Document gDzvqVJ2r9aa0ww1vM4nrmZJe

Asbestos Pipe Makers Y/ant Ban on Use Lifted _ _ .f 4 Commission ' By DUNE LEV1CK "We're much more concerned with Manufacturers of asbesto&cflDenl the principle of unscientific attacks water pipe, which the state has banned effective Oct l.have asked , he state health commissioner to lift n.e ban, a state health official said on a product", said McCallie. McCallie said Johns-Manville will , also oppose proposed slate regula tions concerning asbestos-cement votes to buy '.day. - . . pipe already in use, slated for a Sept The General Assembly in its Ipast session banned future use of the pipe, 16 hearing in Hartford. That proposals would require special acidity-alka *: * .. .. which under certain corrosive water conditions is believed to release as bestos fibers. The law that passed left linity testing of water in all systems using asbestos-cement pipe to guard against deterioration of the pipe and asbestos pipe 't to the discretion of the state's release of asbestos. " ' wealth commissioner to lift the ban if The state shouldn't adopt such reg . ie or she deemedd the pipe not to be a wealth hazard. ' , Denverrbased Johns-ManyilJe Corp. and PennsylvahTa^fiased Cor? tainTeed Corp.. manufacturers of as bestos-cement pipe, have petitioned the state Department of Health Sser- vices to lift the ban, Richard Wood- hull, head of the department's water supplies division, said Friday,**^ ulations for corrosion control if they only apply to that one kind of pipe, be said. '*>*' McCallie admitted his company's concern is that water utilities will hesitate to buy pipe which requires such procedures. , By Michael Kranish .. , tadgwiteawnw >. T some possible adverse health affects, the letter said those should be corrected with proper chemical treatment of the water. Mayor Carrie Oldham changed her vote to favor asbestos pipe, saying because of the EPA's letter she now feels it is the saf est of the three. Commissioner George Burt changed his vote from yes to no, but offered no explanation for the switch. As they have since July, Carl Dicks and A public hearing has been tenta tively set for 10 ajo. OcL 15 in the state Capittioi for the pipe manufac turers to present evidence on why the pipe shouldn't be banned, Woodhull LAKELAND -- Die City ConmfisslaU voted 4-3 Tuesday to buy six miles of asbes tos water pipe, breaking a deadW^HuT occured wbea questions were rals^jibout possible health laniih - *y . - Larry Turnipseed favored asbestos end Peggy Brown and Curtis Walker opposed tt. Walker said he was not against asbestos, but was opposed to having the city subsi dize the extension of water service into the said. Wyatt McCallie, counsel for Johns- Manville, said Friday the legislature, in passing the ban, wasn't voicing any stand on whether the asbestos-ce ment pipe is a public health hazard. The legislation, he said, was aimed at having the state health; ~J ||t||_______pipe^ShnuTa^^p turers* position is that ihere'sVim-^^' oly no evidence to support ihe idea nat ingested asbestos is a hazard to ealth." Inhalation of asbestos fibers has been shown to cause cancer. .., While the manufacturing firms themselves will participate in the state's October hearing, the Asbestos Cement Pipe Producers Association won't be allowed to by the state, said association Director of Public Af fairs John Welch. The state has taken that position because the association doesn't itself manufacture the pipe in question and therefore wont suffer financial loss because of the ban, he . said.. > ' r ... fr*'?9r- The financial impact of the Oct 1 - ban for Johns-Manville, said McCal lie, will be "fairly small'' because sales of asbestos-cement pipe in Con necticut have come to n virtual \\ standstill. In the Ipast few years, I sales have only averaged about' Commissianer Allan Boring whs the swing man when an unacheduledvote was taken over the pipe requisition, which had been defeated 4-1 and 3-3 tencenf meet ings. Boring had been absent for six weeks due to heart trouble. To avoid anyj nmidf hi'ntth hazard, the water win now, be treated with zinc. . pboophatej|*lrwluce the chance of'pipe deterioratwn?An Environmental Pjbteo-'^lfBk* thm Agency official said the treatment should correct any possible adverse health effects. ilgjnI ni v-ayrr.-yv: When the requisition first cams tmfsee the commission in July, the EPA bftldal said asbestos could be a health hufcnhtf ingested in sufficient quantities. The offi cial, Leland McCabe, chief epidenakdogist of the EPA's Ondnatti office, also said county. The commission agreed to review the rate schedule so water service in the county is self-sufficient. Technically, the commission voted to allow the administration to use its discre tion in buying whatever type of pipe it want ed. City Manager Youkey and Water Super intendent Williams, however, made it clear they would favor asbestos pipe. Williams originally said be favored asbestos pipe because it was cheaper ($600,000) than the same amount of ductile iron pipe ($1 mil lion). Youkey told the commission Tuesday he "couldn't care less" what type of pipe the city bought, but said be wanted to use what the FPA found to be