Document Nak5aD97kw4JOkE5VwrMQDmg

General Meeting June 7, 1973 Key Bridge Harriott, Arlington? In___Attendance 7MATEX CORPORATION W. Maasskant s M. J. Scanlan a, a. Walter GjJ^LOCa XkC. S. G. Dixit A* Kuzmuk BELL ASBESTOS MIITES LTD. U. H. Smith lake E. R. C. asbestos of A. Farrell Lofebvro E. Stiefkcn oufcec ltd. (Asnrco) joans-m?tf$v1lle corporation C. G. Guerin C. P. Jackson J. P. Power (C.J-M) V?. B. Reitze V?. C. Streib NICOLF? INDUSTRIES, INC. . W, Russell J. K* VRiittaker H. K. PORTER COMPANY, E. C. Eratt D. E. Childers J. W, Echercl L E. Moody INC. ilAUUFACTURAS MULTIPLES S.A. R. Arnal Olivo CADWALADEH, t/IOnEP.SNAM & TAP? E. J. Leff AMERICAN SOCIETY FOR TESTING AND MATERIALS P. 0. Nicodenus ASBESTOS TEXTILE INSTITUTE D. H. Fagan, Executive Secretary PAYBEST05 -^JBIATTAM, i: IC. H. M. Brooks J. V?. Franpton, Jr. J. W, Nav/kins "R. T. Matthew It. Q. Sccv/croft I. H. Weaver UNIROYAL, INC. W. D. Rittinaer 3. E. Carden L. F. Dieringer E. A. Morris GUESTS OF THE A.T.I. Asberit S.A, Marchallo Cattanoo Adorno Asbestos Information Association/North America Matthew m. rv/etonic Industrial Safety Equipment .Association Charles N. Rurr.ualt, 7r. ASBESTOS CORPORATION LTD P. E. Leclorc n.S. Bureau of Minns Robert A. Clifton Total attendance during the t^o-day nesting was to people, including 10 wenori and 3o men - representing 10 ccnpanios or associations. Page 2 ATI General Hooting C/7/73 M I I! U 7 n s 1. The General Hooting of tho Asbestos textile Institute was called to order by President M. Q. Ccowcroft at 1:00 P.M., Juno 7, 1973. 2. President Scovcroft welcomed tho members and guests in atten dance and introduced four guests? namely, Matthew M. Swntonio, Executive Secretary, Asbestos Information Ansociation/Porth America; Harchello Cattaneo Adorno, Asborit E.A.? Robert A. Clifton, Division of Honnetallic Minerals, U.C. Bureau of Hines; and Charles Sum- wait, Jr., Secretary/Treasurer, Industrial Safety Equipment Association, and member of its Safety Hearing Apparel Product Group. 3.'Following pant tradition. President Scowcroft asked each number in attendance to rise and state his nano and company affiliation. 4. President 5cov?crot called, for the reading of the minutes of the last stated General Meeting* It wan moved hy A. Ruzr.uk, seconded by T. P. Jackson, and so carried, to dispense with tho reading of same. 5. Treasurer B. A. Morris presented the Report of Funds of the Institute as of April 30, 1973. C. E. fJti^fhen movtd the report accepted. Tho notion was seconded by S. G. Dixit and so voted, unanimously. A copy of tho full Report is attached to those Minutes. be C, In the absence of l7, P.. Alcorn, the Legal Counsel address ^as given by Eugene J. Leff of Oatfwnlndor, Pickorshan r,, Taft. The full text of his report ic> attached hereto. Mr. Loff discussed two cases -- one concerned with the illegal division of the market, and the other noting a connection between anti-trust, violations and the private exorcise of governmental power. 7. I7. H. Smith, Technical & Sales Representative', Doll Asbestos Mines Ltd., delivered the Fibre Producers' Report (see attached). Hr. Smith stated that crudes and ultra-long spinning fibers continue to bo in short supply hut medium and short spinning fibers from Grades 3F to 3" are in fair supply from most producers. Mo shortage, in those grades is foreseen for the remind x of this year and a chance in the situation is not indicated, a. the wrcs*'nt tire, for 1974 ^ 0. Pursuant to calling for Committee Reports by the respective Chairmen, President Rcovcroft advised that C. G. Guerin had replaced I. Barnett on the ATI Technical committee. 9.The following reports of ATI activities at the Committee level were presented by the respective Chairman to the general m.v.-rl oruhip. 7. copy of each Report is attached hereto, i.e.: Page 3 ATX General Meeting f/7/73 Mr Hygiene A Manufacturing - H. F* Cardan, Chairman; Asbestos Advisory - r. U. Russell, Chairman? Technical - J. Yt, Lchord, Chairman; Fiber Research & Testing - C. 2. Sticfkon, Chairman; Environmental Health - 1-. F, Disriisger, Chairman. 10. It t;as related by President Scov/croft that recent technological breakthroughs in basic yarn production techniques have influenced the Institute to seek wider representation in its membership. It was reported that ns a result, the ATI Hoard of Governors had approved a change in the Constitution and By-Laws 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 fahrics 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 Gcowcroft referred to the net; identification cards that had been given to each member in attendance;, asking that they be returned to the Executive Secretary for use nt future nvetings. 12. As stated by President Ccovcroft, there soer.s t:o ho some diffi culty with the postal process in that some reservation cards are not 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 Secretary v/ould receive a brief acknowledgment within approximately ten days' tine. If sane does not arrive in duo course, it would ho well to so advise the Decre tory. 13. The next General touting of the Asbestos Textile Institute will be hold: October 3-5, 1273 Uyclrnero Harbor Club, .larwickport, Massachusetts Guest Speaker will be Mr. J. Corbett McFonnid, Epidemiologist, McGill University, and Medical Advisor to the 0ueNc Asbestos Min ing Association. 14. President SScowcroft advised that every effort is bMnr, made to oblige the wishes of the non!ership-at-2arge by scheduling, when ever possible, future General Meetings of the Institute so that they end on Fridays. beginning in 1^74, future neo ings will be: February 7-0, 1974, at the Mills Hyatt House, Charleston, tonth Carolina; June 5-7, 1974, at Twin bridges Harriott, ` 'askinw tor, D.C.; September 25-27, 197', at 'tio Cloister, Dca Island, Georgia; February G-7, 1375, at Holiday Inn-Independence Fall, Philadelphia, Pennsylvania. Tentative future meeting sites include Por.to Vcdra Club, Ponte Ved.ra beach, Florida, in "'etcher 19 7 5 and the Marriott in How Orleans, houisinnn, in February 1P7P. 15 before introducing the Guest Gpnokor, President Gcowcroft re ferred to five booklet.''s that wore distributed prior to calling the Pago 4 -- ATI General Hooting -- C/7/73 mooting -to order. Just off the press, the booklets were published by ths AIA./iJA and are entitled: The Asbestos Information A.ssociation/Morth America, w^nt Asbestos Is--How Ancl '..'hero It In Used, Asbestos And Health, Questions and Imswers--Asbestos And Health, and Protecting The Asbestos TJorkor. Single copies of the booklets arc available from the AIA/UA, 22 .Hast 40th Street, Hew York, *\aw York 1001C {bulk*,rates on request] . IS. President Scowcroft introduced the Guest Epaakor: Matthew M. Gwotonic, executive Secretary, Asbestos Information Association/ North America. Mr. Swetonic (whose profile is, attached) discussed the AIA/i.'A, its formation, its history and the-.work it is doincr on behalf of the asbestos industry in the United'htates. Ho also talked about the impact of OGIIA and EPA regulations to control the amount of asbestos dust in the atmosphere, He discussed the ciuostion: Why has the Asbestos Industry been singled out by government, the press and various conservative groups? Ho stated that tine industry is passing through a crisis period in the U.G. and that closer ties between trade associations would be beneficial. Mr, Gv/otonic advised that he has boon talking with the press about asbestos and health since I960 and that out of 133-173 reporters, only 2 were over 3D. \.'e are dealing xrith a young and idealistic group, he said. From, a survey taken of the.'awareness and attitudes toward the use of asbestos, it van discovered that asbestos is relatively unknown to the general public. The situation changes little between urban and rural areas. It v?ns interacting to note that the survey indicated that those in the 1G-73 ago bracket know little about asbestos but that awareness increased in those inter viewed V7ho were between 40 and 4? years of ago. A copy of Hr. Gwetonic's presentation, in its entirety, in attached, to th'-nso Minutes. 17. There being no further business to bo brought before the irwu.iborship, the mooting was adjourned at approximately 2:00 P.M., as per a notion by A. Farrell, seconded by r, a. Morris, and. unanimously approved by the attending umbers. Respectfully submitted, M. :y Doris H. Fagan, <-y D: i;c u t i v? G an r^ t <. -y DOTE: Enclosed herewith is your copy of tins Constitution and Dv- Lews of the Asbestos Textile Institute, rovi.sod ns of Juno 6, 1973. Paragraph 9 of the- H;/-bAWs (pngs 7) is subject to approval by the Internal Mav.vnuo Service. asbestos tr. ill institute Report of Vur.ds ns of April 30, 1071 Balance on Hand January 2, 1973 -- General Fund Reserve Fund Petty Cash Tund Total on Hand . Receipts To reserve Fund -- Interest adjustment to 13/31/72 Dues for Tear 1973 To General Fund -- Boo!: r.ales ) Insurance Credits Total Receipts S 1,306.33 3,006.30 ion.70 .01 14,250.00 115.29 37.00 Disbursements Rental of Office Space (5 months) !} Telephone (4 months) II,J. Employment Tax (4th Otr 1272) Federal Income Tax (4th Qtr 1972) Toderal Unemployment Tax (Tear 1972) Federal Incor.e/PICA Taxes (1st Otr 1373) Pa. Unemployment Tax (1st otr 1973) Pa. Income Tax (1st otr 1973) Secretary's Pet Wr.cran (4 months) Insurance for Pev; Office quarters Postage, Printing, Office Supplies, etc. Revision of Fibre Tost Manual Legal Services T< Expenses (4th otr 1572) Secretary's Travel F::pcnn (2/72 moating) Petty Cash Vouchers 501-iC __ Total Pisburso.naivts . * . 270.30 135.97 33.75 70.00 15.00 102.02 5.25 12.00 503.00 145.00 210.00 26.02 0 0 7.4 C 175.10 0 2.05 * Miscalculation from last Statement .... BALANCE O'! HAND APRIL 30, 107 3 Tunds as of April General Fund Reserve Fund Petty Cash Fund 30, 1073 3 1,462.96 10,346.01 7. *5 TOTAL AV0ILAnLF FUNDS scats ns of April 30, 197 3 -- Total Funds as listed above Accounts Receivable (Boo); Bales) Furniture ? Equipment (nominal value) 21,3K. 92 6. on 1. *o TOTAL ASSETS . . TOTAL ij-.h 3ospectfully s ubr.lt t erf, )oris m, Paean LTM'TT.TOTF ut.m. w.'