Document O32aode5Jg51k0GdX62ax7BzX

FILE NAME Manville JMA DATE 1973-1974 DOC JMA074 DOCUMENT DESCRIPTION Meeting Minutes & Attendee Lists - Asbestos Information Association . CERTIFICATE OF INCORPORATION DEPOSITION EXHIBIT 630 ASBESTOS INFORMATION ASSOCIATION AMERICA The undersigned a natural person for the purpose of organizing a corporation not for profit and without authority under to issue capital stock the provisions and subject to the requirements of the laws of the State of Delaware particularly Chapter 1 Title 8 ofthe Delaware Code and the acts amendatory thereof and supplemental thereto and known identified and re- ferred to as the General Corporation Law of the State of Delaware hereby certifies that FIRST The the Corporation America name of the is Asbestos corporation Information . called hereinafter hereinafter Association SECOND The address including street number city and county of the registered office of the corporation in the State of Delaware is 229 South State Stroot City of Dovez County of Kent Delaware 19901 and the name of the registered agent of the corporation in the State of Delaware at such address is The Prentice Corporation System Inc. THIRD The corporation is hereby organized to obtain and disseminate authoritative information to governmental groups news media and interested segments of the public concerning the relationship between asbestos and human health and concerning the most appropriate methods of using asbestos to minimize any effect on human health while retaining the benefits to the public resulting continued use of asbestos to take advantage of its proven value all of profit The the and corporations corporation shallhave have powers conferred uup pon on the authority to exercise organized not for without authority to to issue capital stock under the PRODUCED provisions of the General Corporation Law of the State of . Delaware provided that the exercise of any such powers shall be in furtherance of any one or more of the aforesaid exempt purposes of the corporation FOURTH The corporation is not to have authority to issue capital stock FIFTH The name and the mailing address of the incorporator are as follows NAME G. Earl Parker MAILING ADDRESS 22 East 40th Street New York York 10016 SIXTH The powers of the incorporator shall terminate upon the filing of this Certificate of Incorporation The names and mailing addresses of the persons who are to serve as directors of the corporation until the first annual meeting of the Members or until their successors are elected and qualify are set forth below in accordance with Section 102 6 of the General Corporation Law of Delaware NAME A. H. Fay R. Power Fraser Harold McNabb ADDRESS Fx 325 Delaware Avenue Buffalo N. Y. 14202 140 West 51st New York N.Y. Street 10020 .c Certain Products Corp. Valley Forge Pa 19481 James D. Moran ; 400 Westchester Avenue White Plains N.Y. 10604 F. J. Solon Jr. 22 E. 40th Street New York N.Y. 10016 PRODUCED JMPRODUCED E. W. Swain Davis Weaver S. R. Zimmerman 320 S. Wayne Avenue Cincinnati Ohio 45215 / Woodward Iron Company Woodward Alabama 35129 / Manhattan Corp. Manheim Pa SEVENTE Upon the dissolution of the corporation the Directors Board of Directors the payment of all shall of the after paying or making provision for liabilities of the corporation dispose of all of the assets of the corporation exclusively for the pur- poses of the corporation in such manner or to such organization or organizations organized and operated exclusively for educational religious or scientific purposes as shall under qualify as an exempt organization or organizations charitable at the time section provision 501 c of the ing provision of Internal Revenue Code of any future United States 1954 or Internal as the Board of Directors shall determine Any of the correspond- Revenue Law, such assets not so disposed of shall be disposed of by the Court of Chancery of the county in which the registered office of the corporation is then located Va EIGHTH For the management of the business and for the conduct of the affairs definition limization of the corporation and for the and regulation of the powers of creation the corpora- tion and of its directors and of its members as the case may be 5 it is hereby provided 1 The original Laws of the corporation shall be adopted by the incorporator Thereafter the power to make alter or repeal the Laws the shall be vested in poration governing body of the cor- 2. The business and affairs of the corpora- tion shall be managed by its governing body which in this certificate of incorporation is referred the to as a Board of Directors although the members PRODUCED of said governing body may be designated as trus- toes managers governor or otherwise under any provision of the Laws 3 The number of directors constituting the initial whole Board of Directors shall be the number fixed in the original Laws Thereafter the number of directors constituting the whole Board shall be fixed from time to time in the man- nor prescribed in the Laws The phrase whole Board shall be deemed to mean the total number of directors which the corporation would have if there were no vacancies 4. Directors shall have such qualifications as may be prescribed in the Laws The first Board of Directors shall be elected by the incor- porator Thereafter each successive Ecard of Directors shalble elected by the members of the corporation provided that in the interim be- tween annual or special elections by such mom- bers the directors in office though less less than directorship a quorum may fill any newly created and any vacancy other than one resulting resulting from the removal of any director or directors by such mem- bers 5 Meetings of the Board of Directors shall be held at such place within or without the State of Delaware as may be designated by or in the manner provided in the Laws Except as the Genoral Corporation Law of the State of Delaware or as this certificate of incorporation may otherwise provide the Laws of the corporation shall or call mayprovide as the case may be for the time lapse of period of time after notice notice and actual or constructive notice if any of meetings of the Board of Directors or of actual or constructive waiver of notice thereof if any PRODUCED sa. for for any the conduct of muctings of the board and action in writing of all directors and of duly constituted committee thercof in licu of any meeting 6. Except as the General Corporation Law of the the StateStStaattee State of of Delaware or any provision of this the certificate of incorporation may otherwise provide majority of the whole Board of Directors shall constitute a quorum and the act of a majority of directors at a meeting at which a quorumm is present shall be the act of the Board for 7. Any cause or of members or all of the without cause : directors by action may be removed of a majority 8 members The corporation shall Each member shall be have one entitled class of to voto in the election of directors of the corporation and to vote in such other proceedings as the Gen- eral Corporation Law of the State of shall confer voting power on members vote in the election of directors of Delaware entitled to the corpora- tion Each of the members shall be entitled to one vote in all proceedings in which said members are entitled as of right to vote under any of the provisions of the General Corporation Law of the State of Delaware and in all proceedings in which the members are entitled to vote under any provisions of this certificate of incorporation and of the Laws Except as may be otherwise provided by the General Corporation Law of the State of Delaware a majority of the members shall bers constitute a quorum it any meetinogf mem- and except in the election of directors a majority of the votes cast a quorum being pre- sent shall be the act of said members In the election of directors at which voting need not be by ballot a plurality of the votes cast shall elect The Laws shall provide for the condi- tions of membership in the corporation : . : 9. Meetings of the members shall be held at such place within aware as may be designated provided in the or without the designated by or in By Laws Except as State of Dal- the manner the General Corporation Law of the State of Delaware or as this certificate of incorporation provide the Laws of corporation or may provide as the case may be record date time call lapse of time after notice actual orconstructive notice of meetings of said members or of actual or con- structive waiver of notice thereof the authority to vote consent or dissent in person or by proxy representation and the duration of any proxy the conduct of meetings and for the authority to take action in writing by all of said members in lieu of action at a meeting NINTH From time to time and purposes for which the corporatiocn orporation is the provisions of this certificate of in furtherance of the being organized any of incorporation may be amended altered or repealed and other provisions authorized by the laws of the State of Delaware at the time in force may be added or inserted in the manner and at the time prescribed by said laws and all rights at any time conferred upon the members of the corporation by this certificate of incorporation incorporation are granted subject to the provisions of this Article NINTH Executed at New York New York on , 19 CERTIFIED TO 3 September BE A 1973 TRUE COPY G. Earl Parker . Incorporator Robert H. Mereness Secretary 6 PRODUCED 83 . ASBESTOS INFORMATION ASSOCIATION , NORTH AMERICA Minutes of Board of Directors Meeting May 10 1973 A meeting of the Board of Directors was held pursuant to notice on May 10 1973 at 9:30 A.M. at the Williams Club New York New York The following Directors were present George Barge J. L. Rainey S. D. Weaver A. E. Alpine Proxy Martin Sendecki Proxy A. R. Hooker Paul I. Weiner Esq F. J. Solon Jr. A. H. Fay J. K. Whittaker C. G. Morgan E. C. Bratt Kurt Schwarz William Thurber Atlas Asbestos Company Amatex Corporation Cement Asbestos Products Co. Certain Products Congoleum Industries Flintkote Company Corp. Inc. GAF Corporation Manville Corporation National Gypsum Company Nicolet Industries Inc. North American Asbestos Corp. H. K. Porter Company Inc. Supradur Manufacturing Corp. Union Carbide Corporation Also present were Richard Carter Manville Frank Zimmerman National Gypsum Company W. N. Johnson and Patrick Morgan Union Carbide Corporation M. M. Swetonic Executive Secretary AIA Katherine Kinsella AIA Joseph Burns Esq Counsel Burns _ Van Kirk Greene & Kafer David Mallino Government Research Company Mike Isser and Cliff Forbes Cunningham and Walsh Mr. Marsh the President presided and Miss Kinsella acted as Secretary and kept the Minutes The Minutes of the Board of Directors meeting held on February 15 1973 were on motion duly made and seconded unanimously approved as reproduced and distributed ame see PRODUCED JM - 83 * ' cent AE EE AE TR REE ie EIEIO SARNTT I R I E FINANCIAL REPORT Mr. Marsh explained the AIA financial report for the first four months of the year Mr. Swetonic mentioned a sizable percentage of recent office expenditures went toward supplies that would last the remainder of the year On motion duly made and seconded NA's Financial Report dated May 10 1973 was unanimously approved Mr. Pay was asked to head a committee to nominate a slate of officers for the AIA for next year New officers will be elected at the annual meeting in September GOVERNMENT RELATIONS a OSHA 1 OSHA Law Suit Mr. Burns reported on the oral argument held April 4 in Washington on the OSHA suit A written report was also distributed to the Board Mr. Burns stated we can expect a much quicker response from the Court if they decide in our favor than if they decide unfavorably 2. New OSHA Advisory Committee Mr. Swetonic stated that John O'Neill of the OSHA Standards section told he and Mr. Marsh that it is unlikely any progress will be made in the formation of the Advisory Committee until the law suit is settled PRODUCED JM PRODUCED we ve Tby ET Tat ere aent Tosti URE A MES- Io. Te TMi oe oo woes TT Sa ROR etter Far EEN Pe wae Tees fame AE I ANNA Seta re I 2S - . ~~ 7 3. Stender Press Briefing David Mallino attended a recent Press Briefing to introduce the new OSHA chief John Stender to the press Mr. Mallino reported 1 As of today OSHA has not changed at all under ~-. Stender's supervision 2 Union officials are already unhappy with Stender's policy decisions 3 Stender does not have any occupational health experience so we won't be able to gauge his influence on OSHA for the next three or four months at least 4 The big issue with OSHA will be the 14 carcinogens OSHA will become immersed in this for the next six or seven months 4 OSHA Compliance Manuals Mr. Swetonic stated that there will be five basic manuals He stated that he has drafts for four of the manuals and is waiting for the completion of the fifth which deals with the medical requirements of the OSHA standards b Environmental Protection Agency 1 Compliance & Interpretation Difficulties & Questions Mr. Swetonic stated that arrangements were being made for a meeting in Washington with EPA standard setting and compliance officials to review any questions of interpretation or compliance that the industry was having with the new EPA air pollution regulations ststaannddaarrddss A discussion then took place regarding the EPA PRODUCED JM - 83 Nema catia ome ATA edt ETT A EIN - . See wey ere ' or ee eee Sper, setae Late gene Mr. Marsh asked everyone to contact Mr. Swetonic if they had any compliance or interpretation problems or if they wished to send a representative to the proposed meeting 2. EPA Control Practices Manual Mr. Swetonic passed around a copy of a new book put out by the EPA called Control Techniques for Asbestos Air Pollutants showing how to comply with the standards 3 Petitions on Spraying Mr. Swetonic recommended that the AIA petition each city and state which has a universal ban on asbestos spraying to change their standards to conform with the EPA regulations Mr. Mallino reported that the Environmental Defense Fund has filed a petition challenging the EPA asbestos standard The main points of the petition are a The one percent permissible level for asbestos content in spraying materials should be eliminated b The term friable should be eliminated from the demolition requirements C. The EPA standard relies too heavily on the OSHA standard C. Food and Drug Administration 1 Meeting on Asbestos Filters Mr. Swetonic reported on a meeting held May 1 in Washington with the FDA on asbestos filters Dr. Steve Holmes of Turner Brothers Asbestos in England attended the meeting at AIA request PRODUCED JM - 83 Mr. George Vogel President of the National Association of Filter Manufacturers arranged the meeting He also attended along with another representative of the NAFM With regard to the use of asbestos filters in food and beverage processing the FDA has taken the position that they will only consider animal ingestion experiments in deciding whether to ban the filters or not The animal ingestion results so far are entirely favorable As far as the use of filters in drugs the FDA has no intention of banning the filters now but may require the use of after filters Mr. Marsh brought out that we now have very good contacts with the FDA something we have never had before d Federal Trade Commission I. Center for Science in the Public Interest Petition on Asbestos Mr. Swetonic reported that the AIA had been contacted by the FTC with regard to a petition filed by the Center for Science in the Public Interest recommending the labeling as hazardous of a variety of asbestos products Mr. Mallino suggested that the AIA make a formal request using the Freedon of Information Act as a criteria to see the petition e Bureau of Mines 1. Talc Symposium Mr. Carter reported on a symposium held recently by the Bureau of Mines on the mining of talc and talc containing tremolite Dr. Arthur Langer of Mount Sinai reported at the symposium that he is doing a study of the mortality of a SIPRODUCED J-M 83 group of talc workers in the United States So far he has been unable to discover any greater than normal incidence of disease Mr. Carter stated that at the present time the Bureau of Mines has no intention of changing its definition of tremolite as an asbestosform material f Workmen's Compensation Reform Mr. Mallino discussed the implications of recent workmen's compensation reform bills introduced into congress namely the Taft Bill and the Williams Bill Mr. Mallino also stated that Dr. Selikoff and the asbestos workers are working together on a white lung bill PUBLIC RELATIONS AND PUBLICITY a Newsweek Interview Messrs Marsh and Swetonic reported on a dinner meeting held in Washington on April 16 with Newsweek Associate Editor Jim Bishop Nothing so far has appeared in Newsweek with regard to asbestos b Public Awareness Study Mr. Isser distributed and discussed the completed demographic survey showing the extent and nature of the public's awareness of asbestos as a health problem C. Cunningham and Walsh Activities Mr. Isser distributed copies of the recently completed AIA Information File which was sent to nearly 3,000 represen- tatives of the trade and consumer media Mr. Isser also distributed W's Status Report showing the public relations projects undertaken to date . : PRODUCED JM 83 Ltoa y Ge AeA Reger LTT ETA COS 6 nee eee d AIA Position Booklets Mr. Swetonic stated that the AIA Position Booklets for distribution in about two to would be completed and ready three weeks MEDICAL AFFAIRS a Borrow Study Mr. Solon stated that Manville Corporation was contributing 10,000 to further research into William Klenk's electromotive theory of carcinogenic activity in asbestos The Board of Directors approved a grant of 5,000 for this study The Board agreed to an additional assessment to raise the funds for this grant if necessary b Dr. Selikoff Activities Mr. Solon reported on a recent speech by Dr. Selikoff recordings of the speech to at Toronto and offered to loan tape the member companies for their information CONCLUDING REMARKS Board There being no further business to come before the the meeting was on motion duly made and seconded adjourned Katherine Kinsella Acting Secretary for the Meeting PRODUCED JM - 83 Peaiintaes ASBESTOS INFORMATION ASSOCIATION AMERICA Board Directors Meeting September 1973 The Williams Club Minutes New York City A meeting of the Board of Directors was held pursuant to notice on September 12 1973 at 9:30 a.m. at the Williams Club New York City New York The following directors were present George Barge S. D. Weaver Martin Sendecki A. R. Hooker Proxy Joseph Hall F. J. Solon C. A. Neuman Jr. George P. Vogel J. K. Whittaker E. C. Bratt J. H. Marsh Kurt Schwarz William Thurber Atlas Asbestos Company Cement Asbestos Products