Document jNDyyjMd5L3V6qLzoB6kK84ZN
INTERNAL CORRESPONDENCE
^STAS.5 DIVISION
P.0. BOX 579 - 4525 ROYAL AVE., NIAGARA FALLS, NEW YORK 14302
To (Namj) Division Location
Mr. T. F. Carmody Health, Safety & Environmental 270 Park Avenue - 11th Floor New York, NY
Date
Affairs
Originating Dept.
Answering letter date
November 23, 1977 "Calidria" Asbestos
Copy to
Messrs. T. D. Finnegan R. F. X. Fusaro
""GT L. ftyers W. C. Thurber J. W. Whittlesey
Subject
H.R. 8689
CONFIDENTIAL
The attached bill has been drawing both considerable support from a variety of groups and also considerable opposition. Dr. Selikoff, for example, is strongly in favor of it. Johns-Manville has also had a number of discussions with the Tobacco Lobby and has gotten their attention with the concept that tobacco plus asbestos may be a different legal issue than tobacco alone. The implication is that tobacco could be in for another round of litigation in this area and the bill may benefit them. In any case, I have been informed that there is a good chance that there will be a committee hearing early in the next session of Congress. There will also be a briefing on the bill available to the AIA/NA Directors in Washington on December 13, 1977 that I plan to attend.
A much earlier version of this bill was reviewed and extensively criticized by the Union Carbide Law Department about a year ago. It would be very helpful to me in my AIA/NA activities to have a similar commentary on this version by our appropriate legal expert. It should be emphasized that unless otherwise advised, I plan to continue our very low profile position for Union Carbide in this matter.
HBR/rmm Attachment
'll-ft;
Harrison B. Rhodes
UCC 013814
A08348
*`
Union Carbide Corporation Corporate Med'cal Director's Office
2f0 Park Avenue Mew York, New York 10017
CONFIDENTIAL
DATE June 2, 1976
Tot Mr* F. 3* Larrison, Jr*, Manager Paypoint 24-1
For the past two years, the Medical Department has been obtain ing a copy of the death certificate of all deceased active and former empl oyees*
To study possible relationships of their illnesses to occupa
tions, additional information is needed. Some of this should come from
the plant physician, but most should be available from plant records or
personal knowledge of managers* Pearch for information beyond this is
neither expected nor desired*
`
-
We have a certificate fort Gordon Thomas Soazighint
Any information you have as to cause of deatht
-
Heart Attack - Died 3-16-75, Age 56 ______________
Additional informatlont
1, Type of work performed for UCC, length of time in various assignments particularly as related to actual exposure to specific hazards such as asbestos, silica, radioactivity, or specific harmful chemicals* Of interest, also, are in dications of the severity of exposures*
forked for U.C.C. 4-25-6.fi..- 6-17-71. Severe heart attack. No -further work for us, & unable to do any kind of work. Worked for us as "heavy
equipment operator11, but did all kinds of laboring type jobs in &
around open-pit asbestos mine. Exposure records are very sketchy -
9-66 concentration in pit were sampled at 5-7mppcf., 8-71 mine coneen-
trations were from 7 to 41 particles/ml. >5 micron. Five to six months/
yr, were spent in the Coalinga mining office in sample preparation etc.
no air sample resulta are available for these times. Little or no use of
respirators was made at the mine during this time.
UCC 013815
A 08
S3
(2)
2. Simtliar information about activities before or after UCC employnent; other exposures or observations such as "complained of shortness of breath, but utent an hunting trips*"
No record of before UCC - except I know he vjss in Air Force
HiT-rinq W.W.Tfr
of course ran cattle on his place, as well
as mined mercury (& roasted ore) at his small underground mine,
near his home.
_______________________
3. Past medical history - whether from Medical Hecords or other sources believed rel iable, particularly about ill nesses which might be connected with occupations, In addition, informiatton about final illness might be useful.
Annual physical on 9-1-70 showed no problems other than hemorhoids
and previous history of pneumonia._____________ _______________
He seemed healthy enough, right up to 6-17-71, his first (?)
heart: attack.______________________ __________________ _________
4, Smoking history - especially if work hazards were in volved, such as coal or carbon dust, ozone, asbestos, silica, or heavy nonspecific dust loads
Was heavy cigarette smoker - right up to his death. My guess
is a pack a day.
All information is to be considered confidential to the Medical Department* Very truly yours.