.'i' v'inrA' 5 9,553.83 6 14,492.32 5 2.3,006.13 0 2,686.21 0 21,300.02 7.00 $ 21,316.92 3 21,316.02 0 21,323.92 5 21,323.02 FILRH PRODUCERS* HEPOIIT presented at ATI General Meeting, Juno 7, 1973, at v.oy Fridge Marriott, Arlington, Virginia] There lias been an 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 the sane extent an the previously-mentioned 4 and 7 Groups, Of main interest to members of the A.T.I, are the spinning fibre Group 3 grades. Cruder* and ultra-long spinnings continue to be in short supply, but the medium and short spinnings in the 3F to 32 range are in fair supply from most producers. Mo 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 thorn will he a narked change during 1974 in spinnings; however, in short fibres, the current oversupply of <>J) fibres nay 'or. closer to balance ne::t year. One or two new nines in Canada arc scheduled to come into produc tion in 1975, but there is no likelihood that they will produce any spinning fibres. The same is true of now sources in Australasia. ''alter it. Smith Technical h Salon ''aprosor.tnt ivo Hell Asbestos Minus, Ltd, MIVUm c? AIR HYGIENE r. flAHUFACTURIHG CO!12!IT7EE Asbestos Textile Institute Juno 7, 1973 - - Key Bridge Marriott, Arlington, Virginia Tho Committee mot with si::teen members and guests in attendance, representative of ten companies/ as follows: Amatcx Corporation n. H. Unitor / Horristowr., Pennsylvania Asbcrit 3.A. M. Cattnnco (Adorno) , nio tie Janeiro, Brazil Cadwalacler, Hickernhan a Taft E. J. Luff, How York City . Canadian Johns-IIanvillo Company Ltd. J. P. Power/ Asbestos, Quebec Garlock Inc. 3. G. Dixit, Palmyra, I'ew York Johns-Hanville Corporation C. G. Guerin, hlanvilla, Hov? Jerscjy ,17. B. P.eitse, Denver, Colorado Lake A.fibestos of Quebec Ltd. E. A. Farrell, Hew York. City R. L. Lcfobvro/ Black Lake, Quebec 1J. I\. Porter Company, Inc. E. C. Bratt, Charlotte, north Carolina L. E. Hoody, Charlotte, north Carolina Raybostos-H.nnhattnn, Inc. R. T. Matthew?, north Charleston, Couth Carolina I. II. Heaver, tlanhcsin, Pennsylvania Oniroyal, Inc. W. D. Rittincer, Uinnnhoro, touth Carolina P. E. Carden, i'ogansvill.;, Georgia L. F. Dieringcr, Hidd.lebury, Connecticut The meeting included discussions in the following areas: dust (fiber) counts improvements, special checking, etc.; arid meant experiences with OBilA inspections. Hhon taking dust counts, one cowpanv nov is using a method of placing the filter intake valve near tho person's mouth and nose Pago 2 - Minutes of the ATI Air Hygiene r< Mfa, Comittfto - P/7/73 and in soma cases will use two units with the second on the employee's shoulder. Also, it V72s pointed out/ again, that the height of the person being checked has some boaring on the dust count. Dust on fiber samples, when 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, v?ith more variation on higher counts. Spacing of equipment, using a larger area and using a second unit to recirculate the air has shovui some reduction in dust counts. 'Then stripping cards, use hoods placed as low as possible over the area and strip with a brush attached to a vacuum. Pome plants utilize the Aldington systen when stripping cards. One plant reported the use of a light spray (7?-5>X) on mixes using roughly 2%, while another plant sprays carrier only with a mixture of water and ban-set. noth plants report sena reduction in dust as a result of using the sprays. In ci recent plant inspection by OOKA, ono company received several fines for the following items: 1) Gone employees with no respirators; 2) Company had not provided protective clothing in required areas? 3) Citations resulting in two 5700,00 fines for exceeding five (5) iibors in ono area and a timc-v?eighted average of over ten (10) fibers in another area. In some recent cases the OCXA Agency has reduced dust counts by 25% before actually issuing a citation. Some plants are using rental uniforms and lockers both furnished by the rental uniform people. The uniforms, two per employee each week, averages about 52.50 weekly. In most cases the rental uniform is a short-r.leovod shirt and pants only, and this has been acceptable. Hespectfully submit.ted, Huai r. Carden, Chairman PLAINTIFF'S EXHIBIT /*> ninutes ASBESTOS ADVISORY COMMITTEE Asbestos Textile Institute June 7, 1973 -- Key Bridge Marriott, Arlington, Virginia III ATTENDANCE: E. Russell, Chairman T* P. Jackson A. I'usrauk N. J. Scanlan II. 0. Scov/croft D. M. Fagan, ATI Executive Secretary E. J. Lcff, ATI Legal Counsel The Doard of Governors of the Asbestos Textile Institute took action at its September 1972 meeting to change the Institute's Constitution and fiy-Lnvrs. The change permitted weavers of asbestos-containing fabrics and tapes, for resale as such, who do not manufacture the asbestos yarns used in sane, to be eligible for Associate Membership. In light of this action, the Asbestos Advisory Committee* was requested to determine a method of extending membership. After considering several alternatives, the Committee ac cepted the offer of !l. Q. Scovcroft to prepare n news release for insertion in the July 1973 issue.- of agdesTOS magazine. The release will state the By-Law change and will publicly extend membership to those qualified and interested, T. P. Jackson of Johr.n-Manvilla Corporation will serve as Membership Chairman. Respectfully submitted, K. r. Russell, Chairman .3 PLAINTIFF'S EXHIBIT , A# M I H T3 T E S TECHNICAL COMMITTEE Asbestos Textile Institute Tune G & 7, 1973 - - Hey Bridges Harriott, Arlington, Virginia IK ATTENDANCE J* \T Hawhir.s, Raybostos-itanhnttan, Inc. T7. Itaackant, Anatex Corporation P. o. MicoGenius, General Electric Company/Af-TM * C. G. Guerin, Johns-Mnnvi.IXe Corporation J. V. Echerd (Chairman), H. It. Porter Company, Inc. Carl G. Guerin, of Johns-Hanvillo Corporation, vac, welcomed an n now member of the ATI Technical Committee, replacing Irvin Harnett. A special meeting of the Committee vns held on June ^th to review the ASTM Standards for Yarn, Aoving, arid Lap. The Committee's proposed statements on precision and. accuracy were approved by the Editorial Committee of AITM D-13 an being editorial. However, the statements vrero rejected by the AST.' Standards Editor who spe cified they must he put to latter ballot after assigning n schedule for intor-laboratory testing. The samples of yarn, roving and lap will be analysed by rtaybestos-U.anhattan, Inc., Arvatox Corporation, General Electric Company, Gariock Inc. and A. II. Porter Company, Inc. Testing should be completed prior to tho Spring 1974 mooting. The Johns-Manville tuniblor-test procedure v\as discussed as a moans to determine the relative dustiness of variou s asbestos products, J. ?. Hawkins will determine if this oguiprvan t is available for ATI evaluation. The feasibility of building a similar taster also will he considered. ASVH Subcommittee 7)13.14 has been rcauested by the t Maw to change 0-315 Asbestos Tapes to conform. with Federal Specification :`.H-T-17R2 so it nay bo used for direct procurement purposes. Ha- vision would require the addition of a gunlity assurance provision, a section on packaging ana an obsolete table on tar>n stvles. Tho ATI Technical Committee feels that thin information should not bo included in a "Material r.pncif ication." P. 0. rieouer.us '*ill re view the objectionable items with ATTM before replying to the Muvy A dra. w. of proposed Military Opacification MU,-7-3053)'--"Insula tion, Electrical, Asbostos-Eihcr, Treated and Untreated" was submitted for approve.!. Mho Chairman war, instructed to request an extension for comments until after tho October 1073 Committee moot ing . T* `)sncc tf ully submitted, J. fT. rcherd, Chairman Fim:n n Asbestos Textile Institute Juno 7, 1973 -- Ecy Eridge ttarriott, Arlington, Virginia IH ATTENDANCE: ''1. C. stroll;, Johns-Manville Corporation. *? H. Enith, Toll h*sbestos Mines Ltd* D. E. Childers, !I. K. Per tor Company Ir.c. C. E. Gtiefhen (Chairman), American lilting ft Ao.fining Co. The meeting was totally devoted to discussions or the progress of the 3rd Edition of the Chrynotile Asbestos Tost .Manual. It was noted that the AGFA (Asbestos Cement Products Association) has become defunct and all references to that, organisation have been removed from the not* manual. It was decided that for future test deletions/ a substitute page would be inserted into the manual, containing the previous test number with an explanation of the reason for deletion. It would be indicated that the tost could bo obtained from 7iTI, if required. Since ACPA is defunct, the ATI has, for the record, onroad to sponsor an original ACI'A test -- strength in Asbestos Cement Products, r-3. Test G-9, CSH Magnetic Pelting, has been approved for sponsorship by the ATI. The Test Manuel has boon assembled in rough form, requiring some editorial changes. This draft will now be reviewed by the ATI Fiber Research & Testing Committee. b'hon approved, the draft will be submitted to the printer for a reasor.r.bly-accurate cost estimate. All original typing, shotches and photographs will then bo assembled for printing, hopefully by the end of this summer. It will be he.pfui for the membership to submit copy ronuirorvw.ts to Doris Fagan as soon as possible. '"`aspectiully submitted, r . A. rtiefh.eji, Chairman ni??5AI*Kn OF COlTUPEi, acton Textile Institute General hooting June 7, 1573 Arlington/ Virginia At the February General Meeting in Atlanta, nondoii Alcorn prcscntcsc* to you remarks of counsel dealing with illegal divisions of territory among competing collars* The coses ho referred to than dealt with explicit agronnents in which tho nap was carved no among the soiling companies involved on the principle of "one region one company" The decided cases have hold 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 cpallod out. In Hobart brothers Company v. ilalcelrt T. Gilliar.d, Inc. , 071 F.2d Q04 (5th Cir. 1573), cert. ctanie?n 'll U.d.L.u. 3C?.i (.Gay-20, 1573), a distributor of welding equipment was assigned by tho i.ianufactursr "primary responsibility" for distribution in northern Georgia. r;hc natural commercial instincts of the fin'., however, led it to begin selling in Tennessee, which was not only outside the northern Georgia territory, but was within an arts a supplied directly by the manufac turer* Fventually, the distributorship agrecnnnt van cancelled by the manufacturer, and the distributor sued the manufacturer, charging an illegal division of territories. Tho defense emphasised the absence of a written contract prohibit ing the distributor from selling in any particular area. There ha bean such an agreement years earlier, but counsel had remedied the problem by drafting now contracts assigning "areas of primary responsibility", which, did not on their face limit sales elsewhere Tho courts nevertheless held the nrrnngonnnt to bo illegal. Tho Fifth Circuit Court cf Appeals stated that "A silent understanding can la shown by tho course of conduct of tho parties." The* chief damaging evidence was an intra-officc morn 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 ir. tho distributor's territory, northern Georgia. this on s i is thn.t conpli ancc wit .ssuo is prions, di s tri) >u tion shames, refusals to Goa tain COmpaniec, or ary ft them ionoitiv*a trade rouulati - is no t achieved by nor olv fori'. I? o f trnnsyn: os sion. Gar-' *ounh unexpressed understandings as 'roll. having mentioned violations of the lav through more devious moans, which se'jrts to no appropriate at this gnthuring, so close to tho ./atergato building, I would like to note another connection t.otween antitrust law and volition. Page 2 - riinutes of the A-'I Dr.vironiricnta 1 health Conriittee - 6/7/73 morbidity data, no nev? reported adverse connents and initia tion of nev? studies not available for a mir-hcr of years, the subcommittee on asbestos stated, "It is therefore rocomx'endod that no changes he made at the present tine, hut that the standard he kept under review," 3) Pages S-17, Eiologioal Effects of Cancer - P.eport of the Advisory Committee on Asbestos Cancers to the Director of the International Agency for nosearch on Cancer - P.eport divided into t*o parts, the first a quostion-and-nnsver section devoted to the latest thinking on the relation of asbestos exposure