Document mpJqeEX23GJq6xeM6ozyQdJYO
Health
Policy
Advisory
Center
No. 50 March 1973
HEALTH PAC
BULLETIN
Editorial:
YOUR JOB OR YOUR LIFE
Outside of coal
miners'black lung
disease, more public and scientific atten-
tion has been focused on asbestos - related
diseases than any other occupational
hazard. In 1970 the asbestos industry
rocked when newspapers across the
country carried accounts of workers who
contracted asbestosis, lung cancer and
mesothelioma from spraying asbestos on
buildings under construction. The exposs
resulted in the banning of asbestos spray-
ing in New York, Boston and Chicago. But
the action came too late to prevent thou-
sands of deaths. Among the fatalities was
Albert Hutchinson, president of the 20,000-
member union, the International Associa-
tion of Heat and Frost Insulators and As-
bestos Workers.
|
Asbestos is a substance ubiquitously
used in industry: garment workers make
|
coats from a mixture of wool, nylon and
asbestos; painters mix asbestos with
paint; auto workers spray asbestos on
brake linings; demolition workers shake
free billions of asbestos particles when
they tear down buildings.
While articles on the asbestos " plague "
continue to appear, they rarely go beyond
discussing the medical consequences of
asbestos exposure and the efforts of re-
searchers to discover safe exposure levels.
This case study of the Johns Manville -
Cor-
poration, giant of the asbestos industry,
examines the political and economic con-
flicts underlying the medical problem.
By most criteria, Johns Manville -
(M J -)
is a sophisticated, progressive company.
It can boast that it has historically led the
field in asbestos hazards research. In re-
sponse to widespread alarm over the dan-
gers of asbestos J M - has, after initial re-
sistance, successively lowered its work-
ers'exposure levels. It has already
achieved the 1976 exposure standard of 2
fibers / cc at most locations in its large
plants, while other companies still strive
to reach the present standard of 5 fi-
bers / cc. There's one hitch, however. There
is no assurance that workers will stop
dying from this level of exposure any
more than they stopped dying when pre-
vious levels were lowered. There is no
scientific evidence to suggest that 2
fibers / cc exposure is not hazardous to the
health of workers. Indeed, many experts
believe that the only safe level of ex-
posure is no exposure at all.
Eliminating all exposure is technolog-
ically feasible. But for the moment no
pressure for this is coming from workers,
their unions, or the government. This hesi-
tancy of workers and unions stems from
their realistic assessment of the situation
and not out of ignorance, masochism or
materialism. If they pressed industry with
a demand to end all exposure, J M - claims
it would have one of two options: either
pick up stakes and move to a more tem-
perate labor climate, or automate its exist-
ing plants. In either event, workers are in
what is fast becoming a classic bind-
fighting for their health and safety while
risking their livelihood or jeopardizing
their health and safety while holding down
their jobs.
In a society oriented to the health and
well being -
of all citizens and not toward
profit, no one would face so cruel a
choice. Scientific advances and changing
technology might still cause a reshuffling
of jobs, but re training -
of workers and re-
location of jobs would not be the insur-
mountable problems they are in this socie-
ty. J M - workers know that neither they
nor other workers in single industries have
the muscle to insure such rational alter-
natives. So they stay at J M -, earn a mod-
est living and die a premature and often
gruesome death.
But even if J M - brought the exposure
level down to zero in its plants, other
asbestos workers would be no better off.
For more than 95 percent of the workers
handling the " magic mineral -garment "
workers, auto workers, painters, aero-
space workers, demolition workers, five
million in all - do not work in asbestos
production. Control of asbestos exposure
in other industries is almost nonexistent.
Sadly, most trade unions are too preoc-
cupied with their economic plight to con-
cern themselves with other issues. But
the health of asbestos workers generally,
and the job protection of J M - workers
specifically, can only be won through
broad scale labor unity and militancy. For
now this prospect is utopian. In the mean-
time, local worker militancy, media ex-
poses and the support of health profes-
sionals can force piece meal progress.
Minimally, this can save some lives. Max-
imally, it might suggest the need for a
broader attack against occupational dis-
eases, the most preventable diseases of
all.
CORPORATE CANCER
Johns Manville -
Corporation (M J -) is the
largest producer of asbestos in the world.
The biggest miner of asbestos in North
America, it uses only 25 percent of its
mined fiber in manufacturing its many
and varied products for industrial and
home use. The rest it sells to foreign and
domestic customers () 1. J M's - sales of
asbestos products, about one third -
of its
total sales, are the largest in the world,
about $ 220 million in 1971. Its closest
American competitor, the Raybestos Man-
hattan Company, commands about $ 120
million, but it owns no mines. So it, like
almost every asbestos manufacturer, buys
some fiber from J M -, according to an in-
dustry spokesman
2
In the last three years J M - has stream-
lined its stodgy image as a family owned -
,
one product -
business, to become an in-
creasingly diversified, multinational com-
pany with an ex Rand -
analyst, ex NYU -
Business School professor as its head. J M -
has not only lifted its corporate face, its
plants have changed, too. J M - has instal-
led new dust collection equipment so that
its large plants, which were once as dusty
as any North Carolina textile mill, are
now eerily antiseptic. At J M's - largest
plant in Manville, New Jersey, only a
suggestion of the former era remains-
the colonial style building at the entrance
of the plant that houses the administrative
offices. Formerly called the Asbestos
Hotel, this mansion was built to include
CONTENTS
recreational facilities for the Johns and
the Manvilles, who missed the glamour
2 Asbestos Hazards
of New York City.
Manville was so named in 1929 by its
founding father, Thomas Manville. Moving
from Brooklyn, J M - settled in New Jersey
because " our customers were here and the
ville one of its major production centers.
The use of asbestos has continued to
location was accessible for shipping, " ac-
cording to the plant community relations
manager. Manville homesteaders were
mushroom through the years, and J M's -
business has flourished. The health of
asbestos workers has not.
lured from depressed eastern Pennsyl-
The Medical Problem
vania coal towns by company scouts who
promised them land and decent wages.
Many were unemployed and others were
only too happy to escape the hazardous
work in the mines for what they believed
would be safe and steady work at J M -.