safest. Citing the EPAAtlanta letter, Youkey said he would "obvi ously" buy asbestos pipe. high asbestos readingshad been obtaked in previous tests of Lakeland's water. But Water Superintendent Tom Williams insisted asbestos pipe posed no public health hazard. On Tuesday, he told com missioners he learned earlier that morning that a UTS test showing high Incidences of > danger at the school. He said the sample f was high because the school was closed during summer and water had collected at the tap and the problem could be remedied by flushing the lines. The four approving commissioners based their vote largely on a letter from the Atlanta office of the EPA, which said as asbestos fibers in the water was based on bestos is less risky than the other two avail false samples. He said there Is now ques tion about whethera problem ever existed.' able water pipes made of ductile iron or f polyvinyl chloride. Although asbestos has / Four new samples were taken last month by the Polk County Health Department, of which three were found to be within accept able levels. But one sample, taken at Lake land Highlands Junior High School, had 5.3 $100,000 a year. he said. million fibers per liter -- far above the unofficial acceptable level of300,000. . _ Williams said there is no immediate UCC 004592 Expert says task is id `zeTo^engiifeer' all asbestos By JOHN BURGESOfT NEW HAVEN -- Dr. Robert NC* yer, the consultant who that thevdtyjjcrap. r?SiwyerTs currently the ^Division of Preventative and Occup _ fedidne of the ,yale.Universityj _ of Health Services-TleTs r Wednesday's Comprehensive All Seminar, which took place all day here.' - Sawyer, a nationally respected autha ity on the problem of asbestos is school buildings, said that It would he urmossible Puttier of numerous articles on the't "of asbestos, including the U.S." 'mental "Protection Agency hi ^AAestos-Cootahdiig Materials fat! ' i: A Guidance Document.? fiSrtd zero-engineer for a^as the substance u"' the construction i _ ` The seminar; attended by persons from industry andyarious state, federal and local agenda, was sponsored ,----- =**- . by the Interagency Regulatory,Liaison UCVClODmCIltS s Group "formed to coordinate the regul1 TM`" tory efforts of various federal' ' ; such as the Environmental Proteuwn ng*^- ,r r --* > ency, the Occupational Safety and Health 9^- J|| tllC WU6D6C Adminisiration and the Consumer Prod uct Safety Commission.' _ . Sawyer-emphasized the-problem of tftto* asbestos industiv incompetence .in asbestos removal ef-v. , forts, both in determining the extent of -'t-' rv gjyyimi ~ ' 7 the problem and the actual removal^ *** ^ Tfp If ' procedure. Asbestos, a fibrous mineral that was used primarily as a fire and heat, jg,r insulator, until 1973, is harmful when its r.4>, minute particles flake,into the atmos phere and are inhaled. .... He said that insulation samples taken , ^ for structures suspected of containing the ' substance should only, be analyzed by . At a time when there are many new#|fc*?'*"v attacks on the use ofasbestos,' often 1 persona] or political ends, the QubeS???(,W`*e' government is continuing to try totPhSfarijaits.. advance the participation of the provinces* * ~;i' ` ' intheasbestosindustiy.andofthesfW^^^ ' ' industry in its markets. t ,-`*^ trained personnel using a polarized light-sr . microscope, in which the characteristic . t crystalinestructure raiybr^legliTie ' Ffa^Sawyerernghasized that proper^pr ingflhe^fnlln wed ^during___ _ iterio walls and floors with plastic sheets, wet-,,. ting down the area to' reduce the amuunffi*: In May 1980 the province reached ah agreement (formalized later) in prindpSUr'** 0 * ~ with theT^umerand Newall group,: buythegl^B'^pinadian interest _ feAtfattT\kri^r,"Mcm _ and Turner Building Products,Missioriuggj#: BC.The firstisfhelongestablishecMipl^i ' noff aniirrkbAoMrnbe''Hdiuteslt a-inrtdJ r Ipaniiinwe twunoerkbaepres to,, mining operation in Quebec, the others^ 4- - t*- use air masks. are fibre processors and producers 'He explained' that'asbestosiS? one id asbestos cement Xhe deal would costMmtv-* .' several lung diseases caused by Inhala-ff?^ S353-millioii^lMg>j. . .., non of asbestos particles; is progressive, " Theprovince has long wanted artflg f,, ) meaning the disease continues to develop'' even after the victim is removed from asbMtosrih'm^buMhe negotiations*^'^-'* * ` asbestos exposure. He pointed out ihat ciga'i^te smokii^hf^(Asbestii^^haveheen protracteaPy* "acts in a'synergistic fashion" with ^l^Tjind difficult, it has also been the* ytwjfMzrcr asbestos exposure to increase.thy liketi-^ T^intentionlSincTeasgthe'irnounfofw*^** ^ hood of developing lung malignancies 90 ^J^sbestos processi ng carried ou t untfnr**' ,',t> times. "There would' n't be an asbes--tosv',-. -1 , the provifiS'^sIihs to benefit loc.a..l problem if everyone stopped smoking.'"^, '"*t'mplmm??RifSna .f He said the danger of.the substance is^ I Thu f\v?fprecfua.fs oT asbcstcPccmcrJ |iyio offhc most important asbestos*** iiak %*(_-- _ . _ ------ . "A particle released Trom a height ''three"meters will remain'airbome 101^ pniductslwill allow Quebec to tripl domesticjMXicesstng id asbestos in t '"^&V^fnm3 four hours," adding that the smallest^ - The mine.Tho'operation itfles"Mi?f asbestos particle will remain airborne in-| . ITnuatiU* Boll in Thetford Mirw-*: * side a room for over three days before - ^tfii^CmgEebrer^cjS^lt brttf settling to the Ifloors V; I ' HwcwdeAifTti.lioOt'dnndSS yeai^h wr-.: i"' prindpat1\'1(ine fibre produtt'oj, EijMfe ^^n^\u;ilhstim?Tand6?Tllies?3 ^k^?^nuTactu;A?Brh*? iV^/ttuut 6(10 peopleareetnp] ^ The undererou.ulmir . undthe improvements to the surface mill were reviewed in Western Miner, Nov'78 pi 5 Sales in 1979 were of the order of $35-million; fibre went to developing cou ntries (37%) and to the USA (2151) a well as other markets in UK and Eurnp, Atlas Tumer makes asbestos cement pipe and sfabs; employs about 500 .v people; and had sales worth about,, S25rmillionin 1979. A program nf^'' modernization and mechanization is?r hand, and one new product is asbestos slab for cooling towers oftherm*, or . nucleargenerating stations^.^^,' 7^ Tumer Building Productsis a smaller operation (about 40 employees) with 1979 sales ofabout S2.4-million. ';"' Asbestos cement slab product is soid' through AflasTumer,,--' La Socittt Asbestos. The Quebet government has expressed its intentior to continue with attempts to take over the former Asbestos Corp, which ' includes theAsbestos Hill mine in**^ yrjgava^^^-h- & t,Jhe acquisition of the Bell asbestos operation, and its proximity to the' r' Society Asbestos operation at Thetford Mines, could make it less necessarv to take over Asbestos Hill (to which Bell h comparable in size). However, the ' Quebec government has taken no `` decision about the possible exclusion o Asbestos Hill from the proposed SoC Asbestos takeover.*"' - 1 ;1 - 1 Tvl1. ?--'. r.^' _ . : 3 NON-TOXIC ASBESTOS FIBRE . At the 4th international conference On asbestos, Turin, May 1980, Professor Jacques Dunnigan presented s'--information about a new asbestos fibre whichTs not dangerous to health?* '*r iii Workat theUniyersity ofSherbrooki where an asbestos'research proerar . contmumeiitaa pniduceaa simmi "method ofn^storrningasbestosT so as to reduce veryconsiderablythe ': undesirablephysiological effects while retaining the useful physical properties. The research program has been ^ operating for three yp.irs, financed In*' the National Research Council and the Quebec government. Prof Dunnig^nv. tookcharge of the program after he was elected director general of thclnslitUtdi recherche'ct do develdppement de 'l-tt I'aniiant^. established and funded by^ Quebec and the AM AQ (Association de mines d'niriianledu QiuJbec^.'^^Sy*' A patcnt application has been made; and willbeextended to40countries?^ Efforts arebbmg made to obtain**##!' intematioiial recognition for the procis and tocstablishindiislridl production ` - ----------------- ^ WM UCC 004593  t '0"<a^ >&* is ' (ii%!cilo AO NEWS & a.Tp^ 3T6C HsC g \ f g^\ September 30, 1980R^^^Lfq NORTH AMERICA AIA/NA Industry-Government NOTESOCT 13198 Conference Has Record Attendance f, J. SHOfiiiiLhLVL The Association's Industry-Government Conference held Sept- 17-18 at the Twin Bridges Marriott Hotel, Washington, D.C. was attended by over 190 persons. This was fifth such conference sponsored by AIA/NA and attendance exceeded that of any prior year. Conference was scheduled in conjunction with Association's Tenth Annual Meeting. Two-day program included variety of topics of interest to asbestos industry. Panel discussions covered: asbestos and health; review of industry situation and perceptions by spokesmen representing mining, manufacturing and user in terests, and current and prospective regulatory initiatives by federal agencies; and, assessment of issues affecting image of U.S. asbestos industry. Individual speakers from government, industry, news media, and Congress completed the program, (see news clips) Proceedings of conference are expected to be available by end of year. Inquiries to AIA/NA's Executive Director are invited. OSHA Concerned About Data To Support Rulemakings OSHA Administrator Eula Bingham told reporters in Washington, D.C. meeting on Sept. 11 that the agency may look for legal means to require that all data on a hazardous substance is submitted to the agency during a rulemaking. Dr. Bingham said that Supreme Court's recent ruling on OSHA's benzene standard (N&N July) will require agency to gather "additional data" before setting stan dards to demonstrate that a significant risk exists which a pro posed standard will reduce. "We will have to take harder look at data that is withheld from the agency," Bingham added. According to OSHA officials, the agency as yet has taken no action and made no decision on seeking legal means to require submission of data. A Department of Labor attorney stated that both OSHA and NIOSH have subpoena powers under the Occupational Safety and Health Act of 1970. He noted, however, that the advantage of obtaining information might be outweighed by longer, more com plicated rulemakings. The attorney also noted that under Feb., 1980 decision by the U.S. District Court for the Eastern District riECEIv- _Jof Pennsylvania, OSHA has the authority to subpoena employer re cords that are relevant to the Secretary of Labor's function in OCT 6 iboU promulgating standards. ASBESTOS INFORMATION ASSOCIATION NIAGARA FALL'' M. Y. 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arington, Virginia 22202 (703) 979-1150 UCC 004594 Page 2 Asbestos and, Smoking now A Matter of Litigation A Missouri asbestos insulation firm has sued six major tobacco com panies in first lawsuit of its kind in the U.S. Suit claims that smoking not asbestos is the primary cause of lung disease among asbestos workers (see news clip). Above action was taken Sept. 17 in California Superior Court in Los Angeles and San Francisco by Standard Asbestos Manufacturing and Insulation Company, Kansas City MO. Company filed cross-complaints in some 10 cases involving large number of asbestos workers seeking damages for occupational disease. John T. LaFollette, an attorney representing Standard Asbestos, said the action was taken because of "stronger and stronger" reports by doctors that lung cancers among smoking asbestos workers "are due primarily to smoking and not to asbestos." Cross-complaints are an attempt to bring the tobacco industry into existing lawsuits, and let a jury decide what portion, if any, of damages the tobacco industry must pay, LaFollette said. There are more than 8,000 lawsuits pending against the asbestos industry, 25 percent of which are in California, from asbestos workers who claim their disease was caused by exposure, LaFollette said. "Some cases have been disastrous for the asbestos companies," he added, contending that the asbestos companies are "picking up the tab" for damages caused by smoking. LaFollette said that Standard Asbestos is not contending that asbestos causes no damage, but that "the great majority of disease is caused by (employees) smoking and not by asbestos." OSHA Head Defends Agency Before House Subcommittee At oversight hearing on OSHA activities conducted Sept. 16 by House Education and Labor Subcommittee, Dr. Eula Bingham, Assistant Secretary of Labor (OSHA), said there has been a "vast improvement in our na tional job safety and health program" in the past three to four years which has been "widely acknowledged in all but a few quarters." While acknowledging that there is still much to done, Bingham said that the stability in top level management that has occurred during her tenure has resulted in OSHA being "more competent and better able to fulfill its responsibilities" in areas of standardssetting, enforcement, training, education, and employer assistance programs. In terms of overall agency performance, Bingham noted that it was ironic that "criticism of OSHA has now shifted from ridicule about alleged impotence to charges that the agency is too tough - too forceful." . UCC 004595 Page 3 Fifth Circuit Challenges to ecide ancer Policy Challenges to OSHA's generic cancer policy will be heard by the Fifth Circuit Court of Appeals. The ruling, handed down by the Fifth Circuit Sept. 15, pertained to challenges to cancer policy raised by American Petroleum Institute. Rationale for Court's decision was based in part on fact that Fifth Circuit is already to be hearing appeal from Texas District Court in case by which American Industrial Health Council has challenged generic cancer policy. As result of Fifth Circuit decision, other challenges to cancer policy, suits currently lodged in various circuit courts including those of AFL-CIO, United Steelworkers, Cast Metal Federation and Polyurethane Manufactuer's Association, are expected to be con- . solidated with that of American Petroleum Institute in Fifth Circuit. Generic cancer policy, published in Federal Register of Jan. 22, 1980 (N&N Jan.) with effective date of Apr. 21, 1980, establishes basis for carcinogen regulation from which individual substances can be regu lated. Substances are designated either Category I or II based on potency and known effects on human and animals. Candidate list of 107 substances which are possibilities for sub sequent regulation was published by OSHA in Federal Register of Aug. 12 (N&N Aug.). White House Proposes Creation ofBoard to Examine Regulatory Costs and Benefits Making recommendations on means "for most productively meeting the goals of health and safety regulations" will be one of the tasks of President Carter's proposed Economic Revitalization Board, according to an Aug. 28 White House announcement. Carter announced the pro posed creation of the board as part of his proposed "economic renewal plan" to increase industrial productivity and fight inflation over the next decade. According to the President, the board would be composed of "some of the best leaders from American labor, industry, and the public." Proposed co-chairman are AFL-CIO President Lane Kirkland and E.I. du Pont de Nemours & Company Chief Executive Officer Irving Shapiro. The board, Carter stated, would "address the long-range problems of balancing regulatory costs and benefits." Senate Labor and Human Resources Committee Chairman Harrison A. Williams (D-NJ) applauded the Carter economic plan. Senate Republican Policy Committee Chairman John Tower (R-Texas) criticized the program, how ever, and said it fails to riaddress the problem