Document jB6X9x1wRvxaQp1dVYDOGEX7N

cc: EQC Members E. 1. du Pont de Nemours & Company IMCOWeiMTlfl Wilmington. Delaware 19898 EMPLOYEE RELATIONS DEPARTMENT PLAINTIFF'S EXHIBIT DUP-2540 November 19, 1980 RECORDING ASBESTOS-RELATED CONDITIONS ON OSHA FORM 200 In light of an intensified medical detection program to identify asbestos-related conditions, additional cases of asbestosrelated abnormalities and illnesses will probably be revealed. Safety Fire Protection Guideline 11.1, "Classifying and Reporting Occupational Injuries and Illnesses", Section 2.3, describe^ conditions which, must be met for tabulating and log ging on OSHA Form 200 (U.S. only) occupational illnesses. In applying this paragraph, all Du Pont work-related instances of asbestos;-related abnormalities, whether judged "benign asymp tomatic", "benign symptomatic", or "malignant", should be considered tabulatable and recorded on Form 200 (U.S. only). Tabulating and recording the benign asymptomatic abnormality is a change in practice. Du Pont's Medical Division does not regard the Benign Asymp tomatic Abnormality as an illness, and thus, our practice has been that of not logging. OSHA, however, maintains that this condition is loggable and has issued citations for failure to log. The change in logging practice is an administrative procedural change tb avoid future citations, and does not reflect a change in Medical Division's position on the significance of the benign asymptomjatic condition. The attached Guidelines "For the Management of Chronic Occupa tional Illnesses" and "For the Diagnosis and Classification of AsbestospRelated Medical Cases", published by the Medical Division are provided as background information materials. DUP 0821268 I DU 011683 There'* a world of things we're doing something about 2 The past practice of submitting Non-Tabulatable G-105's for benign asymptomatic asbestos-related cases should be dis continued. Accounting for medical expenses is described in Part 10 of the Service Manual. Questions on logging and classifying injuries and illnesses should be referred to D. G. Windsor, 774-S050, or J. I. Weir, 774-2234. SAFETYj FIRE PROTECTION DIVISION Attachments TO: DEPARTMENT HEADS OSH COORDINATORS PRODUCTION/PLANT MANAGERS I LABORATORY DIRECTORS SAFETY SUPERVISORS 1 DU 011684 DUP 0821269 GUIDELINES FOR THE MANAGEMENT OF CHRONIC OCCUPATIONAL ILLNESSES H^en a medical examination of an employee or pensioner suggests a chronic illness which might have arisen out of and in the course of Du Pont employment, the site physician and site management should implement the procedure stated below. Medical Division guidelines for specific causal agents should be consulted as appropriate. 1. DIAGNOSIS T^e site physician should establish the diagnosis and j degree t>f disability, if any, by a review of all pertinent data and consultation with the Medical Division. The diagnosis and degree of disability should be verified by appropriate medical specialists. 2. CAUSALITY A comprehensive work history for the employee should be prepared by the site physician and site management and examined i for a causal agent. Non-Du Pont exposures should also be identified where possible. It is the responsibility of site and departmental management, with advice from the Medical Division and appropriate consultants, to determine causality as promptly as possible. This determination and the exposure history should be made I a permanent part of the employee's medical record. EMPLOYEE NOTIFICATION The Du Pont Guideline to Physicians on Informing Employees of Abnormal Findings should be followed and the employee or pensioner should be promptly notified of Du Font's determination of caisality. If there is an unavoidable delay in determining causality, employee notification of the known facts should not be postponed. Employee notification should be documented in the mediceil record. 4. MEDICAL MANAGEMENT AND COSTS If the causality is related to Du Pont employment, and if a preempting national health plan is not in place, the site should accept the responsibility for costs of appropriate medical evaluation, follow up, and treatment. In those cases in which causality has not been determined, site management may choose to assume the costs for appropriate If medical evaluation by a medical specialist approved by site . management. |If the causality is non-Du Pont, the case should be treated i as any other non-occupational illness. The employee should be notified as stated above and assisted in seeking and receiving ^ appropriate medical follow up with a private physician. DUP 0821271 5. RECORDING REQUIREMENTS A. U.S. - Recording in OSHA Leg : An illness with a Du Pont causality should be logged in the OSHA log; an illness with a non-Du Pont causality should not be logged. Regulations require logging within T-2 DU 011686 3 six working days of site management's receipt of sinformation that a recordable illness has occurred (i.e., that the diagnosed illness has been determined i to be occupationally related). The date of "onset of illness" on the OSHA Form 200 should be the date of medical diagnosis, not the date of determination of caJsality. If jthere is a question as to whether a medical finding constitutes an "illness", the Medical Division should be consulted. B. Non<-U.S. Applicable local regulations for reporting/recording should be determined and a procedure established by Subsidiary management. In the absence of any regulations, a logical recording system should be established in consultation with the Safety and Fire Protection and Medical Divisions. 6. DU PONT S&F TABULATION Tabulation of work-related illnesses for purposes of Du Pont safety records should follow Safety and Fire Protection Division Guidelines. 