Today Manville cannot quite be called
a company town. There are no company
Serious medical problems resulting from
occupational exposure to asbestos have
been known for over half a century. But
their full impact on the lives and deaths
of asbestos workers was not widely real-
ized until the early 1960's. Then a dramatic
series studies by Dr. Irving Selikoff and
his associates at the Mt. Sinai School of
stores; the newspaper is independently
Medicine, in collaboration with Dr. E.
run. Several plants - GAF, American
Cyanamid and Bakelite are close by.
Yet J M - is still the town's mainstay. It
employs 2,225 of Manville's 13,115 citi-
Cuyler Hammond of the American Cancer
Society, revealed the scope of the trage-
dy.
Asbestos insulation workers in the build-
zens, the Mayor and other local officials
among them. Its payroll accounts for 60
percent of Manville's total income, and it
pays 50 percent of Manville's taxes. Most
of the town's older residents are grateful
for the favors which J M - has rendered
ing trades were found to have a death rate
25 percent greater than other workers of
similar age. Of 632 union members with
20 or more years of exposure to asbestos,
255 died between 1943 and 1962. As Dr.
Selikoff and associates followed the re-
over the years. J M - gave pipe for the
town's sewage system, contributed heav-
ily to the building fund for the new high
school, donated the air pollution detection
equipment atop Borough Hall, repaired at
no cost the town's road maintenance
equipment, and supported the Veterans '
Parade, Pop Warner Little League Team,
and local VFW. Manville shopkeepers say
that " without J M - there'd be no Main
Street. "
maining workers for another eight years,
the picture became even more stark. One
hundred and sixty three -
workers died-
over twice as many as normally expected
(2).
The Selikoff team next turned to asbes-
tos production workers at the Johns - Man-
ville factory in Manville, New Jersey. They
found workers with long term - exposure
to asbestos dying at a rate 50 percent
greater than expected.
Manville, though not a wealthy town,
Throughout the United States, about
has always been economically stable.
40,000 people are asbestos insulation
During the war years the asbestos indus-
workers in the building trades, and 50,000
*
try grew tremendously as new uses for
work in the production of asbestos. But
asbestos were discovered. In this period,
when it is realized that an estimated five
J M - became the asbestos king and Man-
million people work with asbestos - contain-
Published by the Health Policy Advisory Center, 17 Murray Street, New York, N. Y. 10007. Telephone 212 () 267-
8830. The Health - PAC BULLETIN is published 8 times per year; January, February, March, April, May, Sept-
tember, October and November. 3 special reports are issued during the year. Second - class postage paid at
New York, N.Y. Subscriptions, changes of address and other correspondence should be mailed to the above
address. New York staff: A. Sandra Abramson, Constance Bloomfield, Oliver Fein, Marsha Handelman, Nancy
Jervis, David Kotelchuck, Ronda Kotelchuck, Howard Levy and Susan Reverby. San Francisco staff: Elinor Blake,
Thomas Bodenheimer, Judy Carnoy. San Francisco office: 588 Capp Street, San Francisco, California, 94110.
Telephone (415) 282-3896. Associates: Robb Burlage, Morgantown, West Virginia: Desmond Callan, New York
City; Vicki Cooper, Chicago; Barbara Ehrenheich, John Ehrenheich, Long Island: Kenneth Kimmerling, New
York City. 1973.
3
ing products, the full extent of the danger
to American workers becomes apparent.
Even more ominous is the possibility
that the general population may be su-
sceptible to asbestos disease. In cities
throughout the world Montreal -
, Milan,
Belfast, Capetown, New York small -
growths have been found in the lungs of
city dwellers similar to those found in
in her early sixties, who now works in the
aerospace division of the plant, remarked:
" I been workin'there many years. Many
years. My mother worked there 45 years
ago for three months. She got that asbestos
in her lungs. I lost a brother a year ago,
he died at 70 from the asbestos. And now
my husband, he's sick with mesothel-
ioma. "
ASBESTOS
Asbestos is a mineral composed of white waxy fibers, not unlike dental floss
at first glance. Asbestos is found in deposits of serpentine rock. Very little
exists in the US; the largest accessible deposits are located in Canada, USSR.
South Africa, and the Peoples'Republic of China. Of the total world produc-
tion of over four million tons, the US is responsible for only 125,000 tons. US
involvement extends beyond its borders, however. J M - owns the largest asbes-
tos mine in the world, the Jeffrey Mine, in Asbestos, Quebec (11).
Known since the first century as the magic mineral, asbestos fibers have
astonishing properties. They are virtually indestructible, being resistant to
both temperature variations and most chemicals. Asbestos doesn't burn, decay,
or corrode. Yet asbestos fibers, though quite strong, are so soft and flexible
that they are carded, spun and woven like cotton. In fact, asbestos is
the only mineral that can be woven into cloth. The Manville plant, for ex-
ample, weaves various types of cloth mixtures for industrial and home use.
It also made insulation for rockets for the Apollo space program, roof shingles,
siding, transite sewage pipes, packings; gaskets, and engine blankets. But
those are only a fraction of the estimated 3,000 industrial uses for asbestos.
Asbestos is used in transportation (for clutch facings, brake linings, mufflers),
building construction (insulation board, electrical wire casing, ceiling tile);
home furnishings and products (draperies, rugs, floor tiles, oven linings, ironing
board covers, potholders (12).
asbestos workers. Scientists speculate that
they are caused by breathing polluted air
containing asbestos fibers.
Four different disabling or fatal diseases
are known to result from inhalation of
asbestos fibers: asbestosis, lung cancer,
mesothelioma and gastrointestinal cancer
(see box, Page 5). Asbestosis, with its
symptoms of coughing and shortness of
breath, makes its appearance ten or more
years after first exposure to the fibers. The
other diseases, however, may not appear
until 20 or 30 years after first exposure,
thus making it difficult to correlate them
with job experience. But with shorter or
longer incubation, the effects on communi-
ties like Manville are enormous.
Dr. Maxwell Borow, a local chest sur-
geon, estimate that there are now 2,000-
3,000 asbestosis victims in the Manville
area alone. Not only individuals are
affected, but entire families. A typical
Manville family has two generations
working in the asbestos plant. A woman
4
Local residents remember the old days
when asbestos dust from the factory set-
tled on the town like year round -
snowfall.