and cancer, and the second to recommendations for future research ir. opidom.iology, pathology and physics and chemistry of asbestos-related cancer. P.ospoctfully submitted, 7, hierirger, Chairman PLAINTIFF'S j EXHIBIT 3 AO ENVIHOHMENTAL HEALTH COMMITTEE Asbestos Textile Institute Juno 7, 1973 -- ICcy Bridge Harriott, Arlington, Virginia JIo formal meeting of the Committee n*nr, ho 1C, and. the throe menhirs sat in on the discussions of the Air Hyqieno G Manufacturinq Committee. ;.s of mooting time, the following is the status of various pro posed OSTIA occupational health standards which are of interest to member companies: 1) Mois-a -- A Department of Labor standards Advisory Connittce is meeting periodically to consider this standard. At its mooting in Boston on May 21/ 1D73, tha American Confer ence of Governmental Hygienists (ACCIH) roconnandod the adoption of a notice of intent to change the Morse Threshold Limit Values to C5 dllA for an 0-hour-n-dny, tine-weighted exposure. .At the- CCT1A Standards Advisory Coroittoo mooting in Washington, D.C., on May 30, 1073, Lr. V. H. ''ildyard, Committee Chairman, stated that tha level of exposere to noise for employees will pro'.ably remain at 90 CPA., 2) Heat Stress - j'.CGIH also recommended at its Boston mooting the adoption of the heat Stress Threshold Limit Values which vjorc published as a notice of intent in 1972. It differs slightly from those recommended by PIO-Pi: in its criteria package in that permissible work-rest regimens are spocifiod. The* status of the proposed standards is clouded by recent criticism that the TTGT index: is not a.n adequate indicator of heat stress. Proposals have bean neb that sweat rates and heart rates are more indicative of heat stress. Accent articles of .interest from the Annuals of Occupational Hy giene, Volume Id, 1973, house organ for the British Occupational hygiene Society, are: 1) Pages 1-5, Hygiene standards for Airborne Arosito Asbac tors Lust - "The subcommittee (on asb^sto.s) -jar, reviewed the . information on human exposure to airborne Anos.ito dust and animal 'experiments. The suhcomm.itt. i '.cliches it: lias insuf ficient knowledge of the r< latiorship \ ofv-en airborne- Amosi to dust exposure and the risk of asvostosis to pv.rm.it an. accurate statement of tha degree: of protection afforded by -a specified hygiene standard. bovortholess, on the basis of comparisons bet,oun the affects of Amosito and Ehrysotilr dust on and animals, it i.-> rocorj'Kmdod that the standards cn Arr.osito sho'uld b:: no lacs strincent than those for Chreio- tila. ' 2) r-ago 7, Ueview of the: 7,yrTiuuo standard for Chrysotila Asbestos Bust - based r-'n iirlorrvitd/.'n <- Ouvboc ihu l:a1 i *;y -and PLAINTIFFS j EXHIBIT * Page 2 - Uanarhs of Counsel - ATI General Koefcing 6/7/73 Trade associations as veil as other ccnnorcial groups car*, run afoul of the lav; by assuming pov;r in their private activities which pro perly belongs to the government* The* early price-fining cases reflect the view that private parties should net be permitted to regulate sc sensitive a feature of the economy as prices* Similarly, any joint action -which excludes certain companies from important commercial benefits is viewed by the courts as the imposition of a punishment - which is a power reserved to the courts. In Fashion Originators1 Guild/ Inc, v, Federal ^rr.de Commission, 312 U.C>. 457 (1041) , for example/ a combination of manufacturers cf women's garments and manufacturers of textiles tried to prevent the copying of their fashionable clothes bv sc-callod "style pirates'*. The fashionable clothes group refused to sell their products to manufacturers ox retailers of garments who dealt with the competing "style pirates". The Supreme Court rejected the defense that such a practice was justified by the necessity of ridding the business of unscrupulous garment designers. The Court said: "... the combination is in reality an o;:tra-govornrcr.tal agency, which prescribes rules for the regulation and re straint of interstate commerce, and provides extra judicial tribtmnls for determination and punishment of violations, and thus 'trenches upon the power of the national legislature and violates the statute' (i.e., the Sherman Act]," 312 T\F. at 4C5. long as private companies 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. Eugene d, 7.off, Attorney CAP'lAhMDFP., ,ICAI-T.r:\V-l * TAFT PLAINTIFF'S EXHIBIT -MO_______ 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 Exi cu- tive Secretary of the AIA/NA as the major respon sibilities included writing J-M asbestos-health position papers, preparing speeches on asbestos- health for top J-M executives, working with J-M public relations counsel and learning asbestos- health literature backwards and forwards. WHY ASBESTOS ? PLAINTIFF'S 4 EXHIBIT 1 jo _ Mo* 9S~ A Presentation Before the Asbestos Textile Institute Arlington, Virginia - June 7, 1973 By: Matthew M. Swetonic, Executive Secretary /asbestos Information Association/ilorth America I am sure that many of you have asked yourselves, as I have asked myself, why has the asbestos industry seemingly been singled cut 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 baa? 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 ansvrer to the question of "Why us" Complex because it is a combination of separate factors. Simple because each considered by itself, quite obvious. is both complex and simple. throe interrelated but of the factors is, when 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. Let us lock 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 two forms of 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 asbestos to disease. In my office, I have on file more than 2,000 medical papers dealing with the health 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 Wow York's !*.ou t Sinai Hospital. Wet cnlv is Dr. Sclikoff capable of arousing the ire and moral indignation of the most conservative reporter or politician with his graphic descriptions and predictions of 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 corners of the nation, While Dr. Sclikoff has. in his zeal, unquestionably painted a far Picture than the facts vmrrant, wo should always remember ln his defense that the inr.o 1 nt-.ion he h.m snulyi nn f>- PLAINTIFF'S | EXHIBIT 1 V/0 _ Page 2 - TThy /Asbestos?', by M. !l, Swetonic, AIA/'JA Presented to the ATI at Arlington, Virginia - 6/7/73 more than a decade were and still are dying from asbestos related disease at an appalling rate. Such a situation would be sufficient to snake a crusader out of the most conservative of scientists. Finally, in the past decade there lias been a tremendous growth in public and governmental interest in environmental and occupational health matters. This interest has been translated into a scries of far-reaching laws affecting industry in a manner hitherto unknown in this or any other country. I believe it is accurate tc say that these new lavs# such as the Occupational Safety and Health Act, the Clean Air Act, the Consumer Product Safety Act, and others, have forever altered the concept of the free enterprise system as it was known in this country for a hundred and fifty years. Thus, in combination, those throe 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 er.cs 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 was 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. Selikoffs now famous 1964 seminar on asbestos disease at the Hew York Academy of Sciences. Ikiilc this seminar did nuch to prick tr.= industry's conscience about asbestos and health, the problem still remained one of limited public and press interest until around 1967, when the media began beating the medical bushes searching fer stories that would graphically portray American industry's supposed disregard for the environment and for" the health and safety of its workmen and the /unerican public. The asbestos-health problem was found to be tailor-made for such stories. As a result, starting with Paul Drodeur's infamous TJov7 Yorker article of March 1963, 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- Itanville 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. While 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 Hew York City to launch the Asbestos Information Association of horth /America, Page 3 - Why Asbestosby M. M. Swetonic, AIA/HA 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 would later develop with regard to OSKA and other federal regulatory agencies were as yet cr. 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. From this rather narrow initial public relations concept, the Association has grov/n in the last two years into an organization with priorities in eight major fields of endeavor. These are: Medical Affairs, Legai 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 an 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, Franco, international conference on the biological effects of asbestos, which was sponsored by the !'cria Health Organi zation. V7e also meet on an irregular basis with various medical experts ir. 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 nodical 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 now method of determining cr. individual's potential susceptibility to asbestos disease. Page A -- Why Asbestos?, by M* M. Swctonic, AIA, Presented to the ATI at Arlington, Virginia - The Association has also recently decided to contribute to sonc vtry exciting research into a possible cure for mesothelioma through electromotive treatment. This study is being conducted at Somerset Hospital in New Jersey. In the legal affairs area, the Association participated in an amicus curiae capacity in the lav; suit brought by the Industrial Union Department of the AFL/CIO against the Occupational Safety zr.z Health .Administration on the asbestos standards. In our brief tzz Association supported OSHA against the IUD, somewhat of a unique position for an industry to find itself ih vis-a-vis a governments! regulator*/ agency. Oral argument on the case was held April A ir. 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 consultant on environmental control affairs. At the present time, he is working with thw AIA/HA Environmental Control Sub-Committee on the development of a series of five Association compliance manuals on the OSHA standards. Last year, because of the v/ell established unreliability of the membrane filter nethed 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 ccrt:*_r. 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 the most favorable of measuring conditions. These results were to both OSHA and to the National Institute for Occupational Safctv and Health. A number of the recommendations contained in the stuV.for improving the accuracy of the method have been incorporated into a scon-to-be-released revised NICSII operations manual on fiber counting. In the customer relations .area, the total effect of negative pres* publicity ar.d government regulations on industry customers is still today rather poorly defined. Seme members of the Association ha*.a 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 cf five categories. First, the customer has thoroughly investigated his situation and has found that ho 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 rai.se the price c: his product to a level that would make' it non-competitive with non-asbestos containing substitutes* Second, the customer has not thoroughly investigated his situnticr and only thinks that he can no longer afford to continue using asbestos. Page 5 - T7hy Asbestos?