7. EMPLOYEE COMPENSATION j When Du Pont causality has been established and disability exists, site management should promptly assist the employee in 1 DU 011687 DUP 0821272 obtaining workers' compensation or other state or federal disability benefits to which the employee may be entitled. Matters of employee compensation should be reviewed with Employee Relations and Legal through normal channels. Site job transfer and pay practices should be followed when an employee is temporarily or permanently placed on another job. DUP 0821273 T-4 DU 011688 GUIDELINES FOR THE DIAGNOSIS AND CLASSIFICATION OF ASBESTOS-RELATED MEDICAL CASES This guideline supplements the Guidelines for the Managemient of Chronic Occupational Illnesses (1). This guideline covers those asbestos-related conditions listed >elow. Use of this classification should be restricted to those cases in which there is evidence of probable asbestos exposure. L Benign Asymptomatic Abnormalities; Pleural thickening and/or plaques and/or calcification with no evidence of parenchymal disease Benign Symptomatic Illnesses: Presumptive asbestosis Confirmed asbestosis Exudative pleural thickening Pleural effusion Malignant Illnesses; Mesothelioma of the pleura or peritoneum Carcinoma of the lung, larynx, or gastrointestinal tract (stomach, colon) A presumptive diagnosis of asbestosis is one in which there is good evidence of. parenchymal disease due to asbestos exposure even though there is no interstitial fibrosis noted on x-ray. Such a case would include pleural x-ray changes, symptoms, abnormal spirometry and/or abnormal blood gases. Accepted medical practice and NIOSH guidelines suggest that a ^confirmed diagnosis of asbestosis should be made only with the presence of x-ray changes of interstitial fibrosis, symptoms (dyspnea, cough, etc.), physical DU 011689 DUP 0821274 - 2- findings (rales, etc.), impaired pulmonary function (abnormal spirometry or blood gases), and a positive exposure history (2, 3). A comprehensive history of probable exposure to asbestos and other pulmonary irritants should be obtained by the physician from the patient at the time of the examination. (This history will assist in the determination of causality as well as aiding in the diagnjosis.) The history should include all possible pre-Du Pont occupational exposure and off-the-job asbestos-related exposure(4). A detailed evaluation of smoking habits should be made. i A supplemental work history should be prepared by site management listing all periods and/or circumstances of possible asbestos jexposure. If the employee was not assigned to a job that involved handling asbestos-containing materials, an attempt should be made to determine whether the employee could have I incurred exposure by working near an operation where asbestos dust was released. In determining when and whether causal exposure could have occurred, it should be borne in mind that asbestos-related disorders can result not only from long-term moderate exposure but also from short-term massive exposure. In all cases where the tentative diagnosis is a benign _ symptomatic illness or a malignant illness and in other cases if the evaluation is inconclusive, the tentative diagnosis should be discussed with the Medical Division. Where appropriate, the site should use an approved medical specialist to carry out the ! additional testing or evaluation required to establish a diagnosis. DUP 0821275 U-2 011690 -3- The scope of further testing will normally be determined by the specialist, but should include certain minimum tests. A suggested referral letter indicating these tests is attached. Where an asbestos-related lung abnormality of Du Pont causality has been established, the follow up should at a minimum include a semi-annual posterior-anterior and lateral chest x-ray, and pulmonary function tests. If the employee refuses, this fact should be documented in the employee's medical record. Those employees with confirmed asbestosis, exudative pleural thickening, pleural effusion or malignant illnesses should Lbe excluded from tasks with potential for exposure to asbestos. Those with benign asymptomatic abnormalities need not be excluded. uThose pith presumptive asbestosis should be handled on an individual basis. REFERENCES 1. Medical Division, Du Pont Employee Relations Department, "Guidelines for Physicians", Section T. 2* Prdger, L., et al, "Asbestos-Related Disease", publisher Grjjne 6 Stratton, New York, 1978. 3. NIOSH, "A Guide to the Work-Relatedness of Disease", Rev. Edicion, January 1979. 4. National Cancer Institute, "Asbestos: An Information Resource", May 1978. DUP 0821276 U- 3 DU 011691 Dear Dr. an employee of the Du Pont , is referred for pulmonary evaluation. Chest x-ray findings have been interpreted as containing some abnormalities. In your evaluation, the following minimums are requested: A detailed history of occupational and nonoccupational exposures, including smoking history. Examination of the lungs. Review of recent chest x-rays that include right and left oblique views. Complete ventilatory function testing without and with a bronchodilator. (Measurement of arterial blood gases at rest, and after exercise. A statement of your evaluation of the respiratory impairment, if any. The etiology of the condition. Please send your bill for this service (examination, testing, and x-rays) and the report to me. If the employee requests that a copy of your report be sent to his or her personal physician, please ask that this request be submitted in writfhg to me. A copy of your report will then be sent from our office. Please return our x*rays by certified mail. Very truly yours. DUP 0821277 U-4 DU 011692