People regularly dusted off their cars and
front porches, and housewives who left
clothes out to dry often brought them in
covered with asbestos dust. " Oh, yes. The
kids used to call it snowing. It was all over
everything. No use dusting, you'd just
have to dust it off the next day, " one old-
time resident recalled.
The full extent of the tragedy will prob-
ably never be known. Mesothelioma, for
example, was so rarely mentioned in the
medical literature that until recently doc-
tors often misdiagnosed it. And asbestosis
was often diagnosed as tuberculosis or
called by its generic name, pulmonary
fibrosis. Most of the people who worked
with asbestos at J M -, as well as in ship-
yards and many other industries, prob-
ably never thought to connect the disease,
which appeared twenty to thirty years
later, with the dust they had breathed in
so long before. Nevertheless, while work-
ers have been kept ignorant of their fate,
the corporation was hard at work, for its
own benefit, unraveling the mystery.
Industry Response
Industry's first response to asbestos
hazard came in 1929, when John Manville -
established the Saranac Research Labora-
tory, more than 20 years after the first re-
ports of asbestos disease appeared in the
medical literature. Unfortunately, the
quality of the research was poor (3).
Similarly while evidence of asbestos - re-
lated lung cancer was reported in 1935,
research did not begin in the 1950's.
Nevertheless, for all of its tardiness and
scientific mediocrity, Johns Manville -
was
the only company in the industry to carry
out medical research on asbestos - related
diseases. Other corporations ignored the
problem altogether.
In the 1930's J M - became the first com-
pany to monitor and regulate dust levels
in its plants. In 1937, a year before the
United States Public Health Service made
its first recommendation on limiting asbes-
tos exposure, J M - hired its first industrial
hygienist. As steadily lower recommenda-
tions were made by government agencies,
this industrial hygiene program grew. By
1969 J M - employed 25 industrial hygien-
ists, eleven more than the total number
TOPIC OF CANCER
MESOTHELIOMA - A cancer of the
lining of the lung or abdominal cav-
ities (also called pleural or peritone-
al mesothelioma, respectively). Gal-
lons of fluid collect in the diseased
body cavity and must be drained re-
gularly, while the victim steadily
loses appetite and weight. The dise-
ase was a medical rarity before the
1960's, causing perhaps one of every
10,000 deaths in the general popula-
tion. Mesothelioma has a lag time
of some 30 years between exposure
and incidence of the disease, and
increased asbestos use in the 1920's
and 1930's has resulted in many re-
cent cases. For example, eight per-
cent of all Manville asbestos workers
now die of mesothelioma. Today
mesothelioma is widely recognized
as a signature of asbestos exposure
-it results only from asbestos ex-
posure.
LUNG CANCER - The association
with asbestos was first reported in `
1935 by Lynch and Smith, who found
evidence of lung cancer in a South
Carolina asbestosis victim. Similar
reports continued for many years,
until several full scale -
epidemiolog-
ical studies confirming these results
were published by the British govern-
ment between 1947 and 1955. In the
Manville plant between 1959 and
1971, 27 workers died of lung cancer,
more than three times the number of
deaths expected in a comparable
population.
GASTROINTESTINAL CANCER - In
1972 Dr. Selikoff and co workers -
re-
ported an increased incidence of
cancer of the stomach, colon and rec-
tum abong asbestos workers, drawn
from recent studies on asbestos insul-
ation workers. Among Manville
workers, 13 died when 5.0 deaths
would otherwise be expected.
ASBESTOSIS - A crippling, often-
fatal lung disease similar to coal-
miners'black lung disease marked by
coughing, shortness of breath, and
scarring of lung tissue as seen in
X rays -. Asbestosis was first reported
in the medical literature in 1907 by an
English doctor. Individual cases con-
tinued to be reported in the US and
Great Britain for the next two de-
cades. Contrary to statements by
many present day commentators, the
dangers of asbestos work have been
widely known. By 1918 US and
Canadian companies refused to sell
life insurance to asbestos workers be-
cause of the health hazards of their
trade. Over the years, the US govern-
ment has recommended a series of
asbestos exposure levels, each one
lower than the previous one, hoping
to eliminate its hazards. Never-
theless 12 percent of the deaths of
Manville workers between 1959 and
1971 resulted from asbestosis (see
accompanying table), despite J M's -
adherence to the government recom-
mendations.
5
employed for all purposes by the federal
government.
While J M's - medical research and en-
vironmental control programs seem pro-
gressive, at least relative to other com-
panies, its relationship to the worker-
victims of asbestos disease is quite an-
other story.
Until 1971 the company's company's medical
staff denied workers access to their med-
ical records. According to one older work-
er, " the doctor never showed me my
the source of exposure.
Moreover, company doctors in their
cursory examinations of workers missed
the most blatant diseases. Just last year
Kiewleski's law son - in -, 49 year - - old Daniel
Maciborski, was diagnosed with mesothe-
lioma a few weeks after he had been
given a flclean bill of health by the com-
pany. He died seven months later.
The company also tried to attribute oc-
cupational diseases to other causes. In
describing the detection of asbestos on X-
Health PAC: When did you find out your husband was sick?
with (asbestos)
J M - worker: 2 years ago. He stopped workin'at the plant two
years ago. But he was sick before that. He coughed
so. Kept us up all night. He coughed so, it was
worse than whooping cough. I thought he'd have a
stroke.... Then he had pneumonia every five years.
... And the doctors never told us what it was. They
said " fibrosis " I went home and looked it up a
medical book fibrosis -
, why it's just another name
for asbestosis.... You know, them scientists, they
blame the mesothelioma on smoking. They say
that people that smoke get the cancer. I don't
agree. My husband got it, and he don't smoke. "
X rays -. In fact nobody was shown their
X rays -. " It wasn't until after the union
demanded access to the X rays - during its
1970 contract negotiations that J M - finally
agreed to let the workers see them. see
Page 8).