Congoleum Industries Company The Flintkote Company GAF Corporation Manville Corporation Kentile Floors Incorporated National Association of Filter Mfgs Nicolet Industries Incorporated H. K. Porter Co. Incorporated Manhattan Supradur Manufacturing Corporation Union Carbide Corporation Also present William Fassuliotis GAF Corporation John Meyers Union Carbide Corporation Robert H. Mereness Executive Director AIA Katherine Kinsella AIA Eugene Leff Cadwalader Wickersham & Taft Matthew M. Swetonic Hill & Knowlton Inc David Mallino and Theresa Seely Government Research Company Mr. Marsh the President presided After opening remarks by the President attention was invited to the minutes of the Board of Directors Meeting held on May minutes were approved as submitted 10 1973. On motion the Laws The President reviewed the laws of the Association recommending title of Executive Director for the principal paid staff member and assigning to him the positions of secretary and treasurer of the Association Definitions of these responsibilities were offered for inclusion in the laws along with certain PRODUCED PRODUCED . J-M 83 x minor changes in the wording of the laws Waiver of prior notice to the Directors for recommended changes to the laws was made by affirmation and the changes were adopted by unaminous vote as submitted Copies of the revised laws with the changes were distributed Presentation by M. M. Swetonic Mr. Swetonic presented a report on Asbestos and Health in 1973. He noted the continuing controversy within the medical community as to the seriousness of asbestos as a hazard to health safe levels of asbestos exposure etc. He discussed epidemiological studies citing statistical data prepared by Dr. Irving Selikoff Mr. Swetonic discussed the challenges to industry stating that the industry must recognize the problems face the possibility that research may find things that many of us would prefer not to know and conduct inquiry of its own to know where we stand A discussion followed Mr. Swetonic stated the statistics he presented were not thoroughly scientifically reliable but did represent best statistical averages He said his statistics had been reviewed by Dr. Pelnar of the Institute of Occupational and Environmental Health in Montreal an imminent authority in the field Mr. Marsh pointed out that most studies have been oriented to the 1930-40 that it is difficult to period when there was poor dust control find cohorts for reliable statistical analysis that without a minimum of 20 years experience there is no thoroughly valid data Old Business A. Federal Government Affairs Mr. Marsh introduced Mr. Seeley of Government Research pending governmental actions David Mallino and Miss Terry Corporation for comments on OHSA Miss Seeley reported that OSHA plans to renew the asbestos standard some time next year OSHA was under no obligation to form an outside advisory committee A discussion followed as to whether the Association should voice its concern in having an Advisory Committee on which it would be represented It was agreed that a 15 person Advisory Committee would be desirable to properly include industry the scientific community and labor The President directed that our position should be communicated to OSHA Miss Seeley stated that there is no _ PRODUCED JM - 83 indication that NIOSH plans to develop a new criteria document on asbestos at this time Mr. Fassuliotis spoke of public disclosure of asbestos monitoring Fed Reg Aug. 30 Mr. Marsh stated this was a matter for consideration by the Technical Committee that AIA would respond Workmen's Compensation Mr. Mallino and Miss Seeley reported the workmen's com- pensation issue will be on the agenda for the next session of Congress and the reform effort will focus on the Williams S.2008 approach which is supported by the CIO The Williams bill defines occupational disease to include asbestosis talcosis mesothelioma and lung cancer The Frelinghuysen bill H. R. 6906 provides federal benefits for asbestos and mesothelioma Mr. Marsh stated that the Association must keep in mind publicity that might generate from the hearings on these bills and the enormous expense that could ultimately be borne by the industry It was stated that it could be two years before reformed workmen's compensation measures might become law Reserve Mining Trial The government's case against the Reserve Mining Company opened August 1 and will last for several months Dr. Selikoff and members of his staff are scheduled to testify Though contaminants in the water is the current issue air pollution will follow in the E.P.A.'s case Petition to FTC Miss Seeley reported that the Center for Science in the Public Interest presented a petition in March to the Federal Trade Commission to provide inventory of all asbestos products on the market and require labeling of all consumer products containing asbestos FDA Mr. Vogel reported that the FDA has been reviewing the uses of asbestos and has been petitioned by the Environment Defense Fund to ban the use of asbestos filters The FDA will publish the petition in the near future will take no position Mr. Vogel suggested that AIA be more aggressive in relationships with the FDA Mr. Solon stated that he was advised tremolite in talc will be banned by the FDA Miss Seely said there is a tendency to treat asbestos and talc as the same PRODUCED JM - 83 EPA Mr. prepared proposed Comments Swetonic spoke of the Arthur D. Little study being for EPA The study is based on the effect of the water effluent standards on the asbestos industry have been requested from members and will be evaluated for inclusion in the study Department of the Interior Mr. Swetonic reported a tightening of health and safety standards for metal and metal mines is being proposed by the Department of the Interior The Mining and Enforcement and Safety Administration published a proposed asbestos standard on August 29 1973 which would limit asbestos dust exposure to a time weighted average airborne concentration of five fibers per milliliter There is no information at the present time that the agency will hold public hearings on this standard Mr. Swetonic suggested that interested member companies send comments on the proposal to the Department of the Interior B. State and Local Government Affairs Connecticut Hearings Mr. Weaver reported on the State of Connecticut Department of Environmental Protection hearings he attended on July 25 in Hartford Connecticut He stated that any State with Federal approval can standards so promulgate its own set of long as the standards are environmental as effective health as those promulgated by the EPA in Washington AIA and State Regulations A letter of September 7 from Mr. Richard Carter of JohnsManville to Mr. Marsh recommending that AIA monitor state laws and regulations pertaining to asbestos was submitted Mr. Marsh stated that AIA should consider recommendation to each state to follow Federal regulations He asked for written comments on the means and feasibility for AIA to monitor the proceedings of states Executive for regulations on Director He said asbestos to be forwarded to the the Carter report and member recommendations would be considered at the next Executive Com- mittee meeting October 18 PRODUCED JM - 83 C. Medical Affairs Lewinsohn Letter Exchange Mr. Marsh and Mr. Swetonic reported on a minor problem that developed with Dr. Selikoff concerning Dr. Lewinsohn's letter defending the two fiber theory which the AIA sent to the Department of Labor Dr. Selikoff has demanded an apology from AIA for failure to ask him for comments before transmitting the letter Borrow Study Mr. Marsh reported that AIA had sent a check for 2,500 toward a 5,000 grant sponsored by AIA to further research into William Klenk's electromotive theory of carcinogenic activity in asbestos The experiments are continuing No positive results were available to report New Business A. Program for the Coming Year Mr. Marsh stated that AIA was expanding its Executive Committee and would be holding more frequent meetings He also advised he would seek better organization and response capability of the Technical Committee and closer relationships with asbestos related associations domestic and foreign B. OSHA Compliance Manuals Mr. Swetonic reported that OSHA Compliance Manuals were completed in first draft and would receive a second look by the ad hoc committee as expeditiously as possible preparatory to publication C. AIA Washington Office Mr. Mereness reported that the AIA office in Washington 1660 L Street NW would be fully operative by October 1 at which time the New York office would be closed D. President's Remarks Mr. Marsh presented tokens of appreciation to Mr. Swetonic and Miss Kinsella for their outstanding work with the Association since its inception He welcomed Mr. Mereness as the new Executive Director Members were asked to provide Mr. Mereness PRODUCED JM - 83 with background material etc. industry information such to assist him in as annual reports promotional a broad understanding of the There being no at 12:00 noon further business the meeting was adjourned . H. Mereness Secretary hee PRODUCED JM - 83 Asbestos Information Association America 22 East 40th Street New York N. Y. 10016 212-689-3378 May 4 1973 TO AIA BOARD OF DIRECTORS Gentlemen Please find attached the minutes of the AIA Board of Directors meeting held on February 15 1973 at the Williams ~~ Club in New