.ll produce any spinning fibres. The same is true of new sources in Australasia. ' Walter IT. Smith ` Technical 6 Talcs TIepreisentativo hell Asbestos Jiines, Ltd. P.171 HYGIENE a flAbhTTACTURING COISHTTBE Asbestos Textile Institute June 7, 1973 -----Key Bridge Harriott, Turlington/ Virginia The Committee met with sir:teen members and guests in attendance, representative of ten companies, as follows: Amatox Corporation n. K. Halter, Norristown, Pennsylvania Tisberit 3.A. !I. Cattaneo (Adorno}, Pdo do Janeiro, Brasil Cadwalader, Hickershan & Taft E. J. Laff, l!ew York City Canadian Johns-Iianvillc Company ltd. J. P. Power, .Asbestos, Quebec (I Garlock Inc. | S. G. Dixit, Palmyra, 2?ew York Johns-'-ianvilla Corporation * C. G. Guerin, Hanvilla, Mr*; Jersey . ?. B. Eeitse, Denver, Colorado Laics Asbestos of Quebec .ltd. E. A. Farrell, lieu York City n. L. Lefebvro, Black Lake, Quebec II. IC. Porter Company, Inc. E. C. Eratt, Charlotte, North Carolina L. E. Hoody, Charlotte, North Carolina Raybestos-lianhattan, Inc. R. T. Matthc*:, North Charleston, South Carolina I. II. Heaver, clnnhein, Pennsylvania Uniroyal, Inc. W. D. Eittinger, Uinnsboro, Eouth Carolina E. Carden, Hogansvilla, Georgia L. F. Dieringcr, Iliddlebury, Connecticut Thu wasting included discussions in the following areas: dust (fiber) counts improvements, special checking, etc.; and recent experiences with 03IIA inspections. When taking dust counts, one company now is using a method, of placing the filter intake valv.v near the person' s mouth and nose Page 2 - Minuter: of the ATI Air Hygiene & ilc*. Committee ~ <V7/73 and in a one cases x-'ill use txo units x/ith the second on the employee's shoulder. Also, it was pointed out, again, that the height of the person being chocked has sona bearing on the dust count. Dust on fiber samples, x-'hen checked by different people, shows a difference or a variation of as much as 5 to 1 and an average of 40$ variation, plus or minus, with more variation on higher counts. Spacing of equipment using a larger area and using a second unit to recirculate the air has shown some reduction in dust counts, lihen stripping cards, use hoods placed ns lov as possible over the area and strip with a brush attached to a vacuum. Dome plants utilize the Abingfcon systen when stripping cards. One plant reported the use of a light spray (T-E-X) on mixes using roughly 2%, v/hile another plant sprays carrier only x/ith 'h. mixture of x'ater and ban-set. Both plants report sene reduction in dust as a result of using the sprays. In a recent plant inspection by ODEA, one company received several fines for the following items: 1) Some employees x/ith no respirators; ' 2) Company had not provided protective clothing in required areas; 3} Citations resulting in tx*o 5700.00 fines for exceeding five (5) iibors in one area and a * time-weighted average of over ten (10) fibers in another area. In some recent car.es the OCHA Agency has reduced dust counts by 25$ before actually issuing a citation. lone plants are using rental uniforms and lockers both furnished by the rental uniform people. The uniforms, two per employee each x/nck, averages about 52.50 weekly. *" ' In most cases the rental uniform is a short-sleeved shirt and pants only, and this has been acceptable. Respectfully submitted. Duel r. Carden, Chairman .MINUTES ASBESTOS ADVISORY COMMITTEE An1jestos Textile Institute June 7# 1973 -- Eey Bridge Marriott# Arlington# Virginia III ATTENDANCE: E. U. Eussell# Chairman T. P. Jackson -- A. Euonmk ' 21. J. Scanlan II. Q. Scoweroft D. M. Fagan# ATI Executive Secretary E. J. Leff# ATI Legal Counsel The Eoard of Governors of the Asbestos Textile Institute took action at its September 1972 meeting to change the Institute's Constitution and By-Laws. The change permitted weavers of asbestos-containing fabrics and tapes# for resale as such# v*bo do not manufacture the asbestos yarns used in same, to be eligible for Associate Membership. In light of this action# tho Asbestos Advisory Committee was requested to determine a method of extending membership. After considering several altornativan# the Committee ac cepted the offer of 21. Q. Scowcroft to prepare a news release for insertion in the July 1973 issue of AEDESTOS magazine. The release will state the By-Law change and will publicly extend membership to those qualified and interested. T. P. Jackson of Johns-i!anvilla Corporation will serve as Membership Chairman. Respectfully submitted, E. V, Russell, Chairman H I IT n ? E S TECHNICAL COf tKITTEE f . Asbestos Textile Institute June 6 & 7, 1973 - - Hey Bridge Harriott/ Arlington, Virginia I ATTEIIDAHCE: J. IT. Hawkins, Raybcstos-Manhattan, Ir.c. V. Maaskant, /matex Corporation P. O. Hicodemus, General Electric Company/;, syrt C. 5. Guerin, Johns-Manvillo Corporation J. V,- Echerd (Chairman), IT. 21. Porter Company, Inc. Carl G. Guerin, of Johns-Hanville Corporation, was welcomed as a now member of the ATI Technical Committer, replacing Irvin Barnett. A special meeting of the Committee was held on June Gth to review the ASTK Standards for Yarn, Moving, and Lap. The Committee's proposed statements cn precision and accuracy were approved by the Editorial Committee of AvTM B-13 as being editorial. However, the statements were rejected by the ASTStandards Editor who spe- .. cified they must bo put to latter ballot after assigning a schedule for in tor-laboratory testing. The samples of yarn, roving and lap will be analysed by Eaybcstos-Manhattan, Inc., Ar.ntex Corporation, General Electric Company, Garlock Inc. and. II. IT. Porter Company, Inc. Testing should be completed prior to the Spring 1?74 meeting. The Johns-Manviile tumbler-test procedure was discussed as a means to determine the relative dustiness of various asbestos products. J. *7. Hawkins will determine if this equipment is available for ATI evaluation. The feasibiiity of building a similar tester also will be considered. ASTI! Subcommittee U13.14 has been requested .by the IJ.S. Navy to change D-315 .Asbestos Tapes to conform with radaral Specification KII-7-17S2 so it nay be used for direct procurement purposes. En vision would require the addition of a quality assurance provision, a section on packaging ana an obsolete table on tape styles. The ATI Technical Committee feels that this information should not be ---*- _ included in a "Material Hpecification." P. 0. Micodcmuc will re view the objectionable items with AGTJ! before replying to the Navy. A draft of proposed Military Cpecification HIL-I-3053}'--"Insula tion, Electrical, Asbcston-7ibor, Treated: and Untreated" was M; submitted for approval. The Chairman was instructed to request an extension for comments until after the October 1973 Committee meet ing. respectfully submitted, J. r\ rchard. Chairman MINUTES FIBER RESEARCH S TESTING COMMITTEE Iisbostos Textile Institute June 7, 1973 -- Key Bridge. Marriott, Arlington, Virginia IN ATTENDANCE: 'V C. Straib, Johns-Manville Corporation *1. N. Snith, Boll Asbestos Mines Ltd. ' 