of a growing federal deficit and excess government regulation." UCC 004596 Page 4 EPA Proposes Identification and Notification Rule on Asbestos in Schools EPA has proposed a rule to require all public and private elementary and secondary schools to identify friable asbestos-containing materials in school buildings. Proposal, published in Federal Register of Sept. 17, represents phase I of two-phase approach. Phase II, re quiring control of perceived hazards through sealing or removal, is scheduled to be proposed this winter. The rule, estimated by EPA to affect total of 44,000 public and private schools throughout the country, would require inspection of all areas of school buildings which may contain friable materials, grouping of similar materials into "sampling areas," extraction of bulk samples from each sampling area, analysis of these samples using polarized light nicroscopy, supplemented if necessary by X-ray diffraction, and determination of estimated percent asbestos content for each sampling area. In addition, proposal contains three notification requirements. First, all schools must post notice that inspection, and, if necessary, sampling and analysis have been conducted. Second, in schools with friable asbestos-containing materials, officials must notify employees of methods to be used to avoid or reduce exposure to asbestos. Third, schools must also notify their parent - teacher association if fri able asbestos-containing materials are found. All schools would be required to retain records of any inspection, sampling and analysis conducted pursuant to this regulation. Decision to regulate regarding asbestos in schools was announced by EPA in Federal Register of July 6, 1979. Prior to that time, EPA maintained that its Technical Assistance Program established in March, 1979 to provide guidance and technical information on asbestos abate ment to states and school districts, in conjunction with voluntary efforts from states and local school districts would be sufficient. EPA's decision to initiate mandatory rulemaking under Section 6 of Toxic Substances Control Act was based on determination that not all schools had adequately inspected for and identified their potential asbestos problems. EPA estimates 10,300 schools contain friable asbestos-containing material. Comments on proposal are due Nov. 3, 1980. Final rule is expected in Feb., 1981. EPA will hold an informal public hearing in Washington, D.C. on Nov. 17. Requests to participate in hearing should be sub mitted to Gordon McCurdy, Office of Pesticides and Toxic Substances (TS-974), Environmental Protection Agency, 401 M Street S.W., Washington, D.C. 20460. The Education Department is conducting a complementary rulemaking which has been planned and coordinated closely with EPA. The Secretary of Education has been authorized under Asbestos School Hazard Detection and Control Act of 1980, signed into law by the President June 14 (NSN June) , to administer federal grant and loan program to assist local education agencies in detecting and controlling asbestos hazards. Although funds authorized by the Act have not yet been appropriated. Education Department has published proposal in Federal Register of Sept. 17, immediately preceding that of EPA, establishing procedures to make available federal monies to local and state educational agencies. UCC 004597 Page ^5 In addition. Act establishes task force composed of ten individualssix representing specified government agencies and four representing organizations concerned with education and health. Duties of task force include advising Secretary on standards for identifying and correcting asbestos hazards in school buldings and on applications for grants and loans. On Sept. 29, after beina sworn in by Secretary of Education Shirley M. Hufstedler, ten-member task force held its first meeting. Comments on Education Department's proposal must be received by Nov. 3, 1980. They should be addressed to Dr. Herman Goldberg, U.S. Department of Education, Room 2079, FOB-6, 400 Maryland Avenue, S.W., Washington, D.C. 20202. New Workplace Asbestos Standard Proposed in Ontario Ontario Ministry of Labour, by publication in Ontario Gazette of Aug., 16 has issued proposal to set new provincial standard for occupational exposure to asbestos. Proposal, under authority of Occupational Health and Safety Act, is highlighted by maximum TWA worker exposures of 0.5 f/cc for amosite, 0.2 f/cc for crocidolite and 1.0 f/cc for all others in cluding chrysotile with ceiling levels of 2.0 f/cc, 2.0 f/cc and 5.0 f/cc respectively. Included in proposal are provisions for asbestos control program to include engineering and work practice controls, monitoring for air borne concentration, medical examinations and maintenance of worker exposure and medical records. Regulation is to apply to every employer at a workplace where asbestos is present, processed, mined, used, handled or stored and at which a worker is likely to inhale or ingest asbestos. Appended to proposal are two codes which establish requirements, one pertaining to respiratory equipment and the other to measurement of airborne asbestos fibers. According to Occupational Health and Safety Act, the regulations may be finalized sixty days after they are proposed or, in this case, on Oct. 15. AIA/NA, by letter to Ontario Ministry of Labour dated Sept. has requested an additional 90 days with which to prepare comments. 