York Sincerely L. L. Kinsella Kinsella Kinsella Katherine Kinsella Executive Assistant MINUTES OF BOARD OF DIRECTORS MEETING OF ASBESTOS INFORMATION ASSOCIATION AMERICA February 15 1973 Williams Club New York City A meeting of the Board of Directors was held pursuant to notice on February 15 1973 at 9:30 A.M. at the Williams Club New York New York The following Directors were present J. L. RAINEY W. E. GATEWOOD MARTIN SENDECKI A. R. HOOKER Proxy PAUL I. WEINER Esq R. P. CARTER Esq Proxy A. H. FAY F. WORKMAN Proxy JOHN VITALE Proxy J. H. MARSH KURT SCHWARZ W. N. JOHNSON WES SAUERLAND Proxy Amatex Corporation Certain Products Corp. Congoleum Industries Inc. The Flintkote Company GAF Corporation Manville Corporation National Gypsum Company Nicolet Industries Inc. H. K. Porter Company Inc. Raybestos Supradur Manufacturing Corp. Union Carbide Corporation Jim Walter Corporation Also present were IKE WEAVER Raybestos BOB HYLAND GAF Corporation FRANK ZIMMERMAN National Gypsum Company D. W. JAQUAYS and NELSON MUNCY Jaquays Asbestos Company M. M. SWETONIC Executive Secretary AIA KATHERINE BUCHMAN AIA DAVID MALLINO Government Research Company MIKE ISSER and JACK STEINBERG Cunninangd hWaalsmh and JOSEPH W. BURNS Esq and GARY M. LACHMAN Esq Burns Van Kirk Greene & Kafer Counsel Mr. Marsh the President presided and Mr. Lachman acted as Secretary and kept the Minutes The Minutes of the Board of PRODUCED PRODUCED JM - 83 Directors meeting held on December 14 1972 were on motion duly made and seconded unanimously approved as reproduced and distributed FINANCIAL REPORT Mr. Marsh stated that he was not completely satisfied with the format of NA's Financial Report dated December 31 1972 copies of which were distributed to the Directors since it indicated some arrears in membership dues Mr. Marsh said in the future he will receive monthly statements of income and expenditures from NA's accountant M. L. Rachlin and Company These monthly reports will be reviewed and submitted to the Board of Directors on a quarterly basis Mr. Marsh reported that as of February 13 1973 AIA had 86,000.00 in the bank On motion duly made and seconded NA's Financial Report dated December 31 1972 was unanimously approved ENVIRONMENTAL CONTROL a Compliance Manual Mr. Swetonic reported the OSHA Compliance Manual will re a be in the form of five 5 booklets rather than one 1 large oe or booklet The booklets cover the following subjects OSHA standards ce individual protection medical requirements monitoring and control practices Mr. Swetonic has scheduled five 5 meetings with the individuals working on the various booklets It is anticipated that the booklets will be ready for distribution to PRODUCED the individual member companies by the middle of this year PRODUCED JM - 83 b LFE Membrane Filter Study Mr. Swetonic summarized the final report from LFE Environ- mental Analysis Laboratories Division entitled Statistical Evaluation of the Procedure for Counting Asbestos Fibers on Membrane Filters a copy of which was distributed to each Director He outlined the broad points of the study and in particular he mentioned the variances discovered in microscope quality Mr. Weaver mentioned the Los Alamos study which discusses variations of up to -400 This study is going to be presented to the American Conference of Governmental Industrial Hygienists in Boston in May 1973 Mr. Marsh commented on the possible inaccuracy of the membrane filter method and asked Mr. Burns for his comments regarding the industry's position in light of such a development Mr. Burns discussed the OSHA asbestos standard and the legal principles applicable if research reveals an unreliable testing method Mr. Marsh stressed the importance of obtaining a copy of the Los Alamos study and making sure that the Labor Department sees it C. Asbestos Textile Institute Meeting Mr. Weaver reported on the last meeting of the ATI He was a member of the Air Hygiene and Manufacturing Committee He said that among the various topics discussed were the types of protective clothing available to the employees of ATI's member PRODUCED -3- JM - 83 companies the rate of vacuuming in various plants the adequacy of worker's change time after lunch and between shifts and the unreliability of the membrane filter method Mr. Weaver said he had suggested that more meetings be held where industry representatives could exchange information Mr. Burns recommended that Mr. Swetonic should receive copies of all reports outlining the information received at sessions such as the ATI meeting In addition he suggested that it might be a good idea to have individual members send copies of any compliance or inspection report to Mr. Swetonic as a central fact gathering point This procedure would enable the AIA to keep informed about all of the pertinent operational problems facing the industry $ Mr. Weaver stated that NIOSH's microscope evaluation study will be made the week of March 12 1973. Mr. Marsh said it was for this reason that AIA was not conducting its own microscope variation evaluation PUBLICITY AND PUBLIC RELATIONS a The New York Times Mr. Swetonic reported that The Times had called him and said they would publish a shortened version of his seven 7 page letter to the Editor in response to Robert Sherrill's January 21 1973 article in The Times Sunday Magazine Mr. Swetonic has submitted - PRODUCED JM - 83 a 395 word letter to The Times which he expects will be published in the near future He added that his seven 7 page letter could still be used by the individual members for purposes of customer information b Saturday Review Mr. Swetonic noted the Saturday Review article entitled An Asbestos Town Struggles With A Killer almost entirely dealt with Manville's operations For this reason JM not AIA should issue a reply C. Nader Report on Asbestos Mr. Mallino reported that one of Ralph Nader's groups was preparing a report on asbestos which will focus ments in the area of asbestos related diseases on research developthe EPA emission standards and consumer products containing asbestos He did not know in what manner this report would be released to the public d Public Awareness Study Mr. Swetonic outlined the rationale for this survey He said that in view of the increased rate of press interest in asbestos and health AIA must be able to gauge the public's general awareness and concern regarding asbestos Further AIA must know if it is properly using its time Mr. Jack Steinberg summarized the nature and objectives of the survey and discussed the format and techniques of the survey's questionnaire - 5 - PRODUCED JM - 83 Mr. Marsh stated the 7,500.00 expenditure for this survey had been approved by the Board of Directors last fall and emphasized Mr. Swetonic's strong feeling for the necessity of this survey at this time It was the consensus of the Board that the survey should be made as soon as possible e Asbestos Information File Mr. Swetonic reported that he and W have nearly completed revising the five 5 position papers which are to comprise the Asbestos Information File Mr. Swetonic said that all comments had been received regarding the revision of these papers The final booklets will be available for use by individual member companies Mr. Isser discussed the important purposes and the high priority of this File Extensive discussion ensued regarding the proposed distribution of the File Ameo f Cunningham and Walsh Activities In addition to the main items of the Asbestos Information File and the Public Awareness Study Mr. Mike Isser described the achievements of the Speakers Bureau and how Cunningham and Walsh can help with the various programs in this area He mentioned several specific upcoming favorable articles in the trade press He said that a news article being developed on the Lyon Conference must await the World Health Organization's approval before it can be released -6- PRODUCED JM - 83 Mr. Marsh and Mr. Fay commented that certain types of proprietary news releases were seemingly not NA's function to report but rather should be more appropriately handled on an individual company basis GOVERNMENT AFFAIRS a Washington Roundup 1. New OSHA Head and Consequences David Mallino of the Government Research Company reported on the background of John H. Stender the as yet unannounced nominee for Assistant Secretary of Labor for Occupational Safety and Health Mr. Stender is a oriented State Senator from the State of Washington He is the personal choice of the Secretary of Labor Peter Brennan Mr. Mallino noted that Mr. Stender's experience in the area of occupational safety and health is extremely limited It is likely that at the outset Mr. Stender will have staff problems in the daily operations of OSHA 2. State Plan Program Mr. Mallino reported that the unions had won an injunction in the United States District Court District of Columbia Circuit which stayed OSHA's administrative attempt to extend the States jurisdiction in the beyond the December of the Occupational field of occupational safety and 28 1972 time deadline mandated Safety and Health Act of 1970 health by Section Therefore 18h -7- PRODUCED JM - 83 rem eee ee only as State plans are approved by States have jurisdiction to enforce the Labor Department will the occupational safety and health laws Mr. Mallino noted that the unions are opposing in the State legislatures the requisite enabling legislation for individual State occupational safety and health plans