Document NE0YGx3KXrVZ6VDZk4JbKR1Mg

FILE NAME: Avondale (AVD) DATE: : DOC#: AVD1 DOCUMENT DESCRIPTIOEDZZ,ZZZ PLAINTIFF'S E EXHIBIT ~ ~ - -SB-C-A-50-80- 1.ia5 SHIPBUILDERS COUNCIL CF AMERICA soo NEW HAMPSHIRE AVE., N.w. I WASHINGTON, o. c. 200 3 7 June 23, 1978 To: AD HOC COMMITTEE ON ASBESTOS Mr. David Lavalette Mr. Robert Barnhart Mr. Dan Whichard Mr. Frank Darlin.g Mr. George Bowen Mr. Tom Savas Dr. Joseph Bagni General Dynamics Corp. Sun Shipbuilding & Dry Dock Co, Ingalls Shipbuilding National Steel & Shipbuilding Co. Bethlehem Steel Corp. Newport News Shipbuilding General Dynamics Corp., . Quincy Shipbuilding Div. Subject: Initial Meeting on August 8, 1978 The Board of Directors of the Shipbuilders council of America has authorized the formation of a special Ad Hoc Committee on Asbestos. Such a committee is considered necessary to bring this problem into focus and to exchange information on possible methods of dealing with present and past employees, Government agencies and the media. Recent events suggest a heightening of potential problems and liabilities for shipyards: ( 1) The Asbestosis Questionnaire being circulated to present and former shipyard employees by the National Cancer Institute ( 2) The rapid increase in workers compensation claims and negligence law suits in Naval shipyards and to a lesser extent in private shipyards ( 3) The National Cancer Institute has hired Porter Novelli Marketing of Washington, DC to put together a public service campaign. Porter Novelli has in turn hired Bean/Kahn Film5 International, Inc. to produce television public service spot announcments. This firm has already filmed an asbestos ripout at Philadelphia N av a 1 S h i p y a rd wi th the approval o f the Ch i e f o f ________ Naval Information 2 Mr. Dave Lavalette of the General Dynamics corporate Office has agreed to serve as Chairman of the Ad Hoc committee. He has asked that there be representatives from the Industrial Health and Safety Committee, Workers compensation Committee and Industrial Relations Committee, The Ad Hoc Committee will hold its first meeting at the office of the SCA in Washington, DC at 10 AM on August 8, 1978 . . /.,. ,- 1: k<-<-. l~-i,-~., Frank R. Kesterman Vice President and Secretary 102 OCCUPATIONAL SAFETY & HEALTH REPORTER agreed with t}ie Reuse and provided $167.5 million for L~e Black lung Suppl,;mant,:il Occupational Sa.:ety and Health Administration and nearly $62 million for the National Institute for Occupational Safety and Health (Current Rr:port, June 15, p. 64). The Ser.ate passed on June 23 an increase o.f ~181.6 million for the Labor Department's Emplo1rr:ent Standards Ad ministration during the current fiscal }ea::-, which er1cs The S~nate subcommittee disagreed with the House and September 3Q. The increased funds, wi:ich were approved by did r.ot ac;d an 2:nendu1ent to the measure to prohibit OSHA the House on June 9, will be used to imp!ement l'le black from is,:;ubg any regu.l;;.tions which would restrict lung benefits legislation enacted by Congress earlier Uiis recreational bnting, fis.'liilg, or sports shootbg. year. But the subcommittee agrEed with the House and voted to The Senate agreed with the amount :ncluded in the House continue the restrictions on OSHA which were first included version (HJRes 945), but the joint resolution will have to be