Further, J M - refused to tell workers the
results of physical examinations. Com-
pany spokesmen admit that until a few
years ago the company did not tell work-
ers that their respiratory problems were
linked to asbestos, Joseph Kiewleski, an
asbestosis victim, indicated that after a
company physical, he was transferred
without any explanation from a machinist's
to a janitor's job. He found out from his
own doctor years later that the reason for
the job change was to remove him from
6
rays, the corporate medical director of
J M -, Dr. Thomas Davison, asserted in a
local newspaper interview: " Asbestos is
not the only thing that causes scarring (of
the lung); in fact, it is probably one of the
least frequent things that causes scarring
of the lung in our population " (4). The
company tried for years to strengthen its
case by " calling asbestosis something
else, " according to Dr. Maxwell Borow,
the local doctor who has diagnosed about
300 cases of asbestosis and about 70 cases
of mesothelioma in the Manville area in
the last 10 years. " They claimed that
workers had pneumoconiosis from min-
ing coal in Pennsylvania. " But ironically
enough, after World War II the Manville
plant had an influx of young veterans who
had never mined coal because they were
wary of the black lung disease that had
destroyed their fathers'lungs.
Not only were the workers misinformed
about their health, they were never told
about the company's extensive medical
research program on asbestos hazards.
As recently as ten years ago many Man-
ville families did not know for certain that
asbestos dust caused disease, though the
company had done research since 1929.
Leaders of Local 800 of the United Paper-
makers and Paperworkers (UPP), which
represents 80 percent of J M - workers in
the Manville plant (the rest are adminis-
trative staff), started to suspect in the
1950's that workers were dying from as-
bestos. UPP, like many other unions, was
in a bind. If it raised a ruckus, J M - might
close the plant down, or almost as bad,
automate it. In either case, workers would
lose their jobs and the union its mem-
bership. Some unions accept this deve-
lopment by trading jobs for a package of
high wages, health and welfare benefits,
and early retirement plans. But in general,
because of high unemployment and the
lack of re training -
programs for displaced
and disabled workers, the threat of job
loss paralyzes the unions. Hence they do
not press demands for safer and healthier
work conditions.
In the case of UPP, structural problems
weakened the Union even further. Its
first problem was its miniscule size-
150,000 members nationally (5). Small as
it was, Local 800 was the largest UPP
local dealing with J M -. Four other locals
having contracts with J M - number only
100-150 members each. Moreover, UPP is
only one of 26 different international
unions with whom J M - bargains, making
dim the prospect of industry - wide union
efforts on health and safety conditions.
Finally, the Union does not have a history
of militancy. The cultural ties of the coal
miners, created over a hundred years of
shared adversity, are absent here. Many
" timers old -"
have at least 25 years'sen-
iority and fear job loss. So they have not
pressed the union about working condi-
tions. Indeed, there have only been two
strikes in the history of the local. These
workers know that they are fundamental-
ly dependent on J M - for their survival. If
the company automated or moved away,
they would be too old or too sick to be
hired by other companies in the area.
So, although the Union's leadership
knew of the health hazards in the 1950's,
it felt it lacked support for any decisive
action. Marshall Smith, president of the
Local from 1961 to 1969, explained the
Union's lethargic stance: " In the'50s,
unions fought for more money and fewer
working hours - the primary goals of
labor at that time. We were aware of
asbestosis then; I couldn't help but notice
it. I saw people die from it. However, the
time [for action] wasn't ripe in the'50s. "
In 1953 UPP, along with J M's - other
unions, formed the Inter Union -
Council to
coordinate contract negotiations. It was
not until 1967, however, that the Council
seriously addressed itself to the medical
hazards or asbestos. Local surgeon, Dr.
Borow, approached it with evidence of a
virtual epidemic of mesothelioma and as-
bestosis in the Manville area. The Council
agreed to finance an educational exhibit,
depicting the medical hazards of asbestos,
to be shown at medical conventions and
to the union membership. (Borow original-
ly requested funding from J M - but was
turned down.)
In 1969 the Inter Union -
Council pro-
posed that J M - and the unions co sponsor -
a Health Hazards Research project for the
asbestos industry. The company turned
them down, saying that it would " retard
the progress made by the company in its
own research efforts. " Instead of pressing
the matter further, or even more import-
antly, agitating among the membership
Thanks
We wish to thank Monika Saladino,
former editor of the Manville News
and Bruce Porter, whose recent art-
icles on asbestos appeared in
Saturday Review, for sharing their
experiences and information with
Health / PAC during the preparation
of this issue.
to form a union sponsored -
research pro-
gram, the Council let the matter drop.
The Great Strike
Interest in health and safety didn't sur-
face again until the UPP contract negotia-
tions in 1970. For the first time in ten years
the union struck, crippling the plant for
almost six months. The major concerns
were bread and butter issues, but a vocal
7
minority of younger workers began to
raise questions about their health. Mar-
shall Smith explained the source of their
concern: " Twenty years ago we had a
different kind of people; they worked to
make a living. Now, the younger people,
within the union, are questioning what
they are doing, and why their work should
be dangerous. The younger people are
children of those workers who have been
with J M - for a long time; they are more
aware of what is happening. They hear
their parents coughing in the middle of
the night and they know that they don't
want to end up like their parents. " '
The strike permitted the airing of ten-
sions between young and older workers
about health and safety issues. For the
Manville community, the strike was im-
pressive because of its duration and the
total involvement of the union member-
ship.
When the strike was settled, the com-
pany agreed to permit workers access to
"
their X rays -. As a " preventive measure, '
J M - also consented to establish a joint
union management - environmental control
committee. Union officials publicly pro-
claim the committee a great victory. They
say that they are pleased by the com-
pany's efforts to reduce the dust level of
asbestos (see " Federal Government, " '
" If I knew how bad it
was I never would have
moved here. I live two blocks
from the plant. "
-J - M worker
Page 9), though union President Joe Mon-
drone admits that " no one knows what a
safe limit [of exposure to asbestos] is. "
Whether this committee can institute
meaningful reforms or is merely a token
gesture remains to be seen.
Working conditions have improved
since the strike. Recently, the Union has
minimized past and present occupational
00
" For those who ask the
question,'Can American in-
dustry afford the occupa-
tional safety and health
standards that the 1970 Act
demands? ', the answer
seems to be provided by J M's -
Manville plant. It is
operating at a profit. "
- Report Series on OSHA
11-27-72
health and safety problems at the plant
to the press, and seems to have re-
adopted a " don't - rock - the - boat " policy.
