Document RpmV0L9BMM6MyqarqVGovk19a

AIA-11 Asbestos Information Association/North America 22 East 40th Strtat New York. N. Y. 1001$ (212} 661-8206 June 12, 1972 TOl AIA/NA MEMBER COMPANIES AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE AIA/NA LEGAL COUNSEL James Armstrong - Bendix Corporation E. C. Bratt - H. K. Porter Company, Inc, G. G. Gabrielson, Jr. - Nicolet Industries, Inc. Bernard Gross - American Bilt Rite Rubber Company J. C. Harkins, Jr. A. R, Hooker - Congoleum Industries Inc. - The Flintkote Company C. A. Neumann - Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company J. A. Rawlings - Union Carbide Corporation Clifford Seymour - The Carborundum Company Philip Weinstein - Evertex Incorporated G. W. Wright, M.D. - St. Luka's Hospital Gentlemens On June 22, 1972, a special meeting of the Asbestos inrormation Association/North America will be held in the Biddle Room of the Harvard Club, 27 West 44th Street, New York City. The meeting will begin at 10 A.M. and will, continue through lunch. The purpose of the meeting is to discuss future industry action with regard to the new Federal Occupational Safety and Health Administration (OSHA) standards on asbestos. Because of the generally reasonable regulations issued by OSHA and the 197$ effective date of the two fiber standard, the asbestos industry may be lured into a false sense of security and consider the OSHA battle to be over. This would be a most serious error to make. If we are to convince OSHA that the two fiber standard and other unfavorable eections of the regulations must be changed, then we must begin now to develop the medical, technical and economic evidence necessary to prove our point. In the introduction to the regulations on page 11318 of the Federal Register, it statess Spentiitu br Atiu .unite. Co . Comm Co , Counn-woo 'rac.ct* Cor?, f mci: Co , OS Ctrl.. MibUmiM Cory., hoowui SrMom Co., toocoo Cory, urn Aoroutot-WortutH*. o. AIA-11 ; PLAINTIFF'S -2- EXHIBIT "In view o the undisputed grave consequences from exposure to asbestos fibers, it is essential that the exposure be regulated now, on the basis of the best evidence availabel now, even though it may not be as good as scientifically desirable. An asbestos standard can be revaluated in the light of the results of ongoing studies, and future studies, but cannot wait for them. Lives of employees are at sfcaJce." The regulations can be changed, but it is up to the industry to prove to OSHA that changes are necessary and what those changes should be. It is dssirable, therefore, for the AIA/NA to monitor ongoing studies and to encourage and support additional studies as are needed tot 1. Determine as precisely as possible over the next four years a safe numerical standard for the various asbestos-related diseases. While much has been accomplished in this area in the past, additional studies are needed. ' 2. Determine whether one or more varieties of asbestos is more or less hazardous than any other variety. 3. Determine through on-the-job evaluation the technological feasibility of achieving both five and two fibers throughout the industry. .4 Determine the actual cost to the industry in both dollars and jobs of achieving two and five fibers. 5. Determine the degree of reliability of the membrane filter method as a policing and moni toring tool in tha asbestos industry. A proposa* for an AIA/NA sponsored study in this ares is presently under consideration. 6. Develop other evidence as required to establish the necessity of additional changes in ths regulations as deemed desirable by the industry. In addition to the above, other topics to be covered at the June 22 meeting will includet a. The overall effect on the industry of the new standards. -More b. program* of assistance for industry companies and cuatoman to help than comply with the /%<*<** regulation*. c. The establishment of a cooperative working relationship with OSHA with regard to the implementation and interpretation of the standards. d. The advisability of legal action by the AIA/NA against OSHA, especially in light of (1) the four year effective date of the two fiber standard, (2) the favorable decisions by OSHA on most other industry recommendations (see attached two page summary of OSHA acceptance of industry vs KIOSK and Advisory Committee recommendations), (3) the high cost (5300-500,000) of such a suit, (4) the slim possibility of success, according to AIA/NA legal counsel, and (5) the adverse effect that such a suit would have on our working relationship with OSHA. With regard to point c. above, the AIA/NA is presently in the process of arranging a meeting with representatives from the standards development and enforcement sections of OSHA to resolve some questions with regard to the interpretation of certain sections of the regulations. If your company has any questions of this nature, please let me know as soon as possible so that they may be included on the agenda for our meeting with OSHA. It is the AIA/NA's intention to establish a continuing program of uniform standards interpretation with OSHA, so that industry questions and problems may be resolved at the highest levels in Washington, rather than through OSHA regional offices, which may differ in their standards interpretation and enforcement practices from one region to another. Because of the relatively short tins remaining before the June 22 meeting, we would appreciate hearing from you aa soon as possible whether you or a representative will be able to attend this most important AIA/NA planning meeting. Sincerely, 7UC M. M. Swetonic Executive Secretary Enclosure AIA/NA MEMBER COMPANIES George Barg* H. R. Brown , J. O, Chrlacian A. H. ray/ W. E. Gatewood J. H. Marsh C. G. Morgan J* L. Rainey Kurt Schwar* F. J. Soion^ Jr. . w, Swain S. D. Weaver Paul' Weiner AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE E. M. Fenner Ike Weaver Frank Zimmerman vc; E.J. Killian AIA/NA LEGAL COUNSEL Bradley Walla AIA-11 AIA-11 t 'n w2*5 fUt 02 % 52 js o -H ** S* t> c XO r*44 *4*4 I feH J* <5 ft H3 <21 *fHt cr| cc oi *H. 4C> C? 3 X VI*! 5 <M 404 e 5x o 6 > fC *iee* >> +5* o* 3U Of ^4 ftj H X2 a ** o g- i I! ou r* Vsf**4t keW> 2* *&C3 1ft 3fftt 2J -a 2 (0 I2 1 -2 I *2 a JS *e 3 r 0fcwo1t e c r4 rj |: MO ft *1 fftt *T3 O <>(*04< < & *v i i >i XW fSti c >t 2 1 3> o w -ObH 44 c <3 fct -*<o**64413 I s s O3* ft W a r r-&1 44> ft ft 44 <0 c3r e* <2 tU4 S >1 4 o (.1 JtS- <! 44 w*C3H iM 4* i. 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