Document RJJDn8yzq35Q93adRMjpBdb5v

INTERNAL CORRESPONDENCE MINING AND METALS DIVISION 4625 ROYAL AVE.. P. 0. BOX 579, NIAGARA FALLS, NEW YORK 143C to [Name) Division Location Mr. p. j, Morgan Law Dept. 47th Floor 270 Park Avenue New York, NY 10017 coovto R> E> Byrne, Jr. J. L. MyersX W. C. Thurber Date December 31, 1974 Originating Dept. - XX'XXXXXXmmXXXXfr "Calidria" Asbestos Answering letter date sublet Recent Incidents - OSHA Inspections of "Calidria" Customers Dear Pat: Over the past two months five separate instances at widely scattered locations have been reported to us where OSHA inspectors appear to have been overzealous in their interpretation and enforcement of the regulations. Details as I have them to date are in Attachment I. Typically, our customers have said that when the inspector found asbestos on the property a fine was threatened unless it was removed and/or the user was told that if he wanted to continue to use asbestos he must meet all the protective clothing, changehouse, and similar requirements that actually only come into effect if the allowable limits are exceeded. All this was done without the inspector measuring the dust level. The customers' reaction is generally that he would rather "switch than fight", particularly when faced with the complex, and expensive complience requirements stated by the inspector. Usually, but not always, there is also an emotional reaction that the government inspector has wide discretion under the law and if they argue with him on asbestos he can cause a lot of trouble in other areas. In addition to these cases, there have been several others over the last year upon which we hoped were isolated instances and let drop. In general the customers involved are moderate size, but unfortunately are frequently those using the top of the line product, RG-244. We feel that it is important to our business to do something now to discourage this type of illegal action by OSHA before it becomes more widespread. This is obviously a very sensitive area from considerations of the law, our dealings with government regulatory agencies, and our dealings with our customers. The purpose of this letter is to make you aware of the current situation and request your advice and counsel. I will be out of the office until January 13 and will call you then. Hopefully we can get the appropriate people together shortly thereafter and arrive at a course of action. In preparation for this, a possible course of action has been outlined for consideration {Attachment II). The field representatives who deal with these customers have also been requested to try to obtain, on a low key basis, some more specific information. HBR:mlv Regards, A086 1 3 - H. B. Rhodes UCC 014078 / JAN 2 IS75 UCC-CALlDHt* Attachment I I Columbia Products, Newberry, SC The field report is shown below: MY TLX 12-PO-7-* 21 2-867-M5S H B RHODES NTAGARO F ALLS MX - RLS RELAY 710-52^-1664 5pniKF VTTH THF PL AMT MANAGFR AT COLUMBIA PRODUCTS TM NFWBERRY SC TODAY RF THEIR 0 SHA TNSPFCTTON. OSHA WAS IM AMD TMUTALLY SAW THF AMD VFRF READY TO FIME THFM^IOPO FT R HAVING IT O M HAMD. H ammo MI) 1 H F P.M. T H Frf WH T FPE D OUT OUR DUST 001 IN 7 SHOWING THEM TO BF RFLOW THF LEVEL AMD THE INSPECTOR 6ACHFD DOWN SLIGHTLY. HF THEM PUT A SAMPLF& O F HIS O WN AM ONF OF THFIR 0 PFRATORS AMD RAM IT FOR 8 HOURS. HE REPORTED BACK LATER TO THEM THAT HIS RESULTS ALSO SHOWED THEY WERF BELOV THF LFVFLS. HOWEVER THEY WERE CITED 5160 FOR IMPROPER BAG DISPOSAL WHICH THEY AGREE' WAS S0\ SOME FIBER OM THE FLOOR AMD MOT HAVIMG MEDICAL EXAMS AMD RECORDS. THEY WERE ADVISFD THAT IF THEY FLAMMED OM CONTINUING TO b^SE 244 THAT THF MEDICAL REGUTRFMENT HAD TO bE SATTSFIFD. IM FIGURIMG OUT THE EXAM AMD RECORD KEEPING COST THE EXPEMSE OF USING A PALLET A MOMTH OF 244 WOULD MOT JUSTIFY IT SO THEY HAVE GOME BACK TO CABOSIL EVEM THOUGH THEY WOULD RATHER USE 244. TOLD HAMMOMD THAT AS FAR AS T COULD TELL THE IMSPFCTOR WAS CORRECT IM THF CITATIONS HF ISSUED AMD THAT MEDICAL FXAMS VFRE A REQUIREMENT. IF THIS IS GOIM G TO EFCOME A TYPICAL CASE I THTMK W^E SHOULD TRY AMD COME UR WITH