JJVtAG
' John J. Welsh, M*D. Corporate Medical Director
UCC 013816
INTERNAL CORRESPONDENCE
UNION CARBIDE CORPORATION
t > fc
93973 UCC-CALrr>PFA 270 pMGA^^f!,cHW/ YORK, NEW YORK 10017
TofKW) M1* F- H. Larrison DfyfjiM Mining & Metals Division Location King City, CA 93930
Mr. J. W. Rawlings Mr. E. A. Piersall Dr. J. J. Welsh/Dr. X. S. Lane
Data April 2, 1973 Originating Dipt. Medical Department
Aniwaring totter dot* Subject
Dear Mr. Larrison: 0
Attached are the tabulated findings of my survey of airborne fiber (5.0
microns or longer in length) in the work environment at King City, March 20,
21, 1973* Ho air samples were obtained at locations outside the buildings during this visit owing to nearly continuous rain during the period.
During the first day (3/20), there was considerable variation in the pro
ducts being bagged in the main bagger area and also variation in the use or
non-use of the palletizer. Consequently, the air samples reflect broad changes in operations. During the second day (3/21), the operations stayed
constant. The notation palletizer-bagger operator or vice versa is used to des
cribe the periodic trade-off in jobs between the two individuals during the day.
The notation, bagger-handler or vice versa, reflects a similar job trade but in this case bags were manually palletized at the end of the conveyor in the wet circuit area.
While the sample periods do not cover a complete day, I believe it rea
sonable to make estimates of the weighted exposures as follows:
3/20
Bagger-palletizer operator-handler.
3/21
Bagger-handler.
3/20
Resin-grade bagger operator.
3/21
Resin-grade bagger operator.
Wet circuit operators (including press area)
4.5 4.0
8.0
1.6 L.8
3*6
UCC 013817
2- -
As you will note, and in line with our discussions, it is questionable if we can reasonably predict, except with a broad range, the levels of fiber that might be encountered in the main bagger area. Consequently, at present, the weighted exposure of bagger operators is similarly diffi cult to predict. For the present, at least, respirators must be worn in this area.
For the wet circuit areas, it seems reasonable to predict that fiber concentration as a weighted average will be less than 5.0/ml, and probably less than 2.0/ml. Of course, losses of dust from a dry ore pile or losses of dust through open doors to the bagger areas on windy days could change the picture. These losses will require close control.
In line with our discussion during the visit, I recommend that plans be started to provide a clothing change area that will allow separation of the work clothes storage and change point from the street clothes storage and change. Provision should be retained, of course, for vacuum cleaning of dusty clothing and shoes to reduce spread of fiber as much as possible.
I also recommend that at the same time, provision be made for a lunch area that is separated from the work area. Both of these areas (change and lunch) will probably be required by regulation, shortly.
Yours very truly
FWM :mc Enclosure
Paul W. McDaniel Industrial hygiene Engineer
UCC 013818
-t
ft TJ 1
Q CO O
d
O bO bD ft TJ
Clj ft ft
C p ft ft m d
w0
OJ tSJ & *H a -P CO
a
o
i>i a) > c
-P 0
ftg* <u H
*d
-p
H rH <u
r--1 a; on
ft ft
Q ft
fftt fctd
o
*
tfl .ft o TJ ft ft T?
X ft u o
ft
0
ft * Pi
o o
p ft
ft a> a f JZ
ft -ft
rd ft
-op
ft T?
BP.2
-p Ch H
ft ft d TJ cd
ft ft bD ft
CS ft d: ft P P jd
bO ^
ft ft
ft 0 0
* cd d
o3 d cd
g*
0f)t
a S
O 0)
B? ffftti
CJ ft
-P
>s ft ft
P o >1
ft 0 Q*
bn o
CO -p
H (--1
0 cd OJ
ft o
0
bD O bD o o
bO ft ft ft > bO 0 ft d c
ft o Pi O
hft
ft cq
p ft
ft CQ
ft (S3 O
cd
S
o y
f0t
r*3
lf--t
cd P 0 d 0 bD
w cd
ft
d O H P OJ H > "d o 3 & O cd u
e m& eo <3 t to a
ft
d o H p r; r. H 03 d o u
p
fOt z r
0 >
ffOtt i r
0 0 r :: CO
c a H -p cd p
<fut
0
B?
ft
bD bO
fCt8 ft
cd
ft
M ining & M etals D iv is io n
er
w
pd
0
rffQtt
s0 ft
ft
ro co C*'. VC UA CM
-3" GV
CM H
<<<
ft ft
oco mmm
O ft cn m
i--l i--! ft
i--i p--
s0 ft ft ft lII
ii
co
ooc
O ft
E-i o o o -d- J-
C~-
H
C\ CV Cv
i--i i-- ft ft
C\J
I
0
H 05
II
CQ
<<< ft P-< CJ
<ft <ift!
<j\ LTV +
ft cn
ft
ft
ft ft
oc OJ OJ
ft ft* 1
1 ft t-co cn cn
fftt OJ
ft
o LTS
OJ ;
ft o cn
j--
m OJ ir\ ro *
o ooo
ft <; ft ft
LT\ V OJ o OJ on o o
--1 i--^ OJ ft" 1--f
1 ;1 i o ooo Lf\ co t_r\ cn
ft r~
Cv fftt OJ
Lr\ o-vo
ft ft ft*
ft ft ft m co o cm o irv cnft- cn
1T: O LOO on cm ft CO ft
<tO <CO
3
*o3 oe<5
*aj <J <J S2c3
f0t)
ooo
OJ OJ OJ
oo
DJ OJ
a ro co on cn m
oo OJ CM v^v., m cn
O OJ
m
o ccc OJ VO.J VOJ. OJ
cn cn cn' cn
oo
OJ OJ cn
ff-ffCfopocd0pttttt32d 0 0fBt3dt
U foP0ctd fot fffff0pbbcP0I0cSHtttittddDJ3
-Pop foP0cdt ff,--0uCH0ttJ: fcdt P0bO fctd
0Pccdd iif----f0cP0bbcrp0KHttdd\DDt!i!
t--cP0i--d **3h
p0 0p
HTCcJ1d p0to Ptcodi
&iTK--tt3pmcca1JodD!
d0Pcd r. rPbb0*C-OOd :: fp0ctd : f0t
oo0>dOP>5 fOt ft
POh *fbHto fGctd f3dt
rH
0 fQ0bPCOcHtadD
ds *fbP3fHtDt
rrMbc"*>dD*
-ffaH0Ott* -fffCwp0Htt/t3
f0Pftt r *fH3OP0Ht r -
fJt0 i r ft
<fP0t c0Pfdt O fHf
P0S w
p
-ocP<pdu ft
o
fpOttctopdJ
f0Pftt --fP0<--t$ b0D
0.8
3 ?
UCC 013819
RG. Some bags b ro k e n . P a l l e t i
B agging and h a n d lin g S ylodex
3 /2 1 PA 9 :^ 2 - 1 0 :3 9 A 5 .2
8 :2 0 - 9 :W A 11.5
f
zer down.
0 <L>
>>
0O &
Sj
02 w o3 as
<D a> g
CD CD CO CO
-=r
CVI
T(3D
(3
CQ <D Ph
g5
H ilO
to
<d PI
O t- m* C- H J- LTN CO CO OJ C-P*
< < <c
P? OJ IT\ O i-H r--1
OHOJ H H rl
CO LTV CO OJ O rH
CO O r-i rH 1--1
<<< CO LA O 1AO rl
CO r-H OJ 1 H]5 T1
CO G\vO OJ LA O
CO ONH (--1
LO*
0
CO
1--i rH 00
cc c 0 o\ OJ 0 C\J rH
0 1--[ 01 rH 1--1 rH
0 1--{ 0 -d" 0 CO
CO 0 rH jH rH
*=$ <g
< < <
000
<J <J ass
16:39-12:02 A 6.8
PA
3 /2 1
H rl rJ OJ CM CM
co m ro
HHH Od-OJ OJ
co co co
OJ
"fn1
3 /2 1 PA
bag c o n v e y o rfi t area)
B adger-H andler
r--1 aj
a
d
03
0
CJ 0 U
O fr
<
EJ iH
c3 <U O
d
O 'd 0
!h
OJ -P
d Ph
d
bO 4)
PH d
u>
JH d
Ph
Q
XC
d0
bO
to d PQ
U W
v-.--H
`(H=1
H KJ
ttoo
0
Ed
fcfdi
UCC 013820
UCC BUSINESS CONFIDENTIAL Not to be released without approval of R.F. Kelley
ISSUE SUMMARY UCC FEDERAL GOVERNMENT RELATIONS DEPARTMENT
194A
Draft Report December 3r 1980
REGULATION OF ASBESTOS
Description and Background
Asbestos is a known human carcinogen. Asbestos was the first material regulated by OSHA and has been subject to a standard since December, 1971. The Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have worked out an inter agency agreement which divides up the regulatory responsibility for the massive asbestos efforts now underway. The EPA will regulate asbestos under the Toxic Substances Control Act or TSCA, the Resource Conservation and Recovery Act (RCRA), and the Clean Air Act.
Financial Impact
Union Carbide's asbestos business is especially susceptible to the mandatory substitution approach being considered by EPA and CPSC. Without regard for higher cost and lower performance, non-asbestos substitutes are available for many of our current applications.
Although total asbestos sales are relatively low, the quality of the business is excellent, with a net income of between S500M to SIMM per year.
UCC Position
We do not oppose regulations which are necessary to enhance worker safety and protect the environment, and we believe that current regula tions are adequate to accomplish this. We will continue an active role in the Asbestos information Association of North America (AIA/NA) because our interests are often not the same as other asbestos suppliers and users.
The Other Side
In analyzing the exposure to asbestos, the EPA has used an innovative "cradle-to-grave" approach similar to that used to ban polychlorinated biphenyls. As described in the October '79 ANPR the approach is to measure the risk at each step in the life cycle of the substances (mining, milling, transportation, product manufacture, product use, and final disposal) and add them together. If the cumulative risk is judged to be unreasonable, the EPA takes the position that all except absolutely
Auq3
UCC 013821
UCC BUSINESS CONFIDENTIAL
194A
essential uses should be banned. They have already made a tentative conclusion that an unreasonable risk situation exists for asbestos, and this is reflected in the proposed regulatory alternatives.
Allies and Opponents
Our allies on this issue include the National Association of Manufacturers, the American Mining Congress, and the Asbestos Information Association/North America, all of whom have been involved with the regulatory aspects of asbestos.
UCC Actions Taken
.
Union Carbide has been active in participating in the meetings with the National Association of Manufacturers and the Asbestos Information Association. Union Carbide has been supportive of comments submitted by the Asbestos Information Association in response to an advance notice for proposed rulemaking issued by EPA in October of 1979.
UCC Personnel Involved
Harrison B. Rhodes, Metals, Niagara Falls John L. Mayers, Metals, Niagara Falls
Situation Update and Outlook
The regulatory timetables that are now appearing give belief that there are several more years of regulatory investigations ahead with the result being substantiative legal challenges. It is likely that the courts may be the only possible source of relief. Bans or mandatory substitutions are not expected as a result of the large scale regulatory actions in progress. Final regulations reducing the asbestos exposure may take one to three years to be promulgated with several more years after that open for industry to come into compliance.
Adverse publicity related to proposed rulemaking and litigation proceedings is doing more harm to the asbestos industry than promulgated regulations. It seems apparent that some agencies are using the media in a calculated manner to achieve their end.
Federal Government Relations Contact: R.F. Kelley
Supporting Contact: George J. Hanks, Jr.
Address: 1730 Pennsylvania Avenue, N.W.
Suite 1250
Washington, D.C. 20006
Telephone:
(202) 872-8555
SUPPLEMENTAL DISTRIBUTION LIST
R.A. Allenbach R.G. Beverly J.B. Browning T.A. Carmody J.L. Mayers
H.B. Rhodes
T> ^ .
`r
/jr/194A
f-js
UCC 013822
36C
BCC: R. E. Byrne, Jr, R. F. X. Fusaro J. L. flyers T. P. Norris W. C. Thurber
UNION CARBIDE CORPORATION METALS DIVISION P. 0. BOX 579 . NIAGARA FALLS, N.Y. 14302 TEL: 716-27B-337
January 24, 1978
Mr. Craig McNey Vice-President Norwal, Inc. 7314 Deering Avenue Canoga Park, CA 91303
,
Dear Craig:
(
The additional dust count information that we discussed relative to drywall applications is enclosed together with an authoritative medical review article on asbestos-related diseases.
Also enclosed is a description of the type of information and services that can be made available through the Asbestos Information Association/ North America to defense attorneys in asbestos suits. There are relatively nominal charges for this information to help cover the very substantial costs entailed in its collection.
As we discussed, the main thrust in asbestos litigation so far has been in relation to asbestosis cases in insulation workers. The main basis for liability has been that the manufacturer knew the material was hazardous and did not warn the user.
If you have any questions, please let me know. I expect to be in California in the near future and would be glad to talk with your insurance carrier if it is of interest.
Very truly yours,
iJ- /). fiU'rzUa
Harrison B. Rhodes Technology Manager
-+tBR7rmm Encs. i.
2.
3.,
Testimony Regarding 16 CFR Parts 1304 and 1305 H. B. Rhodes, Federal Register, Vol. 42, No. 146, Friday, July 29, 1977.
State of the Art, Margaret R. Becklake
List of Information and Services - AIA/NA
UCC 013823