Document NEQR0ojr3LEKVXJn6BdG41Y5D

Sk\ ASBESTOS INFORMATION ASSOCIATION "4CHTH XMP1CA 835 < Street. N.W.. Washington. D.C. 20006 (202) 223-4885 3GAUD OF DIRECTORS MEETING June 10, 1975 Stcuffer's National Canter Hotel Arlington, Virginia notice, a meetin of the Beard of Directors was 1975, in Stouffer National Canter Hotel, Arlinc- The following Direcncrs were present: uchr. .-i.utry (for Dimitry Poutiatine) Georre Barce Joseoh M. Ciskowski William Clark Thomas A. Dougherty Dennis E. Eldred William Fassuliotis A. H. Fay Clarence A Herbst, Sr. John W. Hollingsworth A. R. Hooker C. G. Morgan Robert: B. Pilmer J. L. Rainey Kurt Schwarz Marrin J. Sendecki D. Tijumelis (for T. K. Lindquist) C. Fred Workman Johns-Manvilla Corp. Atlas Asbestos Company (Mont. Jim Walter Research Corp. Asten-Hill Ltd. Certain-teed Corporation Vermont Asbestos Group GAF Corporation National Gypsum Co. Resinoid Engineering Corp. Dresser Ind. (Magcobar Div.) The Flintkote Company North American Asbestos Corp Garlock of Canada, Ltd. Amatex Corp. Supradur Manufacturing Co. Congoleum Industries, Inc. Borg Warner Corp. (Borg & Beck Div.) Nicolet, Inc. Also present: Guy G. Gabrielson, Jr., Nicolet, Inc., Chairman, Asbestos Regulation Task Force; William B. Hoffman, National Gypsum Company; C. F. Wilson, Esq., Jim Walter Research Corp.; Joseph A. Artabane, Esq., Cadwalader, Wickersham & Taft; R. (H. Mereness, Executive Director, AIA/NA; and B. J. ?igg, Administrative Assistant;, AIA/NA. Page Introduction The meeting was called to order at 9:01 A.M. Mr. Dougherty stated that Mr. Noel W. Hendry, Johns-Manvilie Corp., had advised his assignment to General Manager, Mining Division, a position that would preclude his further active service on the Board. On motion, Mr. Dimitry Poutiatine was elected to succeed Mr. Hendry as the Johns-Manviile representative. Mr. Dougherty expressed appreciation for the outstanding contribution Mr. Hendry had made to the Association. Minutes On were a: .ion, minutes fo the preceeding meeting, March 26, 1976 ved as submitted. Financial Reccrt Mr. Barge reviewed the financial rspcrr (provided in folders) fcr five months ending May 31, 1976. He projected income and expenses for remainder of calendar year noting most line items tc be within current budget except for printing and OSHA task force expenditures. He said expected publication inventory sales and budget accrual should result in an end-year balance fcr ohese items. As of May 31, 1976, the Association had a cash balance cf $27,541 plus accounts receivable, prepaid insurance and expense fcr a total of $34,350. Total liabilities were $39,450 for a net worth of $15,400. Mr. Barge said he would address certain considerations pertaining to the current budget as a later order of business. Nominating Committee Mr. Dougherty explained the requirement for election of Association officers at the annual meeting in September. The following were appointed to serve on the nominating committee: George Barge (chairman), W. H. Beasley, J. L. Rainey, and Kurt Schwarz. Remarks of the Executive Director The physical layout of the new Association headquarters were described noting that adequate space was now available for meetings of 15-20 people and that there was significant work and storage space for present and anticipated needs. Attention was invited to the Court order in folders dis missing the Association as a defendant in the case of Shoup vs. Johns-Manville Products Corp. et al. Attorney*s fee or $2,510.30~ was" submitted by the law firm of Kirr, Wattles, and Russell, Detroit, Michigan, and will be billed through AIA/NA's counsel, Cadwalader, Wickersham & Taft. produced _ JM - 83 Page 3 Rev 7. Weston, Inc. , firm than prepared the technological feasibility and economic impact study support of the Associ ation's response to OSHA on the proposed asbestos standard, 1 proposed they be retained on a consulting (minimum contract) ' basts at a cost of $3,000 per annum. The Executive Committee at a meeting May 25, 1975 considered and declined this proposal. Weston has been so advised. The CCNSAD Research Corn's Inflationary Impact Statement (IISi on tie proposed revision to the asbestos standard has yet tc be submitted in final form to CSHA. Submission is due in 2-3 weeks. "Best information" now indicates public hearing on the standard will not be before September. Contract for necessary IIS on forthcoming proposed asbestos standard for construction industry has not been let by OSHA. CONSAD has submitted a pre- .imitary work statement. A report was given of an EPA .tews conference held Aoril G concerning asbestos in drinking water of selected U.S. cities _n study conducted by McCrone Associates. A listing of all federal government contracts for asbestos-health studies is - * --' "* --aW Among sn-geing special projects mentioned were: revision of Asbestos and Health" booklet; development of a recommended work practices oocklet on asbestos containing- sealants and gaskets? revision of the pamphlet, "Asbestos and 3rake Linings"; and publi cation of J-M prepared "Recommended Safety Practices for Handling Asbestos Fiber" and "Asbestos Occupational Health Guide" under