Mr. Mallino commented that 50 of OSHA's proposed 1973 Budget is earmarked for the State programs which are being funded by the Federal government 3 Daniels Bill Mr. Mallino reported that Rep Dominick V. Daniels N.J had introduced HR 1720 a bill which repeals the Federal Metal and metallic Mine Safety Act This bill and other proposed legislation seeks to transfer the development of mine safety standards from the Bureau of Mines to the Labor Department There also exists congressional sentiment that the Federal Metal and Metallic Mine Safety Act should be toughened but not transferred from the Department of the Interior to the Department of Labor Mr. Mallino reported that NIOSH's budget had been cut and that there is a good deal of feeling in Congress that the Nixon Administration's overall budget is weak in the area of social action programs -8 -8 PRODUCED JM - 83 b EPA Emission Standards Mr. Swetonic said recent information indicates that the EPA's final emission standards on asbestos will be released in the near future Mr. Mallino said the issuance of the Nader asbestos report will probably coincide with the promulgation of the EPA standards C. EPA Water Pollution Study Mr. Swetonic reported that various companies had been contacted in connection with the aspect of this study which includes waste water containing asbestos fibers He stated that the organization conducting the study which has been contracted by the EPA does not think there is any significant problem for the asbestos industry in this area d State of California Asbestos Regulations Mr. Swetonic reported that AIA had submitted comments after receiving an extension of time to do so to the California Industrial Safety Board for its consideration in adopting a proposed asbestos standard NA's comments were made with the understanding that the California regulations must be as effective as the OSHA standards LEGAL AFFAIRS a- OSHA Law Suit Mr. Burns gave a status report of this litigation He said he expected to receive a copy of Petitioner's reply brief PRODUCED within the next few days 9 JM - 83 DEPOSITION ay EXHIBIT 613 613 LAWS OF * ASBESTOS INFORMATION ASSOCIATION AMERICA ARTICLE I MEMBERSHIP AND MEETINGS OF MEMBERS : SECTION 1 The following shall be ASBESTOS INFORMATION ASSOCIATION AMERICA corporation organized under the General Corporation the State of Delaware and hereinafter called Association ; SECTION 2. Any individual firm or corporation or seling selling asbestos in the United States eligible using member Only one membership shall be granted to a to be and affiliated or subsidiary companies in . pwahriecnht thceorppaorreanttioncorporation owns or controls a majority of the voting stock SECTION 3. Any individual firm or corporation for membership may become a member of the Association eligible Board of Directors after making application approval by the evidence of eligibility upon - for membership in writing submitting but no and indicating a willingness to abide by these Laws eligible applicant meeting the requirements of this section . shall be denied membership ; -, 1, 2% member may resign at any time by giving written but such resignation shall not in any notice of resignation to the Association by affect such member's indebtedness way theretofore levied against such reason of any unpaid dues member resigning from the member provided Association shall however that not be liable any for any dues levied by the date of the Board resigna- of Directors within ten 10 days prior to when the tion or for any dues levied by the Board of Directors member shall not have received notice of such levy resigning more than fourteen 14 days prior to the date of resignation The membership of any member who ceases to be eligible shall be automatically forfeited as of the date for membership and any member who shall have such member ceases to be eligible after written failed to pay any dues within sixty 60 days 4, - wi ee 20 s . pote : cows . oe notice of the levy of such dues may be expelled by a ttw wotwoo membership meeting provided vote of the members present at ansyhall contain notice of the that the notice of suchmemmbeeertiwnhgose membership has been forfeited pboesceaduseexopfulisnieolnigibAniylity and any member expelled for patheretoforeyment of dues shall remain liable for any unpaid dues theretoforethertotfreheretofore Poo. levied against such member . ; oe, -:- eG ~ No dues shall be levied against the members for the _ calendar year 1971. . The Board of Direcftoorrsanyshaslulbsheaqvueent the year-: by : (+ authority to levy dues on the membersof any such.year oe > to actionactionprior the beginning es A te by the ve wets ge Faye + ee a a be . \..-.) otherwiseb`yrelqauwiroerd otherwise`required Except as may be of Incorporation or by these Laws any right Certificate 1 vote and any right title and interest of any .."- to of members the Association and properties and fran- * -- -- membershaor lltocease and divest on termination of membership ee te OR TLE - . wee TS chises a tale . cn . ee wie the of The .* 7.03 SECTION 4. annual meeting the members of the - commencing with the year 1971 shall be held at the Association office of the Association or at such other place within by principal be determined the Board or without theanSdtaas te sohfallDelbeawadreesia gs namtaeyd in the notice of said of each year or : of Directors meeting on the second Wednesday in September not a said day be a legal holiday then on the next succeeding day legal holiday for the purpose of electing directors for members the and . of establishing annual dues to be paid by the members purpose of such other business as may properly be -. S for the transaction ae es aot koe oe meeting before the eR A brought , 1S eee) . os + iia Meee tle eto he be shall of the members > tee a? on SECTION : Special meetings Meee office of the Association or at such other 7 held at the principal State of Delaware as may be designated * place within or without the call of the Board of Directors 2in the notice of said meeting upon be fixed of may Board * or of the President at such time as writing the a in to Directors or the President ar upon request the 1. * President of at least three members of the Associatioans ~ c we ase may be and as shall be stated in the notice 7% SECTION every place Aol ES 6. Notice of the time and meet- writing and signed by the Secretary ing of members shall be in thereof shall be served - - or an Assistant Secretary and a copy than ten days before the either personally or by mail less to vote at such meet- each member of record entitled meeting upon notice shall be given as may be required by law ing - Such further otherwise expressly provided by statute no pub- be liExccaetpitonas omfayanybe notice of a meeting of members shaweelee, l requ3 ired = w-e ~- Pee woe - of an adjourned meeting of members need be given un- No notice by statute All meetings less it shall be ehxperledsswliythoruetquinroetdice and without the lapse of members may be of time if at any time before or after such acwaived in writing by of any period tion be completed such requirements be entitled to entitled to said notice or the person or persons to be taken or by his attorney there- participate in the action unto authorized or SECTION 7. A majority of the members entitled to vote at the meeting present in person or Cbeyrtipfriocxayte sohfalIlnceoxrcpeoprtation as otherwise provided by law or the of the members if there constitute a quorum at all meetoifngssuch members so present presentpprreesseennttpresent or so be no such quorum a majority the meeting from time to to time time time time , without without represented may adjourn , further notice SECTION 8. Meetings of the members shall be presided or if he is not present by a Vice over by the President President is present by the President nor a of the Associ- or if neither to be chosen at the meeting The Secretary Chairman or in his absence an Assistant Secretary shall act as the Secretary nor an ation of every meeting but if neither Secretary the meeting shall choose any per- Assistant Secretary is present of the meeting . son present to act as secretary SECTION 9. Every member entitled to vote at any meeting entitled to one vote At all may so vote by proxy and shall be but need not be by ballot elections of directors vothtees voctasitng tmhaeyreat shall elect and a plurality of the must be executed in writing by the member Every proxy his duly authorized attorney No proxy entitled to vote or by of three years from the date shall be valid after the tehexpimermabteironentitled to vote executing it shall of its execution unless therein a longer period Every proxy shall have specified executing it or of his be revocable at the pleasure of the person personal representatives or assigns ARTICLE II : DIRECTORS SECTION 1 The property affairs and business of the Board of Directors consisting Association shall be managed by its Each director of one director representing each membeorfca ommpeamnbyer during his or shall be the designated representative her directorship -3- " PRODUCED JM - 83 3 The members of the first Board of Directors shall be those persons elected by the incorporators of theAssociation Association The first Board and subsequent Boards shall consist of eight directors until changed by resolution of the Board Except as hereinafter provided directors shall be elected at the annual meeting of the members of the Association and