*, by II. It. Swotonic, AIA/HA ' Presented to the ATI at Arlington, Virginia - 6/7/73 Third, the customer has reed 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 produces do net contain asbestos will stress the adverse health effects of asbestos in trying to take business away from him. Customer fears cf this nature arc essentially "gut" reactions and are hcr.ce extremely difficult to deal v?ith. Fifth, the customer has none of .these problems cr fears but he has been advised by a government official or inspector that ho would be bettor off if he quit using asbestos or asbestos-containing products in his plant. l?hile this problem does not appear to be widespread, wo have learned of a number of situations vherc it has occurred. Actions of this nature by government officials are totally uncalled for and should bo dealt with promptly and decisively. The best solution is to obtain complete details on tho incident and then tc register a formal complaint with the; offending official's immediate superior cr with the government agency involved. The /Association ' s first reaction to the overall customer relations problem was to approve funds for a series ox. four regional seminars at which industry customers would bo 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 cur member companies shewed that general "catchall" typo seminars of th type originally contemplated would not be effective in dealing with the majority cf customer relations problems. In order to do the job properly, it was 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 slice presentations on such topics as "The Facts About Asbestos and Health," and "Understanding the OEHA Regulations," which could he 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 host handled by the individual menber companies. Thus far, the AIA's sole contribution in this area ol: industry concern has been tc prepare thj draft of an Employee r.afcry and Health Guide on Asbestos-Health. The draft v/ns r.nde available to the member companies for thoir own use and at least one has produced it in booklet fern for distribution to all its employees. PLAINTIFF'S i EXHIBIT 1 -J,Q Pago 6 - Why Asbestos?4, by M. II. Swetonic, AIA/I1A Presented to the 7iTI at Arlington, Virginia - 6/7/73 I personally believe that the employee relations aspect of the asbestos-health problcn is one that has been sorely neglected by Most companies within the industry, .and that it could develop intc a major problem area in the near future ar.d that steps should be taken now to deal with it. Me know that various organized labor groups are planning a full scale campaign to brine their interpre tation cf the asbestos-health problcn to the attention of asbestos industry employees throughout the nation. If the industry permits this interpretation to bo,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 ir. 1971 to more than 60 a year later. !!hilc we have had to trim the list semevhat this year for logistical reasons , v;e 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 tho single largest consumer of time, effort and money within the Association. Those cf you who are 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. ^nat you may not understand are the reasons why c.ur extensive efforts in dealing with 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 yourg activist reporter, industry is the had guy, and nothing we do, sav or achieve can over change this impression. If we spend $100 mil ton dollars on environmental control, the press either says we. oughw to have done it ten years ago or that we should have spent $200 million. If wo sponsor medical research, they sav wo are trying to buy favorable results. If v/c are opposed to ridiculously stringent standards, they say we arc in fnv^r of letting our employees die. A television executive in .Minneapolis described this now breed of reporter as being "no intent on demolishing the establishment that they would blindly destroy the credibility cc the media in the bar gain." Another TV executive, this time in Chicago, stated "they Pago 7 -- Why Asbestos?, by M. M. 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 v/ill 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 alt'/ays 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 ir. 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 tc be seeing a number of positive stories in the trade press in the next few months. In any case, we also from time to time put out press releases on various subjects relating to asbestos-health. A few v?eeks ago, issued n release on the report of the advisory committee on asbestos cancers of the World Health Organization. In brief, the report concluded that the general public is not 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, news magazine, r; iio 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 our efforts vis-a-vis the national media. We v/ill continue to issue appropriate press releases, cooperate with feature writers doing stories on asbestos, v/rite letters to the editor when those stories appear, and in short, do all v/o can tc present the press with a balanced view of the asbestos-health situation. Page 8 - Why Asbestos?4, by !1. M. Cwetonic, AIA/HA \ Presented to the ATI at Arlington, Virginia - 6/7/73 PLAINTIFF'S EXHIBIT AO Our most recent effort in this regard has been the preparation ar.f printing of an Asbestos and Health Information Tile, vhich *e have nailed to some 3,000 newspapers, magazines, trade publications, radio and TV stations, science writers, etc., across the United States. Dasicnlly, 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. While we don't expect our information file to change the whole attitude of the press toward asbestos, wo are hoping that the media will nake use of it to accurately report the industry's position when doing stories on the subject. And now, having heard the had side of-the public relations problem, it's time for some good news. And the good news is that despite all the negative articles on asbestos-health that have appeared in the press over the past halfdozen years, vary 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 "arch ar.i April. . More than 2,000 dcmographically selected Americans wore interviewed. Without going into enc-rr.ous detail, the results show that only 22 per cant of the American public are 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 mere three per cent those interviewed stated that they considered asbestos a health hazard to the general public, ar.d lc-ss 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 ago youths of America are no more aware of the hazards of asbestos than their parents and grandparents. These results should u reassuring to those industry customers \;hc fear that the general public will stop buying their products because they contain asbestos. Before going 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. Sclikoff and his supporters have used his research results to dramatize and exaggerate the cri*'>nr.n^ss of the asbestos-health problem, two charts which point this out rather conclusively. I have Page 9 -- !7hy Asbestos?, by M. II. Cvetonic, AIA/IIA Presented%to the ATI at Arlington, Virginia - 6/7/73 The first chart shows the actual results of Dr. Sclikoff'c four mortality studies'cf asbestos workers. 7ho numbers in parentheses beside the figures for total nunher of workers indicate those who have so far died from all causes. The percentage figures alcngsid the total number of deaths from a^bosto.sis, lung cancer and mesothelioma arc 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 'group is the second fren the top, shoving the deaths from asbestos-related disease among all members of the insulation workers un5.on, 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 tho three asbestos-related diseases. Those, then, are the facts Dr. Celikoff works from. This is what lie knows from his own investigations. He*..* let us take a leek at what ho has done with those figures in order to dramatize the nrobler'.. Chart number II shews Dr. Golikoff's predictions about asbestosrelated deaths in the United States, without going into details, Dr. Sclikoff has arrived at his projections by the simple procedur of multiplying the percentage of deaths from asbestos-related disease among his insulation workers by tan total number of employees in the entire industry. Yon will also note that he has rained his projected death estimate to enormous heights over the past year by simply increasing tho base figure of onployoos exposed;, "kilo still retaining the percentage multiplier of 34 pax cent being experienced by the insulation workers. I night point out that this tactic, however deceptive, has been nr. enormous success since each raising of the estimate has earned Dr. Gelikcff correspondingly creator coverage >*y the media. 'lc finer example exists of the total gullibility of the press than the manner in which it allowed, its prejudices t^ ho manipulated, and played upon in this situation. Please don't got no wrong. I have no doubt that the insulation workers are .in fact `lying as r"pidiy as Dr. G.'liho;7? says they are The problem is that he has tr; 'slated their mortality experience to the rest of the entire; industry, which is commietoly erroneous. In the first place, the estimated number of employees in tho industry is too high -- five tines too high to ho precise. Even mere important, according to an analysis >/' the Association cf more than a dozen mortality studies, including those of Dr, Geli- koff, our prediction is that approximately 25,00'') past and present employees in the asbestos industry have died or ''ill .eventually die of nsbostt's-- ralot*od disease. Vhi.s ir- rli.in nno* t>'*l ri;of-or- Page 10 - tThy Asbestos?, by f*. !!. Swotonic, MA/!!A Presented tc; ths ATI at Arlington, Virginia - 6/7/73 PLAINTIFF'S 4 EXHIBIT * /.o s-b rf- 7<r c>f Dr. Cclikcff's most recent estimate. In addition, our figures show that 20 r.f the 25,000 deaths -- rr 20 -- will occur aneng those in the insulation trades. T^hilc these estimates should, he reassuring to those An the mining and manufacturing areas of the industry, wo should not forget that 5,000 of our workmen arc still going tr die of asbestos-related disease and that, all tilings considered, there ir> absolutely nothing that v/o can do to prevent it. The only thing *e car. do is to clean up cur plants to assure that those entering the industry in the future will not have the same experience. tJithin the past year and a half, the main thrust cf Association effort has shifted to the government affairs front. The principal agencies in Washington with which we have been dealing are the Occupational Safety and Health Administration? th*B 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 arc mainly involved in research efforts. In addition, a few weeks ago we were contacted by the Federal Trade Commission, which had. received a petition frrm the Canter for Science in the Public Interest requesting an investigation of consumer uses of asbestos for the purpose of determining '/bother certain products ought to I e labeled, as hazardous and. v'hether warnings should ho required, on all advertisements for those pro ducts. On the basis of a preliminary meeting with an investigater from the FTC it would, appear that va have- little to worry about ir. this particular area. The Occupational Safety and. Health Administration has been of enormous concern to the. industry over the past 1C months. As nest of you already know, the Association expended tremendous efforts durrssn the six month period leading to the promulgation of last June's 0SJ1A standards on asbestos. I think it is a gauge of the effectiveness of the total industry involvement in this most crucial natter that of eleven main renuiromunts in the standards, the industry position was .accepted totally by 0S1*A on nine of the eleven, about fifty per cent on a tenth, and totally rejected on only ono. OSIIA is now planning to redo the standard package and. we are work ing closely with them, on this project. The first step ,rill ha the formation of sa 15 nan advisory committee to review the current standards and any additional nodical and technical data that has become available in the year since the standards wo.ro. promulgated. Harking in cooperation with, nine other trado associations ?