Document ZOdyka7Vmqj9Nvzpj6JM1wvY

FILE NAME: Z/ZZZZ/ DATE: : DOC#: / DOCUMENT DESCRIPTION: DZZDZZ ZEK^,^ZZ Asbestos Information Association/North America 22 East 40th Street New York, N. Y. 10016 (212) 661-8206 June 12, 1972 JAN BARON est TO: 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 Hilt Rite Rubber Company J. C. Harkins, Jr. - Congoleum Industries Inc. A. R. Hooker - The Flintkote Company C. A. Neumann Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company J. W. Rawlings - - Union Carbide Corporation - Clifford Seymour - The Carborundum Company Philip Weinstein - Evertex Incorporated G. W. Wright, M.D. - St. Luke's Hospital Gentlemen: On June 22, 1972, a special meeting of the Asbestos Information 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 1976 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 sections 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 states: SOMland by Atlas &Mama Co . C4ert.pnt *abacus kockzts Ca.. Carri4A-1140 ?tOCIattib I:4ra ; O. GA1 C409.. Jeirtikiitorin CVO.. Plipiocoal Grins" Co.. rotlacchl COO. 04 k111/41111M441111M3Rin. 104.  f PLAINTIFF'S -2- EXHIBIT 14534-. 'In view of 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 stake." 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 desirable, therefore, for the AIA/NA to monitor ongoing studies and to encourage and support additional studies as are needed to: 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 monitoring tool in the asbestos industry. A proposal for an AIA/NA sponsored study in this area is presently under consideration. 6. Develop other evidence as required to establish the necessity of additional changes in the regulations as deemed desirable by the industry. In addition to the above, other topics to be covered at the June 22 meeting will include: a. The overall effect on the industry of the new standards. -Here- -3- PLAINTIFF'S EMBIT Lic5515.,0 P z U b. Programs of assistance for industry companies and customers to help them comply with the regulations. 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 NIOSH and Advisory Committee recommendations), (3)the high cost ($300-500,000) 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 time remaining before the June 22 meeting, we would appreciate hearing from you as soon as possible whether you or a representative will be able to attend this most important AIA/NA planning meeting. Sincerely, 777-4.i.Zferirri&c. M. M. Swetonic. Executive Secretary Enclosure AIA/NA MEMBER COMPANIES George Barge H. R. Brolly J. a). Chri Len A. H. Tay W. E. Gatewood J. H. Marsh C. G. Morgan J. L. Rainey Kurt Schwarz F. J. Solon, Jr. E. 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 Walls Subject 1. Numerical Standard 2. Labelin3 3.Nonitoring FrequJac:, 4. Protective Clothins 4111MIMNIMININIa 11111044,ffies,IL.I. --t1 5. :!este Dis2oaal 3 4.PrireirommiumilY Industry Po:;ition .:X31 .1...?v.EU:.; 01: ..;.1.;:lx).; Co7ulittee RecottAancLition Five fibers with no automatic reduction to two fibers. Ave fibers with nn automatic reduction to two fibers in two years. FinFtl OSIIA St: ntlar 1 Five fibers with an autoreduction to two fibers four years. Ho label on locked-in asbeatoa containing .,,roducts. The words "cancer" or "danger" should not be used on labels. All asbestos-containing products should be labeled. Label should carry words "cancer" and "danger." Ho label on locked-in ash containing products. '.lord "cancer" and "danger" wil not be used. Monitoring should be conducted at a frequency necessary to assure compliance with the environmental standards. hanageneat should deciee frequency. la041: Annual monitorim: ntations below Ti. tivarterly monitoring ut stations above UA. ADVI3OAY COMITT.1:: TWice- yearl;, moait)ri.n.; at stations belowph. lionthly monitoring at St:tti01111 above Monitoring every six cvmt at stations above TA. Honitoring at other ataci at 1 frequency to asnure compliance with environ,A- standards. ittnnement to decide frequency. protestive clothing required below 5-10 tiaras HIOSH: Pretective clothinl; required in all arena above limit. ;Jf.ri:O.r.! CCIVITT.L% Ho pratectiv.- cloOinc; below 10 tillea Protective clothing requil only where peak exposures above linit (10 fibers) occur. ualz%on that olnenite ibis:. in C::CC.-ifi .37 Li. all snte 00.7 "riten thlt dust itt ft::c. - n -, of 11 ei to _ Subject InJuttry Pr%flitien Itecoovv-n(Irkticn St -10:re 6.irequency of Eedical Zxanin:;tions 1*.xams every Wo lw.rs ror workers vith less than 10 years exposure. 1:::nun every year for uor;.ors uith more than 10 years exposure, or with symptoms of dicease. S;.mo sc intiustrj position. Advisory Col t tr. e: Sam: induntry AVUlltal 6=113 require of all employees expocee to asbestoe dust, ref;ardleso of lenc,Lh of employment. 7.Eedical Surveillance. Employer should "provide or make available" medical exano as required. MOW: No specific recommendation. Advisory Committee: Employee should select physician to pepfora exam. Employer to pay cost of exam. Same as industry position. 8.Medical Records Employer shall maintain records and have scoops to them as required to comply with roulations. MOW: No specific recommendation. Advisory Committee; Employer shall not maintain records nor twve access to them. Sane as industry position. 6.Wearing of Respirators No specific recommendation. 110311: No apecifIC reccmendation. Advisory Committee; No employee shall be required to wear a respirator if he has any of a long; list of symptoms of dirane. Physician selected by employer to conduct medical surveillance program shall decide if employee can or cannot we:..r respirator.