Document mdB7g6eVQB4B405oEN0dZnOZ

FILE NAME: General Refractories Company (GRC) DATE: 1935 Jan 15 DOC#: GRC006 DOCUMENT DESCRIPTION: Meeting Report - Mellon Institute of Industrial Research Symposium on Dust Problems, with J-M Cover Letter *;*r / \o Johns-Manville Twcmty-Tw o East Fowtictm-Stucit \ Ne w Yo r k .N.Y. January 2 2 , 1935 Mr. M. 7. Judd, Secretary, Raybestos-Manhattan, Inc., Bridgeport, Conn. He: Mellon Institute of Industrial Research ______Symposium on Dust Problems__________ Dear Mr. Judd: JLs I Indicated to you over the teTephone this afternoon, I an enclosing a copy of a memorandum I prepared for Mr. Lewis H. Brown regarding ay trip to Pittsburgh last Tuesday,.January 15th, to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research. Very truly yours, R flo u fri Vandiver Brown Attorney VB:T Enclosure PLAIN TIFFS E X H IB IT / O * 3? .005217 O U h jd K2KRAZIXIH SES- aiJLios rssniuSE 07 DrDt7S7PT.ir. fiESLtaca subpoena on d ost - PTT:S303S5, 7q ^ T ^ - ^ - ? n0r abo?t 5?caahe^ 1 2 , 1 9 3 A the ttellon Institute of'Industrial. Heseareh adcressed letters to some 85 industr** .-having industrial disease problems invitii* then to attend a * aBd*^ tbe auspices of tbe Institute on the ' ^ ^*=aaz7 ^ce of these inviiatioos vas receired hr i S ^ i S * 5? 93 Institute and, although the Asbestos Institute did r " ? ? * a* S not officially represented, J a h S S n r S l e ;' ^ - e S S C ^ 4 J ? i 2 i i ff1 obtained permission to:end a-repre-' laritaticais expressly stated that-attaiaiance -"t- this nesting need entail so obligation** : - - Johra-ienTille was represented at the teeti by"' r the-srlter of this s m o r andaa, Approximately 250 people ere ' ?TCr ladaatri* bich had accepted the > i "fli*tlon L th Kelloa Institute. .tte Hellos Institute *ms >~^**tl7 surprised at the remarkable response and it is cy - S f i f 11 " t-flad a better indication of the serious n a m r e of the problems it was the purpose of *the neetia to QiSCUSS. - . ' . . _ ..= . ' **** * -'i - . ' - - . t . *1 *** obi to ascertain that the'iallen institute isi bqg? prompted to call the Meeting by`representatives of p e sand and glass.and the refractories industries* Seuresea- " m S T T* rt^f3q-rla^ ? t^i*3 oog^orrod' *ith Hr*. S. H. Seidleia, '" eetar of the Institute, and after advlsl^ U a of the nature their prohlea, of its wid*-spreed character aact-noserocs . spacing aspects, suggested the need-of eon# fern of concerted action on the part of those industries presently or potentially ; 1gT?lTad~ - ^ - gndgr3t*ad * ? 5. Sbemood, fice-President of Oeens-TlliBPls Glass Coapauy and Hr."Sager Eiictins, Presi- ~-the 'Awerlcau~^efractogiea^Tairtitute,were'-the persons f^ o ^ f o e E t e d the situation to-the Melina Institute. Hr.. . W/llflTif-oc b e h a lf o f -the Institute, -agreed to cooperate to ` ;tlM_ctnt of call1nr the nesting and having.the representatives spends day la Pittsburgh an the guests of. tbe Institute. There "**-S soa* prelininary discussion as to tbe possibility of using .-theMellon Institute as a *?*****% house for infaranticn and - research upon aspects of the prohlea common' to all industries but- definite-canarttnents ere postponed until after the .of_the neeting '. . _ . .- An Impressive list of experts specialising upon ' * veri3 'aspects of _the dust problem attended the meeting and . 14 PLAINTIFFS EXHIBIT T>S* OC52.1S $ f* ! ^ R delivered addresses laang theso ere Zr. 1. C. Eirth, a leeyer associated with Williass, Zwersaan and Morgan, Toledo, Ohio, attorneys for Owana-IHinois Glass Company; Dr* Eugene P. Pendergrass of the X-ray Laboratory, University Hospital, phila delphla; nr A* J* Lease, Assistant Kedieal Director of the Metropolitan life Insurance Company; Dr. R. H. Sayers, Medical Officer In Charge of 0 S. Public Health S m c e j Professor Philip JL. Drinker of the School of Public Health, Harvard Unir m r t i t j i Mr. P. Robertson Jones, General Manager, Association of Casualty and Surety EzecntiTes; and Mr Donald E, Cummings, Assistant Director, Saranac Laboratory for Study of Tuberculosis. ~ The addresses