in the FY 77 budget. Those amendments to OSHA's budget exempt farrn.s employing 10 or fewer persons from the considered by a conference committee between the two Houses because of differences in aspects of it which have provisions of the Occupational Safety and. Health Act and prohibit civil penalties for first-instance nonserious nothing to do with the black lung compensation benci.its program (Current Report, June 15, p. 64). violations of the Act, unless 10 or more violations are cite<l during an inspection. Whe., the Hcuse ,oted to continue those restrictions on ~sbe:sto:, OSHA, it decided to exclude farms which have a temporary lobar camp from the exemption for farms employing 10 or fewer persons. These differences between the House and SHOAT-EXPOSURE RISK INDICATED JN STUDY OF NEW JERSEY WORKERS, RESEARCH!:R SAYS Senate versio;is will have to be resolved in a conference NEW YORK CITY - (By an OSHR st.aff correspondent) - between the two houses, unless the full committee or the Workers employed for only a month or two at a Patterson, Senate votes to d.i.s2.gree with the subcommittee recomrnen N.J., asbestos plant during the period 1941-1954 showed "a dat:ons and to ag.e-e wit!1 the House. clear mortality excess" from lung cancer and all forms of , asbestos disease, Herbert Seidman, American Cancer Socie- Additional lrispsctors ty, reported June 24. Senator Warren Magnuson (D-Wash), chairman of the Ap-- Seidman appeared at the June 21 thrcugh June 30 Inter- propriatior..s Comr:1ittee and of ltie Labor-HEW Subcom- national Conference on Health Hazards of Asbestos Ex- , mrr.ietrt;et et,o waidlld pSrol2.o5sembilelifoonretothethefulOl ScHoAmmbuitdtgeeet atno ah:inreer.ads poIsnurae,ssuprvoenysooref dsobmy eth6e21r-;weworYkeorrsk, SAeciaddme,;mny roefpoSrctieedn,cesisx. m:i:iy as 50:J more inspectors. B'Js amendment was riot deaths from lung cancer were found among those who had offered befor~ the subcommittee. worke<i at the plant for only one month, as compared with fa a June 91::tter to Magnuson, Assistant Labor Secretary :t~7 deaths expected based on mortality patterns for the Eula Bingh,;m ,;-rote that OSHA "can effectively utilize the Patterson area. There also were.eight deaths from all forms adc: ::anal cor;;;iliance officers." She suggested that the of asbestos disease, induding mesathelioma, as contrasted agency could !:ire 325 industrial hygienists, 125 safEty wilrl Uie 4.84 deaths expected. specialists, and 50 persons lo conduct discrimination L, Seidman terr:ied the excess "im;iorta:1t," ar:d added tb,t vestigations. the risk of lung cancer and asbestos disease became e\'en Bingham estim2ted tr.at the 50:J new inspectors would permi~ OSHA to co:-?c:.ict 8,500 additional health inspections, greater for workers e:,;:posed to asbestos for Ioilger perio:is. For example, among workers who worked at the plant two 10,000 addi;:i,mal s2.fety inspections, and 2,500 more dis- or more years, there were 39 deaths fro;:-i Jung cancer rather c,imins:ion investigatior.s. She explained L'1at health inspec lions usually ta;:e three to four times longer than safety in than the 5. 97 deaths expected, Seidrnan noted. There were 76 deaths from all asbestos diseases, as compared with the spections, which wo11!d account for llie expected greater in- 12.41 deaths expected. crease in the number of sa.:ety inspt!ctions eYeil though more Among the workers who were exposed to asbestos for one new health specialists would be hired. month, adverse health elfects from the exi}osure first were Bing!!afn wrot~ '.