Document dnRYmG6m4KK2w4G2pQx3wNv30
John E. Wright
To:
87-7-9
As we think through the situation with MMMFs, I commend to you the attached article on asbestos. It is a clear, concise review that should help us to avoid repeating errors of omission and commission that continue to be troublesome.
John
Attachment
Same note to: H. D. Belk - 6 C. F. DiMascio - 6 R. W. Porter - 14 L. F. Schneider - 13 N. B. Sussman - 6 E. S. Thomas - 16
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4251070001
SAMUEL C. FLORMAN
ALUMNI
LIGHTS ABROAD
Asbestos: Hindsight Is 20/20
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sbestos is very much in the news
Athese days and giving everyone in the technological community a lot to think about. The mineral is recognized
to be extremely carcinogenic, and expo
sure to it is stringently limited by federal
regulations. Congress has authorized the
Environmental Protection Agency (EPA)
to distribute S47.5 million dollars to
school districts for a massive cleanup this
summer. States and municipalities are also
mandating the removal or abatement of
asbestos; more than 700,000 public and
commercial buildings in the United States
have so far been found to contain poten
tially dangerous quantities of the material,
mostly in the form of insulation.
Government officials are also regulating
the way asbestos is removed. In June, for
example. New York State instituted reg
ulations to control asbestos-contractor
licensing, worker certification, and work
site procedures. San Francisco is consid
ering an ordinance- that would require
The asbestos
building owners to have asbestos inspec
tions even where no alteration or demo lition is planned. Similar actions are being
tragedy is not solely the
contemplated across the nation. The National Institute of Building Sci
ences has published comprehensive spec
fault of "evil" executives; society's expectations
ifications for abating asbestos in buildings. The National Asbestos Training Center at
have changed.
the University of Kansas has developed
mobile facilities to train companies on estimated at 9,000 a year and rising. As
how to control and remove asbestos. Tak for "opportunities," the asbestos tragedy
ing note of the burgeoning activity in this has created plenty of these for all sorts of
field. Engineering Times, the publication people--particularly lawyers, judges, and
of the National Society of Professional En politicians--as society tries to apportion
gineers, has run an article under the head responsibility and compensate victims.
line "Opportunities in Asbestos."
In addition to coping with the present,
-^i Thr idea that the asbestos crisis repre we must not ignore lessons from the past.
sents an "opportunity" for engineers is That we have learned some of those les
bitterly ironic, for if engineers had not sons is evident in the attention now being
elected to use asbestos in the first place, paid to fiberglass and other manufactured
humankind would have been spared much mineral fibers lone deemed rdanvcly safe suffering. When Manville Corp., the substitutes for asbestos. Recent studies
world's largest asbestos producer,, de suggest that.these synthetic fibers, already
clared bankruptcy in 1982 it was facing in wide use in insulation, cars, tumiture. nearly 17,000 lawsuits from workers who and building materials, may pose a health
were victims of asbestos-related diseases. threat to workers who-make them. These
The number of premature cancer deaths studies are inconclusive, so manufacturers
from inhalation of the pernicious fibers is* I of the synthetic fibers are undertaking
costly new tests on their health effects.
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SAMUEL C FLORMAN, A
CIVIL ENGINEER. IS THE A UTHOR of engineerING AND THE LIBERAL ARTS, THE EXISTENTIAL PLEASURES OF ENG1NEER-
1NC- blaming technolOGY, AND THE CIVILIZED
In learning from the past, however, we shoutd be careful not to draw the wrong conclusions. I fear this is being done by those who view the actions of people in volved in the. asbestos story in terms of good and evil. Admittedly, as far back as the 1930s, some researchers and industri alists were aware of the health hazards to
20 JULY l87
4251070002
ILLUSTRATION: JOHN O'SULLIVAN
r*
Whatever your problem,
I'll solve it.
which asbestos workers were exposed. In today--from injury, sickness, and pov
light of such knowledge, lawyers have erty. At that time, a certain callousness
convinced juries that failure to take ap- prevailed that today we would find shock
propriate steps to protect the workers con- ing. But dare we conclude that this made
stituted ''outrageous and willful people of that era--even the leaders
misconduct.1
""
among them--morally inferior? Such
Paul Brodeur has chronicled that story hindsight would lead us to despise Thomas
in his book. Outrageous Misconduct. But Jefferson for tolerating slavery, indeed to
Brodeur's angry denunciation of corpo despise all people who accommodated
rate America contains evidence that mit themselves in earlier times to public exe
igates against his presumption of cutions and the exploitation of child labor.
wickedness. For example, he quotes a
If we have gradually developed higher
high-ranking industry executive (who was standards for public health and worker
himself to die from asbestos-induced me safety, this is largely because we can now
sothelioma): "1 realized that precautions afford them. Paradoxically, the wealth
needed to be taken in the handling of this that allows us to be more caring and sen
material. 1 realize now 1 was in error about sitive--as well as the new knowledge that
the extent of precautions which needed to enables us to reduce risks--comes from
be taken."
the very technological development that it
An even more telling argument against pleases so many second-guessers to view
the "misconduct" theory is to be found in with contempt.