29, Some of new regulation's provisions will become effective the day it is finalized by its being filed with the Registrar of Regulations. Other of its provisions, such as those for permissible exposure limits, monitoring and medical examinations, will come into force 90 days after the regulation is filed. UCC 004598 Page 6 In another development within province of Ontario, Minister of Labour Robert G. Elqie has designated three member Royal Commission on Matters of Health and Safety Arising from the Use of Asbestos in Ontario. The Commission's terms of reference are as follows: (1) To investigate all matters relating to health and safety arising from the use of asbestos in Ontario; (2) To identify the relevant data related to asbestosis, mesothelioma and other diseases and health hazards of persons working with, or exposed to, asbestos in Ontario; (3) To review the present basis for Workmen's Compensation Board awards as they relate to occupational health matters affecting workers exposed to asbestos, including any special programs dealing with the rehabilitation of such workers; (4) To make such recommendations in relation to the above as the Commission deems appropriate. Two public meetings are planned by the Royal Commission. The first is scheduled for October 31, 1980 at the Ontario Institute for Studies in Education Auditorium, 252 Bloor Street West, Toronto. The Commis sioners will present overview of their inquiry which will be followed by session on health effects of asbestos, and another on Ontario government's "schools programme" for detecting and controlling asbestos. A second public meeting is planned for early December. In addition, during February, 1981, the Royal Commission will hold public hearings. Interested parties are invited to make written submissions to the Royal Commission. Meeting and Seminars of Interest . . . Industrial Health and Safety - Oct. 23-24, The Wisconsin Center, Madison, WI, sponsored by Department of Engineering & Applied Science, University of Wisconsin. Seminar will provide update on practices and standards with emphasis on carcinogens, lead, noise, dermatitis and waste disposal hazards at industrial plants. Fee: $170. (Engineering Registration, The Wisconsin Center, 702 Langdon St., Madison, WI 53706/(608) 262-6248.) . . . Asbestos Seminar - Nov. 5-6, Holiday Inn Airport, 1406 Beers School Road, Coraopolis (Pittsburgh), PA, presented by Penn Environ mental Health. Asbestos structure, pathogenicity, methods of measure ment and federal regulations will be covered. Fee: $225. (Penn Environmental Health, 6938 Meade St., Pittsburgh, PA 15208/ (412) 362-4100.) . . . Toxic Waste Disposal: A Rational Approach - Nov. 6-7, Dupont Plaza Hotel, Connecticut & Massachusetts Aves., Washington, D.C. pre sented by Interforum Group, Inc. Conference outline includes overview of EPA regulation, understanding legal liability and identification and assessment of environmental risks. Fee: $525. (Interforum Group, Inc., 68 William St., New York, NY 10005/ (212) 269-2240.) UCC 004599 sbestos INDUSTRY OFFICIALS QUESTION NEED FOR STRICTER WORKPLACE EXPOSURE LEVELS Stricter standards (or workplace exposure to asbestos, un der consideration by federal agencies, are not necessary in light of scientific and medical evidence, asbestos industry speakers told an asbestos information conference. "There is considerably more unassailable evidence, if you had to make a decision today, that the (existing Occupational Safety and Health Administration] two fiber per cubic cen timeter of air level is safe," John A. McKinney, chairman of the board, Johns--Manville Corporation, contended. But his remarks and those of other top executives of U.S. and Canadian industries, were not fully shared by U.S. govern ment representatives at the 10th annual meeting of the Asbestos Information Association/North America, in Arlington, Va.t Sept 17. McKinney was encouraged to "come forward" with the evidence by OSHA representative Robert L. Jennings, Jr., a special assistant to Administrator Eula Bingham. "There is not one single study that we know of where a popula ion exposed to below the 2 fiber level has been follow ed or 20 to 40 years, and the exposure well documented," Jernin^s said. Without the evidence, OSHA faces an "ex tra nel/ complex" decision as to what the "public health resjonre should be." Jmiungs said that "serious questions" have been raised abcut tie studies on which the two fiber standard was based, anc thi:t after 1975, the economic and technological feasibili ty f a stricter standard was studied. F.e n 'ted, however, that active work on a revised standard war delayed pending the completion of QSHA's generic regulation on carcinogens, released In January 1980 (Reference File, 41:7301). Recent court decisions, including the Supreme Court benzene ruling (8 OSHC 1586) and the U.S. Court of Appeals for the District of Columbia Circuit ruling on lead (8 OSHC 