*o have selected four individuals as industry-wide recommendation:? to OCHA *r the four so-called, "i-employor" spots on the advisory committee. Page 11 - Uhy Asbestos?, by 2. it, Cwetcnic, AIA/EA Prcsentccl to the ATI at Arlington, Virginia - 6/7/73 In discussing the formation of the advisory committee with John OMTeill of the OSHA Standards Development Section, v*c crr asked to add a couple of names tc the list so that 05KA would. have more of a selection to choose from. Thin wo have agreed to do. The committee will be given up to nine months to complete its deliberations and. prepare for CSKA a revised standard package. This will bo followed by public hearings, approximately a year from now, ?e do not c;:pact tr sue a new standard promulgated before the Fall of 1974. 1 It is of course impossible to determine et this tir.a what the new standards will look like, however, I would venture to cay that they will certainly net be less strict than the ones ve have today, although they will probably be 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 Safer and Health is to conduct research and to prepare so-called Criteri Packages, 'which are essentially recommendations to OSIIA for stan dards on various materials, chemicals and activities. Such a package on asbestos was prepared by mc.SlJ at the tine of the 0511?. proceedings last year. niGJ>F trill not }><? preparing a now or rovis criteria package for the* upcoming review of the r.nbostcs standards I do not believe it would be unfair tc say that of all the agen cies in 'Tashington dealing with asbestos, l>r, Telikoff lias had. his greatest influence on the young idealistic scientists and doctors at dlCSU. Consequently, industry influence is weakest in this agency. It was EI057I, after all, that made the original recommen dation for a two fiber standard in the United States asbestos industry. ITcxt to OFFA, the Environmental Protection .Agency has the greatest potential ef any federal agency for adversely affecting the future of the asbestos industry in this country. 'lot only is the r.PA responsible for developing, and enforcing air and. water pollution standards, but the T^xic Substances Control Act, non* ponding in Congress, will also become an EPA function after passage. For this reason, I an pleased to be able to say that the asbestos industry has an excellent relationship vr.ith the ETA. -k* finer proof of this exists than the fact that there was not a single major industry recommendation made to the E?.\ at the public hear ings on the proposed, asbestos emission regulations that was n^t accepted, either in toto or in principle in the final standards, which wore published, in early April of this year. h'e are presently working with the EFA on the development of waste water effluent standards for usbofstws Tonmifaetnr:m; plants. "e Page 12 - I7hy Asbestos?, by M. M. Swotonic, AIA/I1A Presented to the ATI at .Arlington* Virginia - f/7/73 certainly hope that these standards will turn out to be as reason able as the .air pollution rsgulatinns. The proposed effluent standards are scheduled to be published, in the Tederal Register sc-matino this Sumer, to be followed by public hearings, with the final standards being promulgated in the Fall, perhaps as early as October. -s are also planning, in the near future, to r.eet in Washington with representatives fron the standards dovelopnent and enforcemen branches, of the FFA to discuss with then questions of interprotati 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 member company of the Association to find out whether the UFA v/as planning to require the manufac turers of asbestos safety clothing to register as potential emission sources under the lavr. In discussing the situation over the phone v;ith FPA compliance officials, I argued that the producers of asbestos safety clothing were net manufacturers as defined in the regulations but were inst only fabricators nr an asbestos product, ar.d as such, should not have to register as potential emission sources. Z.ftor our phono conversation ended, a brief meeting was held among the HP A compliance people. I was then called back, and informed that they agreed with me that the safety clothing producers should not be required tc register. Philo this rather minor problem tool: half and two or throe phone calls tc the type of day-to-day services that its member coRnnnies." approximately an hour and a resolve, it in indicative of the Association provides fer Over the past year the Food and Drug rdninictrn Pirn has shown an increased interest in asbestos as a possible h a 2 nrdcus cent ami n r.r. in various foods, beverages and drugs. Late in 1072 they set up a asbestos task force to review the situation and to propose roguiatrons and guidelines whore appropriate. Thus far they have concentrated their efforts in two areas -- on the use of nohur.tos-contnninr.tcul talc in food packaging and in cosmetics, and secondly, on the usu of asbestos coluln^a filter pads in the beverage and drug industries. In our first mooting with the FDA task force last. `Irvcmbar on the filter problem, they O.ononstrntac! and admitted to an appalling ignorance about the health, hazards of asbestos. Tinea then, they have gotten one heck of a lot smarter, due at l-j.ast in part tc rha tremendous amount of data and in format-, inn which the 1 a 15 on PLAINTIFF'S EXHIBIT AO Page 13 -- >7hy Asbestos?, hy H. IS. Swotonic, AIA/HA rrcsentcd to the ATX at Arlington, Virginia - 6/7/73 has been supplying to them. Ac a consequence, the FDA is today less panicky about asbestos and therefore less 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 bean quite minimal to date, although we are preparing for the upcoming struggle in Congress over workmen's compensation reform, at which time asbestos is unquestionably going to be racked over the coals by Dr. Celikoff and by representatives of organized labor. 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 same reason, our government activities at the state and local level have declined uo 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 and states in asbestos con trol has been usurped hy 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 bettor protected. The gene ral public has been shown to be in no danger from asbestos, if it ever v/as. While we have been regulated extensively, for 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 ter than we ever dared hope. In addition, v;hilc wc are still tak';, cur lumps in the public press, the not effect of all this adverse publicity has been shown to bo surprisingly small. We have sweated a lot ar.d m have groaned a let, but vo are still standing and wc are still viable. I sense today vd.thin the indus try a greater feeling of confidence in the future than at any time in the past few years. Hut we must not rest contented. We must remember that Dr. Celikoff 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 <Z/7j 73. D_ n fi 0 i 12 /Isms TOS TkxTIl. I u".,, ,, j:^r/TtjrS. .pc/) ^ /** "Ac. I an sure that many cr you have asked yourselves, as Z have ashed myself, why has the asbestos industry seemingly been singled out as the prime target for so many assuits by government, labor, the press, certain segments or the medical profession, and by various environmental ahd consumer activist 1 groups? Why us? Can asbestos really be all that bad? Are * the products we produce truly going to kill millions of Americans, as seme experts have predicted? C:r is there some sort of .nefarious conspiracy afoot to destroy the asbestos industry? The answer to the cucstion of "Why us" is both complex and simple. Complex because it 23 a combination ci three- interrelated but separate factors, simple because each of the factors is, when considered by itself, s;uite oovicua. Tha three factors are (1; asbecuns causes disoasj, (2) a spokesman arose to champion Lkc noun c-*------------ - 3 and (3) a cornucopia of new government agencies were set up to control things that cause disease. Let us lock at each of these factors in turn. First, there is no doubt that the inhalation of substantial anounts of asbestos can lead to increased rates cf various types cf lung disease, including two forms of cancer. These are facts which cannot be denied, even if they do not apply in all circumstances and under all conditions. The medical literature is full of solid evidence linking asbestos to disease. ' In my effioe, I have on file more tnar. 2,COO medical papers dealing with the health risks cf asbestos and hundreds more are published every year. Secondly, the spreading of alarm ever the health risks of asbestos has as its prime spokesman one of the most talented medical publicists of the age ---- Dr. Irving J. Seiikoff of Kev 'fork's kour.t Sinai Hospital. Not only is Dr. Seiikoff t *< capable of arousing the ire and moral indignation of the r.ost conservative reporter or politician with his graphic description and predictions of the ravages of asbestos, but he has also surrounded himself with a group of similarly talented publicityconscious associates who have carried the Mount Sinai message to tbe :ar comers o: the natron. While Or. Selrkcfi has, in his teal, unquestionall painted a far darker picture than the facts warrant, we should always remember an his defense that the insulation workers he 'has been studying for more than a decade were and still are dying from asbestos related disease at an appalling rata. This would be enough to cloud any man's thinking. Finally, an the past decade there has been a tremandcui growth in public and governmental interest in environmental and occupational health matters. This interest h as been urans-atca into a series or iar*reaching laws affecting ir.