Document mBOdEnKk5nyz53XGVk345pJbg

/Ifi! ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 21 December 1979 AP00 DECr.G 1OT3 RECEIVED MEMORANDUM FOR: SUBJECT: Board of Directors Forwarding of Minutes for Board of Directors Meeting held December 12, 1979 Your attention is invited to the enclosed minutes for meeting of directors held December 12, 1979. The next regular meeting of AIA/NA directors is scheduled for Wednesday, March 12, 1980, at the Old Town Holiday Inn, Alexandria, VA. Further information will be forv/arded in due course. Executive Director bjp/cn Enclosure CAPCO JEN 0012364 m ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 BOARD OF DIRECTORS MEETING Quality Inn Pentagon City Arlington, VA December 12, 1979 Pursuant to notice, a meeting of the Board of Directors was held December 12, 1979, at the Quality Inn (Pentagon City), Arlington, VA. The meeting was called to order at 9:01 AM. The following directors were present: W. H. Beasley Frank Betts J. E. Connor Thomas A. Dougherty W. S. Durrell , Ph.D. Guy G. Gabrielson, Jr. Clarence A. Herbst, Sr. A. R. Hooker John H. Marsh C. G. Morgan Adam Novak H. B. Rhodes, Dr. Eng.Sc. John Riope3le Jean F. Robert (for M. P. Carson) Kurt Schwarz Martin J. Sendecki (for N. E. DeCandia) Peter Trettin (for Robert A. Carlson) Ann R. Wise Frank Zimmerman Cement Asbestos Products Co. Atlas Turner, Inc. Johns-Manville Corporation CertainTeed CorporationJim Walter Corporation Nicolet, Inc. Resinoid Engineering Corp. Flintkote Company Raybestos-Manhattan, Inc. Continental Products Corp. Huxley Development Corp. Union Carbide Corporation Eendix Corporation Asbestos Corporation, Ltd. Supradur Manufacturing Corp. Congoleum Corporation Special Asbestos Company Hollingsworth & Vose Co. National Gypsum Company Others Present: Victor Altmejd, Asbestos Corp., Ltd.; Burton Gale, Resinoid Engineering Corp.; J. E. Keith, Rostone Corp.; Robert Muth, Esg., ASARCO; B. J. Pigg, AIA/NA Staff; Arnold Podgorsky, Esq., Cadwalader, Wickersham and Taft; Richard L. Trahctman, Esq., AIA/NA Staff; Edward W. Warren, Esq., Kirkland and Ellis; and Hans Weill, M.D., Tulane University. CAPCO JEN 0012365 Page 2 I Minutes On motion, minutes of the preceding meeting, September 19, 1979, were approved as submitted. Financial Report The financial statement for the period ending Nov. 30, 1979 was reviewed by the Executive Director and accepted on motion. Staff Report OSHA - Report was made on the award of a $759,000 contract to Public Media Center of San Francisco, CA for development of OSHA's Asbestos Alert Campaign. EPA - NIEHS - A seminar to be held December 19, 1979 in Washington, D.C. on the effect of asbestos containing products in school buildings was reported. The seminar was scheduled at the request of the American Association of School Adminis trators and is being arranged by the National Institute for Environmental Health Sciences. Dr. Paul Kotin, J-M Corporation, will be among the panel speakers. EPA - Public hearings on the agency's Airborne Carcinogen Policy., proposed in the Federal Register Oct. 10, 1979, have been re scheduled for March 10 in Washington, D.C., March 12 in Boston and March 13 in Houston. Notice of intent to appear at a public hearing must be received by February 22, 1980. Written comments on the policy are due Feb. 7, 1980. This proposal has been referred to Dr. Weill with a view toward an appropriate AIA/NA response. EPA proposed in the November 29 Federal Register a response to Executive Order 12114 which requires federal agencies to assess the environmental effects of major actions they undertake abroad. The proposal, if finalized, could have an impact on the asbestos industry in that notification to EPA would be required from an exporter of a chemical substance or mixture for which a rule has been proposed or promulgated under section 5 or 6 of the Toxic Substances Control Act. The exporter would be required to notify the Agency of an exportation or intent to export; EPA in turn would notify the foreign nation. The proposal has been referred to the Standards Advisory Committee for its consideration of an appropriate Association response. Comments to EPA are due January 14, 1980. 