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FILE NAME Manville JMA DATE 1974 DOC JMA518 DOCUMENT DESCRIPTION National Gypsum Non Asbestos Drywall Compounds & Minnesota Trade Regulations M M Manville 3844A D Internal Correspondence Paul Kotin M.D. G. W. Wright M.D. W. B. Reitze N. W. Hendry - 2 S E. M. Fenner Date November 12 1974 From F. J. Solon Jr. - 4 North Copies File & Chrono Subject JOINT TREATMENT COMPOUNDS For info attached is a copy of the letter National Gypsum is sending to its Minnesota customers announcing discontinance of containing joint treatment compounds in that State Al Fay their Vice Marketing told me he expects this to happen State now that Minnesota has led it off This bears out Noel Hendry's forecast at the AIA Annual Meeting that he is not optimistic about the future use of asbestos in this type product Enc Gold Bond GOLD BOND BUILDING PRODUCTS DIVISION OF NATIONAL GYPSUM GYPSUM COMPANY COMPANY bes 1 AWARD AVENUE AVENUE RUFFALO RUFFALO NEW YO } Se GRAD November 1 1974 To Our Customers Subject Discontinuance of Containing Joint Treatment Products Under the Occupational Safety and Health Act OSHA a nation- wide standard has been established by regulations of the Department of Labor for work conditions where asbestos fibers are emitted into the air Since have contained asbestos and emit most joint treatment compounds asbestos dust when dry mixed or dry sanded they are subject to the OSHA regulations Those regulations require employers contractors to protect employees from exposure to asbestos dust to provide or make available annual medical examinations to monitor fiber emissions on jobs and keep records of such monitoring to provide warning signs to dispose of job debris in sealed containers bearing caution labels and many other specific requirements A news release from the Department of Labor covering some of the major requirements of the regulation is attached for your information Note Complete text of the regulation can be obtained from the local Department of Labor office or from Superintendent of Documents U.S. Government Printing Office Washington D.C. 20402 Refer to General Industry Safety & Health Regulations Part 1910 OSHA 2207 GPO 2015- 00035 Additionally a recent Minnesota statute appears to prohibit the shipping into Minnesota of joint treatment products which contain asbestos It also appears to prohibit the sale pur- STATE OF MINNESOTA TRADE REGULATIONS Chapter 325 Regulation of Manufactures & Sales POWDERED ASBESTOS 325.244 Ban penalty Subdivision 1. No person corporation partnership Joint venture firm or association shall use sell deliver or receive powdered asbestos whether in its powdered form or mixed with any other substance and to be applied with a pressure sprayer or in its molded form if asbestos dust will emanate from it due to hand- ling mixing or cutting for purposes of constructing remodeling or improving any building structure in this state Subdivision 2. Any violation of the provisions of Subdivision 1 shall constitute a misdemeanor 2 To Our Customers chase resale delivery or use of such compounds A copy of this statute is attached for your information Because of that statute we are discontinuing the sale in Minnesota of all containing joint treatment compounds Gold Bond Building Products has developed asbestos joint treatment products which are being used successfully by our customers and which comply with the Minnesota statute Our new product Triple T Compound is available from immediate shipment from our Ft Dodge Iowa and Matteson Illinois Plants Ready Mixed products are also available for immediate shipment only from our Matteson plant A technical bulletin on these products is attached We will accept orders for containing compounds when specified for shipment before December 1 1974 in order for you to meet any contractual commitments that you may have Effective at once we will however ship only asbestos compounds on all other orders Your Gold Bond Representative will be glad to answer questions you may have and will be calling on you to provide you with further technical information on these new products Gold Bond Building Products recognizes its responsibility to manufacture products that conform to Federal and State law while still maintaining the highest possible quality We know that you understand the need for both Gold Bond Building Products and our customers to fully comply with the applicable laws We urge your cooperation in complying with these requirements MARKETING DEPARTMENT Gold Bond Building Products Division of National Gypsum Company les att 1 U.S. Department of Labor - News Letter 2 State of Minnesota - Trade Regulations 3 Gold Bond Technical Information Bulletin GOLD BOND BUILDING PRODUCTS DIVISION OF NATIONAL GYPSUM COMPANY BUFFALO NEW YORK 14202 38524 " gt ALBERT H. FAY VICE PRESIDENT + MARKETING December 19 1974 Mr. F. J. Solon Jr. MANVILLE SALES Greenwood Terrace CORPORATION Denver Colorado 80217 Dear Jack To further date you on the asbestos problem copy of in Minnesota a report from I am attaching a one of our District Sales Offices concerning the reactions which we have encountered Sincerely ---- AHF les att CC R.II. Merences AIA Zoey Yeas dy, > - penance: ce F. B. Cent Phillips Reg gr Jr - Dallas nN . D. Kernodlo ... 1358 - Ufo L. F. Docker - Sales - Pflo Decmber December December December 1122 1374 1374 1374 Minneapolis Status Report Ecology Joint Treatment -- Acceptability - Frank As you know we eliminated shipments of any joint treatment products con- taining asbestos in the state of Minnesota effective December 1 1974 This was done based on the opinion of our attorneys and not without a great deal of soul searching and research Boe cage One never knows the full reaction of th decision of this magnitude until it is finally put into effect Dince this change has come about I have had the opportunity to talk to several factors of our industry as to the ramifications of our policy First of all last week I mit with Bob Larson who i the business agent of the Painters Union in the twin cities and the Bob Petersdorph who is Vice President of the International Painters Union We explained our position to them in de th that we had taken the bull by the asbestos Both of th of gentlemen agreed with our position horns 1005. on They caid that th unions position would be initially to pull their men off the job if asbestos material is boing used This also included ready mix Bou Larson told me that it was thrur which would be state wide to ban any to be used by the r journeymen plan to product incorporate in their May contract that would contain asbestos He stated the first offome the fines would be erexivately half of the normal OSHA fine to the contractor and the journeymen The scoond offense he quoted that would moet full borc On Monday I had lunch with Dave Green Executive Director of the Gypsum Drywall Contractors Association of Minnesota Dave is en of the Iroko dompany and is doing an outstandingjob with galan the Oppsun Drywall Contractors Irom seemed to to the consensus Dave I of the got a completely opposite member contractora They view have and this taken some exception to our memorandums of November 1 1974 to our customers Tave naid on first are gone that feel policing agency of material Impression it that National their own and and to be Gestang tactico and that there Gypsum Commany saloomen may act as a might report contractors using asb stos I assured him that this would never happen Ho went on to say it was the concensus of the membership that they would continue to take a wait and ace attitude That they didn't feel that the law was intended to in- clude the Drywall industry After talking to certain dealers in the market this also is the opinion that USG 13 imparting to their customers and contractors As I see it both the contractors and USG are willing to test this law in the courts if and when the tim comea In the meant all of ou inajor competition continue to call and ship both asbestos and asbestos free material into the state of Minnesota And with the pricing structure that I have covered under separate cover this is detriment of the National Gym Company Full scrutiny of this situation should be made by to the results of our vulnerable position toy management as related I have been unsuccessful in contacting Ir Hud alone 01 yl Psy lt t7\ the Minneapolis Safety Commission for a clear reading on the states position He is presently on vacation but I have a call in now for Ir Ivan Russel his assistant and will pass on any definitive decision orminating from the state ) 4 Bruce D. Chase DDC