AXA/NA signature. Directors were encouraged to make use of the pamphlets and other infonnational/educational materials available from the Association, including recently prepared excerpts (for warding latter, summary and recommendations, and medical statement) r ren tne Association's response to OSHA on the proposed revision :o the asbestos standard. All are available in quantity. Several news clippings were brought to the attention of Directors as examples of continuing adverse reporting on asbestos usage. Mention was made of the recently announced merger pro posal fo the National Association of Manufacturers and U.S. Chamber of Commerce. AXA/NA enjoys good working relationships with these organizations. Ratification of Actions Mr. Dougherty stated the ballot response of members to the proposed establishment of an AIA/NA sponsored program for legal assistance 'hereinafter known as Legal/Medical Research Program) in defense of litigation alleging injury because of exposure to asbestos fiber as presented to Directors at meeting March 25 was highly favorable. In addition, he set forth the reasons for increased office space requirements for the Association and that the Executive Director had negotiated a five-year lease ` Pace 4 effective as of June 1 with his approval. He explained the necessity for ratification of these actions and read the following statement; "Resolved that all the actions of the officers, agents and attorneys for the corporation with the date hereof are ratified and confirmed in all res pects regarding the following: the formation of a program to develop a legal and medical bank of information for use of the membership and the authorization of the Executive Committee to form a Legal/Medical Research Committee to oversee the program and, secondly, to execute the lease for the new office premises." Comments and/or questions were invited. On motion, the above resolution was approved. Mr. Jcughercy announced than the following had agreed to serve on the Legal/Medical Research Committee; Guy 3. Gabrielscn, Jr., Nicclet, Inc, Chairman Dennus H. Markuscn, Johns-Marvilie Core. C. ?. Wilson, Jim Waiter Core. Wolfgang A. Guenther, Ravbestos-Manhattan, Inc. John Chiaestsr, Brunswick Fabricators, Inc. C. J. Pcntz, Certain-teed Core. Legal/Medical Research Program Mr. Gabrielson noted title "Legal/Medical Research Program" better defined the work and objectives for this effort than "Legal Assistance Program" as originally identified. He re ferred to the sequence of events leading to formalization of this program with Cadwalader, Wickersham & Taft and stated the arrangement could be terminated at any time. He cited pre liminary work being done by Wendell B. Alcorn, Esq., of (* Cadwalader, In this connection , he emphasized advantages for developing state of medical art defense and referred to efforts expended to obtain professional expertise to prepare a compre hensive paper on chronology of medical knowledge regarding as bestos-related diseases. Mr. Gabrielson siad Philip E. Enterline, Fh.D., Professor of Biostatistics, University of Pittsburgh, had agreed to work on this project. Dr. Enterline has recommended Ian T. T. Higgins, M.D. of the University of Michigan as a parti cipant and stated that a doctoral candidate at the University of Pittsburgh would be available to assist. Mr. Gabrielson said \ Dr. Weill concurred in the Enterline-Higgins team. Dr. Enterline estimated completion of the paper by year end at cost of about $6,000. Estimated cost of the overall program remains at $50,000. A discussion period followed. Mr. Gabrielson said it would facilitate the work of Mr. Alcorn if he could have ready access tc- information concerning asbestos-related legal cases and produced ____ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ JM-83 Page 5 DL>-eC^crs were recuested to sc inform their representative attorneys and urge their cooperation. He also said Mr. Alcorn would not serve as counsel for any AIA/NA member company in order to avoid any conflict of interest. Mr. Artabane said he.would provide the Executive Director with examples of data available from Mr. Alcorn, and estimated costs for use by members. Mr. Dougherty expressed appreciation to Mr. Gabneison for has outstanding contribution to the development ana estabiishmenof this important program or tie Association Report on Meeting of Asbestos Subgroup> OSHA Advisory Committee on Construction Safety and Health, June 2-2,1976 San Diego, CA In addition to an Association team cf Mr. Gabrielscr., Dr. Weill ant Dr. Rhodes, a team from Johns-Manville including Dr. Kotin, Dr. Chase, 'lilt Trosper, and Dick Carter attended the meetino snd made presentations. P.eocrtinc on the nestinc, Mr. Gabrielscr. said we can r.ct afford' to ignore what happens in one construction industry; there is a need for a uniform asbestos standard for both manufacturing and construction industries. The need has world-wide implications. He commented on the identity cf the subgroup members and CSH.A representatives. The methodology used by the subgroup was to review the proposed general industry standard item by item and attempt to ascertain applicability