1810) also have delayed action on asbestos. The agency, however, is now in the final stages of prepar ing an advance notice of proposed rulemaking, and hopes to propose a new standard sometime in 1981, Jennings said. Because OSHA hopes to cover construction as well as general industry in a new standard, the proposal must be brought before the Advisory Committee on Construction Safety and Health, he noted. Weight of Evidence Johns-Manville's McKinney, stating that the "central issue" is whether asbestos fiber can safely be used in the future, contended that "if there is an attempt to write an un reasonable standard based on the evidence, we wouldn't have difficulty defeating it." Stating that decisions must be based not only on available evidence, but on the "weight of the evidence," McKinney contended that studies which show asbestos is unsafe are flawed, and the flaws are documented. Similar views were stated by Paul Kotin, Jobns-Manville's senior vice president for health, safety, and environment, who stated that on the basis of accumulation of data, "there is no evidence to convince me that two fibers per cubic cen timeter is a disease-producing level." Yet another industry speaker defended the protectiveness of the existing OSHA standard and cautioned against setting a stricter standard because of "emotionalism." M.E. Taschereau, president of Asbestos Corporation Limited, Canada, told conferees that lowering the two fiber level is "unnecessarily severe" and will be seen as an exam ple for other western asbestos-using or producing countries. Western world production and consumption of asbestos has remained "essentially flat" since 1973, Taschereau said. In 1969, total production amounted to 3.5 million tons, with 65 percent coming from non-Communisl countries, mainly Canada, Rhodesia, and South Africa. By 1979, with a total production of 6 million tons, the amount coming from the western world dropped 30 percent, be said. Lowering the standard in the U.S. would result in the asbestos industry becoming "more dependent on Russia," Taschereau said, adding, "The rest of the free world needs your responsible leadership." Taschereau claimed that the western asbestos industry has been in a "holding pattern" for the past six years because of "a wave of negative publicity associated with health hazards." In the meantime, the chemical industry, which "has a vested interest in providing substitutes," is leading "politicians and journalists'' to believe that safe sub stitutes already exist. . He contended, however, that there is enough medical in formation to permit the safe use of asbestos at the existing two fiber level. PUBLICITY. NOT RULES. MORE DAMAGING TO INDUSTRY'S HEALTH, OFFICIAL STATES The "real issue" in the future of the asbestos industry is not government regulation of working conditions, bu '. the bad publicity surrounding use of asbestos, the chairman of the board of the largest U.S. asbestos manufacturer said September 17. "I don't think the real issue in asbestos is regulation. That won't put us out of business," John A. McKinney said. "What will is statements to the media ... unsupported rash statements," he charged. McKinney said there is "talk" among the asbestos in dustry that federal government officials "know they can't regulate, so they will talk it [asbestos] down." He charged there is a "deliberate program to accomplish through the media what cannot be accomplished through regulation." McKinney, a panel speaker at the 10th annual meeting of the Asbestos Information Association/North America (see related article in this issue), said there is a "general belief in public that if you come in contact with asbestos, you will get diseased," a belief he charged was fed by inaccurate reporting. He charged that "anything" said about asbestos is reported, with the implication that conditions that existed years ago are unchanged. The implications are supported by "rash projections" of the expected numbers of disease cases, he said, with no reporting of "the fact that those pro jections are without basis." The asbestos industry is "still suffering from the wide publicity" surrounding publication of a report in 1978 by Joseph Califano, Jr., then Secretary of Health, Education and Welfare, that asbestos .cancers would account for some 17 percent of all cancers detected annually in the U.S. in the next 35 years (Current Report, September 14,1978, p. 459). Industry "must take the attitude that we are going to police ourselves," McKinney said. "If the weight of the evidence says we should do something, we will do it." "Johns-Manville intends to do everything it can to remain in business," McKinney reported. OCCUPATIONAL SAFETY & HEALTH REPORTER September 25, 1980 UCC 004600 Landmark Civil Action Asbestos Suit Aims At Tobacco Industry - . - Journal al Conwnarct SpmM .LOS ANGELES - In what is said to be the first lawsuit of its kind, the tobacco industry was verbally indicted for culp ability in certain lung-related (llHPITM , The landmark civil nit was filed simultaneously in Los Angeles County Superior Court hbd in San Francisco Superior Court by the Los Angeles law firpa of LaFollette, Johnson, SChroeter, k