SOME KIMD OF COUNTER ACTION TO COMBAT IT AS IM THIS CASE I COULD MOT REALLY BLAME COLUMBIA FOR MOT USING 244 AMD GOING BACK TO X. REGARDS JACK WALSH ATL R + D MFTALS NF UN I CARBTDF MY \ HBR Comment: Regarding the waste disposal citation, our data for other locations suggest that they probably were not in violation. No way to tell for sure without the details of the citation. A086 1 4 UCC 014079 JJT. "dee fit :!for T. P. Norris W. C. Thurberv'^ 0. E. Walsh KC-File NF-File REPORT OF CALL (faltdrita**. UNION CARBIDE CORPORATION P.O. Box 579 Niagara Fa||s,N.Y. 14302 /O/s LutuJiQ^ p / 2-/23!If By G. L. Dickson Date 11/20/74 Fu 11 Name Address Mfrs. of Beetle Plastics 198 Airport Rd. Falls River, MA (617) 677-9464 - 1nterviewed Joe Desjardins - P.A. Mr. Demoranville - General Manager (telecon) OBJECTIVE Called at the request of J. E. Walsh. B5ERVATI0NS Beetle Plastics had been using RG-244 purchased from Allied Resin until inspected recently by an OSHA hygenist. Apparently this woman told_them__ that they could not use asbestos unless they gave medicals every month, provided special clothingv-trs-ed--resoiratoTsT~etc.. Because-of--thTs--thev-have-stooped using RG-244 although they prefer ft to pyrogenic silica. ^ ACTION Joe asked for a complete package from us which would detail exactly what was required on their part. I promised to send information but would prefer a visit with them, along with one of our toxicology experts. If what Joe told me is true we had better have a confrontation with this OSHA representa tive or else we will lose even more sales in this area. JLM Can we discuss in the near future. Wl=-CBlVcio / 0tC 9 1974 typed 12/2/74 mlv <rv.-tf A 08 6 1 b UCC 014080 VED DEC 4 1974 3^ /Itfehhofd Cl\t t\i tJ THE DISCOVERT COMPANY UNION CARBIDE CORPORATION MINING 4 METALS DIVISION * P.O. BOX 579 * NIAGARA FALLS, N. Y. 14302 * TEL: 716-278-3376 December 16, 1974 Mr. John Dereich ' Reichhold Chemical, Inc. Sterling Division 1954 Ohio River Blvd. Sewickly, PA 15143 . Dear Mr. Dereich: At your request, a sample of "Calidria" Asbestos RG-244 has been sent to your attention. The enclosed literature and pricing information is for your files. The information you relayed to us. saying in effect, that according to OSHA if you continued to use asbestos products vou would be fined $10,000 is simply not true. OSHA has issued a regulation (copy enclosed) which governs the levels of airborne asbestos fiber allowed. In a manufacturing situation such as yours, it is very unusual to find asbestos levels in excess of these limits. One provision of the regulations is that a fiber count must be taken in order to establish that the regulation has not been violated. For the past three years we have offered this service to our customers on a no-charge basis. Upon completion of your evaluation of the technical merits of RG-244, if you desire to put it in as a production item we would be pleased to come to your plant and conduct an airborne asbestos fiber count. Please let us know if we can be of any further assistance. Simple complete the enclosed card or contact Mr. G. L. Dickson, Manager, Eastern Region Sales and Technical Services at the above address. We appreciate your interest in our products and we look forward to serving you. Very truly yours. i cc: Mr. G. L. Dickson Enc. /ds Aose UCC 014081 i -. far T. P. Norris W. C. TTiurber J. E. Walsh KC-File NF-File - ^ REPORT OF CALL (/aftdrier/maca-roM UNION CARBIDE CORPORATION P.O. Box 579 Niagara FaI!s,.N.Y. 14302 t By H. B. Rhodes^ Date 11/13/74 Full Name Address Standard Paint & Varnish Harvey, LA Mfrs. of Epoxy Marine Paints 1n+erv1ewed Mr. Fred Kinsler - Technical Director (Telecon) OBJECTIVE Return customer's telephone call at his request. OBSERVATIONS Walked into a real beauty here. Mr. Kinsler was in the process of having an OSHA inspection and he wanted me to get on the phone to "explain the OSHA asbestos regulations to the inspector." I talked at some length with the inspector Steve Herron who sounded quite young. He wanted to know whether RG-244 was asbestos and I could only admit that