delivered by these specialist*," together with the open discussion that fallowed then, rewealed-, a a rq other things, the rery menacing character of the problem, its complex nature, -the -uncertainties attending most of its aspects and the . aecessity of sane farm of-united action by.the afTlieted industries. . It was recognized that soma aspects of the problem " -were peculiar to special industries but it was equally evident that-other-aspects were common to all* - Tor sample, only tro - tC T s r - o f dust, namely, free silica and asbestos*, are definitely known"to produce disabling fibrosis of the lung* -Bvwn la the esse of these dusts the problems resulting therefrom are quite different since the fibrosis resulting from silica is of a much ore iserlous character -than that resalting from asbestos in that the-former predisposes to tuberculosis and Is anch more likely to hare a fatal termination -On the other- band (and -this Illustrates one of the most serious aspects of the problem- that is* common to all dust producing industries) the fact that no other dust is known to produce disability has not presented entirely groundless claims aggregating -millions and eren hundreds of e m of dollars being brought against industries which hare no silica or asbestos dust hazard Tor example, Dr Lanza pointed out that no one had ewer maintained, that gypsum dust was harmful and pet, nevertheless, -the gypsum industry had suits pending against it cowering clalms-fa excess of four mm* dollars. 7 : -. ' It appeared 'that among the problems industrles-'were the folloeiagr.. to n . * -. (1) The menace, of wfani ****+ lawyers In combination -with -unse-rupuloas doctors. - The - -'. - uncertainties rn w e n d ^ g diagnosis of any - ,,_ . of' the warioua forms of pneamoaocosioals are .' ' '-.-^-ao many that a.question of fact is presented '.-in- every-ease. ...Expert testimony can be pro '. dneed-by both plaintiff and defendant and it . .. is-fbr the jury to decide whose experts are 0052.19 - 3- ` ' ' .* -correct la their Interpretations. In -- fc-fng . this decision, the jury la not likely to fawcr .the opinion of the experts produced by the employer. 7 -1 . . . - . *(2 ) The desirability or rarloos dost . , .. . diseases cospeasable under properly drawn ' awrkmen** compensation laws. .One of the - . speakers stated that "the strongest bulwark ; - against fatare disaster forindastry is tbe . : ;>:: \\ enactment o f properly drawn ocenpatlonal .. -7 .7 .. . .' disease legislation* Such legislation would ';" : ; - *" (a) eliainata the jury and-eopower a Medical . .'Board to pass upon the existence o f the ' disease -and.the extent of the disability; ' \ :- . (b) ellnlaate the shyster lawyer and the . -7 > qpack doctor since lees would be strictly . . - United by the law; and (c) permit the correct- - . -... 'lng o f 4rrt4m.i Mistakes In the waking a f . # _.vV* . 7 awards by prorldlng for bearings to reduce '* 'r ' or ellnlnate awards If proof could be adduced - - / that the elalsant was not disabled or that . - - " ~ -the extent*of bis disability had been ower-- - ' . ' ''- estinatad.- -- ; .. ' -I >.; /::fT--*-7~ ! *- - C3) Problems-of/ventilation, east collecting and . -' _ - ellelaatloa, and respiratory dewices. '. ' (X ) The establishing of-standards (a) for dost . . j.. *counting end pertlele size deterelnatlon, - <b) fer the taking of X-rays for diagnostic 71- - - ' use, end (e) for tha Interpretation of toe . ;__.' /;7~V/askings ..on toe films ;so produced. --^ ; .. ^ `t ` * .`.'At the d o s e of the discussion a Mr. Sort*, Tice- President of iserican Befkactories Corporation, made a action that It . U l i a a P. last, Chatraaa o f the seating appoint a nx?elnatlxg conalttee who would nominate a group -of ladlTiduals to serre as a cceedttee for tha ftoraalatloa of ways -and r w a to brink about effectiwm cooperation of sons character between toe -various industries far meeting end combating those phases of the dost problem ^twK'n to all. This notion was carried end a C o m t t e e appointed which retired and upon retortdLx* presented to-the meeting-the names of sewen lndlrldsals to act as tPi^t Commlttee- -Bo other nsaes hewing been placed In toe following were elected to act as the Carnalttae aad report back to the warlous lndnstrles and groups represented at tow -- rti-nr or to whoet the isrltatiosi had been originally OO5U20 t .