each director shall be elected to serve for one year and until his or her successor shall be elected and shall qualify provided however designated that failure to elect directors at the time therefor shall not work any forfeiture or dissolution of the Association If and when the number of directors shall be so increased the additional directors then to be elected shall be elected bya majority of the directors in office at the time of the increase : or if not so elected prior to the next annual meeting of the members of the Association they shall be elected by said members No member of the Association Board Directors * + one representative representative on the of Directors have more than . then A mejority of the Board of Directors | acting but in no event less than third nor less than two of the number of directors authorized acting at a meeting duly assembled shall constitute a quorum for the transaction of business but if at any meeting of the Board of Directors there shall be less than a quorum present a majority of those present may adjourn the meeting without further notice from time to time until ^ quorum shall have been obtained . In case one or more vacancies shall occur in the Board of Directors by reason of a death resignation or otherwise the remaining directors although less than a quorum may by a majority vote elect a successor or successors for the unexpired term or terms A vacancy in the Board of Directors for the pur- poses of this section shalble deemed to exist whenever the . directors increase their number by an amendment to these Laws or whenever the members of the AssociationAssociation shall fail to elect | . directors : OSs . val ete Lo 227 Lee as Meetings of SECTION 2. of the Board Directors shall be held may State at such place within or outside the of Delaware as time to time be fixed resolution of the Board of . Directors or as may be specified in the noticoef the meeting Regular meetingosf the Board of Directors shall -e held at such times as may from time to time be fixed by resolution of the Board of Directors and special meetings may be held at any time upon the call of the President by oral telegraphic or written notice duly served on or sent or mailed to each director not less the than two days before such meeting A meetinogf Board of Directors may be held without notice immediately after the annual meeting of members of the Association at the same place at which | i 7 en - . = : . . a 7 ~ ae aes wt . . . _4 on so - PRODUCED ne -_ . - 7 ae ee - " 2 ey - ~ Pe Teem e ne et # = ClasadSt ae eee ere ee Notice need not be given of regular meetings such meeting is held held at times fixed by resolution of the of the Board of Directors be held at any time without Board of Directors Meetingsare maypresent or if at any time before of the meeting notice if all the directors waive notice those not present ; or after the meeting ; in writing Board of Directors may in its discretion SECTION 3. The of the whole Board of by the affirmative vcootmemiotftetehse mianjcolruidtiyng an Executive Committee be conferred Directors appoint which shall have and may exercise such powers as may appointing them The Executive or authorized by the resolutioofnsthe President two Vice Presidents Committee shall be composeadnd three directors designated by the the Secretary of any such committee if President The majority may determine its is composed of more than two members unless the Board of fix the time and place of its meetings The Board of Directors shall Directors shall otherwise provide to change the member- at any time to fill vacancies in _ have power such committee ship of or to discharge any majority 4. At any special meeting of the members of SECTION as provided in these Laws any of a _ the Associatdiiornectcoa rslmlayebdy the affirmative vote of director or of all of the members entitled to vote for the election either with or without cause directors be removed from office be elected at such or their successors may and his successor to the extent vacancies meeting or the remainingeldeicrteicotnorfsim llayany vacancy or vacancies are not filled by such created by such removal . ARTICLE III OFFICERS The members of the Association shall elect SECTION 1. and from time to time may a President and a Secretary and such Assistant Secretaries elect one or more Presidents officers agents and employees Assistant Treasurers and suAcnhy otwtoheroffices may be held by the same from among as they may deem proper but need not be chosen These officers may person the directors of office of all officers shall be SECTION 2. The term are elected and . and until their respective successors either with one year be removed from office qualify but any officer may the affirmative vote of a majority or without cause at any time by > oo - - PRODUCED JM 83 5 then in office A members of the Board of of DirecDirectorstors be filled of the arising from any cause may of Directors vacancy in any office of the term by the Board for the unexpired portion by of the Association shall SECTION 3. such powers The and officers duties as generally pertain to and duties as their from each have as well as such powers The respective offices the Board of Directors time to time may be conferred the Assistant Secretary or or Presidents or Assistant President and the Assistant Treasurer Secretaries seniorities Assistant the order of their respective Treasurers shall in of the President or Secretary- in the absence or disability the duties ddutiesuties of such officer and duties Treasurer respectivelythpeerPfroersmident or Secretary Treasurer shall generally assist respectively shall appoint an SECTION 4. The Board of Directors of the the pleasure Director who shall serve during . shall Executive The Executive Director Board over the and active supervision a Have general subject , however , to the business of the Association , . control of the Board of Directors b Serve as Secretary ; that all orders and resolutions of carried into the Board effect c See of Directors or the Association are Board of Directors from time to time to the his knowledge and report on all matters within and the Association the interests of the Association which in his judgment the notice of the Board or to be brought . may require . e ; the Association a Prepare and plans and suggestions submit to the Board of Duinrdeecrttoarksenundertaken for work to be done or be . by the Association of the office of the Association + e Have full charge of the meetings of the Associa- f Keep the minutes ss tion and the Board of Directors ; be assigned to hi shall perform such other duties as may He may sign and and he to time by the Board of Directors Association when auth from time in the name of the Board of Directo execute any instrumtehnet Board of Directors The bond for the rized to do so by Executive Director give a bond to be require that the duties the cost of such may of his faithful performance . borne by the Association BO Le 5 PRODUCED te JM 83 ARTICLE IV INDEMNIFICATION who is or shall be or shall have been a Every person Association and his personal repre- director or officer of the the Association to the ex- sentatives shall be indemnified by and expenses reasonably against all costs with or resulting tent legally possible him in connection incurred by or imposed upon to which he may be made from any action suit or proceeding been a director or officer of his being or having party by reason of any subsidiary or affiliate thereof ex- shall finally be of the Association or as to which he cept in relation to such matters suit or proceeding to have acted in adjudicated in such action liable by reason of willful misconduct bad faith and to have been such director or officer in the performance of shhiasllduitnyclausde but without limiting the and reasonable Costs and tehxepreensoefs attorney's fees damages generality amounts paid in settlement ARTICLE V INFORMAL ACTION to be taken at any permitted Any action required or committee thereof may of the Board of Directors or anyany action a written written written written written meeting meeting meetinmegting meting a meeting if prior to such of be taken without all members of the Board or of of consent thereto is signed by and such written consent consent the committee as the case may be of the Board or ththee the the proceedings is filed with the minutes of * committee ARTICLE VI CERTIFICATES OF MENSERSHIP the the The Board of Directors form and contents of any certificates certificates Association may decide to issue ARTICLE VII FISCAL YEAR s The fiscal year of the Association shall begin on ~ the first day in January in each year and shall end on the thirty day of December next following unless other- wise determined by the Board of Directors my . CORPORATE SEAL| The official seal of the Association shall have inscribed of the Association and the year of its incorpora- thereon the name contain such other words and tion and shall be in such form and The official the Board of Directors shall determine figures as engraving lithographing stamping seal may be used by printing or affixing or causing to be or otherwise making placing lithographed stamped or otherwise made placed whatsoever printed engraved or document by any process or affixed upon any paper of said official an impression facsimile or other reproduction . seal 8 of the Association may be amended added to The Laws of the directors by affirma- rescinded or repealed at oafnythmeeedtiirnegctors provided notice of the .tive vote of a majority in the notice of the meeting - proposed change is given I HEREBY CERTIFY that the foregoing is a full true of the Laws of the aforenamed Association and correct copy as adopted by the undersigned pursuant to and the certifi- of a Delaware corporation of the State Delaware the authority of the law date hereof cate of incorporation thereof in effect on the Dated October 1 1973 SEAL . | . .