Document e7d3y6a01nJ4nZDkMOBx9k67q

April 17* 1974 Mr, Robert H. Heron#** Executive Director Asbestos Information Aasociation/North Amsriea 1660 L, Street , N. If Washington, D.C, 20036 Dear Mr, Bareness! I have been told that consideration Is being given to soe# changes in the Occupational Safety and Health Lae as regards the Asbestos Standard 1910.93A. Under (J) Medical Examinations, it states! (3) Annual Examinations. On or before January 31* 1973* and at least annually thereafter, every employer shall provide* or make available, comprehensive medical examination* to each of hi* employee* engaged in occupations exposed to airborne concentration* of asbestos fibers. Such annual examination* shall include, as s minimum, s chest roentgenogram (pos terior anterior 14 x 17 inches)* * history to oliclt symptomatology f respiratory disease, end pulmonary function teats to Include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV), (6) Medical Record*--(1) Maintenance. Employers of employees examined pursuant to thie paragraph shall cause to be maintained complete and accurate records of ell such medical examination*. Records shall be retained by employer* for at least 20 years. It is my understanding that consideration la being given to change in the wording of this part of the regulation in order to provide Viet such examinations mould be conducted outside of the promises by an indepen dent government-sponsored group of physician* end that the records mould not be made available to the employer. Should this change be made, the employer mould be kept In the dark concerning the health of hit smployoos, Zt would bo useless for him to centlnuod UCC 014394 W ' V- f - -- Mr. Bobert H. Hereness April 17* 1974 Pag* 2 employ Medical department or indeed to provide physical examinations for his employees. This is especially true in those large corporations which for many years have been providing examinations to detect early signs of disease among workers. In my opinion this would work to'the detriment of the employees and therefore should not be considered. Very truly your*. JJWiBA John J, Welsh, M.D, Corporate Medical Director 1 UCC 014395 f '\ 7* , *`7 r- l UC 14?v2 INTERNAL CORRESPONDENCE MINING AND METALS DIVISION To (Name) Division tocaJfon Dr. J. J Welsh 4th Floor Copyo Messrs. W. J. Kovack H. B. Rhodes 270 PARK AVENUE, NEW YORK, NEW YORK 10017 Data April 16, 1974 Originating Dipt, Answering Utter data Sub/.cf Toxicology J 1; This is a follow up to our recent telephone conversation requesting the views of Union Carbide's Medical Department on the confidentiality of employee physical examina tions as related to the OSHA asbestos regulations. Background information on this matter is attached. A statement of your opposition to such a move, together with sub stantiating reasons, would be most helpful to our activities in conjunction with the Asbestos Information Association in opposing such a change in the OSHA asbestos re gulations. WCT:es Attachment W. C. Thurber UCC 014396 ' % o ,0 `w1 "'W received .4PR 111974 MEDICAL DEPARTMENT To (Nome) Division Location Copy to Mr. W. C. Thurber UCC Mining & Metals 38th Floor 270 Park Avenue New York, NY 10017 Mr. J, L. Myers File Originating Dpt. Answering fetter date March 4, 1974 "Calidria" Asbestos s*>it Toxicology Dear Bill: Here are three items relating to the above subject where your recommendations are requested. 1. Confidentiality of Physical Examinations | At our first Technical Advisory Committee meeting, Ed Fenner I mentioned that a very strong push is expected from the Unions to j \ make the results of employee physical examinations confidential. This means that the company does not have access to the results and only gets a statement from the examining physician that the man is able or unable to work. This position was also reported :.; 1! !I 1> to have considerable support from OSHA. | A request was made that the Corporate Medical Directors of the various companies represented be asked to state their position on this matter and provide any supporting evidence or information re the position that they felt was appropriate. This would be used by the AIA/NA Medical Advisory Committee to evaluate if an industry position should be taken and if so what it should be. I assume that the final results will be subject to the same review by the Board of Directors as the Technical Committee recommendations i '' ;j :i ! j - but this was not explicitly stated. j It seems to me that this would be a good matter for you to discuss with Dr. Dernehl. If you agree, please proceed. If not, please advise. ;; ;i jj 2. Consumer Product Safety Commission The attached article came to ny attention today. I suspect that this Commission has no background in asbestos and "only know what they read in the papers." Some missionary work by Bob Mereness-before the activist petitions to ban asbestos containing consumer goods start to come in may be very useful. It is suggested that this matter be brought up at the next Board of Directors' meeting. DECEIVED UCC 014397 MAR 5 1974 a;'-; ":'"y > -- .i