\!ag:,uson that OSHA expects the annual s~n after 20 yea,s. The effects were observed sooner among number of its bs:iectio:is to decrease because of the U.S. those with longer exposure, Seidman adJed, Supreme Court's c:"ecision in the Barlow's Inc. case, but she The plant involved in the study was o-:ied by ti:e could not give "a precise estimate cf the decrease as (OSHA Nicholson File Company, and it provided asbestcs for U.S. does) not yet have sclficient data on denial of entry cases to Navy ships during and after World War IL Ventilatio:1 at the indicate a tn,::id" (Current Report, May 25, p. 1923). plant was "poor," and "even short periods of exposure left a But Bingham com;nented that an increase in the number large numoer of asbestos fibers in the workers' lur:;s," ac- of ir.spectors would allow OSHA to m2mtain its present in- cording to the American Cancer Society researcher. spectlon rt>te and to expand its coverage in such Workers at the facility were exposed only to or.e variety of "~igh-hazard industries'' as construction and grain asbestos, amosite, accoriling to I!'V:ng Seli}ioff, ?1lt. Sin2i eiev2tors. School of Medicine, v;ho collaborated on the study with Seid- Mina Safety man and another American Cancer Society researcJ-.er, E. Cuyler Hammond. This determination was based on ~avy The Senate sui::wmmittee d!d not approve an amer.dr.1ent specifications and on records of the raciucts sotd by the offe,e-;i by Scr:atar Robert Byrd (D-WVa) to incre,;se the company, Seliko:f explained. . - ~lOSH budget to fund certa:n activities mandated by tbe F.;:leral .Min<e Safety and .He1:.lta Act of 1977. HEW previously had retus<;d !\1OSH requests for func!ir,g g,,. In a study of 17,800 American and C.anadi:in ins:.:!atfo:-i workers whose histories were fo!!owEd from 1943 to 1 2,270 deaths 11,ere observed CD!71p2red with the l,tiSO deaths for certain ;;.cti'.it1es required unc!er the new m.ne safety !av, e:-:pected, Selikoff also reportP.d. Cancer ,.:as the "most im- (Cu.-:-e!!t Report, Ju.ie 15, p. 6{). The House a.Isa did net in portant" cause of death, \Vith 994 c2ses observed rather t.han crease l'.\10SB.'s fundicg for these activities. the 320 expected. e. Qr;;r;;\JpQTOn'll s~'ety H<eolth Repo>li,r oo;s-3::37/731,co so \ -~ ~.:,_3-"', -- J - . ., l..Uo'tric1\II rH:t'USf The c~ncer mort.1l!tie~ inch:de-d 175 ceaths from pleural and peritoneal rr:esotnel:oma, two forms uf cc:nc1::r lhut are e~tremely nre i:i L1? general populatwn, nccorJma to the ;,,It. S[;-:ai researd:er. _ " C:iamical Main::>nanc,1 '.'for!<:/f'3 A study of H~ c;1err.ical pla:.t mair.~en.1nce workers in- c.icated nb~~rrr.~l chest X-ray findings among 43.1 percer.c of these w1cn direct asbestos ex:;i::isure, accordl:-:a to Ruth 1T-,.:,l.!.!S, ,:-..rt .c.:.:t:ia.J sc.i1. 0Q', of 1~-,ied:cine. Pl2ural ch:"rnges, in- c!ud:~g thic~~mr:g and calcific2.tion of the m~mbrar:e were four.d i.i 23 percE:r.'. of tJie total gToup. ' Some ~5.4 p2rcent of the maintenance y;orkers who h;:;d s~':'e asbe~tos exposure ilrcduced abnormal chest X-rnys, WTJle readmgs were abnormal for 24. 