* % _' ' if-.. - i 'Vandiver Brown representing Asbestos, Coxfc and Ion-Metallic Cr* 3 3, Saklatwslla representing Chemical. Abrasives, lllors ' and lon-rerroas aetals - 2. 0 Jones representing ^sundries - . . -. .'A. W. Sherwood representing Class Seal Cround s*rf and Class Manufacture A. -J* Centholts representing Iron, Steel, aid Ores * * ` -/ . - .i ..... : . . *' V>- - ^Vr-in-*.?.~i,--: .'. ' m J. 3. Cnrtls representing LIj m .Llnestaae^ XeiBKnt and ' -'lyy;. . . K . .. ' ...Roger/A. Eltehlns representing HeCractartL-es^Ceritglcs and 'claps ' 'Jr;-' * *'I. explained ta'.'the other abara of the Cdsalttee. " that had been aent to niiy j^ n r? sad had no authority loa-Jolms-ZanrULle Corporation to accept - aeabershlp on the Coas&ttae and certainly -none roa the Asbestos Indastry a s . a--etisie. - I was urged, b w m r , to-aeet with the .Coamlttee end agreed to do to on the condition that I eight withdrew If-approval of ay serving la that cepedty should oot be_fartheoadng. I pointed oat that share-of the Asbestos Turinstory did nt care to be associsted In the Hi** of the pnhllc or of employees with those Industries whose problem was silicosis and that for this reason I felt-there sight be-so opposition to having: a.representative of the Asbestos Indastry.workleg with than. 'I dtd.lhdicKte, however, -that X realised o b m f o u s aspects of onr probien ware the ssae and that If cooperation cocld be worked act without an undue amount of publicity,. Jolms-Mauville Corporation end parhaps the Asbestos Industry ha e whole, would la all likelihood be willing to. cooperate. "It was the opinion of the Cooalttee that this condition would sot ^present any ' Insuperable -dimcalty. --y . a-v- . * ; v'- .. .. - -- ' .- ' St a Soger ffitnfa1ns President f American Refractor ies Institute, was aade Qialraan of the CaesKlttee vdiieh held e meeting Tuesday evening after the dose of the flyaposlasu Sr. Eltehlns was designated to a m t with Mr. leldleln of the Mellen. Institute and ask hla to aaJce a proposal la definite and concrete farm es to the user In which the Mellon Institute eight be able-to assist the various Inda atarle for e fee of $25,000. then this proposal has been received and approved by the sobers of the Comslttae, ~it will be sabaltted to the various ladratries with the reeoanendatlcm that lt.be accepted and that the various Industries or- individual corporations agree to stand good for a proportionate amount. of -the fee not in excess of a definite specified 0C5221 ' I fathered that the proposal which weald be nade* > 7 th Hallen Institela wea ld laclad, asord o there, the follo*- lafr .,.;-v.=v -, .. .. coeplllrc of * caaprebanslre blhUo^rwphy '. ;*'.of all books, treatises and publications daal^ *:^.lac vlth any. aspeet o r the dust probleet; aad . the- ewalnatlaa: thereof . . . ;v 0>\ 3ho>flowpnfny,.-.digesting and correlating of 'r~ v data aad taTorsetlaa free. rarious subscribirse v: Industries relatore- to. their particular esperi' .. ._ ' i-- r- . . - V - : - ' * . -- vi-*': . /... C/ Hte drafting o r.approved workxaa* s coapeusatlon . .. .l**fls2atioa eorerlas pnemooocenlosts. - . . . v , . " . (d) The digestirg. of the lews or the warieus states .r /.-' whieh sight affect the operations of Industrie* - preseatint. * dnst-haxerd - .' *'V; * - (a).Ih outlining; of problaes *re^airlag research. . -the. eatablishsant of fixed standard* and. , %; the prerantloa o r duplication of effort and ' ' " " ::* expense alone these l i s a s * . ' . ' ' Sie interesa with which the discasslons were followed- and the eathaslasai which greeted the proposal for unified, effort lead ae to ballare that the necessary sapport will be found-. . " for soee sort of progr* alone the;abare.Uses. -, T12TDI7Sa BBOWr' ' ... Jannery 18,. 1935 * 005222