it was. He wanted to know about dust levels on handling and particularly around warehouse locations with emphasis on the need for signs. Told him we had monitored 10-15 dumping situations for RG-244 usually without special ventilation and were generally well below the limit, usually around 1-2 fibers/cc. We had not monitored warehouse activities to any extent but the bags were polyethylene overwrapped. Also that RG-244 tended to give airborne dust counts 1/2 to 1/3 those of conventional asbestos in comparable handling situations. His comment was that he would note this in his report but I don't think he really bought it. They will probably get a citation for no signs. I finished up with a short conversation with Fred Kinsler. He seemed to have calmed down somewhat and requested me send him another copy of our dust count report since he could not locate his. ACTION ' JEW Follow up with Fred in a week or so to prevent further panic. The size of our problem here will depend on the OSHA report. HBR Send copy of dust counts. (Done 11/14/74) UCC 014082 A 08 61? HBR Comment: Standard Paint & Varnish were citied for not having signs number of other picky items. They say they will contest the citations. UCC 014083 408618 V. Baker and Taylor, Texas The information below was received verbally from Montello. A Baker and Taylor drilling rig was inspected by OSHA. He found a broken step (for which he issued a citation) and asbestos on location. He did not take any air samples. He told them that if they used asbestos they must: 1. Put up warning signs where the asbestos is stored and on the rig where it is used. 2. Provide the men with special clothing. 3. Notify the laundry where the special clothing is sent so they could also put up signs. 4. Be faced with heavy fines if they didn't comply. Baker and Taylors current position is: 1. They will provide details to Wyatt when he makes a personal visit. 2. They do not want to be party to any litigation. 3. There will be no more Supervisbestos used on Baker and Taylor rigs until the "Mickey Mousing" is straightened up. VI. Added Note to Mr. Morgan The sign posting requirement noted in IV and V seems to be a favorite of the inspectors these days, some cases in ridiculous extremes. The regulations says that signs must be posted "... where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) ..." It concludes, "Signs shall be posted at all approaches to areas containing excessive concentrations of airborne asbestos fibers." The intent of the paragraph is clearly to protect the unsuspecting worker form entering areas where he can be exposed to concentrations over the allowable limits. At least some of the inspectors are taking it to mean any place asbestos is present, regardless of the chance that the limits will be exceeded. Your comments are solicited. UCC 014084 4086 1 9  i'' Attachment II Possible Action on OSHA "Overenforcement" Question The course listed below could be followed by Union Carbide Corp. acting alone or via AIA/NA if they chose to spearhead it. The AIA/NA route seems to have more potential clout if it can be moved forward rapidly enough. 1. Assemble the facts now on hand plus whatever others are available from AIA/NA members arid set up a meeting with the senior OSHA enforcement people in Washington. 2. Take a low key position with OSHA that these are isolated incidents but are becoming numerous enough to cause real concern. Ask them the question what should be one about it. Our objective would be to have them put out a clarifying directive to the field enforcement offices. 3. We could instead go to the field offices but I suspect would only be referred back to Washington. Added Note: It becomes evident on reviewing what facts we now have on these incidents that there are really two types of problem: 1. Where the inspector makes threats or misleads the user on what he must do to comply. 2. Where there is a reasonable difference of opinion such as the sign posting situation and may be actual citations to contend with. We need to decide how to handle both situations. UCC 014085 ^08620