2 percent of those workers who were not exposed to asbe:stos, Lillis ddded. Chro:iic bronch1t:s rates were similar for both smokers and r.onsmo:-.ers, rn.th 23 percent of those who smoked ex- hibiti::g bronchitis. compared with 19 percent of the non- smokers, Lillis told conference attendees. Asbestos exposure involving maintenance workers presents a "very serious problem for L'1e future," Selikoff commented. b r.::iny cases, employers do not realize that products in L'-:eir facilities contain asbestos. The problem in- volves "a V<!St nu~ber of wor!~ers," because ii'! man: chemical plants tr.ere are as many rr:aintenance employee; as chemical wcrke!"s, Selikoff commented. Shipyard Hazard~ High rates of bng cancer ar.d cancer of the pharyn~'{ have been found in th.res-fourths of the U.S. southern coastal counties where shipy.;,ds operated during World War Il, accor- cing to William J. Blot of the National Cancer Institute. A study of ti:ese counties was initiated after NCI clemo5raprJc reso?arch showed an "unexpected-pattern" of hlgn cancer n:or...::lity clustered alor.g the Gulf Coast and on the l!.S. southeast :\.tla;itic coast, Bk,t stated. In addition to an excess of lt.::ig and pharyr:x cancer, high rates of bronchial, eso;ibgus. a::d storr:ach cancer have been nc.t::::d. Lack of i::forr:1a,io:i en foe smoking histories of cancer \ictims iii these coi.::i:ies has hampered the NCI study, but "it is unlikel? that su?0~r:g would accou::t totaily for the pattern," Blot comrn~nt;<l. Currently 1\"Cl is conducting a field study on the Georgia coast, ,vhere prel..::m:-:ar: figures show an excess lung cancer risk among perso:is who worked in shipyards in Savannah a7:d 8:-ur:swic'.< during t::e Second \Vorld War, the NCI scientist ar.nounced. Sorr.e 20 ;iercent of the 500 lung cancer victims interviewed by i\"CI so far rep_crted that they had sorked i'.l shipyarcs C:t::ir:g the war. );Cl is h2L:,,-,a:.- ttrcvgh another cas~cor:trol interview sh.:dy in the Tide,,ater area of Virginia, the location of tte :\"ewport f'iews, Va., :\a val Shipyard. Results of this project "should clan:y the s!'jpyard problem," Blot commented. He added that information on exposures at the shipyard should be less difficult to gather L'ian similar data in the Geo,gia study, because the :--:ewport ;-lews facility is still in operation. Other studies are planr.ed" in Maine, where lung cancer incider,ce is rising, and in Louisiana, where shipbuilding was a major industr; curi:ig Lh.e war, Blot noted. All persons \,ho have worked in shioyards in the Dast .,,-hatever their craft, face the r(sk of develcprng asbestos-related disease, according to Ph:llip L. Pola:.::off, Western Institu:e for Occupational and Environme:1tal Health, Berkeley, Calif. Ir. a study involvi.:ig 359 workers from shipyards at Hunter's Po:nt and :',!are ls land, Calif., 59 pe,cent of the err.;,loyees were found to have pleural and pa,enchymal ab::oroalities. 103 The .ibnormalities "were di;;tri;_rnted >2~ :!~!,- a:no;.:r ai'. 1J.:!- cupc1tiom,," inclu.:ing paintec::;, sailrn:::ke:-s, labo:ers m;!chc1nics, .-ind carpei1te.rs, PoJ;c1kc,ff scared. ' There was a S!5i,Jl!CJ:it iilCf"- 3Se in nt-' b....n. -r.o- l ,-h1nc:"- ... ;,J1 1-Y. \.J (. ~--~ age, t~e rese.:i,cher of adv:mcrng cor.ti-;:;ed \ ;,;-:, Ra4i, 1,.~1r1--~,. '""- ... -::::,~ ......... p2' rern,:,cdhy.,m. ::d:<i>l ct: .. nges c,-;ont wf 1;5'"(0!:':',c1o".r.uecl b:.,> ,:--"""'~';a-"". r,c '-=>'~~ _,, - Cur. - m vP~--- c, a5 - n1s d1i _,cre.