Brodeur's description of a symposium held The compelling need now is to cope ef
at Saranac Laboratory in 1952. This event fectively with the dangers at hand and to
brought together more than 200 leading compensate, humanely and rationally,
doctors, research scientists, academics, those people who suffer from past mis
lawyers, public-health officials, insurance takes. Under the aegis of the courts, Man-
executives, and journalists, as well as peo vitle Corp. has agreed to establish an
ple from the asbestos industry. Ample evi Asbestos Health Trust that would make
dence was presented linking asbestos to available more than S2.5 billion over the
cancer. Yet more than a quarter-century next 25 years for settling injury and prop
was to pass before society came to grips erty-damage claims. The trust funds
with the problem in a definitive way. would come mainly from insurance pro
Clearly an inertia prevailed that was ceeds, 50 percent of Manville's common
rooted in something other than evil intent. stock, and a specified portion of future
Nor is it rational to condemn, as does Bro corporate profits.
deur, "a huge cross-section of the insti Application of this plan, however, has
tutions that make up the private-enterprise been stalled because supporters of the tort
system." That cross-section, incidentally, process have filed legal appeals against it.
includes trade unions. I infer from Bro Prominent among this group, of course,
deur's accusations that one might expect are lawyers who specialize in negligence
socialist nations to be more prescient and cases. Without wishing to minimize the
caring about public safety than capitalist good qualities of our litigation system, 1
countries. Yet we know they were not.
must agree with those who feel that at this
stage in the asbestos tragedy, an equitable
Redirecting Our Moral Outrage
alternative to thousands of more costly,
repetitive, and often erratic jury trials must
The plain fact is that our communal view be pursued. The proposed Manvilte set
of the world changes from time to time-- tlement, which offers arbitration on ap
not only concerning religion, sex, civil peal, appears to be such an alternative.
rights, and women's rights, but also about
In addition to demanding that we create
environmental pollution and worker a system for fairly compensating victims,
safety. When 1 first entered the construc the asbestos fiasco challenges us to develop
tion industry, work sites were dirtier, nois materials and methods that will safely and
ier, and very much more dangerous than -.efficiently do what asbestos used to. Since
they are today. One heard it said that for insulation is a key element in energy con-
every million dollars spent there would be [ servation, it should exert a compelling
a worker's life lost--a rule of thumb that claim on our attention. As for moral out
speaks volumes about the ethos of the rage, let us direct it against the inequities
times.
of our own time, of which there is no
Thirty or even twenty years ago, people shortage, instead of against the sins and
expected less protection than- we expect foibles of our forebears.
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TECHNOLOGY REVIEW 2*
4251070003
MEETING NOTICE
Date:
FRIDAY, JULY 24, 1987
Time:
9:00 - 10:00
Location:
ROOM 636, ALCOA BUILDING
Subject:
OCCUPATIONAL HEALTH NEWSLETTER
Attendees:
H. D. BELK, M.D. C. F. DiMASCIO R. W. PORTER L. F. SCHNEIDER N. B. SUSSMAN E. S. THOMAS J. E. WRIGHT
- 6 AB - 6 AB - 14 AB - 13 AB - 6 AB - 16 AB - 16 AB
Arranged By:
Beverly Lewis, ext. 3570
tn-3305-0t00c- Oft, -j
{Jategoary Cefl.e
( 00056. bal )l. F.S.
JUL 16 1987
4251070004
Meeting Notice
Date: Time: Location:
WEDNESDAY, JULY 15, 1987 9:00 - 10:00 ROOM 636, ALCOA BUILDING
Attendees: Arranged By:
H. DEAN BELK, M.D., PITTSBURGH 6 C. F. DiMASCIO, PITTSBURGH 6 R. W. PORTER, PITTSBURGH 14 L. F. SCHNEIDER, PITTSBURGH 13 N. B. SUSSMAN, PITTSBURGH 6 E. S. THOMAS, PITTSBURGH 16 J. E. WRIGHT, PITTSBURGH 16
BEV LEWIS, EXT. 3570
tl-$305-Of600 ~OU>
Category Co&e
L.F.S.
JUL.09 198T
4251070005