to the construction industry in conjunction with their recommendations as submitted to OSHA of September last. The subgroup reaffirmed their position that a 2-fiber d/cc asbestos standard should be establishe for the construction industry and "tailored" or eliminated sections cf the general standard that were thought unrealistic for the con struction industry. The subgroup will present its recommendations to the full OSEA Advisory Committee on Construction Safety and Health which in turn will formally submit to the Ass't Sec'y of Labor (OSKA). Meeting of full committee to hear subgroup report was announced in Federal Register of June 11 to be held June 29 30, Washington, D. C. AIA/NA memo dated June 14 refers. r Mr. Gabrielson said he considered the greatest opportunity for an impact on an asbestos standard for the construction in dustry would not come until a formal proposal is issued bv OSHA after reviewing the Committee report. He said the Association should start its response planning now. in this connection, he had recommended and the executive committee aooroved establish ment of an Ad Hoc Committee for Construction" under co-chairmansh-' p of Dr. H. 3. Rhodes. Dr. Rhodes is authorized to seek additional " committee members, in consultation with the Standards & Technical Committee and other experts in the construction industry, and recomme.na full committee membership to the Executive Committee. Mr. Dougherty invited nominations from directors for membership on the AIA/NA Ad Hoc Committee for Construction. ? ace o Revision to Asbestos- Standard Mr. Gabrrelson reviewed development to data and current status c: OSHA's proposed revision to the asbestos standard. He pounced our that AIA/NA had recommended deferral of issuance oc the general industry standard until promulgation of a regu lation for the construction standard. OSHA officials have in dicated that this is net politically feasible. He said the issue or seeking an injunction against OSHA to force a delay of the general industry standard until a regulation for the construction industry is promulgated had been raised by Johns-Manviile Corp. The Executive Committee had concluded that AIA/NA would not seek suer, injunction, the consensus being that uncertainties confronting the general industry should be resolved as soon as possible be cause cf the adverse effect new taking place in customer relations and the length of time which would undoubtedly be required for legal proceedings. A legal challenge could be made subsequent to issuance cf the general industry standard. Association decision and reasons therefore will be transmitted to Johns-Manviile by Mr. 'jsmeusen. Mr. Gabrielscn also addressed public hearing technicalities and Association planning. Several persons were mentioned, in addition zo Mr. Gabrielscn, as possible participants to include Bra .--Kotin and Weill, U.X. experts. Dr. Gerald R. Chase and Dr. E. 3. Rhodes. He will coordinate with Dr. Kotin in the develop ment of a presentation to avoid duplication. Mr. Gabrielson made reference to an important meeting with Mr. H.D.S. Eardie, Chairman, Asbestos Information Committee (U.K.) for June 21 in Washington, D. C. as it pertains to the hearing presentation. Mr. Dougherty added that the Executive Committee was of the opinion than the industry should strive to present a responsible impression at. rhe hearing and demonstrate concern for the well-being of both employees and customers. ' Association Membership/Bv-Laws Mr. Dougherty said the Executive Committee had given consideration to possible revision of the Association By-Laws in order that associate and affiliate memberships could be authorised if desired by Directors. As a first step in providing this authorization, a modification to the Certificate of Incorporation of file in the Stats of Delaware to provide for more than one class of membership is required. In addition, he explained that the statement of purpose in the Certificate of Incorporation is in need of updating. Mr. Artabane outline details as to required legal procedure. Mr. Dougherty said other changes appear to be desirable in the By Laws. He said Mr. Artabane, in coordination with the Executive Director, would prepare a proposed revision of the By-Laws for consideranion of Members. Pace 7 It was the consensus fo the croup chat the addition of classes to membership would he beneficial to industry interests and the well being of the Association. Formal consideration of possible changes to the By-Laws could be made at the meeting of members in September. Activity Area Records A. Education and Training - The Executive Director encouraged utilisation of the new J-M film, "Working with Asbestos" and the distribution of other materials available from the Association. B. Standards 2 Technical - Next meeting of the Standards 2 Technical Domninzees as June 23-24 in the Association office. C. Financial A.ffairs - Mr. Barge referred to previous decisions whicr. rest-tec an significant chances tc the 1975 budget. At the Association1s meeting, February 4, 1976, an addition 25,000 was approved for the contingency funds/special projects line item in support of the A2A/NA