^ s" w 5 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 Act, the Clean Air Act, the Consumer.Protection Act, and others, have forever altered the concept 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. Selikcff and his followers, who used and in seme cases misused the great wealth of .negative asbestos-health data contained in the medical literature to achieve these ends. In short, the asbestos industry was singled out because it was vulnerable to attack, because there was scmecr.e willing, almost aructcuu, to lead that attack, ar.f because Congress had graciously provided the vehicle* for such an aosaul PLAINTIFF'S EXHIBIT J.0 33 How much of what Cr. Solikcfi says about asbestos true, and the runner in which he has abused the available mec data in order to blow up an essentially occupational trebled into a national calamity are topics which we shall examine a bit later. 1 The background c: industry e fibres to deal with the asbestos-health problem as a national issue gees back nearly a decade, to Zr. Saiikcff's new famous 1964 seminar on asbesto disease at the New York Academy ci Sci ar.ces, While this semir. did much to trick the industry's ccr.sc rente about asbestos and health, the problem still remained one of limited public ar.d press interest until around 1567 , vnan the media began, beating the medical bushes searching for store es that would grathioallV portray American industry's supposed c amplete disregard for the environment and for the health and safety of its workmen and the American public. The asbestos -health problem was four. * to be tailor-maid for such stories ar.d Dr. Salikcff was r.ct hesitar.t in catering to the sensationalist whims of the press. As a result, starting with Paul Bredeur's infamous Ns*./ Yorker article of March 1963, asbestos has since grown into an item 1 of major cress interest. In those years, industry efforts to combat the spate of negative press articles on asbestos were carried on primarily by the Johns-Manvilie' Corporation, which set u? a task force of specialists in various fields to do vhat it could to portray the problem in its proper perspective. 'While soma minor successes were achieved, it was found that no one company acting independently could adequately cr effectively represent an er.tir 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 America, which was frankly patterned after the British PLAINTIFFS EXHIBIT MO asbestos Information Committee, which hid been established seme three years earlier* ' In our original concept, the Association would limit its activities to providing accurate, unbiased information cn asbestos and health to the press, to the public and to interested politicians and other government offiieais. It must be remembers that at this particular time, the enormous problems that would later develop with regard to OSKA and other Federal regulatory agencies were as yet on the distant henaon and basically unrecognised by the industry. * . Fortunately------and properly --- the Association has had the wisdom to alter its original limited concept ci its preper functions, and new endeavors to assume whatever activities and responsibilities it deems necessary to protect the interests ` cf the asbestos manufacturing industry^T'T'the United States vis-a-vis asbestos-health. -J. JM* PLAINTIFF'S EXHIBIT Ao 9 From our rather narrow initial public relations concept the Association has grown in the last two years into an organisation with priorities in eight major fields of endeavor. These are: 1 Medical Affairs Legal Affairs Government Affairs Environmental Control Publicity and Public Relations Customer Relatione Employee Relations, and Inter-industry Relations In briefly discussing AIA activities in each of these fields, I will leave government affairs for last, not because it has a low priority within the Association --- in fact it is currently the most important --- but because it is the most complicated and requires the mmst discussion. 10 To take our activities one at a tima then ...... medical affairs. It is an obvious fact that if an organization is to speak authoritatively or. a medical matter, it must not only be seeped in the literature of that particular medical subject, but it must also keep itself constantly informed of new discover, and developments. This we have accomplished in a number of ways For example, by sending representatives to important medical meetings, such as the 1972 international conference on the biolcgical effects cf asbestos held at Iyer, in Trance, which vas sponsored by World Health Organisation. Both John Marsh, the President cf the AIA, ar.d I attended that conference or. behalf of the Association. We also meet on an irregular basis with various medical experts in the field, both from the United States and abroad. to review ar.c discuss recent developments ar.d discoveries. PLAINTIFF'S EXHIBIT 11 Our literature research is eased considerably by receiving the monthly medical paper distribution or* 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 AXA has elected to sponsor medical research or its own. Currently underway is a % completely AIA/MA funded study of chest sounds, which is being conducted by r. Raymond Murphy of the Harvard School cf Public Health. The purpose of the study is to find a new method of determining ar. individual's potential susceptibility to asbestos disease. The Association has also recently decided to contribute to some very exciting research into a possible cure for nasotholioma through electromotive treatment. This study is .being conducted at Somerset Hospital in Mi Jersey. in the legal affairs area, the Association participate in an amicus curai capacity in the law suit brought by the 12 Industrial Union Department ot. the Afl/CIC against the Occupational Safety'and Health Administration on the asbestos standards. In our brief, which was considered by the Justice Department to be the best one filed, the Association supported OSKA against the 2UD, somewhat of a unique position for an . ,j. 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, we are confident that the case will be decided in our favor. The Association has retained the services of C. L. I' : !; Sheckler, with whom many of you are familiar, as cur special consultant on environmental control affairs* At the present time, Cliff is working with the AIA/NA Environmental Control Sub-Committee on the development of a series of five Association compliance manuals on the OSHA standards. We expect to have ft U iij Y'X ! Li. l-i ii i these manuals available within a short period of time. PLAINTIFF'S j EXHIBIT * AO 40 t ' '! j; " - 13 - Last year, because of the well established unreliability of the membrane filter method as a- monitoring tcol 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 shoved an error factor of plus or minus SO per* cent under the most favorable of measuring conditions# These results were sent to both CSKA and to the National Institute for Occupational Safety and Health. A number 'of the recommendations contained in the study far improving the accuracy of the method have been incorporated into a sccn-tobe-reieased revised NIOSH operations manual on fiber counting. In the customer relations area, the total effect of negative press publicity and government regulations cn Industrv customers is still today rather poorly defined. Some members of the Association have riposted serious problems in this area, vhile others ha/e experienced few nr r.c difficulties thus- far. - 14 - Where 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, either 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 maJce it ncn-ccmpetitivc with non-asbestos containing substitut as. Second, the customer has not thoroughly investigated his situation and only thinks that he can no longer afford to continue using asbestos. Third* the customer has read cr.a or more negative articles on asbestos in the public press and has mode the sr.a decision that "we ought to get that dangerous stuff out cf cu plant.* Ofen* decisions of this nature are forced on to? management by ill-informed medical advisors or safety and health directors. PLAINTIFF'S | EXHIBIT * _ /-O IS Four# the customer has neither a control problem r.cr is he particularly afraid of using asbestos in his own plant. However, he is fearful that those of his competitors whose finished products da not contain asbestos will stress the adverse health effects of. asbestos an trying to take business away from him. Customer fears ci this nature are essentially "gut" reactions and hense extremely difficult to deal with. And ..*. Five, the customer has none of these problems or fears but he has been advised by a government official or inspector that he would be better off if he quit using asbestos or asbestoscontaining products in his plant. While this problem does net appear to be widespread, we have learned ci a number of situations where it has occurred. Actions ci this nature by government officials are totally uncalled for and should be dealt with promptly ar.c decisively. The besc solution is tc obtain comoiete details on the incident and then to register a formal complaint 16 with the offending official's immediate superior or with the government agency involved, i The Association*s first reaction to the overall customer relations problem was to approve funds for a series of four regional seminars at which industry customers would be given a number of basic presentations on the various aspects -. of the asbestos-health problem. The seminars were tentatively scheduled for the Spring of this year. However, the experiences of a number ci cur 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 was found that customer presentations have to be tailored to the neecs and problems of the individual customer. PLAINTIFFS EXHIBIT S.O 17 As a result, the Associaton cancelled its scheduled series of seminars and instead elected to develop a number. of packaged slide presentations on such topics as "The Tacts About Asbestos and Health," and "Under standing the 05HA Regulations," which could be used by member companies as part of a tailored presentation to individual * customers. These slide presentations are still in the works, but should be available short!*/. As with customer relations, the Association feels that employee relations is a prcolen best handled by the individual member companies. Thus far, the AI.V s sole contri bution in this area of industry concern has beer, to prepare the draft of an Employee Safety and Health Guide on AsbestosHealth. The draft was made available to the member companies for their own use and at least or.e, Rayhestos-Mar.hacrun, has produced it in booklet form fer distribution to all its emtio' is?r. 13 Z personally believe that the employee relations aspect of girt* ^.e asbestos-health problem is one that has been sorely ft' neglected by cost companies within the industry. I feel that 1 this could develop into a major problem area in the near future and that steps should be taken now to deal with it. We know |J j that Dr. Selikoff and various organized labor groups are planning a full scale campaign to bring their interpretation * of the asbestos-health problem to the attention of asbestos industry employees throughout the nation. If the industry permits this interpretation to be disseminated unchallenged, the consequences could be grave indeed. PLAINTIFF'S EXHIBIT AO 19' - Inter-industry relations are best defined as keeping the industry indorsed .about important new developments on the governmental, medical and press relations fronts that affect asbestos. This is accomplished within the A1A by periodic distributions ci documents and information to the senber companies and to others on our mailing list. The value of this activity can be gagued by the f act that our overall mailing list increased from approximately a dozen namos in 1971 to more than 60 a year later. While we have had to trim the list somewhat this year for logistical reasons, we assume froa 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 1 publicity actitities constitute the single largest consumer of time, effort and money within the Association. Those of you who are 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 What ycu may not understand are the reasons why cur extensive efforts in dealing with the nation's press have been so . unsuccessful to cate in producing the theoretic* balanced" cr "positive" story on asbestos and health. PLAINTIFF'S EXHIBIT -/jO :cv - 21 - fj>` The siff.pl* faet is thee iron the standpoint of today's young activist reporter, industry is the bad guy, ar.d nothing we do,say or achieve can ever change this impression. Z we spend $100 million dollars on environmental control, i the press either says we ought to have done it ten years ago or that ve should have spent 200 million. It we sponscr medical research, they say we are trying to buy favorable results. Id ve are opposed to ridiculously stringent standards, they say ve are in favor of letting our employees die. A television executive in Minneapolis described this new breed of reporter as being "so intent on demolishing the establishment that they would blindly destroy the credibility of the media in the bargain.* Another TV executive, this time in Chicago, stated "they want to make moral and political and social judgments on their assignments and then take sides. Never mind getting the cacti straight.*1 5=yfH , 22 As a result of this "industry is a monster" philosophy, asbestcs~vill 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 publitf 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 tho asbestos story. The press relations battle will therefore be von, not when the media starts to print positive or balanced articles about asbestos, but when the press ceases to print anything about asbestos at ail. As icr.g as negative news on asbostos-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 .i negative news ceases ... PLAINTIFFS j EXHIBIT I AO 2: 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 know, the ............................................. ............................................................................. - . Association is currently engaged in an extensive campaign to interest the trade press in articles on the benefits of asbest and on industry accomplishments in the environmental control area* The trade press, unlike the national or public media, is much more receptive to articles ot this nature and wc expec to be seeing a number of positive stories in the trade cress in the next few nenths. In any case, we also from time to time put out press releases on various subjects relating to ashes cos-healer.. * few weeks ago, ve issued a release on the report of the advisory commit on asbestos cancers of the World Health Organization. In brief, the report concluded that the gene a! public is not in danger from asbestos in the environment. Thus far, we have - 2*4 - received nearly two dozen press clippings iron trade publications that carried the story. Co the best of our knowledge, not a newspaper, news nagasir.e, radio or TV station, or any other segment of the public izedia ran the story, with the single 'i exception of a french language paper in Toronto. As I said before, if.the news is good, the press ain't interested. Nonetheless, the Association has no intention of abandoning our efforts vis-a-vis the national'cedia. We will continue to issue appropriate press releases, cooperate with feature writers doing stories on asbestos., write scathing letters to the editor when these stories appear, and in short, do all we can to present the press with a balanced view of the asbestos-health situation. Our rost recent effort in this regard has been the preparation and printing cf an Asbestos and Health Inforr^ticn File, which wo have Railed to serr.c 3, CCD r. cwspapers, agaiir.es, PLAINTIFF'S EXHIBIT l`D 25 trade publications, radio and TV stations, science writers etc. across the United States. I have brought'a*half-dozen files along with me that you can take a look at after the r.eeting. Basically, the file contains copies of the five industry position papers which were distributed earlier, as well as a Gov number of important medical papers and a pair of photographs illustrating the benefits of asbestos and industry efforts at environmental control. You may-be interested to know that the item chosen to illustrate the benefits of asbestos is a fire-proof asbestos suit. While we don't expect our information file to change the whole attitude of the press toward asbestos, we 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 the good news. mm 26 And the good news is ... 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 ^flying attention.^ Let te explain. In February, the Association undertook a personal interview research survey or the American public to determine r its attitude toward asbestos and its awareness of the healt issue. The survey was conducted by the Opinion Research Corporation during March and April. More tna-n 2,0CC demcgrachicaily selected Americans were interviewed. I have here with ne sufficient copies for ail of veu of a summary of the results. ( CCMMdN? ) Before going on to describe cur activities in the government relations area, I think it might be interest'"- at this point to take a very brief look at the manner in PLAINTIFF'S EXHIBIT __ 4^______ 7 which Or. Selikoif and his supporters have used his research results to dramatise and exaggerate the seriousness of the asbestos-health problem. i out r'ather conclusively. I have two slides which point this SLIDE 1-------- RSSIAACK DATA The first slide shews the actual results of Dr. Seliicf dour mortality studies of asbestos workers. The numbers in parenthesis beside the figures for total number of workers indicate these who have so far died from all causes. The percentage figures alongside the total number of deaths from asbestosis, lung cancer and mesothelioma are based on the total number cf deaths from all causes, not cn the number of workers in the study. The most important study of the lot is the second from the top, showing the deaths from asbestos-related disease ar.cr.g all members of the insulation workers union, regardless .\ 28 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 Or. Selikoff works from. This is what he knows frea his own investigations. Now let us take a look at what he has done with these figures in order to draiaatite the prebier.. stzzz 2------paroicric.N:s This slide shows Or. Selikoff's predictions about asbestos-related deaths in the United States. Without going into details. Or. Selikoff has arrived at his projections by the simple procedure of Jtuitipiying tne percentage of deaths fron asbestos-related disease asong his insulation workers by the total nurcr of employees in the entire industry. 29 You will also note that ho has raised his projected death estimate to enormous heights over the past year by simply increasing the base figure of employees exposed, while still retaining the preeentage multiplier of 24 per cent being 1 experienced by the insulation workers. I might point out that this tactic, however improper and deceptive, has been an enormous success since each raising of the estimate has earned Dr. Selikoff-correspondingly grater coverage by the media. No finer example exists of the Dr. Selikoff manipulated and played on their prejudices to gain publicity. I can readily envision the let of them up there at Mount Sinai laughing themselves silly over the ease with which they bamboozled the press with these trumped-up predictions. * PLAINTIFF'S EXHIBIT * /.,o 30 Please don't get me wrong, gentlemen, I have little doubt that the insulation workers are in fact dying as rapidly .as Or.. Seiikoff says they are. The problem is he has translate their mortality experience to the rest of the entire industry, ................... .... \' which is absolutely ridiculous. In the first place, the estimated number of employees in the i:*.dustry is too high------five times too high to be precise. Even more important, according to an analysis by the Associate.cn of mere than a dooen mortality studies, including those of Or. Sclikoff, cur prediction is that approximately 25,000 past and present employees in the asbestos industry have dieda or will eventually die of asbestos-related disease. This is less than one-thirteenth of Tr. Selikcff's most recent estimate. 2a addition, our figures shew that 30 cf the 35,000 deaths ---- or 80 per cent ----- will occur among these in the insulation trades. I PLAINTIFF'S |g exhibit While these estimates should be reassuring to those of us in the -dining and manufacturing areas of the industry, we should not forget that 5,000 of our workmen are still going to die of asbestos-related disease and that, all things considered, there is absolutely nothing that we can do to prevent it. Che only thing we can do is to clean up our plants to assure that those entering the industry in the future will not have the`same experience. * GOVERNMENT AGENCIES Within the past year and a half, the main thrust of Association effort has shifted to the government affairs front. Che principal agencies in Washington vich which we have been dealing are, of course, 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 Healt PLAINTIFF'S EXHIBIT 3 ssrA\*< fe^'J\ *~s' .raSs- r/i.-^V fc&KV .* f/.*-=^:- and the National Institutes or Health, both of which are mainly involved in research efforts. In addition,*& few weeks ago we were contacted by the Federal Trade Commission, which had received a petition from the Center tor Science in the Public Interest requesting an investigation of consumer uses of asbestos for the purpose of determining whether certain products ought to be labeled as hazardous and whether warnings should be required on all advertisements for those products. On the basis of my meeting with an investigator frem the FTC I would say that we have little to worry about in this particular area. sues 4--------osha a The Occupational Safety and Health Administration has been of enormous concern to the industry over the past 18 months. As most of you already knew, the Association expended tre endous efforts during the six month period ;)V'5;- \ PLAINTIFF'S EXHIBIT AO - 33 leading to tho promulgation of last June's OSHA 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 vas accepted totally by OSHA on nine of the eleven, .^bout fifty percent on a tenth, and totally rejected on only one. Now, of course, OSHA is planning to redo the standard package and ve are working closely with them on this project. The first step will be the formation cz a i5 man advisory committee to review the current standards and any additional data and information that has been developed in the year since the standards were promulgated. Working in cooperation with nine ether trade associations, including your own, we have selected four individuals es industry vide recommendations to OSHA for the four so-called employer 34 spots on the advisory committee. The four people selected were Cuy Cabrielscn, President of Nicolet; Ike Weaver of Raybestos-Manha.ttan; Dr. Fred Pundsack, Vice President for Research and Development of Johns-Kanviile; and Cliff Sheckler. 1 In discussing the formation of the advisory committee with John O'Neill of the OSKA Standards Development Section,' we were asked to add a couple of names to the list so that OSKA would have at least the semblance of a selection. This we have agreed to do. The committee will be given up to nine months to complete tas deliberations and prepare for CSKA a revised standard package. This wi11 be followed by public hearings, * approximately a year from now. We do not expect to see a * new standard promulgated before the Fall of 1974. PLAINTIFFS EXHIBIT AO 35 It is or course impossible co determine at this time vhst the new standards will look like, however, I would venture to say chat they will certainly not be less strict than the ones we have today, although they will probably be less confusing and leave less room for employer interpretation Something will unquestionably be done to improve the current difficulties with the monitoring requirements. SLIDE `5 ------- KIOSK These slides, by the way, axe merely simplified organisation charts of the various agencies with which we deal in Washington. 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 OSHA for standards on various materials and chemicals. Such a package on asbestos as prepared 36 by NXOSH At'the time of the OSHA proceedings last year. NIOSH t will not be preparing a new or revised criteria package for the upcoming review of the asbestos standards. I do not believe it would be unfair to say that of all the agencies in Washington dealing with asbestos. Dr. Seiikoff has had his greatest influence on the young idealistic scientists and doctors at NIOSH. Consequently, ,, industry influence is weakest in this agency. It was NIOSH, after all, that made the original recommendation for a two fiber standard in the asbestos industry. SLIDE 6--------I?A Next to OSHA, the Environmental Protection Agency ha. the greatest potential of any federal agency for adversely affecting the future of the asbestos industry in this country. Not only is the SPA responsible for developing and enforcing air and water pollution standards, but the Toxic Subs vices I ! * 37 Control Act, now pending in Congress, will aisc become an E?A function after passage. For this reason, I am pleased to be able to say that the asbestos industry has an excellent relationship with the EPA. No finer proof of this exists than the fact that there was r.ot a single major industry recommendation or suggestion made to the EPA at the public hearings 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. We are presently working with the EPA on the development of waste water effluent standards for asbestos manufacturing plants. We fully'expect that these standards will turn out to be as reasonable as the air pollution regulations. The proposed effluent standards are scheduled to be published in the Federal Register in early July. This will be followed b. ` - 3S public hearings, probably in late July or August, with the final standards being promulgated in the Fall, perhaps as early as October. We are also planning, in the near future, to meet in i Washington with representatives from the standards development and enforcement branches of the E?A to discuss with them questions of interpretation and compliance policy with regard to the new air pollution regulations. We have already resolved one interpretation question that is of special interest to the asbestos textile industry, Approximately two weeks ago 1 was asked by a mentoer company of the Association to find out whether the 2?A was planning to require the manufacturers of asbestos safety clothing to register as potential emission sources under the lav. I, i11 1; ,i IS i.1 .] ! i : -ii , -j \ 39 In discussing the situation ever the phene with SPA compliance officials, I argued that the producers of asbestos safety clothing were not manufacturers as defined in the regulations but were instead only fabrication of an asbestos I product, and as such, should not have to register as potential emission sources. After our phone conversation ended, a brief meeting was held among the SPA compliance people. I -was then called back and informed that they agreed with me 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. t - 40 - SLIDE 7------- FDA Over the past year the Food and Drug Administration has shown an increasing interest in asbestos as a possible hazardous contaminant in various foods, beverages and drugs. Late in 1972 they set up an asbestos task force to review the situation and to propose.regulations and guidelines where appropriate. Thus far they have concentrated their efforts in two areas ----- on the use of asbestos-contaminated talc in food packaging and in cosmetics, ar.d secondly, on the use of asbestos ceiulose filter pads in the beverage and drug industries. In our first meeting with the FTA task force last November on the filter problem, they demonstrated an appalling ignorance about the health hazards of asbestos. Since then, they have gotten one heck c: a lot smarter, due at least in part to the tremendous amount of data and information which PLAINTIFF'S EXHIBIT mo 41 the Association has been supplying to them. As a ccnsecuc: the FDA is today less panicky about asbestos and therefore less likely to propose foolish, unsupportable regulations. Spokesmen from the FCA have, in fact, defended the filter ir. against environments list attacks in the press and elsewhere recent months. This is, quite obviously, a healthy sign. SLIDE 8------- INTEREST CROUPS Since our contacts with the National Institutes of Health have been quite minimal, and since the health and safety section cf the Bureau of Mines is presently being reorganized, we can now proceed to take a brief look at the < various interest groups that have been in the forefront of the assault on asbestos. These are the groups and erganiaati that constitute "the other side.* As you can see, there are a lot of them, and between them they can exert powerful pressure on legislators and administrators at all levels of government. i - 42 Since cine is not available to discuss each of their activities and philosophies in detail, I would like to say that we keep a close watch on all of them and are always prepared to take whatever action is appropriate when they step out of line. slid: projector err -------- light on Our activities in the area of Congressional relations have been quite minimal to date, although we are preparing for the upcoming struggle in Congress over workmen's compensation reform legislation, at which time asbestos is unquestionably going to be racked over the coals by Or. Selikoff and his compatriots in organized labor. 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, PLAINTIFF'S \ | EXHIBIT * AO . y/? 43 however much more needs to be done in this area and X a.T. afraid individual member companies are going to have to be the priae ball carriers and not the Association. For essentially the same 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 and states in asbestos control has been usurped by the various Federal regulatory agencies. Nonetheless# mere 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. 44 Cur plants are cleaner and our workmen terror protected. l! 4 The general public has been shown to be in no danger from asbestos, if it ever was. While we have been regulated extensively, for the most part the standards that have been \ developed have net been as bad as we feared they might be, and in seme cases they turned cut far better than we ever dared hope. In addition, while we are still taking our lumps v\ in the public press, the net effect of all this adverse ;` publicity has been shown to be surprisingly small. We 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 industry a greater feeling of cor.f er.ee in the future than at any timu in the cast few years Sut we must not rest contented. c . 5- v 4 i-l it t "r* ~ l \ .. ( PLAINTIFF'S EXHIBIT j.o : W t 1' - 45 - Ka must remember that Or. Selikoff has to cate been far less successful than our industry has in influencing the decisions of the various governmental regulatory agencies. > This will make him try harder. Just last week Z saw a speech 1 ' os his in which he purposely misinterpreted some data by a distinguished Sottish scientist in order to prove that ever, two fibers is not a sufficiently safe level for occupational exposure to asbestos. The struggle is far from over. We must not only continue but indeed expand our activities in the various areas of concern if we are to assure the future well-being of the asbestos industry in the United States. Thank you very much. j.C \:i i- w -;3 - KiZ1 .'1 ORIGINAL AFFIDAVIT OF ROBERT C. COHEN STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ) ) ss.: ) ROBERT C. COHEN* of full age,upon his oath, deposes sand says: 1. I am principal in the firm of Knipes Cohen Associates , a shorthand reporting service located at 400 Market Street, Philadelphia, Pennsylvania. 2. In 1978 Knipes Cohen Associates was designated as the official repository for documents of the Asbestos Textile Institute. 3. In February 1980 the deposition of Doris F3gan, executive secretary of the Asbestos Textile Institute, was taken at the offices of Knipes Cohen Associates. __ 4. Ms. Fagan produced at her February 1980 deposition the originial minutes of ATI meetings as maintained by her as executive secretary of the Asbestos Textile Institute. 5. From the dat.e of that deposition, I have been custodian of records of chose originial minutes. 6. The originials of the ATI minutes have remained in the drawers at the offices of Knipes Cohen Associates under my direction since Ms. Fagan's deposition of February 1980. 7. 'whenever copies of those minutes are r quested by a party to the asbestos litigation, they are xeroxed by Knipes Cohen Associates' employees under my direction and are certified. 8. The copies of the ATI minutes which I have provided are indicated as Exhibit "A" and are true and accurate copies of documents identified by Doris Fagan at her deposition on September 9, 1930. fc . page oi. 9. There have been no additions to, deletion from or alterations CO che documents as identified by Ms. Fagan on Septemebr 9, 1980. Sworn to and subscribed before me this ^ day of October,1988 ROBERT C COHEN ^arvPubIic.F,rIa l,y Co:n,n,sion Expire* Doc a.