State vs. Victims
During the late 1960's the Union encour-
aged its membership to seek legal red-
ress for asbestos - related disease. Hence
many victims turned to the state compensa-
tion courts. They quickly found that New
Jersey law limits the period within which
they could file a claim to five years after
the date of last exposure. This left meso-
thelioma victims out of the running, be-
cause mesothelioma usually does not ap-
pear until 30 years after initial exposure.
With compensation a dead end, the vic-
tims'dependents then filed suits against
the company. J M -, to keep things quiet,
usually settled out of court. The average
settlement in the 1960's mid -
was $ 10,000.
Recently, Health / PAC spoke to Mrs.
Marguerite Malko, whose husband, a
liquor salesman, died from mesothelioma
at age 47, having worked for 18 months
as a stock boy at J M - 24 years earlier:
Q: Did your husband file for com-
pensation?
A: It didn't do any good. The statute
of limitations prevented us doing
anything. It's only good for up to
[5] years. After he died I filed a
suit. We started asking $ 250,000
damages. I got $ 10,000. After pay-
ing my lawyer and the court fees,
I ended up with 6,600 $.
Q: During the time you filed the suit,
how did the company treat you?
A: They considered it a nuisance
case. Two other people had cases
at the time, and both received
small compensation. After the set-
tlements there was a lot of publi-
city. 20 to 30 people called my
lawyer with such requests.
In recent years the company has in-
creased the settlement for mesothelioma
victims. It is now willing to pay the de-
ceased's hospital bills, as well as half the
victim's salary for the rest of the widow's
life.
Asbestosis and lung cancer victims have
not fared much better. Many who have
filed for compensation have often found
the courts more receptive to the medical
arguments presented by the company.
" The disease was caused by something
else; " hence M J - is not responsible. Not
surprisingly, the number of settlements
have been few compared to the number of
cases filed. The company admits that
almost 100 percent of the Manville wage
earners have filed claims for asbestosis.
" The disease is not as severe as the
victim claims. " Thus the amount of the
award in settled cases tends to be low.
In 1970, the awards for J M's - asbestosis
victims averaged $ 2,175.
In some sense, these J M - workers were
presentative there pointed out the effect
of that ruling: " Either they have to keep
working until they're practically gone, or
they retire early and starve. "
If the state and local governments have
|
made it cozy for the asbestos industry, the
federal government has also feathered the
bed.
The Federal Government
Until the 1960's when the effects of as-
bestos exposure were first publicized, the
Federal government remained industry's
silent, but informed, partner. In 1965, the
US Public Health Service conducted a
study of the Manville plant with " full co-
operation " between government and in-
dustry. But, when the Union requested the
results of the study, the Public Health
Service refused to release it. Not until
1971, six years later, did the government
first inform the Union of " serious and per-
sistent hazards " at the J M - plant. Mean-
while, Dr. Lewis Cralley, director of the
study and presently an official of the Na-
tional Institute of Occupational Safety and
Health (NIOSH), a Federal agency, con-
tinued to engage in and publish asbestos
research in conjunction with leaders of
the Industrial Hygiene Foundation. IHF is
a group funded entirely by industry, whose
openly acknowledged -
purpose is trouble-
shooting for industry. (See BULLETIN,
September, 1972.)
" Our concern is that in many cases a standard of 2 fibers
cannot be met technically or economically in our plant
operation....
Our best estimate is that aproximately 800
of our employees would have to be laid off, resulting in
a loss to these people and to the community of about
$ 10,000,000.00 in annual payroll. "
- Letter to Rep. Peter Frelinghuysen
from J M -
fortunate. Those who developed asbes-
tosis at the Waukegan, Illinois plant were
not so lucky. Illinois Workmen's Com-
pensation does not permit a worker to
file for disability benefits unless he or she
is 100 percent disabled. A local union re-
The same spirit of government - industry
" cooperation " permeated the 1972 Labor
Department hearings on a new, perma-
nent asbestos standard and a warning
label for asbestos products. A study on
the feasibility of lowering asbestos stand-
9
ards, commissioned by Secretary of Labor
James Hodgson, shamelessly rubber-
stamped industry's position that a lower
asbestos level was not feasible because
it would jeopardize companies'profits. At
the hearings, J M - drew upon research
which it had financed over many years
to buttress its case. This research had
many faults. Most serious was the inclu-
sion of workers who had only been ex-
posed to asbestos for short periods of
time, and who could be expected to show
no signs of disease no matter how high
their exposure. Thus the experiments con-
sistently understimated the incidence of
disease. (For a fuller discussion of the
hearings and the scientific controversies,
see box, Page 12).
In the end, the results of the Labor De
partment hearing were a compromise, but
still an important victory for the asbestos
industry. Industry won completely its fight
to delete any reference to cancer on as-
bestos warning signs (see box, Page 12).
Furthermore, the Secretary of Labor re-
tained the present 5 fiber / cc standard until
1976, at which time it will drop to 2
fiber / cc. The 2 fiber -
limit is an important
step toward limiting workplace exposure
and potentially limiting disease. Never-
theless, the effect of waiting until 1976 is
serious. As Dr. Selikoff aptly put it " By
a stroke of the pen, 50,000 more lives were
thrown down the drain. "
The No Fiber - Limit
While a reduced transition time would
certainly save lives, this controversy
has obscured an even more important
point. There is no evidence that a 2
fiber / cc exposure level is safe; indeed, no
level of asbestos exposure is known to
be safe. The 1972 criteria document on as-
bestos, written by NIOSH, states that
present evidence " is not sufficient to estab-
lish a meaningful standard based upon
firm scientific data. " All that is known is
that a 5 fiber / cc exposure level causes
asbestosis.
The particular choice of a 2 fiber / cc
limit, according to the NIOSH document,
was based on two factors: the precedent
of the British 2 fiber / cc asbestos standard,
and a pro industry -
economic feasilibity
study conducted by the A. D. Little Com-
pany (see box, Page 12). Ironically, the
British are presently re evaluating -
their
standard because the single most import-
ant experiment on which it is based badly
underestimates the incidence of asbestosis
(see box, on Page 12 for criticisms of sim-
ilar US experiments).
