Document kVOk8xo24XQGenVLJKo6NDXO

Kovember 28, 1972 Mr. J. H. Kelly _ Bendix Corporation 1217 S. Walnut Street South Bend, Indiana 46621 ' Dear Jack? * *' This concerns our discussion concerning labeling requirements vhera __braka. linings ~ire being7shipped^ tokenstomera. it- ..................... In attempting to determine what practice one cuat-uae, OSHA baa-stated that l one Is meeting- the-plrt~of Its regulations itwlILl not- be-- dted for violations. As a result of this. It becones uecssurj to interpret soae of the OSHA regulations. I am enclosing with this letter copies of letters written by the Executive Secretary for the Asbestos Information Association (AXA/KA). Ton will note on these reports that Mr. Armstrong, from Bendlx corporate headquarters, attended these meetings. There Is absolutely no question concerning the requirements for where loose asbestos Is being shipped. The big problem develops where members are shipping vhat the AXA and OSHA refer to as locked in asbestos products - brake linings, brake blocks, clutch feelngs, etc. When customers of yours drill linings, chamfer linings, cut linings, or grind Hn1ngsy.--they Jay very well-raise the-asbestos .concentrations In ^theatnoaphere-to^bove ^heLOSHATatandard Srmesbers=haxs~lndlested ~3hstrthe drllll^^jndigTl^diHg ppegatiohs .are- problem/arrei-in .brake lining factorlea with exiatlagcxhaust system. Therefore, If e custocer of yours atarted drilling or grinding without having proper dust collectors,, he would probibly be In violation of the OSHA standard. It therefore becomes your responsibility, as the supplier of the brake lihlng, to vars the* customer of 'this possibility. The form which the varnlng takes Is still not definite but the best guidance seems to be If you meet the spirit of the regulations you will not be deed for e violation. Therefore, you oes&d'r put in every one of your skids, . or cartons, or pallets, a warning notice to the effect: "Power tools without duat collectors should not be used for machingng, cutting, or sanding this product." If a notice such as this were enclosed with every carton, or scendled on the outside of the carton. It Is likely that you would be oeeting the spirit of the regulations, if you were to write your customer sad tell him about this with every shipment cade, you would probably be also ceeting the spirit of the regulations. If you send a one time letter to your custocer saying this. It is hard to say whether you would be meeting the spirit of the regulations. , Plaintiffs Exhibit S-B-AS-31 HWMR0027209 Mr. J. E. Hally Bendix Corporation -- 4-- November 22,. 1972 1 as enclosing a copy of Che warning label suggested in Che OSEA regulations where loose-asbestos fibers are being shipped, and the "Instruction Sheet" suggested where a customer is to do further saehining on clutch facings, brake lining, etc. I hope this is enough information for you. Dave Stone attended our aost recent Asbestos Study Committee Meeting where the subject of labeling was brought up. Your Mr. Armstrong is aware of some of the controversy concerning labeling. The current survey indicates Chat no Berbers are now label log shipments. A slight majority of those responding to date indicate that they interpret the OSEA regulations to require some kind of a warning where subsequent work is to be done on brake linings. This is controversial item for the Institute In that some members feel that one or two companies are trying*to railroad them into labeling. Another group of companies feel- that ve should comply with the splrlf of the law now and it is not fair if they do the proper labeling and their competition does not.. ' ' ' ` Sincerely, ' FRICTION MATERIALS STANDARDS INSTITUTE . EKD:llr Eac. '3 E. W. Drlslane Executive Director HWMR0027210