De Haas on behalf of Standard Asbestos (Manufacturing and Insultaing CO., Kansas City, Mo. *' The cross-complaint charges mat various cigarette companics are in fact responsible, m 'whole or In part, for the Injuries and damages that are bung claimed by hundreds of plaintiffs in pending Los Ange les and San Francisco asbes tos salts. At a press conference. Dr. Alton Ocbsner, head of the Oduner CUnlc, New Orleans, La., and said to be recognised as the leading authority in the United States ae smoking and hour cancer, said: '1 am taking this opportxnity to lend my expertise and my support to this legal en deavor. The tobacco inoustry Is the principal cause of death In the C.S. * Dr. Ochsner added that in pdditkn to causing long can cer, the use of tobacco ia responsible for heart trouble, strokes, aneurysis, emphyse ma, which he terms the most disabling of all diseases, and many other forms of cancer. Comment Offered '' Commercial Union, former ly the insurer of Standard Asbestos Manufacturing & In sulating Co., had this com ment on the fact that the press conference was held: "We believe the subject addressed ... is of great Importance to the entire busi ness and financial community and particularly to the insur ance industry." Hie new lawsuit arose from prior court actions accusing Jbe asbestos industry of re- sponslbility for all lung dam age which plaintiffs claim to have sustained. Eight thousand asbestos suits are already on file throughout the United States; nod 2,000 of these cases am presently on file in California. Some of these rate Standard Asbestos, and other asbestos manufacturing firms, as being solely responsible for me claimed lung diseases. However, John T. LaFol lette, counsel for the Kansas City company, says medical research has shown that many of the injuries crf the type rfaiiwut by the plaintiffs are caused by cigarette smoking. "Asbestos workers wbo smoke have approximately Si times the risk of death from lung cancer as asbestos work ers wbo do not smoke," Mr. LaFollette said. "According to a report by B. A. EUia, nonsmoking asbestos workers appear to have no greater Incidence of lung can cer than other non-smokers never exposed to asbestos. The non-smoking asbestos workers appear to have no greater incidence of lung can cer than other non-smotex in the general population." Mr. LaFollette added that Standard Asbestos doles lia bility In the asbestos suits pending against it, but he stated that if the courts deter mine there is a legal responsi bility, it should be shared by the tobacco industry. "The tobacco industry is getting away with murder, not only in America's lungs, but also in America's court rooms," Mr. LaFollette said. "But no more, not with this lawsuit" Specifically named in the new suit are: The American Tobacco Co., a division of American Brandt, Inc.; American Brands, Inc.; Philip Morris, Inc.; R. J. Reynolds Tobacco Co., Inc.; Brown and Williamson Tobacco Corp.; Liggett k Myers Tobacco Co., Inc.; Liggett Group, Inc.; Lorillard, a division of Loew's Theatres, Inc.; and Loew's Theatre*, Inc. UCC 004601 THE JOURNAL OF COMMERCE Seplomber 19,1980 "Without this cross-com plaint, the asbestos industry is picking up the tab for all the lung damage caused by the tobacco industry," Mr. LaFollette added. The cross-complaint states that each claimant is or has been a cigarette smoker and has "otherwise been exposed as a bystander to the products of smoking which caused and contributed to the purported injuries." This suit is believed to be the first one to involve the tobacco industry in the thou sands of asbestos lawsuits filed across the country. EPA Seeks to Force Schools to Identify Asbestos Hazards Bya Wall STREET jorKNAL aiatf Reporter WASHINGTON-The Environmental Pro tection Agency wants mandatory Inspections of aU elementary and secondary schools in the US. to help Identify potential health haz ards from asbestos materials in toe build ings. The prepared mandatory program would replace a voluntary school Inspection pro gram the agency Instituted last year, which BPA contends hasn't done an adequate job of pinpointing possible asbestos health harards. Some asbestos materials hqve been Identified as cancel-causing. Under the prepared rules released by toe agency, all public and private schools would have to try to identify potential problem areas such as crumbling or cracked walls where asbestos insulation could release dangerous fibers Into toe air. Samples would have to be taken from such areas and ana lyzed is a laboratory. And school personnel and parents would have to be told about toe results of toe Inspections. The agency estimates that more than 10,000 public and private school buildings certain asbestos materials that could cause health problems. EPA also said that approx imately 40% of the nation's school buildings weren't Inspected at all under toe earlier ' voluntary asbestos screening program or weren't adequately Inspected to determine potential health hazards. In the next few months, EPA expects to propose additional rules that would require school officials to fix possible asbestos haz ards once they are found. THE WALL STREET JOURNAL titTPT 17 IQflO