1HDG - The Interagency Regulatory Liaison Group has published a draft Guideline for the Documentation of Epidemiological Studies to be used by member agencies for regulatory decision-making. CAP CO JEN 0012366 Page 3 Comments on the draft are due March 1., 1980. It has been for warded to Dr. Weill for consideration of appropriate AIA/NA comment. N.A.s. - Attention was invited to a statement of position on behalf of the Association submitted to the National Academy of Sciences in connection with the Academy's study on asbestos (copy enclosed). CPSC - The Consumer Product Safety Commission has published the results of the NIOSH tests on 30 hairdryers. The test results had first been referred to Dr. Nicholson of the Environmental Sciences Laboratory at Mt. Sinai. He was contracted to publish a report reviewing the test results. Congressional Activities - A. "Asbestos School Hazard Detection and Control Act of 1979 (H.R. 3282 S. 1658)." The House version of the bill was debated on the House floor for one hour on Dec. 3, 1979 and"is scheduled to be voted on by that body December 12. . (Note - H.R. 3282 was approved by the House of Representatives on December 13 by a vote of 336-63). No action is currently scheduled for the Senate version, S. 1658. B. "Non-disclosure by Business Entities as to Dangerous Products (H.R. 4973)." The bill was the subject of hearings Nov. 15 in the House Judiciary Committee Subcommittee on Crime. The bill's chief sponsor Rep. George Miller (D-CA) testified along with Barry Castleman, environmental consultant. A second hearing is scheduled for December 13. Witnesses are to be Dr. Samuel Epstein, University of Illinois Medical Center and Dr. S. Prakash Sethi, University of Texas. C. "National Workers Compensation Standards Act of 1979," H.R. 5482. This bill, introduced September 28 by Rep. Edward Beard (D-RI), is still pending in the House Committee on Education and Labor. D. - "Draft Asbestos Health Hazards Compensation Act." This bill is expected to be introduced by Senator Gary Hart (D-CO) before adjournment (scheduled for Dec. 21). Miscellaneous - A contribution of $750 has been received from National Friction Products, Logansport, Indiana. Resolutions Adopted 1. Following motion by Kurt Schwarz, nominating committee chairman, Guy G. Gabrielson, Jr., Nicolet, Inc., was unanimously CAP CO JEN 0012367 Page 4 elected A1A/NA Vice President as successor to Dimitry Poutiatine, Johns-Manville Corporation. 2. The appointment of J. E. Connor, Johns-Manville Corporation, to the Association's Executive Committee was approved.3. Following presentation and discussion, it was unanimously agreed that the proposed 1980 Association budget should be acted on through a meeting conducted by mail. 4. A resolution, introduced by Mr. Gabrielson, dissolving the AIA/NA Legal Research Committee and discontinuing the maintenance and upkeep of active files at the offices of Special 'Counsel for Litigation was approved (see copy enclosed). Miscellaneous Other reports and discussions in accordance with agenda. Dr. Hans Weill, Tulane University, was luncheon speaker. Other Business The next meeting of the Board of Directors will be held March 12, 1980, at the Old Town Holiday Inn, Alexandria, Virginia. Adjournment There being no further business, the meeting was adjourned at 2:25 PM. Executive Director rt /cn 20 December 1979 Enclosures CAP CO JEN 0012368 Resolution Whereas the AIA/NA heretofore has retained Cadwalader, Wickersham & Taft as Special Counsel for Litigation and; under the direction of its Legal Research Committee, has authorized the preparation of various legal memoranda relevant to the defense of suits at law alleging personal injury as a consequence of exposure to airborne asbestos fibers, has caused to be made a systematic review of the medical literature pertaining to the health effects of exposure to asbestos fibers, has directed Special Counsel to interview prospective expert witnesses to the history of our evolving knowledge of asbestos disease and to compile a list of individuals who appear to be qualified to give testimony on this subject, and has instructed Special Counsel to assemble and make available to defendants in asbestos product liability cases a file of selected documents entered of record in such cases; and whereas, limited use of the Special Counsel facility actually has been made, defense attorneys pre ferring to exchange information among themselves through the claims adjustment offices of the defendants' insurance carriers; Now, therefore, be it resolved that; (1) No further Association monies be expended to maintain the currency of the files of Special Counsel for Litiga tion; . (2) That all such files remain in the offices of Special Counsel so long as, and only so long as, Special Counsel may be willing to retain them; (3) That if at any time. Special Counsel shall decide that it is no longer willing to retain such files, the files shall be transferred to the offices of the Association or to such other place or places as the Executive Director of the Association may designate; (4) That Calwalader, Wickersham & Taft be continued as Special Counsel for Litigation at a fee of $50 per month with instructions to provide information and legal counsel to defendantsin asbestos product liability cases at the expense of such defendants and not at the expense of the Association; and (5) That the Legal Research Committee of the Associationbe and it hereby is disbanded. "i CAP CO JEN 0012369