* -8- .PRODUCED ses cee an eee ee ASBESTOS INFORMATION ASSOCIATION AMERICA Board of Directors Meeting December 6 1973 National Association of Home Builders Building Washington D. C. A meeting of the Board of Directors was held pursuant to notice on December 6 1973 at 10:00 a.m. at the National Association of Home Builders Housing Center Washington D. .. The following Directors were present James Armstrong E. C. Bratt A. H. Fay W. E. Gatewood T. Dougherty A. R. Hooker J. H. Marsh C. G. Morgan J. L. Rainey William Thurber F. J. Solon Jr. Martin Sendecki Joseph Hall G. Parry Weiss J. K. Whittaker Proxy Bendix Corporation H. K. Porter Company Inc. National Gypsum Company Certain Products Corp. The Flintkote Company Raybestos North American Asbestos Corp. Amatex Corp. Union Carbide Corp. Manville Corp. Congoleum Industries Inc. GAF Corporation Garlock Inc. Nicolet Industries Inc. Also present Robert H. Mereness Frank Zimmerman National Gypsum Company Executive Director AIA Carol W. Grant AIA Jill Cummings Cadwalader Wickersham & Taft Theresa Seeley Government Research Corporation Susan Simons Government Research Corporation and Matthew M. Swetonic Hill and Knowlton Inc Introductory Remarks In opening remarks Mr. Marsh President announced the formation of the Association's Technical Committee under the chairmanship of Edmund M. Fenner of Manville He said the list of nominations from member companies would be reviewed in the next week and a meeting of members of the Committee with OSHA officials would be held in early January He stated that provisions for the Committee in Federal and State addition to regulations working on as regards the PRODUCED JM - 83 use of asbestos would serve as an advisory body to the and the executive director in connection with technical concerning the asbestos industry president matters Mr. Marsh spoke of the need for a medical spokesman for the Association A discussion followed as to possible candidates for such a position and the availability of personnel with current recognized knowledge in the field of possible asbestos diseases The president welcomed representatives of two new member companies Bendix and Garlock and personnel providing legal and informational assistance to the headquarters staff Minutes 1 On motion the Minutes of the previous meeting September 12 were approved as submitted Report of the Executive Director Mr. Mereness advised the move of the Association's office from New York to Washington was completed on October 1. He discussed the volume of office work resulting from increased activity of Federal and State governments and public interest groups regarding the asbestos issue Mereness reviewed the objectives of the Association commented on efforts to complete membership opportunities and voiced his appreciation of the cooperation of members with the Association's staff He spoke of close working relationships with asbestos trade associations and with the Quebec Asbestos Mining Association and the British Asbestos Information Committee He said that actions were being taken to formally recognize these groups as affiliated members of the AIA He mentioned that a paper book was being considered as an Association publication which would tell the asbestos story and serve as an informational as well as a promotional hand for the industry Federal Government Affairs Terry Seeley and Sue Simons reported on Federal Governmental industry of Government Research Corporation activities affecting the asbestos A. Occupational Safety and Health Administration OSHA The early 1973 OSHA decision to open the asbestos standard and appoint an outside advisory committee was reversed in October when OSHA Administrator John Stender announced the procedure for PRODUCED JM - 83 reviewing the standard The procedure calls for standard within OSHA which will be submitted to developing a new outside con- sultants for review possibly in January 1974. Subsequently OSHA will conduct plant tours to determine feasibility of proposals By July 1974 OSHA expects to be ready to prepare its new standard It is expected that the new standard will emphasize work practices and engineering controls at the same time retaining the numerical exposure level requirements of the present standard B. Food and Drug Administration FDA The Food and Drug Administration proposed September 28 that asbestos filters be banned in the manufacture of parenteral drugs FDA would allow asbestos filters to be used if followed by use of a asbestos filter If a manufacturer could prove that the safety or efficacy of the drug would be compromised by the use of a nonasbestos filter he would be permitted to use an asbestos filter The comment period on the proposed regulation runs through December 1973. To date FDA has received no comments on the regulation However the Environmental Defense Fund which along with the Center for Science in the Public Interest has petitioned FDA to ban asbestos filters altogether is clearly dissatisfied with the proposed regulation and can be expected to criticize the proposal C. Mining Enforcement and Safety Administration MESA The Mining Enforcement and Safety Administration came into being during a organization of the Interior Department last Spring It assumed from the Bureau of Mines responsibility for mine health and safety Two standards that affect the asbestos industry are currently under consideration in MESA One proposal would change the particulate standard now used in metal and non- metallic mines to a fiber standard The comment period on the proposed rule ended in October A MESA advisory committee met in October No action has and will meet been taken again in January to consider a definition of asbestos Final action will not come before that meeting The second MESA proposal applies to asbestos useage in coal mines In November 1972 it was proposed that the current particulate standard be changed to a fiber standard No action has been taken on this proposal because MESA officials do not want a fiber standard they would prefer that the OSHA standard be adopted for coal which does research for MESA insists mines on the However fiber NIOSH standard The Bituminous Coal Operators Association has demanded a hearing on the proposal granted and that It appears likely that the hearing will be consequently final action on the standard will be postponed several months D. Workmen's Compensation Major legislation to reform the workmen's compensation system is pending in Congress The major bills have been sponsored by PRODUCED JM - 83 Senators Williams and Javitts and by Representatives Perkins and Daniels Separate bills sponsored by Senators Humphrey and Taft and by Rep Frelinghuysen take a more limited approach to reform of workmen's compensation by providing Federal benefits for specific occupational respiratory diseases Although these bills are unlikely to be enacted they will generate publicity and thereby increase the demand for reform of the work system Of major importance in bills is the provision to define arising out of or in the course of to mean that related causes must be a contributing cause of injury or illness Hearings on work- men's compensation including a hearing to N. J. are planned in 1974. Final actions be held in Manville will not occur until at least 1975. Industry position should be formulated now Environmental Protection EPA's hazardous asbestos air pollution standards were set in final form in March 1973. They consist primarily of performance standards vice numerical standards calling essentially for no visible emissions from a number of asbestos operations and imposing restrictions on demolition operations and asbestos content in spraying compounds The Environmental Defense Fund has objected to these standards as being inadequate and relying on OSHA and MESA enforcement as sufficient for protecting the environment outside the workplace EPA is now considering im- posing additional controls on asbestos waste disposal sites and controls on additional fabrication operations where asbestos parti- cles may be a number of Results can emitted into the air EPA has taken air samples from plants not be for evaluation by the Battalle expected before February 1974 laboratories therefore proposals for additional air controls on asbestos are not expected before Spring of next year operations EPA proposed a standard for water pollution controls for asbestos manufacturing plants on October 30. The standards have to do with seven asbestos product categories but primarily asbestos products paper products millboard roofing and floor tile Reaction has been unspectacular Significant changes to the standards are not predicted Publication date is planned for February 1974 EPA has moved into the second phase of the asbestos water effluent program The firm of Sverdrup and Parcel began six weeks ago to develop water pollution standards for textile products gaskets etc. not covered by the October 30 standards The final development of