NIOSH officials and other government
leaders are fully aware that the 2 fiber / cc
limit is not a safe one. In June 1972 Dr.
Marcus Key, Director of NIOSH, made a
" conservative estimate " before the Select
House Committee on Small Business that
231 deaths per year per 100,000 asbestos.
workers are to be expected using the 2
fiber / cc exposure standard. Tony Mazzoc-
chi, Legislative Director of the Oil, Chem-
ical and Atomic Workers Union (OCAW),
has charged the Nixon Administration
with being " frivolous with the health and
rights of working people. Only an admin-
THE DEATH TOLL
Expected and Observed Deaths Among 689 Workers at the Manville Plant
of Johns Manville -
Corporation, January 1, 1959 December -
31, 1971+
Observed Expected
Deaths Deaths
No.%
No.%
Lung Cancer
27
14%
8.4 *
6% *
occ ceveeeeteees ** *
*
Mesothelioma
0000... ee
15
8%
Cancer of Gastrointestinal Tract
Cancer All Other Sites
0... ce ne
Abestosis
.............. voccecvetvstvevvseeness ceceevteteveees
All Other Causes
13
7%
5.0
4%
17 9% 14.4 11%
**
24 12%
aid
103 52% 106.5 79%
Total Deaths
199 102% 134.3 100%
* US data not available but numbers should be only slightly less than these values.
US ** data not available but these are rare causes of death in the general population.
Adapted from a study by Dr. Irving Selikoff and co workers -
at Mt. Sinai Medical School, New
York.
Because **
of rounding, the percentages do not add to 100.
10
istrative agency harboring that kind of
attitude could propose a standard...
which would foster the continued indus-
trial incidence of asbestos disease. "
J M's - Response
By December, 1972, four years before
the two fiber -
standard goes into effect, 80
Manville plant. But that's not the whole
story. J M - has cut its Manville work force in
recent years, mostly by attrition - that is,
by not replacing many retirees and others
who leave the plant. In the six year -
period
during which J M - was reducing dust
levels, the non salaried -
work force at the
Manville plant dropped almost 45 percent,
Health PAC: Did you file for compensation?
J M - worker: Yeah I went twice. First time I went to the union
lawyer, he wanted to give me $ 250. He wanted to
settle out of court. I was out almost six months, and
he wanted to give me $ 250. I dropped him in court.
My new lawyer saw I had 25% disability, and got
me $ 2,100 out of it, for six months and almost losing
work, that's all I got. "
percent of J M's - Manville monitoring sta-
tions were below 2 fiber / cc. This was the
result of a major company - wide program
to reduce dust levels begun nearly six
years ago. (Earlier in 1972, J M - execu-
tives pleaded with the Federal government
not to lower the standard to 2 fiber / cc be-
cause of the enormous hardships involv-
ed.)
J M - accomplished this reduction by
eliminating many intermediate steps in
the production process, enclosing or bet-
tering ventilation in some areas, and im
proving housekeeping procedures. In the
textile division of the Manville plant, for
example, steps have been eliminated from
carting, spinning and warping, according
to officials conducting a recent plant tour.
Manville executives are elated. " By elim-
inating steps we don't need, we also save
money, " one engineer boasted. And, he
might have added, the company cuts
labor costs and improves productivity.
What happens to those whose jobs are
eliminated? They are " absorbed in other
parts of the plant, " according to Wilbur
Ruff, Community Relations Director at the
from 3,200 to 1,800 employees, according
to Ruff. The working people of Manville
have exchanged jobs for improved health
conditions at the plant.
Because adverse publicity still threatens
the company's prestige and sales, J M - has
also increased company sponsored -
re-
search, especially of prestigious univer-
sities and medical centers in the US and
Canada. Johns Manville -
points with pride
to the research which is sponsored direct-
ly by it or indirectly through its member-
ship in the Asbestos Information Associa-
tion and the Institute of Occupational
and Environmental Health in Montreal.
Research centers include McGill Uni-
versity in Montreal, Tulane University in
Louisiana, St. Luke's Hospital in Celve-
land, the Industrial Health Foundation in
Pittsburgh, University of California at
Berkeley, Fairleigh Dickinson University
in New Jersey, University of Pittsburgh,
the Medical College of South Carolina,
and others abroad. While involving many
new people, this research includes the old
cast of characters, for example: George
Wright at St. Luke's Hospital in Cleveland
11
and Paul Gross, formerly medical direct-
or of the Industrial Health Foundation and
now at the Medical College of South
Carolina. And, with little Federal or union
money available, money from industry
can be expected to dominate asbestos re-
search as it has in the past.
So total is the company's hegemony
over this research that Matthew Swetonic,
Executive Director of the Asbestos Inform-
ation Association, boasted recently " it
would be extremely difficult to find a
credible researcher in the country whose
work in asbestos has not been or is not
SCIENCE FOR SALE
Asbestos was the first hazardous substance for which exposure standards
were set under the federal Occupational Safety and Health Act of 1970. In-
dustry took great interest in the proceedings, and if the outcome is a portent
of the future, it has little to fear from the federal government.
In December, 1970 Secretary of Labor James Hodgson set a temporary stand-
ard of five asbestos fibers per cubic centimeter of air (5 fiber / cc). Hearings on a
permanent standard were held in March, 1972 and at that time the National
Institute of Occupational Safety and Health (NIOSH) recommended that the
level be lowered to 2 fibers / cc. The asbestos industry was up in arms.
Secretary Hodgson commissioned a study by the A.D. Little Company to de-
termine the cost to industry of meeting the proposed standard. A.D. Little pro-
ceded by simply asking officials of 12 asbestos companies and 13 ship build-
ing firms to estimate their costs for achieving the standards in question. It did
not try to evaluate these estimates itself, nor did it ask a single independent
engineer or engineering firm to do so. Not surprisingly, A.D. Little recommended
that the exposure limit remain at 5 fibers / cc.
During the hearings, J M's - chief science adviser, Dr. George Wright of St.
Luke's Hospital in Cleveland, cited five experiments to support the corpora-
tion's contention that 5 fibers / cc is safe. Four of the five were bought and paid
for by the asbestos industry and are scientifically faulty in several respects.