0. E. C.hildern, II. E. Porter Company. Ir.c. C. E. ntiefhen (Chairman), Americ-.n C.Jilting Refining Co. The meeting was totally devoted to discussions of the progress of the 3rd Edition of the Chr*ysotile Asbestos Test Manual. tf It was noted that the ACTA (Asbestos Cement Products Association) has become .defunct and all references to that organization have boon removed from the net; manual. It was decided that for future test deletions, a substitute page vould be inserted into the manual, containing the previous test number with an explanation of the reason for delation. It vrould be indicated that the test could ho obtained from ATI, if required. Since ACPA is defunct, the ATI has, for the record, abroad to sponsor an original ACTA test -- Strength in Ashas to's Cement Products, F-3. Tost G-9, T5N Magnetic Eating, has been approved for sponsorship by the ATI. *' The Test Manual has been assembled in rough form, requiring soma editorial changes. This draft will now be reviewed by the ATI Fiber Research u Testing Committee. Uhcn approved, the draft will be submitted to the printer for a reasonably-accurate cost estimate. All original typing, sketches and photographs will then be assembled for printing, hopefully by the end of this summer. "* It will be helpful for the membership to submit copy ronuirerv<nts to Doris Fagan as soon as possible. "ospactfully submitted. C J* F tiefken, Chairman n i :i n EbMTinOIT.'lENTAL HEALTH COMMITTEE Asbestos Textile Institute Juno 7, 1973 -- Eey Bridge 'Harriott, Arlington, Virginia Mo forr.nl meeting of the Committee vas held, and the three nenhers sat in ort the discussions of the Air Hygiene Manufacturing Committee. As of meeting tine, the following is the status of various pro posed OSEA occupational health standards which are of interest to member conpanies: 1) Hoisa -- A Department of Labor standards Advisory Commit tee is meeting periodically to consider this standard. At its meeting in Boston on 'lay 21, 1973, the American Confer ence of Governmental Hygienists (ACGIJJ) recommended the adoption of a notice of intent to change the noise Threshold Limit Values to 25 dBA for an C-hour-a-dny, tino-x/cighted exposure. At the- CGILA Standards Advisory Committee meeting in Washington, D.C., on IJay 30, 1973, Dr. V. I!. Eildyard Committee Chaims, stated that the level of exposure tbiS^^Si^r- noise for employees trill probably remain at 90 d-EA. 2) Heat Stress - ACGIE also recommended at its Boston meeting the adoption of the Meat Stress Threshold Limit Values which were published as a notice of intent in 1972. It differs slightly from those recommended hy MIOEM in its criteria package in that permissible work-rest regimens are specified. The status of the proposed standards is clouded hy recent criticism that the TTJGT incie:: is not an adequate indicator of heat stress. Proposals have been node that sweat rates and heart rates arc more indicative of heat stress. "' Accent articles of interest from the Annuals cf Occupational 7!y- giane, Volume Id, 1973, house organ for the British Occupational Hygiene Society, are: * 1) Pages 1-5, Hygiene Standards for Airborne Amosita Ashes- - tos Dust - "The subcommittee (on asbestos) liar, reviewed the ! information on human closure to airborne Amos ita dust and animal experiments. Thu subcommittee believes it has insuf ficient knowledge of the relationship 1 etTV:on airborne Amosite dust fxqjosuru an:l tV. risk of an hostosis to permit an accurate statement of the degree of protection afforded hy a specified hygiene standard, nevertheless, on the basis of comparisons between the affects of Amos ita and Chrysotilr duct on men and aninals, it is recommended that t!ie standards cn Amositn should ha no less stringent than those for Chrvso- til.'i,'' '' * 2) Page 7, Ui-visw of the Hygiene Standard for Chrysotila Asbestos Bust - Cased cr> information o On-bcc rexta1ity and Page 2 r&nutes of the ATI Environmental Health Committee fi/7/73 morbidity data, no new reported adverse comments and initia tion of new studies not available for a nur-bor of years, the subcommittee on asbestos stated, "It is therefore recommended that no changes he made at the present tine, but that the standard he kept under review." 3) Pages S-17, Eiologio.nl Effects of Cancer - Report of the /advisory Committee on /Asbestos Cancers to the Director of the International Agency for Research on Cancer - Report divided into two parts, the first a craestien-and-nnswer section devoted to the latest thinking on the relation of asbestos exposure and cancer, and the second to recommendations for future research ir. -epidemiology, pathology and physics and chemistry of asbestos-related cancer. P.aspectfuliy submitted, . * ;,->V . .. 4 f J.. F. Dieringer, Chairman. #`%'h RFIGVP.KS OF COTR1SEX. Asbestos Textile Institute General 'Anting Juno 7, 1073, Arlington, Virginia At the February General fleeting in Atlanta, rondo.ll Alcorn presented to you remarks of counsel dealing with illegal divisions of territory among computing sailors. The cases he referred to then dealt vith explicit agreements in which the nap vns carved tip among the selling companies involved on the principle of "one region one company". The decided cases have held such agreements to be unlawful, with a few limited exceptions. A recent case has focused attention on the division of markets where the agreement cr plan is not clearly spoiled out. In Hobart Erothars Company v. I-lalcoln T. Gilliand, Inc., *171 F.2d 094 (5th Cir. 1S73), cert, denied, 41 U.d.L.u. 3C22 (flay 29, 1373), n distributor of welding equipnent was assigned hy the nanufacturar "primary responsibility" for distribution in northern Georgia. Che natural commercial instincts cf the fim, however, led it to begin sailing in Tennessee, which was not only outside th= -lorthcrn Georgia territory, but was within an area supplied directly hy the manufac turer. Eventually, the distributorship agreement was cancelled hy -: the manufacturer, and the distributor sued the manufacturer, charging an illegal division of territories. The defense emphasised the absence of a written contract prohibit ing the distributor from selling in any particular area. Thera had bean such an agreement years earlier, but counsel had remedied that problem by drafting new contracts assigning "areas of primary responsibility", which did not on thair face limit sales olscv'hcrc. The courts nevertheless held the arrangement to he illegal. The Fifth Circuit Court cf Appeals stated that "A silent understanding can 1-a shewn hy the course of conduct of the parties." The chief* damaging evidence was an intra-office memo from the Tennessee dis trict representative of the manufacturer to the hone office which reported the distributor's sales ir. Tennessee and urged the manu facturer to "counter" by selling directly in the distributor's .... territory, northern Georgia. One of the important teachings of this case in that compliance with the antitrust lav/s - whether the issue is prices, distribution schemes, refusals to deal with certain companies, or any other sensitive trade regulation matter - is not achieved .by ricralv avoiding the obvious, spelled ut forms of transgression. Tar*? "'.uvt be taken not to lessen competition indirectly or through unexpressed understandings ns veil. Having mJhtior.cd violations of the law through more devious means / which s:;ur!S tr me appropriate at this gathering, no Close to the TJatirgate building, I would li3:a tr note another connection be tween antitrust law and politics. Paga 2 - Hemarhs or Counsel .TI General footing - <5/7/73 Trade associations; as well as other ccnncrcial groups car. run afoul of the law hy assuming power in tlicir private activities which pro perly belongs to the government. - The early price-fining eaten reflect the view that private parties should net fce permitted to regulate sc sensitive a feature of the econony as prices. Finilarly, any .-joint action which excludes certain companies fron important commercial benefits is viewed hy the courts as the imposition of a punishnent - which is a power reserved to the courts. In Fashion Originators* Guild, Inc, v. Federal Trade Commission, 312 U.S. 457 (1341), for example, a combination of manufacturers cf women's garments and manufacturers of textiles tried to prevent the. copying of their fashionable clothes by so-called "style pirates". The fashionable clothes group refused to cell their products to manufacturers or retailers of garments who dealt with the competing "style pirates". The Supreme Court rejected the defense that such n practice v.*as justified by the necessity of ridding tha business . of unscrupulous garment designers. She Court said: . "... the combination is in reality an extra-gevornncntal agency , which prescribes rules for the regulation and re straint of interstate commerce, and provides extra judicial tribunals for determination and punishnent of violations, and thus 'trenches upon the power of the national legislature and violates the statute' [.c., the Sherman Act]." 312 r.F. at 4C5. ! long as private conpanies retain their competitive individuality, however, and restrict their joint efforts to constructive objectives which reasonably serve that individuality, there is little danger of antitrust difficulties. 2ugcne -T. 7,off, Attorney CTuTTEJjhDFn, VlCTlF.Tini'A'A Z TAFT about the speaker The names Matthew M. Swetonic and Asbestos Infor mation Association/North America are synonymous. It was Matt who developed the original AIA/NA Prospectus in the Fall of 1970 and who prepared the presentations for both the introductory and the organization meetings. Upon J-M's decision to move its corporate head quarters to Denver and Matt's electing not to make the move, he was employed as AIA/NA*s first full-time Executive Secretary. For the .first three months of 1972 he handled two jobs: Manager of Environmental Affairs for J-M and Executive Secretary for AIA/NA. During this time he orga nized the industry effort for the EPA and OSHA hearings and wrote for others or presented himself six major presentations in a period of 45' days, a record which he states he hopes he "will be never asked to break." Matt is 30 years of age and is married. He is a native New Yorker, was reared in Easton', Penna., and now resides in Manhattan. He holds a B.A. in Creative Writing and an M.S. in Journalism. Following a tenure as Feature.Writer for The Eas ton Express, he joined J-M in July 1965 as Associate Editor of News/Pic, an employee maga zine. He was promoted to Editor in January 1967 and one year later was named Coordinator, Special Projects. This is the job that granted him the expertise to superbly fulfil his duties as Execu tive Secretary of the AIA/NA as the major respon sibilities included writing J-M asbestos-health position papers, preparing speeches on asbestoshealth for top J-M executives, working with J-M public relations counsel and learning asbestoshealth literature backwards and forwards. WHY ASBESTOS ? A Presentation Before the Asbestos Textile Institute Arlington, Virginia - June 7, 1973 By: Matthew H. Swetonic, Executive Secretary _ /asbestos Information Association/Horth America I am sure that many of you have asked yourselves, as I have asked myself, why has the asbestos industry seemingly been singled out as the prime target for so many assaults by government, labor, the press, certain segments of the medical profession, and by various environmental and consumer activist groups? Why us? Can asbestos really be all that bad? Are the products we produce truly going to kill millions of Americans, as some experts have predicted? Or is there some sort of nefarious conspiracy afoot to destroy the asbestos industry? The answer to the question of "Why us" is both complex and simple. Complex because it is a combination of three interrelated but .. .. separate factors. Simple because each of the factors is, wheii-^ considered by itself, quite obvious. ' ' - The three factors are (1) asbestos can cause disease, (2) a spokes man arose to champion the need for asbestos control, and (3) a cornucopia of new government agencies were set up to control materials and products that can cause disease. Lot us look at each of these factors in turn. ` First, there is no doubt that the inhalation of substantial amounts of asbestos can lead to increased rates of various types of lung disease, including_twg_forms__gf__cancer.. These are facts which can not be denied"* even if they do not apply in all circumstances'"and "under all conditions. The medical literature is full of solid evi dence linking ashest^g to In my office^ i nav<r~on nxe more than TTP'OO medical naoer3 dealing"with tHe~hcalth risks of asbestos and hundreds more are published every year. Secondly, the spreading of concern over the health risks of asbes tos has as its prime spokesman one of the most talented medical publicists of the age -- Dr. Irving J. Sclikoff of Mew York's Mount Sinai Hospital. Hot only is Dr. Selikoff capable of arousing the ire and moral indignation of the most conservative reporter or politician with his graphic descriptions and predictions f the ravages of asbestos, but he has also surrounded himself with a group of similarly talented associates who have carried the Mount Sinai message to the far comers of the nation. While Dr. Solikoff has, in his zeal, unquestionably painted a far darker picture than the facts warrant, wo should always remember in his defense that the insulation workers he h.m Hopn studying For Page 2 - Why Asbestos?, by II. II. Swetonic, AIA/HA Presented to the ATI at Arlington, Virginia - 6/7/73 more than a decade x/ere and still are dying from ashes_1:os related disease at an appalling rata. _ Such a 'situation x*ould be sufficient to make a crusader out of the most conservative of scientists. Finally, in the past decade there has been a tremendous growth in public and governmental interest in environmental and occupational health matters. This interest has been translated into a series of far-reaching laws affecting industry in a manner hitherto unknown in this or any other country. I believe it is accurate to say that these new laws, such as the Occupational Safety and Health het, the Clean Air Act, the Consumer Product Safety Act, and others, have forever altered the concent of the free enterprise system as it was known in this country for a hundred and fifty years. Thus, in combination, these three factors created a situation in which a cadre of freshly created federal agencies, with strong statutory authority, were prodded into assigning priority Status to asbestos by Dr. Selikoff and his followers, who achieved these ends through skillful use of the great wealth of negative asbestos-health data contained in the medical literature. In short, the asbestos industry was singled out because it ' vulnerable to attack, because there was someone willing to lead:that, attack, and because Congress had graciously provided the vehicles for such an assault. The background of industry efforts to deal with the asbestos-health problem as a national issue goes back nearly a decade, to Dr. Selikoff1s now famous 1964 seminar on asbestos disease at the Hew York Academy of Sciences. Hhilo this seminar did much to prick the industry's conscience about asbestos and health, the problem still remained one of limited public and press interest until around 1367, when the media began beating the medical bushes searching for stories that would graphically portray American industry's supposed disregard for the environment and for the health and safety of its workmen and the American public. The asbestos-health problem was found to be tailor-made for such stories. As a result, starting with Paul Drodeur's infamous New Yorker article of March 1968, asbestos has since grown into an item of major press interest. In those years, industry efforts to combat the spate of negative press articles on asbestos were carried on primarily by the Johns' Manvi11c Corporation, which set up a task force of specialists in various fields to do what it could to portray the problem in its proper perspective. Hhile some minor successes were achieved, it was found that no one company acting independently could adequately or effectively represent an entire industry in dealing with the press and with government officials. As a result, in late 1970, eight companies gathered in New York City to launch the Asbestos Information Association of North /oaerica. Page 3 - Hhy Asbestos?, by M. M. Swctonic, AIA/NA Presented to the ATI at Arlington, Virginia - 6/7/73 which was patterned after the British Asbestos Information Commit tee, which had been established some three years earlier. In our original concept, the Association would limit its activities to providing accurate-", unbiased information on asbestos and health to the press, to the public and to interested politicians and other government officials. It must be remembered that at this particu lar time, the enormous problems that t-rauld later develop with regard to OSHA and other Federal regulatory agencies were as yet on the distant horizon and basically unrecognized by the industry. Fortunately -- and properly -- the Association has had the wisdom to alter its original limited concept of its proper functions, and nov; endeavors to assume whatever activities and responsibilities it deems necessary to protect the interests of the asbestos manufac turing industry in the United States vis-a-vis asbestos-health. tf From this rather narrow initial public relations concept, the Association has grown in the last two years into an organization with priorities in eight major fields of endeavor. These are: Medical Affairs, Legal Affairs, Environmental Control, Customer . .. Relations, Employee Relations, Inter-industry Relations, Publicity " and Public Relations, and Government Affairs. ". To take these activities one at a time, let us start with medical affairs. It is on obvious fact that if an organization is to speak authori tatively on a medical matter, it must not only be steeped in the literature of that particular medical subject, but it must also keep itself constantly informed of new discoveries and developments. This we have accomplished in a number of ways. For example, by sending representatives to important medical meetings, such as the 1972 Lyon, France, international conference on the biological effects of asbestos, which was sponsored by the World Health Organi zation. We also meet on an irregular basis with various medical experts in _ the field, both from the United States and abroad, to review and " discuss recent developments and discoveries. Our literature research is eased considerably by receiving the monthly medical paper distribution of the Institute of Occupational and Environmental Health in Montreal, which is funded by the Quebec Asbestos Mining Association. This year, for the first time, the AIA has elected to sponsor medical research of its own. Currently underway is a completely AIA/NA funded study of chest sounds, which is being conducted by Dr. Raymond Murphy of the Harvard School of Public Health. The purpose of the study is to find a new nethod of determining an individual's potential susceptibility to asbestos disease. Page 4 - Why Asbestos?, by M. M. Swetonic, A1A/NA Presented to the ATI at Arlington, Virginia - 6/7/73 The Association has also recently decided to contribute to sane very exciting research into a possible cure for mesothelioma through electromotive treatment. This study is being conducted at Somerset Hospital in Hew Jersey. In the legal, affairs area, the Association participated in an amicus curiae capacity in the law suit brought by the Industrial Union Department of the AFX/CIO against the Occupational Safety and Health 7dministration on the asbestos standards. In our brief the Association supported 05HA against the IDD, somewhat of a unique position for an* industry to find itself in vis-a-vis a governmental regulatory agency. Oral argument on the case was held April 4 in Washington. While a decision has yet to be handed down by the Court of Appeals, v;e are confident that the case will be decided in our favor. The Association has retained the services of a special technical consul taint on environmental control affairs. At the present tine, he is working with the AIA/NA Environmental Control Sub-Committee on the development of a ser5.es of five Association compliance manuals on the OSHA standards. Last year, because of the well established unreliability of the membrane filter method as a monitoring tool in the asbestos industry, the AIA undertook the sponsorship of a study at a . . research laboratory in California to determine the effect of certain variables on the overall accuracy of the method. The results of the study showed an error factor of plus or minus 50 per cent under tho most favorable of measuring conditions. These results were sent to both OSHA and to the national Institute for Occupational Safety and Health. A number of the recommendations contained in the study for improving the accuracy of the method have been incorporated into a soon-to-be-released revised HICSII operations manual on fiber counting. ' In the customer relations area, the total effect of negative press publicity and government regulations on industry customers is still today rather poorly defined. Some members of the Association have reported serious problems in this area, 'while others have experienced few or no difficulties thus far. Whore customer problems do exist, they normally fall into one of five categories. First, the customer has thoroughly investigated his situation and has found that he can no longer afford to continue using asbestos or asbestos-containing products, cither because, the cost of ' control is too high or because he would have to raise the price of his product to a level that would make it non-compctitivc with non-asbestos containing substitutes. Second, the customer has not thoroughly investigated his situation and only thinks that he can no longer afford to continue usiner asbestos. * Page 5 - I?hy Asbestos?/ by fl. M. Ewctonic, AIA/NA Presented to the ATI at Arlington, Virginia - 6/7/73 Third, the customer has read one or more negative articles on asbestos in the public press and has made the snap decision that "we ought to get that dangerous stuff out of our plant." Often, decisions of this nature are forced on top management by illinformed medical advisors or safety and health directors. Fourth, the customer has neither a control problem, nor is he parti cularly afraid of using asbestos in his own plant. However, he is fearful that those of his competitors whose finished products do no contain asbestos will stress the adverse health effects of asbestos in trying to take business away from him. Customer fears cf this nature are essentially "gut" reactions and am hence extremely difficult to deal with. Fifth, the customer has none of these problems or fears but he has been advised by a government official or inspector that he would bo better off if he quit using asbestos or asbestos-containing products in his plant. tThil-a this problem does not appear to be widespread, we have learned of a number of situations where it has occurred. Actions of this nature by government officials are totally uncalled for and should be dealt with promptly and decisively. The best ^ solution is to obtain complete details on the incident and then'tc~;~ register a formal complaint with the offending official's immediate . superior or with the government agency involved. " The Ttssociation's first reaction to the overall customer relations problem x/as to approve funds for a series of four regional seminars at which industry customers vnuld be given a number of basic presen tations on the various aspects of the asbestos-health .problem. The seminars were tentatively scheduled for the Spring of 1973. However, the experiences of a number cf our member companies shewed that general "catchall" type seminars of the type originally contemplated would not be effective in dealing with the majority of customer relations problems. In order to do the job properly, it x/ns found that customer presentations have to bo tailored to the needs and problems of the individual customer. As a result, the /issociation cancelled its scheduled series of seminars and instead elected to develop a number of packaged slide presentations on such topics as "The Facts About Asbestos and Health," and "Understanding the OSILA Regulations," which could be used by member companies as part of a tailored presentation to individual customers. As with customer relations, the Association feels that employee relations is a problem best handled by the individual member companies. Thus far, the AZA's sole contribution in this area of industry concern has been tc prepare the draft of an Employee f.afcty and Health Guide on Asbastos-ilealth. The draft was made available to the member companies for their oxm use and at least one has produced it in booklet forn for distribution to all its employees. *.tt <4'. <r. Pago 6 - Why Asbestos?/ by M. M. Gwetonic, AIA/NA Presented to the 7iTI at Arlington, Virginia - 6/7/73 I personally believe that the employee relations aspect of the asbestos-taealth problem is one that has been sorely neglected by most companies within the industry, and that it could develop into a major problem area in the near future and that stops should be taken not/ to deal with it. V7e know that various organized labor groups are planning a full scale campaign to bring their interpre tation of the asbestos-health problem to the attention of asbestos industry employees throughout the nation. If the industry permits this interpretation to be disseminated without rebuttal, the consequences could bo grave indeed. Inter-industry relations arc best defined as keeping the industry informed about important net* developments on the governmental, medical and press relations fronts that affect asbestos. This is accomplished within'the AIA by periodic distributions of documents and information to the member companies and to others on our mailing list. " The value of this activity can be gauged by the fact that our overall mailing list increased from approximately a dozen names in 1971 to more than 60 a year later. IZhile we have had to trim, the list somewhat this year for logistical reasons, we assume from the frequent requests we still receive to be placed on the list that the material we send out is being_ read and is of considerable value to those receiving it. " Next to government affairs, our public relations and publicity activities constitute the single largest consumer of tires, effort and money vrithin the Association. Those of you who nre familiar with the treatment that asbestos has been receiving in the public press over the years can readily understand why this activity ranks so high on our priority list. JJhat ycu nay not understand arc the reasons why cur extensive efforts in dealing v/ith the nation's press have been so unsuccess ful to date in producing the theoretical "balanced" or "positive" story on asbestos and health. The simple fact is that from the standpoint of today's young activist reporter, industry is the bad guy, and nothing we do, say or achieve can ever change this impression. If wo spend $100 million dollars on environmental control, the press either says ve ought to have done it ten years ago or that we should have spent $200 million. If wo sponsor medical research, they say we are trying to buy favorable results. If we are opposed to ridiculously stringent standards, they say wc arc in fnvrr of letting our employees die. " A television executive in Minneapolis described this new bread of reporter ns being "so intent on demolishing the establishment that they would blindly destroy the credibility of the media in the bar gain." Another TV executive, this time in Chicago, stated "they Page 7 - Why Asbestos?, by M. H. Swetonic, AIA/NA Presented to the ATI at Arlington, Virginia - 6/7/73 want to make moral and political and social judgments on their assignments and then take sides. Never mind getting the facts straight." As a result of this "industry is a monster" philosophy, asbestos will remain a hot news item only so long as the news is bad. The "good" that asbestos does in protecting lives and property is of no concern to the press. Likewise, industry efforts to protect workmen and the general public from asbestos exposure will always be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producing a "killer" product that is the sole element of news worthiness in the asbestos story. The press relations battle will therefore he won, not when the media starts to print positive or balanced articles about asbestos but when the press ceases to print anything about asbestos^ at all. As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media will only cease to carry such stories when the generation of negative news ceases. It is as simple as that. Positive or balanced stories are a chimera, since they are, by definition, not newsworthy. Let me give you a very specific example of this last principle in action. As most of you already knew, the Association is currently engaged in an extensive campaign to interest the trade press in articles on the benefits of asbestos and on industry accomplish ments in the environmental control area. The trade press, unlike the national or public media, is much more receptive to articles of this nature and we expect to be seeing a number of positive stories in the trade press in the next few months. In any case, we also from tine to time put out press releases on various subjects relating to asbestos-health. A few week's ago, wc issued a release on the report of the advisory committee on asbestos cancers of the World nealth Organization. In brief, the report concluded that the general public is net in danger from asbestos in the environment. Thus far, we have received nearly " two dozen press clippings from trade publications that carried the story. To the best of our knowledge, not a single newspaper, nows magazine, radio or TV station,, or any other segment of the public media ran the story, with the solitary exception of a French language paper in Toronto. As I said before, if the news is good, the press simply isn't interested. Nonetheless, the Association has no intention of abandoning cur efforts vis-a-vis the national media. We will continue to issue appropriate press releases, cooperate with feature writers doing stories on asbestos, write letters to the editor when those stories appear, and in short, do all wo can tc present the press with a balanced view of the asbestos-health situation. Page 0 - Why Asbestos?, by If. II. Swetonic, AIA/JIA Presented to the ATI at Arlington, Virginia - 6/7/73 Our most recent effort in this regard has been the preparation and printing of an Asbestos and Health Information File, which we have nailed to some 3,000 newspapers, magazines, trade publications, radio and TV stations, science writers, etc., across the United States. Basically, the file contains copies of five industry position papers on asbestos and asbestos-health, as well as a number of important medical papers and a pair of photographs illustrating the benefits of asbestos and industry efforts at environmental control. TIhile we don't expect our information file to change the whole attitude of the press toward asbestos, wc are hoping that the media will make use of it to accurately report the industry's position when doing stories on the subject. And now, having heard the bad side of the public relations problem, it * s time for some good news. " And the good neve is that despite all the negative articles on asbestos-health that have appeared in the press over the past half dozen years, very few people have been paying attention. Let me explain. .* In February, the Association undertook a personal interview research survey of the American public to determine its attitude toward asbestos and its awareness of the health issue. The survey was conducted by the Opinion Research Corporation during Uarch and April. Hore than 2,000 denographicnlly selected Americans ware interviewed. " Without going into enormous detail, the results shew that only 22 per cent of the American public nra aware of the health hazards of asbestos, and that 80 per cent of these consider it a hazard only to those who are occupationally exposed. A more three per cent . of.those interviewed stated that they considered asbestos a health hazard to the general public, and less than one quarter of one per cent considered it the most dangerous material on the list they were given to choose from. Surprisingly, the college age youths of America are no more aware of the hazards of asbestos than their' parents and grandparents. These results should be reassuring to those industry customers who fear that the general public will stop buying their products because they contain asbestos. Before go^ng on to describe our activities in the government relations area, I think it might be interesting at this point to take a very brief look at the manner in which Dr. Solikoff and his supporters have used his research results to dramatize and exaggerate the seriousness cf the asbestos-health problem. I have two charts which point this out rather conclusively. Pngs 9 - 'Thy Asbestos?, by 1I. I!, Dostonic, AIA/TIA Presented, to the ATI at /Arlington, Virginia - 6/7/73 The first chart -shows the actual results of Dr. Solikoff's four nortality studies cf asbestos workers. The numbers in parentheses beside the figures fer total number of workers indicate those who have so far died from all causes. The percentage figures alongside the total number cf deaths from nsbestosis, lung cancer and mesothelioma are based on`the total number of deaths from all causes, not on the number of workers in the study. The most important study of the'Ogroup is the second from the to?, showing the deaths from asbestos-related disease among all namhers of the insulation workers union, regardless of length of exposure. You will note that 34 per cent of those workers who have died thus far have died from one of the three asbestos-related diseases. These, then, are the facts Dr. Gelikoff works frort. This is what lie knows from his own investigations. New let us take a look at what he has done v/ith those figures in order to dramatize "the problem. Chart number II shows Dr. Selikoff's predictions about asbestosrelated deatlis in the United States. T7ithout going into details,. .... Dr. Coiikoff has arrived at his projections by the simple procedure of multiplying the percentage of deatlis fren asbestos-related . disease among his insulation workers by the total number of employees in the entire industry. You will also note that ha has raised his projected death estimate to enormous heights over- the past year by simply increasing the bane figure of employees exposed, while still retaining the percentage multiplier cf -34 par cent being experienced by the insulation workers. I night point out that this tactic, however deceptive, has been an enormous success since each raising of the estimate has earned Dr. Sclikoff correspondingly greater coverage by the media. No finer example exists of the total gullibility of the press than the manner in tmich it allowed its prejudices to bo manipulated and played upon in this situation. * Please don't gat me wrong. I have no doubt that tha insulation . workers are in fact dying as* rapidly as Dr. falikoff says they are. The problem is that he has translated thoir nortality experience to the rest of the entire industry', which is completely erroneous. In the first place, the estimated number of employees in the industry is too high -- five times too high to ho precise. Even mere important, according to an analysis by the Association of more than a dozen nortality studies, including those of Dr. Scli- ko.ff, cur prediction is that approximately 25)00? past and present employees in the asbestos industry have died or will eventually die of asbestos-rolat.ed disease. This is rlian rino-thirteenth CHART NUMBER I DR. I. J. SELIKOFF------RESEARCH DATA MORTALITY STUDY OF TWO LOCALS OF INSULATION WORKERS UNION IIORTALITY STUDY OF ALL MEMBERS OF INSULATION WORKERS UNION MORTALITY STUDY OF T70RKERS 121 A WORLD WAR II AIIOSITE INSULA TION PLANT MORTALITY STUDY CF WORKERS AT JOHNSMANVILLE CORP. HTdlV.LLLE, N.J. , PLANT ** NO. OF WORKERS DESCRIPTION OF COHORT TOTAL DEATHS FROII ASBES TOSIS , LUNG CANCER & ' MESOTHELIOJS 625 (423) THOSE WITH A mill'JUH OF 20 YEARS EXPOSURE 149 (35%) 17,800 (1092) ALL WORKERS ON ROLLS 1/1/67 368* (34%) 933 (484) EXPOSED ONLY TO AMOSITE ASBESTOS 107 (22.1%) 689 (199) THOSE WITH A MINIMUM OF 20 YEARS EXPOSURE 66 (33%) * 34 0 OF. THESE DEATHS 17ERE AMONG THE 5,119 EUPLOYEES WITH GREATER THAII 20 TEARS EXPOSURE UNPUBLISHED DATA T7JCEU FROM ARTICLE IN THE WEI? YORK POST, 11AY 13 2 Page 9-ft CHART NUMBER II DR. I. J. SELIKOFF -- PREDICTIONS IIO. OF WORKERS DESCRIPTION OF COHORT TOTAL DEATHS FROM ASBESTOSES, LUNG CANCER MESOTHELIOMA ARTICLE IN WALL STREET JOURNAL - 6/8/72 "STUDIES BY DR. SELIKOFF... LEAD KIM TO PREDICT..." 250,000 ALL WORKERS CURRENTLY EMPLOYED IN TEE ASBESTOS INDUSTRY 85,000* ARTICLE IN THE HEW YORK TIMES - 6/13/72 - (5 DAYS LATER) "IF OUR EXPER IENCES. . .ARE A GUIDE..." 500,000 ' ALL WORKERS CURRENTLY & PREVIOUSLY EMPLOYED III THE ASBESTOS INDUSTRY 170,000 .. TESTIMONY AT TOXIC SUBSTANCES HEARING - 2/21/73 - "OUR STUDIES INDICATE..." 1,000,000 ALL WORKERS CURRENTLY, PREVIOUSLY 6 WHO KILL BE EMPLOYED IN ASBESTOS INDUSTRY IN THIS CENTURY 340,000 AP STORY ON TOXIC SUBSTANCES HEARING 1,000,000 (AS ABOVE) 1,000,000 (MIS-QUOTE) * ACTUAL QUOTED PREDICTION WAS 35,000, RUT THIS INCLUDED DEATHS FROM GI CANCER, WHICH I HAVE SUBTRACCED FROM THE TOTAL. Pacre 9-3 Page 10 - *7hy Asbestos?, by f:. !!. Svotonic, M/i/NA Presents'! to the ATI at Arlington, Virginia - 6/7/73 of Dr. Celiheff's most recent estimate. In addition, our figures show-that 20 cf the 25,000 deaths -- or 805 -- will occur aneng those in the insulation trades. . labile these estimates should he reassuring tc those in the mining anti manufacturing areas of the industry, we should not forget that 5,000 of our workman are still coina to die cf ashestos-ralatad disease and that, all tilings considered, there is absolutely nothing that we can do to prevent it. The only thing we car. do is to clean up cur plants to assure that those entering the industry in the future will not have the sane experience. ~ TJithin the past yaar and a half, the nain thrust of Association effort has shifted to tha government affairs front. The principal agencies in Washington with which we have been dealing are the Occupational Safety and Health Administration; the Environmental Protection Agency; the Food and Drug Administration; the Bureau of Mines; and, to a lesser degree, the National Institute of Occupational Safety and Health, and the National Institutes of Health, both of which are mainly involved in research efforts. In addition, a fev* weeks ago we were contacted by the Federal Trade Commission, which had received a petition from the Center for v:' Science in the Public Interest requesting an investigation of consumer uses of asbestos for the purpose of determining whether certain products ought to ha labeled as hazardous and whether warnings should be required on all advertisements for -those pro ducts. On the basis of a preliminary iiiocting with .in investigator from the FTC it would appear that we have little to worry about in this particular area. The Occupational Safety and Health Administration has been of ... enormous concern to the industry over the past 12 months. .As most of you already toot;, the Association expended tremendous efforts during the six month period leading tn the promulgation of last June's 05IIA standards on asbestos. I think it is a gauge of the effectiveness of the total industry involvement in this most crucial matter that of eleven main requirements in the standards, the industry position was accepted totally hy OSIIA on nine of tho cloven, about fifty per cent on a tenth, and totally rejected on only one. OSI!A is not; planning to redo tha standard packo.gr oru! we are work ing closaly with them on this project. Tho first stop will bo the formation of a 15 nan advisory committee to rnvicu the current standards and any additional nodical and technical data that has become available in the year since the standards were promulgated. forking in cooperation with nine other trade associations we hav'-i selected four individuals as industry-wide recommendations to OCHA for the four sr>-called "employer" spots on the advisory committee. Pngs 11 - Uhy Asbestos?, by i', I*. Guetenic, AIA/.'JA Presented to"the ATI at Arlington, Virginia - 6/7/73 In discussing the fornation of the advisory committee with John 0*I?eill of the OSHA Standards Development Section, wo were ashed to add a couple of nanes to the list so that 05HA would have more of a selection to choose from. This we have agreed to do. The connittee will be given up to nine nonths to complete its deliberations and prepare fer 03HA. a revised standard package. This will bo followed by public hearings, approximately a year from now.' ?e do not expect tr see a new standard promulgated before the Eall of 1974. It is of course impossible to determine at this tire vhat the nev; standards will look like, however, I would venture- to say that they will certainly net he less strict than the ones we have today, although they will probably he less confusing and leave less rocn for employer interpretation. Something will unques tionably be done to improve the current difficulties with the monitoring requirements. The main function of the national Institute for Occupational Safety and Health is to conduct research and to prepare so-called Criteria Packages, which are essentially recommendations to OSIIA for stan- dards on various materials, chemicals and activities. Such a package on asbestos was prepared by .