these standards will not likely be completed until next April It will be several months before these standards can be officially proposed Reserve Mining Trial People following asbestos events knew standards were coming PRODUCED JM - 83 ee ete rere Ot ree - wae ee et i - es but high levels of asbestos in Duluth drinking water discovered last Spring resulted in a landmark environmental trial built around the issue of ingested asbestos and intense public pressure on the Federal environmental agency's entire asbestos control program that could not consumed by the trial was a late addition to be anticipated About 19 weeks have been Issues remain fuzzy The asbestos issue the water pollution dispute between Reserve and the Government The first phase of the trial - still under- way -~ has been devoted to the public health issue -- that is ingested asbestos -- and the issue of whether to close the plant immediately From the start of the trial on August 1 until midSeptember the Government -- that is EPA and the Justice Dept. plus assorted environmental groups -- argued their positions on the type of asbestos allegedly found in Lake Superior its source namely Reserve rather than tributary streams and the movement of asbestos around the Lake In late September the Mt. Sinai scientists and others presented testimony on fiber counts in air and water and repeated their frightening comments on the health of asbestos workers Dr. Selikoff has not presented adequate data on tissue analyses from diseased Duluth residents The midNovember Durham conference on ingested asbestos failed to add significant data Without solid data the presiding judge felt unable to support a decision to close the plant The trial moved on to Reserve's witnesses who have been testifying since early October Reserve was slow in putting its medical witnesses on the stand but several have testified and several more will continue to refute the contention that the Duluth problem poses a significant health is no ray evidence hazard via the water supply and to show adverse health effects that there As it stands the judge is disinclined to close the plant based on what he has heard He plans to let the trial run through most that is the of December and economic phase into the next phase of the case -= This will allow determination of the economic consequence of requiring Reserve to either close down or to change its disposal operations While this has been happening in Minneapolis EPA has been attempting to draft drinking water guidelines in response to a request from the Minnesota governor and the mayors of the various communities affected by Reserve's discharge These communities don't know if they are in the midst of a health crisis or not -- they need official advice EPA produced in October a recommendation that the asbestos levels in Lake Superior water supplies be reduced to levels technically achievable and more commensurate with levels found in water systems in other parts of the state Technically the recommendation must come from the President's Council on Environmental Quality It must be assumed we are one step closer to a standard on asbestos This could have great impact drinking water on the asbestos PRODUCED JM - 83 industry particularly on C pipe if it can be shown to contribute asbestos fibers to the water EPA admits that they don't have enough data to support a numerical asbestos water standard but they are basing the Lake Superior recommendation on prudence and it is likely that communities outside Minnesota will become jittery about water supplies if asbestos particles are found Environmentalists are planning to sue EPA for not immediately treating asbestos as a toxic water pollutant which EPA can regulate just as it regulates asbestos as an air pollutant EPA believes it does not have enough data to support an asbestos standard but the environmentalist's main arguments are that asbestos is a known and that no intentional or avoidable contribution of carcinogen asbestos to the water environment should be allowed This argument could end in court the asbestos industry faces five environmental policies In sum finalized | existing air pollution standards on asbestos a soon water pollution standards on asbestos manufacturers announced recommendation that asbestos be removwea dtefrromstdarnidnakridngand water in Minnesota a likely asbestos drinking standard Whether or a possible asbestowsilltoxhiacvewattoermeeptollwa uttearnt standards in addition to not the industry on Mt. Sinai's ability to produce defini- air standards now depends tive ingested health effects evidence The Image of the Industry Mr. Swetonic past executive secretary of AIA and presently executive for the public relations firm Hill and Knowlton an account Inc. said that from the press point of to the view the asbestos industry asbestos issue has as a result of national attentionsense That is an industry in news value only in the negative be criticized for alleged desregard the present climate that can Swetonic for the welfare of its workmen and the general public said results of the AIA Public Awareness Study show that the has little concern with or awareness of the health average man problems being associated with asbestos He and content of future emphasized that it is national press articles unlikely that the tone efforts of the AIA but will be greatly improved by if the Association does on asbestos that the stories could become even worse nothing to tell its story A continuing active public relations and the Association should plan its program is necessary he snoatidonly to be responsive but in creative public relations program and imaginative terms as well Swetonic suggested a public relations the Association to take individual that would center within program off the hook provide for wide dissemination of timely companies constructive news releases and articles carefully irresponsible select responses stories conduct to editors as a result of damaging advertising in the trade press publicly respond apropriate appropriate to Government representation decisions affecting asbestos assure PRODUCED PRODUCED PRODUCED PRODUCED PRODUCED and actions at Government hearings and public with the asbestos issue establish a priority ences for its public relations efforts meetings concerned list of target audi- Luncheon Speaker Dr. Floyd Van Atta Senior Industrial Hygienist Division of Health Standards OSHA spoke at the noon luncheon Van Atta talked of the newness of OSHA and the problem of establishing standards setting regulations approving state programs and carrying out compliance He talked of the state of the art in monitoring methodology and the importance of reasonable workplace procedures He urged industry assistance in the development of procedures and practices noting that NIOSH has funds for research not OSHA Van Atta said ten state occupational and health programs have been approved 20 He also said Federal compliance to date It is believed the figure should be OSHA would not increase the current number of officers OSHA's '74 budget requests 64 additional compliance officers and the Labor appropriations bill approved by joint Senate Conference Committee provides for an increase of 245 compliance officers Role of Individual Companies in Meeting the Asbestos Issue Mr. Whittaker stated that AIA membership implies compliance with all laws and regulations pertaining to asbestos He said that if members do not respect the intent and purpose of occupa- tional safety and health regulations to the Association and the industry they are doing a disservice He suggested a program of company visits in common He wfully to see how the other fellow said there was information and is meeting problems know within the member industry worked out companies that would be beneficial to the entire There was no objection to his proposal which could be on a company basis He also suggested ex- change of company safety and health technicians to increase methodology and techniques in compliance procedures Mr. Fay made a motion that data on investment employment and other information which might be helpful in preparing an industry profile be provided to questionnaire to member companies Executive Director and input from the Executive Director A would be prepared by the individual companies received by February 15 1974. The motion was approved and so ordered Mr. Armstrong urged that the Association come up with recommendations for changes to the OSHA regulations Mr. Marsh pointed out this was one of the purposes of creating the Technical Committee A motion was made and approved for the Technical PRODUCED PRODUCED JM - 83 Committee to obtain all data necessary to preparation of industry standards and procedures from member companies including travel and visits as necessary Financial Report The Association's financial report was distributed Mr. Marsh commented on ordinary expenses involved in the move of the office from New York to Washington He said the Association financial status was sound but the Association did not have current funding leverage to permit any unusual expenses over and above those provided for in the 1974 budget New Business The date Directors was commencing at for set the for next regular meeting of the Board of March 7 1974 in Washington D. C. 10:00 a.m There being no further business the meeting was adjourned at 3:05 p.m R. H. Mereness Executive Secretary December 13 1973 PRODUCED JM - 83