For example, none of the four adequately takes into account the average 20
to 30 year time lag between initial exposure to asbestos and the incidence of
disease. The studies included workers who had been employed for relatively
few years in the industry. Since not enough time has elapsed for them to show
signs of disease, no matter what their exposure, the incidence of disease for
the entire group was consistently understimated.
Furthermore, scientists focus particular attention on those workers who have
low levels of exposure, in order to see which level is safe and which is not.
Thus the presence of spuriously " healthy " workers biases the results just at
those exposure levels most critical in determining what a safe level should be.
Even in the one study not financed by industry, Dr. Wright took a finding
out of context to support industry's contention that a 5 fiber / cc level was safe.
He completely ignored the researchers'own precaution - that their results
were preliminary because of the relatively short exposure times of the workers
(which averaged only 17.4 years).
These criticisms of the financed industry -
experiments are only the most
serious however. There are many others. For example, the statistical analysis
of the McGill University study by Dr. J. C. McDonald was called " deplorable "
by Herbert Seidman, Chief of Statistical Analysis for the American Cancer
Society.
It is understandable, of course, that a Johns Manville -
spokeman would
quote experimental results that support industry's point of view. The problem
is that is economic resources permit the asbestos industry to buy research that
will back up its viewpoint. Hence viability and life are given to scientific ideas
that are outmoded and even discredited.
12
presently being supported, at least in part,
by the asbestos industry. " Swetonic may
be right. But, if past precedent is any in-
dication, neither workers nor consumers
have much to look forward to.
J M's - Economic Future
Fundamentally, occupational health and
safety remain an economic, not a techni-
cal problem. J M's - responses - from its
treatment of victims to its research pro-
grams - reflect the corporate need to save
and make money. J M - claims to have
spent about $ 3.5 million yearly for the
last seven years on technical improve-
ments in its plants. But J M - has not as-
sumed this financial burden itself. It has
pushed some of the cost of technological
improvements off onto its foreign cus-
tomers who have increased their demands
for asbestos in the last few years. J M's -
1971 sales reached an all time - high of
$ 685.1 million - a 10 percent increase over
1970. And profits for that year were $ 53
million (8). So the cost of cleaning up
J M - plants would have amounted to a
mere 6.6 percent of its yearly profit at
most, even had J M - in fact paid the price.
Making a virtue of necessity, J M - has
made health and safety a profit making -
venture. By voluntarily lowering the ex-
posure levels in its plants and anticipat-
ing the government's actions, J M - will pro-
fit in the long run. " M J - is gaining business
from smaller companies who are unable
to manufacture a particular product with-
out going over the exposure level, " ac-
cording to Joe Mondrone. In fact, the out-
lays for dust collection equipment and
DANGEROUS WARNINGS
The warning labels presented by the asbestos industry in Con-
gressional testimony and the regulations ultimately settled upon
by the Department of Labor follow the infamous example of the
collusion between government and the tobacco industry in set-
ting the warning labels for cigarettes and the drug industry in
labelling the hazards of the Pill.
February 23, 1972 recommendation for warning label of the
Department of Labor's own Advisory Committee on Asbestos:
DANGER
CONTAINS ASBESTOS FIBERS.
DO NOT MAKE UNNECESSARY
DUST.
DO NOT BREATHE DUST - MAY
CAUSE ASBESTOSIS
AND CANCER
June 7, 1972 final warning label published by the Department
of Labor in the Federal Register:
CAUTION
CONTAINS ASBESTOS FIBERS.
AVOID CREATING DUST.
BREATHING ASBESTOS DUST MAY
CAUSE SERIOUS BODILY HARM.
13
industrial hygienists, implicit in the re-
quirements of the federal Occupational
Safety and Health Act (See BULLETIN,
September, 1972), suggest that large com-
panies will have a competitive edge-
much as mine safety laws have func-
tioned in the coal industry. And, despite
company claims that none of its competi-
tors has been forced out, a small Pitts-
burgh Corning -
plant in Tyler, Texas,
closed in February, 1972 following a fe-
deral inspection.
Not surprisingly, J M - is selling the ser-
vices of its technical experts to firms in
other industries who want to know how to
meet health and safety problems effec-
tively. And, finally Johns Manville's -
new
line of products in environmental controls
is one of its " hottest growth areas " (9).
And, just in case the asbestos rug is
pulled out from under J M -, President W.
Richard Goodwin hopes to be several
steps ahead. J M - is already substituting
other materials for asbestos and is ac-
quiring fiberglass companies.
All in all, J M - is considered by many in-
vestment brokerage firms to be the " pic-
ture of financial health " (10).
Health vs. Jobs
Good as J M's - prognosis may be, the
PERSONAL TESTIMONY
One of the men in the asbestos
workers'union, who, before he died,
used to walk backwards. I had
never seen this before until I began
to care for asbestos workers.
You may wonder why asbestos
workers walk backwards. They don't
always walk backwards. It is only
going upstairs. They are so short of
breath that after two steps they have
to sit down. It is easier to go up a
flight of stairs backwards than walk-
ing up. It is a terrible way to die. "
Dr. Irving Selikoff testimony -
before Senate
Labor Committee in support of the federal
Occupational Safety & Health Act of 1970
" I read in one of them man's mag-
azines (giggles) about asbestos. You
know it's not safe to work any place
anymore. My girl friend, works in a
flour mill. They got the dust there.
Another friend works sewing, you
know in a garment factory, the dusts
there. But I guess this dust is worse
than the other kinds, I don't know
why.... I never thought it would do
this to my lungs 20 years ago. * * I
don't know if I want to go and find
out if I have it. "
-J - M worker
I worked all over the whole build-
ing. Then it started bothering me
there - the smoke and the fumes.
.. Well, they called me up for tests.
They said I had TB. And they gave
me that patch test. Then they said it
was negative. This was '64. Then I
started to get a cough. You know,
that dry cough. I still have it.
Then I broke out with an allergy.
Dermatitis. My whole body swelled
up. First I went to dispensary. But
they chased me out. They wouldn't
treat me. This was at the company-
then I landed in the hospital.... They
wouldn't pay me disability. They
said I got it in the service, and that
was 1946-48!