`TIOSII at the time of the OSIIA proceedings last year. I7ICSI: trill not be preparing a new or revise criteria package for the upcoming review of the asbestos standards. I do not believe it wculd be unfair to say that of all the agen cies in Washington. dealing with asbestos. Dr. Peliknff has had his greatest influence on the young idealistic scientists and doctors at 1JI0SII. Consequently, industry influence is weakest in this agency. It was UIOSII, after all, that made the original recommen dation for a two fiber standard in the United States asbestos industry. Ucxt to OSIIA, the environmental Protection Agency has the greatest potential cf any federal agency for adversely affecting the future of the asbestos industry in this country, not only is the EPA responsible for developing and enforcing air and water pollution standards, but the Toxic Substances Control Act, now pending in Congress, will also become an UPA function .after passage. Per this reason, I an pleased to be able to say that the asbestos industry has an excellent relationship with the EPA. Ho finer proof of this exists than the fact that there was not a s..ngla major industry recommendation made to the EPA at the public hear ings on the proposed, asbestos emission regulations that was not accepted either in toto or in principle in the final standards, which were published in early April of this year. W(i arc presently working with the EPA cn the development of waste water effluent standards for asbestos, manufacturing" plants. T,a Page 12 - tJhv Asbestos?, by H. M. Suetonic, AIAfiih Presented to* the ATI at Arlington, Virginia - fi/7/73 certainly hope that these standards will turn out to be as reason able as the air pollution regulations. The proposed effluent standards are scheduled to be published in the Federal Register sonatina this Sumner, to be followed by public hearings, with the final standards being pronulgated in the Fall, perhaps as early as October. !-7e are also planning, in the near future, to neat -in Washington vrith representatives fron the standards development and enforcement branches of the EPA to discuss with them questions cf interpretation and compliance policy with regard to the new air pollution regulations. TTe have already resolved one interpretation question that is of special interest to the asbestos textile industry* Approximately two weeks ago I was asked by a nenber company of the Association to find out whether the EPA* was planning to require the naniifac- turers of asbestos safety clothing to register as potential emission sources under the law. In discussing the situation over the phone with EPA. compliance ... officials, I argued that the producers of asbestos safety clothing ' were not manufacturers A3 defined in the regulations but were instead only fabricators of an asbestos product, and as such, should not have to register as potential emission sources. lifter our phone conversation ended, a brief meeting was hold among the EPA compliance, people. I was then called back and informed that they agreed with mo that the safety clothing producers should not be required to register. ** While this rather minor problem took approximately an hour and a half and two or three phone calls to resolve, it is indicative of the type of day-to-day services that the Association provides for its member companies. Over the past year the Food and Drug Administration has shown an increased interest in asbestos as a possible hazardous contaroinant in various foods, beverages and drugs. Late in in72 they set up an asbestos task force to review the situation and to propose regula tions and guidelines where appropriate. ' Thus far they have concentrated their efforts in two areas 7- on the use of asbestos-contaminated talc in food packaging and in cosmetics, and secondly, on the use of asbestos celuloso. filter pads in the beverage and drug industries. In our first mooting with the FDA. task force last `Icvenbor on tho filter problem, they demonstrated am* admitted to an appalling ignorance about the health hazards of asbestos. Since then, they have gotten one hock of a lot smarter, due at least in part tc the tremendous amount of data and information whic'i the Ansonintion Page 13 -- VJhy Asbestos?/ hv M. 11. Swetonic, AIA/IIA Presented to"the ATI at Arlington, Virginia - 6/7/73 has been supplying to then. As a consequence, the FDA is today less panicky about asbestos and therefore loss likely to propose foolish, unsupportable regulations. Spokesmen from the FDA. have, in fact, defended the filter industry against environmentalist attacks in the press and elsewhere in recent months. This is, quite obviously, a healthy sign. Our activities in the area of Congressional relations have been quite niniraal to date, although we are preparing for the upcoming struggle in Congress over workmen's compensation reform, at \/hich time asbestos is unquestionably going to be racked over the coals by Dr Selikoff and by representatives of organized lahor. Unfortunately, the Association has neither the manpower nor the time to embark on a full-scale legislative information program. We have met on occasion with the legislative and legal assistants to various Senators who have attacked asbestos, however much more needs to be done in this area and I an afraid individual member companies are going to have to be the prime ball carriers and not the Association. .. ...... For essentially the sane reason, our government activities at the state and local level have declined to essentially zero over the past year and a half. This has not been too serious a deficiency as most of the authority of the cities ar.d states in asbestos con trol has been usurped by various Federal regulatory agencies, nonetheless, more individual company activity is required at these levels of government. In conclusion, I think we can all be justifiably pleased with what we have been able to accomplish in the past few years in resolving the cornucopia of interrelated problems that constitute the asbestos-health situation. Our plants are cleaner and our workmen better protected. The gene ral public has been shown to be in no danger from asbestos, if it ever was. While we have been regulated extensively, fer the most part the standards that have been developed have net been as bad as we feared they might be, and in some cases they turned out far bet tor than we ever dared hope. In addition, while wc are still taking our lumps in the public press, the net effect of all this adverse publicity has been shown to be surprisingly small. Ue have sweated a lot and we have groaned a lot, but we are still standing and we are still viable. I sense today within the indus try a greater feeling of confidence in the future than at any tine in the past few years. But we must not rest contented. Ue must remember that Dr. Selikoff has to date been far less suc cessful than our industry has in influencing the decisions of the various governmental regulatory agencies. This will make him try