Document e7XdLpLg4qpX80ZYbGeDL6aLm

'rS&C'Z-T-:': ' KSKHirnm EE:- MELLON INSTITUTE'OF imJSimL RESEARCH SYMPOSIUM ON DUST ___ ' __PRQ3LSS - PITTS3T7BG3- JAN. 15'. 1935 . .oV-" On or about December 12, 1934 the Mellon Institute - of Industrial-Research, addressed letters to some 85 Industries V haring industrial disease problems Inviting then to attend a meeting to be held under the auspices of the Institute on the * ;y ;. 15th day* -of January# One of these invitations was received by the Asbestos Institute and, although the Asbestos Institute did not-accept and was not? officially represented, Johns-Manville - Corporation requested and obtained permission to :aend a repre-- ^yeentative. . -The'Invitations expressly" stated tint -^attendance V: -at. .this neeting need entail no obligation*. r-* y ' - .Johns-anville was represented- at the meeting by' the writer of this meaorandua. : Approximately 250- people were jy: present repesenting over 50 India tries which had accepted the . A- * !*. *. - -^.invitation of the Mellon Institute. .She Mellon Institute was sllgreatly surprised at the remarkable response -and. it is my - opinion that one cannot - find a better indication of the serious nature of the problems It was the purpose of'the meeting to * // ^y.-y. W'Mfck -- * .... 'ft was able to ascertain that the Mellon Institute w had been prompted to call the meeting by representatives of the sand and glass .and the refractories industries* . Eepresen-. ' tatives of - these Industries' conferred' with Mr* E. B* Seidlelxi, . Director of the-Institute, and after advising him of the nature of their problem, of its wide-spread character and numerous . menacing aspects, suggested:: the need-of same form of-concerted action on the part of those industries presently or potentially . involved*. X understand that Mr* ?*- P. Sherwood, Tlee^President . of Owens-Illinois Glass Company and Ur* Bog er Eitchins, Presi- dent: ofytbe American :^efractories>Xnstitate,-were^the persons' - v 'who-presented the situation to-the MeHoa Institute. Mr.. * Weldlein, on behalf of the Institute, -agreed to cooperate to -the extent of calling- the meeting - and haring .the representatives ' " ' spend a day in Pittsburgh as the guests of the Institute* There V.. was sons preliminary discussion as to the possibility of using ; -' the-Mellon Institute as a clearing house for information and - research -upon aspects of the problem common'to .all industries .. but rtaf? nite ccsatitaents were postponed until after, the holding r! , of the -meeting*.-. ' . - *: Ari. impressive list of experts special1ring upon " : various "aspects of the dust problem attended the meeting and PLAINTIFFS EXHIBIT T 3*>h -C 05 2:18 $ rt !<4t4 delivered addressee* .Among these were Er. A. C. Elrth, a lawyer associated with Williams, Eversa&n and Morgan, Toledo, Ohio, attorneys for Owens-Illinois Glass Company; Dr* Eugene P. Pendergrass of the X-ray Laboratory, University Hospital, Phila delphia; Dr* A* J* Lanxa, Assistant Medical Director of the Metropolitan Life Insurance Company; Dr. R* R* Sayers, Medical . Officer in Charge of U* S. Public Health Service; Professor Philip A* Drinker of the School of Public Health, Harvard Uni versity; Mr. F* Robertson Jones, General Manager, Association of Casualty and Surety Executives; and Mr* Donald E. Cummings, Assistant Director, Saranac Laboratory for Study of Tuberculosis* addresses delivered by .these-apeclAllsts,'^together with the open discussion that followed then, revealed-, among other tilings, the very menacing character of the problem, its complex nature, 'the-uncertainties attending most of Its aspects and the . necessity of some form of united action by.the afflicted Industries "7:-.- '-'It was recognised that some aspects of. the problem were peculi ar - to special Industries bat It was equally evident that-other-aspects .were common to all. - Tor example, only two tartar of dust, namely, free silica and asbestos^ are definitely known to produce disabling fibrosis of the lung* - Even in the case of these dusts the problems resulting therefrom are quite . different since the fibrosis resulting from silica Is of a much V moreiserious character than that resulting from asbestos in that the'former predisposes to tuberculosis and is such more likely to have a fatal termination* -On the other7 hand (and this Illustrates one-nf the moat serious aspects of the problem- that Is common to all dust producing Industries) the fact that no other dust Is known to produce-disability has not prevented entirely groundless claims aggregating -millions and even hundreds of millions of ' dollars being brought against Industries which have no silica or ~ asbestos dost hazard. For-example. Dr Lanza pointed out that no one bad-ever maintained, that gypsum dust was. harmful and yet, nevertheless, Tthe gypsum industry had suits pending against it covering daiasln. excess of four million dollars* ' It appeared -that among the problems creamon to all Industries- were the followings . V: (1) The sextace. of ambulance chasing lawyers lu ; combination-with unscrupulous doctors* - The uncertainties surrounding diagnosis of any Vi of"the various forms of pneumonoconlosls are i'rao; many that a, question of fact Is presented . ' .