LJ.M worker
" Maybe I should retire now. I don't
feel good at all. At night time I can't
sleep even when I'm not working. It
just seems like I'm sore all over. Now
I even got pains in the chest and
down the back and everything. I'm
even off this week, and I get tired.
.. My wife don't sleep with me. I
cough too much at night. I'm 43 and
I feel like 75. "
-J - M worker
14
same cannot be said of its workers. Past
exposure dooms J M - workers for the next
several decades. And, because no safe
exposure level for asbestos has been
found, this loss of life can be expected to
continue even further into the future.
Short of closing down asbestos plants,
the best solution would be automation of
the production process, thereby removing
workers from the exposure. While this ap-
pears technically feasible, in the present
society it would be a disaster. Virtually all
production workers, such as those in Man-
ville, would lose their jobs and would be
left to their own resources to find new
ones. As one worker commented: " I'm
52. I been workin'at J M - 27 years. Who
would hire me? Where else could I go? "
A planned and people oriented -
system
could find alternative jobs for displaced
workers. Then automation could be, in
the fullest sense of the term, life saving -
.
But our society does not have this com-
mitment. Instead, it must discard people
when they are no longer economically
useful as it has done to miners and
aerospace workers to mention only two
examples. Thus workers continue to be
forced into the no win - " choice " between
their jobs and their lives. No wonder then
that they are afraid to push for strong
health and safety measures. Clearly, if
occupational health and safety problems
are to be dealt with in real terms, they
cannot be viewed simply as medical or
technical problems. Rather, they must be
fought out in the larger context of worker
struggles for economic security, human-
ized working conditions, and control over
decision - making both in the plant and in
society generally.
-Marsha Handelman and
David Kotelchuck
References
1. 116.9
71 Annual Report, Johns Manville -
Corporation, p.
2. I. J. Selikoff, E. C. Hammond, and J. Churg, " Mortality
Experience of Asbestos Insulation Workers, 1912-
1971, " presented at the Fourth International Confer
ence on Pneumoconiosis, Bucharest, 1971.
3. This J M - research was described in a 1972 report by
the National Institute for Occupational Safety and
Health (NIOSH) as of no use in setting an asbestos
standard see note 7, p. III - 12.
4.5 .4 .A Tmheer Mgaenrv ijlulset Nlewass,t JAaunguuasryt 4w,i t1h9 7t1h.e
United Pulp and
Sulphite Workers created the United Papermakers In-
t00e0r.
national Union with a total membership of 450, -
6. Robert Sherrill, " Asbestos, The Saver of Lives Has a
Deadly Side ", New York Times Magazine, January
21, 1973, p. 64.
7. " Occupational Exposure to Asbestos, " National In-
stitute for Occupational Safety and Health (NIOSH),
US Dept. of HEW, 1972, 72-10267 HSM -
, p.V - 10.
8. 1971 Annual Report, Johns Manville -
Corporation p.
1.
9. Wall Street Transcript, May 10, 1971, p. 24,072.
10. Value Line Survey, August 18, 1972, p. 785,
11. Charles Reading, " Asbestos, " Minerals Yearbook
1969, Bureau of Mines, US Dept. of Interior, p. 189.
12. Paul Brodeur, " The Magic Mineral, " The New
Yorker, October, 1968.
News Briefs
Man on the Move
Expressing his desire to help save the
cities by forming a " coalition of concerned
citizens. " George Romney, resigning
as
Secretary of Housing and Urban Develop-
ment, will be nominated for a seat on the
board of the Johns Manville -
Corporation
at its annual meeting on March 28, says
the New York Times.
Shell Shocks
In a major test of health and safety rights
on the job, nearly 4000 Shell Oil Company
workers have been on strike since January
26. 1973. Their chief demands include
regular physical examinations, mainte-
nance of sickness and death records,
worker and union access to these, and
monitoring of toxic chemicals. Similar
clauses have already been won at all
other oil companies by the parent Oil,
Chemical, and Atomic Workers union.
OCAW officials have asked supporters
not to buy Shell products during the strike.
Letters
Just finished reading your Health / PAC
Bulletin, No. 44, and I must admit its one
of the most straight forward pieces of
material I've read regarding Health &
Safety.
In the article " Greasing the Corporate
Wheels " (pg. 10), I do believe you were
talking about our plant, wheeling people
back to work, just to keep from having
lost time injuries.
Keep up the good work and some day we
may have safe working places.
Sincerely your
James Copley Pres.
Local 533, U.A.W.
Box 587
Fostoria, Ohio
15
Letters cont.
I am a steward in Teamsters Local 250,
a soft drink worker local, and editor of
The Voice.
In the past few months a good deal has
happened here in Pittsburgh, though of
course not nearly enough. We've gotten
guards placed on machines, in my own
plant and some others, and safety helmets,
earplugs, and goggles issued. Outside
lighting and new propane hoses were in-
stalled at Pepsi after a threat to file an
OSHA complaint, and we are now work-
ing on forcing Pepsi to reline a bottling
room with sound absorptive tile, as the
decibel level is about 97 and the foreman
tell the operators to " wear the earphones
around your neck if you want, just as long
as you got them with you in case the in-
spectors come ". It's that kind of apathy
that we're got to fight against.
About a month ago at the local Canada
Dry plant, a new man with only ten days
in lost his balance on a soaker and leaned
against a guardless machine to catch his
balance. The belts ground off two of his
fingers in less than a second. The com-
pany replaced the guard, but no others.
Two days later another man got his pants
leg caught in some kind of chain drive
with no guard on. It pulled his skin into
the gears after his pants, and than started
to gnaw up his kneecap. That evening
they replaced that guard too, but no
others. Company apathy is strikingly
rampant.
I've received an o.k. to look into the
costs of a noise meter for our local. If you
know where these devices are made, and
have any infor as to their costs, I would
appreciate it if you could give me the in-
formation.
I hope you Health - PAC people don't
ever quit your work. Most people in labor
rose up from simple labor jobs, and don't
have half the education or the insight into
the company's real objectives (profits, pro-
ductivity, and corner cutting) to actually
know how to approach the problems,
They, unfortunately, think the companies
want to work with us, an unforunate con-
clusion.
Sincerely,
Daniel Kablack
Teamsters Local 250
Pittsburgh, Pa.
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