Document QM34ryKonE2oYE2N2jkvmzpjR

Nc-.i-02 10:23 From-WILLIAMS KASTNER & GIBBS PLLC 2535935625 T--284 "Tr05 F-207 INTEROFFICE MEMORANDUM <V Cc^ica r: J. C. McCae Pernianente .. # M. Bryan ><. C. Davis. J. K. Parker E. If. Reddick J. P. Rohrer J. H. Walton . . ' - 2466 - 2430' 2649 .-r 2659 - 2432 - 1536 0uTom-?'J<'<C CL.^<L** v--< CS-vr^ September 28, 1972 rBaM Jt E< Toomey 2541 AT Asbestos - Labeling Kaiser Cement Products This memorandum deals with the labeling of the packages of Kaiser Cement & Gypsum Company, for its various cement . products containing asbestos or other materials, that some sources have alleged to be.injurious to health, and is written at the request of Jim Parker. ' It is my recommendation that Kaiser Cement not apply caution or warning labels to any of its packages, except those con taining asbestos, and as to them, caution labels should be applied to each package, which labels are to be printed in letters of sufficient size and contrast as to be readily visible and" legible. The labels shall state: ' _ CAUTION ' Contains Asbestos Fibers. . Avoid Creating Dust _ ' Breathing Asbestos Dust May Cause . Serious Bodily Harm ' Immediately below the label but not necessarily in lettering of the same size, insert "Above label is in compliance with Feaer.al Regulations relating to Occupational, Safety, and Health Standards, 29 CFR 1910.93a." The reason for using the foregoing label only for asbestoscontaining products is that they are the only cement products which Federal laws, at this time, require to be marked. The regulation went into effect July 7, 1972. Therefore, every effort should be made to immediately comply with it. The label should be applied by stencil, stamps, stickers, or whatever may be the most convenient means for prompt compliance. It is recommended that no referenced be made, or warning given, as to the effect of any other material such as cement dust, grout, mortar, etc., which Kaiser Cement may presently market, Si PLAINTIFF'S EXHIBIT KG-37I BAR110802-0376 02 13:23 From-WILLIAMS KASTNER i GIBBS PLLC 2535935625 --2-- T-284"Tnir" F-207 because there are no existing Federal or State laws or regu lations which, require them* and-there appears to be considerable confusion and disagreement as to their need, or whether or not any harmful effects result from such other material. Therefore, at this stage, to volunteer instructions may give rise to inferences, implications, constructions, the correctness !of which is now in doubt, and the effect of which may be to add further to-the confusion. This memorandum does not deal with the use and handling of asbestos and other materials in cement manufacturing opera tions in our plants since our Safety, Medical, and m organizations .are involved'with these matters. JET:jh * The above is based on a comprehensive investigation which Ernie and I have made. However,'there is a proliferation of laws, rules, regulations, etc., issuing from govern mental bodies at this time dealing with potentially harm ful substances and the like. Therefore, if any of you now know, or later learn, of any requirement for applying warning or caution labels to our products, please advise me or Ernie Reddick. . BAR110802-0377 -02 :0:24 From-WILLIAMS KASTNER 4 GIBBS PLLC 2535935825 T-284 "TU77Z5 F-207 CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Above label is in compliance with Federal Regulations relating to Occupational, Safety, and Health Standards, 29 CFR 1910.93a. - - BAR110802-0378