-in- every case* ...Expert testimony can be pro duced-,by both plaintiff and defendant and it ls^fbr the lury rto decide whose experts are 0052^9 correct In their Interpretations* In "g this decision, the Jury Is not likely to favor the opinion of the experts produced by the employer* ;..v.v-_ (2) She desirability of making various dost diseases compensable under properly drawn ' workmen's compensation laws* . One of the :v speakers stated that *the strongest bulwark against future disaster for Industry is the ... enactment -of properly drawn occupational disease legislattern* Such legislation, would (a) eliminate the Jury and-empower a lledlcal . Board to pass upon the existence of the . . disease and .the extent of the disability; -! - . . . (b) eliminate the ahyster lawyer and the qpack doctor since fees would be strictly .. . limited by the law; and (c) permit the correct- - -log of Initial mistakes In the making of awards by providing for hearings to reduce or eliminate awards if proof-could be adduced - that the claimant was not disabled ortbat the extent'Of his disability had been over-- estimated*-, . v^ -' (3) Problems of.Ventilation, dust collecting and ' elimination, end respiratory devices* (4) The establishing of standards (a) for dust T counting-end particle size determination, - (b) for the taking of X-rays for diagnostic :-rr. use, and (c) for the interpretation of the markings on the films so produced* . > At. the* close of the discussion "a Kr Xurtz, YlcePresldent of American Befractories Corporation, made a motion that Kr* VUliam P* Yant, Chairman of the meeting appoint a nominating committee who would nominate a group of lndiTidaals to serve as a committee for the formulation, of ways and means to bring about effective cooperation of some character between the various industries for meeting end combating those phases of the dust problem common to all* This -notion was carried wnd a Bodnating Committee appointed which retired and upon ng presented - to.-the meeting .the names of seven individuals to act as sad Committee* - So other names having been placed in nomination, the following were elected to act as the Omaaittee and report back to the various industries and groups represented at the meeting or to whom the Invitation had been originally extended:- 0052,20 r* ; -JEggawagrr^^aM. "pppi----------nTTMlTlWriTmjMIMMWMLillJJ .. :: - : * ' . --4". . Vandiver Brown represeating Asbestos, Cork and Son-Metallic Br. 3* D. Ssklatwalla representing Chemical. Abrasives, Alloys . and Bon-rerroas metals - E. 0* Jones representing Foundries . 'Ju V* Sherwood representing Glass Sand* Ground Sand and Glass Manufacture . .v` ; A. J. Gentholts representing Iron, Steel, and Ores X. J. S. Curtis representing Line,- Idsestona^.^Cenent and r Lr-'r ' Roger X. Eitehlns representing Eefractaries^Ceramlcs and Clays -` liv.I explained to-{the'other menbera.of the Committee.. that-1 had been sent to the'meeting solely^ as.; an -observer and had no authority fioa^ohns-IUnviLle Corporation to accept membership on the Committee and certainly ~no&e from the Asbestos Industry as - a-whole. - X was urged, however,' to meet with the Committee and agreed to do so on the condition that I sdght withdraw if-approval of ay serving in that capacity should not be .forthcoming I pointed out that , members-of the Asbestos Industry did not care to be associated, in the minds of the public or of eaployees with those Industries whose problem was silicosis and that far this reason I felt-rthere might be-some' opposition to having? a representative of the Asbestos Industry, working with them. ~-I didL1hd1,cate, however, that I realized numerous aspects of our problem were the -same and that If cooperation could be worked out without an undue amount of publicity,. Johns-Man-rille Corporation and p&rhaps the Asbestos Industry ha a whole, would in all likelihood be willing to. cooperate. Xt was the opinion' of the Committee that tills -coaiitiou would not =jnreseat ar^ " . insuperable difficulty*... ,-v;-. " , Mr. Soger Hitchins, President of American Refractor-- les Institute, was made Chairman of the Cosmittee which held a meeting Tuesday evening after the close of the Symposium. Ur. Hitchins was designated to meet with Hr. leidlein of the Mellon Institute and ask him to make a .proposal In definite and concrete form as to the warmer in which the Mellon Institute sight be able to assist the various industries for a fee of $25*000. , Ihen this proposal has been received and approved by the members of .the Committee, it will be submitted to the various industries with the recommendation that, it.be accepted and that the various Industries or individual corporations agree to stand good for a proportionate amount of-the fee not in excess of a definite specified susu , 005221 t ' ` . 'V \1 *^C- .- * ;. v ~ - v.; 7 * ' - .-. V*.^' -it*. " -< .,. '*. -r <*. '".-5-' - - -* ^' -. r. ' I gathered that the proposal which weald be nade- ".' >7 the- Hellonlnstltttiewculd Include, among others* the follow- \ '- i . '*: ..- :* v-'- *.* t . ... V- *' -* ; * .- w. v.: - ^ " -T. ' *'->*." " ` ;; - " " -' :: 7' -: ., ' 'r (a>,The compiling of a comprehensive bibliography < 'i. A of all books* treatises and publications deal-- v lng with any-, aspeet or the dust problem; and ,-'. ^ c"the--ewalaation'thereof*.-- :-.-;v ` (b)The^ compiling,..digesting and correlating of ; J - _ 5 ; . data and Information free, various subscribing ' ^ : Industries relative- to-, their particular,, experi-- ;W7--.nc/ r-;' (c) The drafting of .approved woitoen* s'coapensation - legislation covering pncisaonoconlosls* ..> ~ (d) The digesting, of the laws of the various states : .. which night affect the operations of Industries - -->. presenting.* dast-baxard- - V V-v.*! *' (e) - The outlining of probleas "requiring research. or the establishment of fixed standards and U 'v the prevention of duplication of effort and expense along these lines* .. ,.^- .^.-1. *. Xr The interest with which the discussions were followed and the enthusiasm which greeted the proposal for unified effort lead ae to believe that the necessary support will be found -for soae sort of program along the; above, lines*. -. - : -.-v. 7A3DI7SE. BROWS-'.. 1 January 18*, 1935 ' 005222