resccr.se to the OSHA proposed revision of the ascesccs standard --bringing the figure to 3100,000 vice 375,000. As earlier noted, the estimate cf 350,000 to support a legal/ medical research program as initially presented at directors meeting or. March 26, 1976 remains reasonable. He proposed that S25,00 be budgeted in 1976 and the remaining $25,000 be included in the 1977 budget. At the Directors meeting on March 25, 1976 the 1976 - membership dues rata was approved at 2.5 mills resulting in an Increase cf income from 3254,000 to $274,000. In addition, financial constitutions through May to the AIA/NA OSHA asbestos standard task fores were received in the amount of $24,000. This income is net reflected in the current budget. These items provide an increase of raciepts in 1976 from $235,000 to 3308,000. The additional receipts result in an ex cess of projected receipts ever expenditures of $29,540 as opposed to $1,540 now indicated. In view of above fiscal changes, a revised budget for 1975 to sc reflect was proposed and aooroved by motion. (Copy of revised 1976 budget is attached.) D. Membership - Mr. Workman reported the current Association membership is 33. Two companies have resigned within last month; One is due to misunderstanding of dues structure and is a candidate for associate membership, and the other resigned for personal business reasons. The latter was current in dues oavment and has contributed $2,500 toward AIA/NA expenses in resccnainc to the proposed revision to the asbestos standard. produce JfA - S3 P iae 3 A total of $25,195 had been contributed to this effort to date. He encouraged Directors to assist in recruitment of new members in the Association. , E. Medical/Standing Committee, International Asbestos Information Conference - Mr. Marsh was-net present due to his- attendance as Assocratron representative at a meeting of the Standing Committee, International Asbestos Information Conference. The Executive Director read a statement received from Mr. Marsh by telephone on Dune 3 concerning the current adverse publicity against the industry in the United Kingdom. F. labor Relations - Mr. Dougherty said he had nothing new to report except to raise the matter of labor attendance at the up coming annual Industry-Government Conference. He and the Executive Director will call on Mr. John K. Sheehan, AFL-CIO, and explore the possibility of his attendance and participation. Mr. Roy J -teinfurth, International Association of Heat & Frost Insulators and Asbestos Workers will also be invited. G- Industry Economics and Technology - Mr. Fay said he has been in contact wrth Mr. Thurber and suggested inclusion of certain technological items in the agenda for the conference in September. A listing of manufacturers of dust control equipment continues in preparation and will be available for distribution in the near future. Third Annual Industry - Government Conference, Seot. 9-9, 1975 Mr. Dougherty presented a proposed program format which would include: dust control, monitoring, industrial hygiene, European view of the industry, marketing forecast, asbestoshealth update, AIA/NA Legal/Medical Research program. Dr. Corn (OSHA) and Mr. Train (ERA) will be invited as luncheon speakers. Plant Physicians Conference Mr. Dougherty said the Association continues to plan for this conference. He explained that work on responding to the proposed revision zo the asbestos standard had delayed its scheduling, however, a time and place would be determined following public hearing cn the standard. Adjournment There being no further business the meeting was adjourned at 2:10 P.M. Next regular meeting of directors is scheduled for September 8, 1976 to be followed by'the'annual meeting and the Third annual Industry-Government Conference at Stouffer's National Center Hotel, Ar^ington^ Virginia R. ^^ersness . Executive Director June 15, 1976 . . produced s?mS3 - S3 ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA , - 1976 REVISED BUDGET (Board of Directors Meeting -6/10/76) January 1, 1976 - December 31, 1976 RECEIPTS Membership Dues Interest Income Publications Income Conference Income Cc ntributicns Total Receipts ' "$. 274,000 3 *500 .4,500 2,000 26,000 310 r 000 DISBURSEMENTS '-V;:V;V Salaries & Administrative Extenses Staff Salaries ' .$64,600 Temporary Help `' ' - 1,500 Pensicn Plan "' ' ` . 2,300 Payroll Taxes - . . 2,760 Insurance - Group " '' 3,475 - Total Salaries & Administrative .. Expenses - .. Rent - \ ' ' .. ' ' ' General Office Expenses-' ' _ " ` Postage ., 3,000 Telephone & Telegraph. . '' - 4,10Q Stationary & Supplies . ' 3,800 Office :' 700 Office - Equipment,Furniture,Moving 4,000 Office Machine Rentals - Xerox .6,000 Insurance -- Other * _. ~ . . *. 100 Clipping Service. . "' /V. ; . : . .1,500 Subscriptions & Publications / - .'2,400 Association Memberships :; ; ' 6,775 Total General. Office Expenses 'Travel. Meeting Expenses - _. *V ~ : Travel .; Executive Committee*,^Board s 7 Vi -5/500 ;/' - "Special. Meetings .IV ; 5,000 ; .Total Travel & Meeting Expehses ^ '/ 'Printing *" " ........... "" ' "' /^Federal-State7 Reports::"v- ' 75,135 6,400 -32,375 10,500 19,000 . 600 n ,,L: