Document V3qKwJ1bj2azngD0304RqR10Z

Koveniber 28* 1972 Mr. J. E. Kelly Beudix Corporation 1217 S. Walnut Street South Bend, Indiana 66621 Dear Jack*. This concerns our discus el on concerning labeling requirements where brake linings are being shipped to customers. ' la attempting to determine whet practice one must use, OSHA bas stated that if one is meeting the spirit of its regulations it will not be Cited for violations. As a result of this, it becomes necessary to . interpret some of the OSHA regulations, 1 am enclosing with this letter copies of letters written by the Executive Secretary for the Asbestos Information Association (AIA/KA), 7ou will note on these reports that Mr. Armstrong, from Becdlr. corporate headquarters, at tend ad these meetings. There is absolutely no question concerning the requirements for labeling where loose asbestos is being shipped. Toe big problem, develops where members are shipping what the A1A and OSHA refer to as locked in asbestos products - brake Haines, brake blocks, clutch facings, etc. When eustoners of yours drill linings, chamfer linings, cut linings, or grind linings, they may very veil raise tbs asbestos concentrations in. ' the atmosphere to above the OSHA standard. Sense members have indicated that tbs drilling end grinding operations are problem areas in brake lining factories with existing exhaust systems. Therefore, if a customer of yours started drlliing or grinding without haring proper dust .collector,, he would prooEbly be in x-scriation of the OSfiA standard. It therefore becomes your responsibility, as the supplier of the brske lining, to wart- the customer of this possibility. The farm which the warning takes ie still not definite but the beat guidance seems to be if you meet the spirit of the regulations you will not be cited for e violation. Therefore, '.l you usnfcdts-put in every one of your skids, cr cartons, or pallets, a warning notice to the effect: "Power tools without dust collectors should not be used for mechin^ng, cutting, or sanding this product," If a notice such as this were enclosed with every carton, or stenciled on the outside of the carton, it is likely that you would be meeting the spirit of the regulations, rf you were to write your customer sad tell him about this with every shipment made, you would probably be also meeting tire spirit of the regulations. If you send a one time letter to your customer saying thie, It is hard to say whether, you would be meeting *' " ` .......... P-FMSI- 0C20 SCF-ALLF-04270 P-EXHIBIT-037 Kr. J. H, Rally Bsndix Corporation 2- - Noveaber 23, 1972 I fir* enclosing a copy of the warning label suggested In the OSHA regulations where loose asbestos fibers are being shipped, end the "Instruction Sheet" suggested where a customer is to do further machining on clutch facings, brake lining, etc. I hope this is enough information for you. Dave Stone attended our most recent Asbestos Study Committee Heeting where the subject of labeling ves brought up; Your Mr. Armstrong is evare of some of the controversy concerning labeling. The current survey iodicates that no members are new labeling shipments. A slight majority of those responding to. date indicate that they interpret the OSBA regulations to require boms kind of a warning where subsequent work is to be done on brake linings. This is controversial item for the Institute in that some members feel that one or two companies era trying to railroad them into labeling. Another group of companies feel that ve should comply with the spirit of the law now and it is not fair if they do the proper labeling end their competition doss not. Sincerely, FRICTION MATERIALS STANDARDS INSTITUTE EWD-.Xls E. K. Drielena. Executive Directo