~.e.~_c. .',-_' ..... ~. r::<!'i b=- ex- plained, Polakoff tht:>riz-=d, by the oo.:r,ib1',t'r t..,:.~ . ,:;:. s-,_"r-= inadvertently used a se!ect groupof :,rn;:,,_;rs-;.[th' -at,;0-:_ ma!it1es in ail age gr(H.!ps. TC.e changes ..11so rr:.ig:?.t h..1 1 . , - ~ ~'=e~ due to factors other tr.2:-i a;;,!:Jestos, such as cig2,e,t~ sr:i::;kir:g or exposure to other to:jc .:i5ents. G,oton St!Jdy An increase ir. p~eural and peritonE!al ch:rn6es corres:,ondlng to long~r periods of time iron~ first e:~po;;ure to ast:e.stos was found in a study of 1,000 workers fr::nn the Electric Bo.?tt Company shipyard at Groto:i, Conn., Irving Seli.koff reported. Abnonnalities were found in 43 perce.:it of Lie wor:.::ers whose first exposure to asbestos occurrec less than 20 ,ears ago, the Mt. Sinai researcher stated. The rate incr?a{i=<l to 50 percent among wo:kers first exposed more than 20 years ago. Abnormalities were found in ail trades, but there were r.ot enough ,,orkers from any one group fu comilare l'1e i!! cidence rates a:id tbs identify any ',Yorkers who might be particularly at risk, Seli'.wff noted. Comparbg lung cancer rates arnon_g s::ipyard wo:-~ers with those for in:su!ation workers not err.;:,byed in shi;,yards, Selikoff said he found tte rates very rr:c:ch the same." Some 153 out of 500 production wo;kers at the U.S. ,.;a1;' shipyard at Long Beach, Calif., have b~en fou.::d to ha.-e asbestosis, acco~:::ing to a re;Jort by Jear. s_ Felton, ~asal Regional i\-Ied!cnl Ce.::ter. The Navy bcg,in a stt1d:, o[ workers at fae shipyard in Ju;ie l!l"77. X-rays have been ta!.:en for 63 percent of a!l th~ work2:s a.t th"- ,shL1-n:,>Jvard , c-.-~al ;u,...,\,,,,.,_~~-.-..a.. u~.~l-.~-.-o"-m~::1,. f'.,~,\:-,1;"-,1-.~-:-:i .;. \,.)-; 1.6 p0~"-c-"h't of t:ie wori1<ers thus far ex:imrned. me .10:D:-m::1:it1es sr:o,;: a !ir.ear increase by ~c,;e. occurring in 34 perc~:.t of t.hme workers er:1;:iloyed nt t~e f::!CiL~y for at l2.:!st : 7 y2:i.rs, Ft:i:ou repurted. The ~a;y h')iJ':!S to tatc X-ra:,s cf the rcrr.a::-.:r.6 \Yorkers during t:le r?ext month, con!Erer:ce :itte:idees \;'"ere told. HlCi-i-l!=Y.:L OFrlC!Al;:l COi'iCl:ii;'-l~:J 0Vc8 R::GULlTl ON C03TS, !fJDlJST2Y S.!. YS Rt::cent contro;-ersy o..-er foe Occu;a~ior.al Safe~r ar.d Heau:, Admir.i.strat1oi15 co~ton Gust sta:1d.?.rd ciemons~~tes the concern "at the h!ghast levels of Goverr:rnent'' for the economic effocts oI regulating, OSHA's l:.e:irir.g on a c:ircinogens policy \ms told Ju:ie 26. Richard Zc:c'.<:hai.:ser, a witness for the Am<::-!can Petroleum Institute, predicted "years of deby i.i lit:gatrnn" for the proposed policy unless OSHA atterr:pts to analyze the costs and benefits of the proj::osal and tr:es to estimat2 mks to workers. Individual firms 2rd '.~e American Ind'.!strial He2itl: wrn- cil, an umbrell;;-groq cf com9anies and t,ade asso,-:!a iicns, earlier had prese:ited the first testimony from j;e b:.:si::2ss sec tor as the he:1nng:, c0ntir.ued into the 5e-::-ond nonth (Curre:it Re;iort, Jur,e 22., p. 86). Zeckhauser, a oolitical ecor:om1st from Ha;-,;ard L"ni,;es:ty, ref~rr2d d'.lring his test1:.1ony to Pres.cer.t Ca:ters i:ivolvement in t.!,e OSHA cotton dust star:.-Jard a.,d che re\:ew Cop'{nght 1973 b( T 0.e 8,reau of Nat1onzl Ar.air-,. Inc. 0095.3,3717a:soo so