Document k6BRDebwvLnXZ5g4r00LdByoB

FILE NAME: Westinghouse (WH) DATE: 1976 Oct 20 DOC#: WH050 DOCUMENT DESCRIPTION: Memo RE Industrial Hygiene - Legal Statement, References Air Samples and OSHA Regs /--V s=5 05) u-- IP' (c) If1 p3 .-- j fwrwa : A2c3c6i-2d1en6t3 Prevention ae October 20, 1976 Sitieer Industrial Hygiene - Legal Statement m\ Us 2 HWBB-0037 To Mr. William H. Ziefel, Manager Industrial Hygiene & Safety Gateway cc t MHrr.. WD.. RB.ieHkeierssttaanfdf,, BU&-GD-1U501 3r9 We are now conducting air sanplee of employes whose work atmosphere contains airborne concentrations of asbestos. These samples are sent to Headquarters Industrial Hygiene Department for evaluation and when the results are transmitted back to East Pittsburgh, the correspondence contains a legal statement. The statement mentions that the Headquarters Industrial hygiene employe is acting as an agent of the Law Department and that the surrey is to be treated as a "Confidential legal Document." (See copy of such correspondence and legal statement attached.) Bie O.S.H.A. law now requires that air samples be taken and in some instances the results given to the employes. In other cases the employe questions the air in the work environment, air samples are taken and the employs requests the results of the surrey. The legal statement has appeared on all correspondence that we receive from Headquarters Industrial Hygiene, and I am told that if we allow the employes to review the correspondence, then the confidential status is legally deleted. In addition, the employes know the air samples or Industrial Hygiene surveys are performed, and if needed, they could possibly subpoena this information. Vie are mandated by law to furnish the results of the air samples to the employes and the results from Headquarters Industrial Hygiene are to be treated as a "Confidential Legal Document." I would like to know (a) If you feel that Headquarters Industrial Hygiene should continue to use this legal statement on all corres pondence (b) If it is continued to be used, how do we ccnmunicate with the employes and still maintain the legal status of the corres pondence as a "Confidential Legal Document." This legal statement has concerned me for some time and I would like your assistance in this matter. FOAM 3S04X /ck Attachment PS s= fe im * m If h--ir, 32 Wfsilnghouu Eltctrlc Corporation Hr.Cf*wiri* ,n4 M iJI N ff* V m. t*r#9n*v<-0O<"*"Crr >, ( M * l I V l n? 7*>U. October 1S, 1976 CAST FITTSBUIC* u n : e. Accident Prevention, T. Brady AGIO Attached ara the ratulta of air aaaplaa taken at varloua locations on varloua datea by aaveral people, fleaaa note that one of the samples la Just under the Federal (OSHA) Ha l t of 2 flbera/allllllter; a prevloua taaple (I.H. f 5101) of the aaae operation shoved a reault of 2.2. Note alao that tvo of the aaaplea had to he rejected; one becauae the sample had been tampered with, the other for excessive duet load. Plaaae adviho the appropriata people of thane rrnulta. If ve may he of furthar aealetance, piuaaa lei ua know. John F. Adaaa, Industrial Hygiene Engineer Corporate Industrial Hygiene Laboratory caa Attachsmnt LECAL STATEMENT - Adalnlaterlng and assuring the compliance of Ueatlnphouse's plant* with the Occupational Safety and Health Act is a duty of the Meetinghouse Headquarters Lav Department and the Industrial Hyp lene 6 Safety Department. To successfully complete this mission, planes must be Inspected to determine thair present status in relationship to said Act. As these Inspections are routine end time-consuming tasks, they must, of necessity, be delegated to other Individuals, as agents of the U v Department. Such persons are acting SO agents of the Law Department; and therefora, the survey Is to be treated as s CONFIDENTIAL LECAL DOCUMEMT. NNBB-0B37676