Document n9Lg8z4LD0opDDbZbr63wL09w

ATI-171 ASBESTCS TEXTILE INSTITUTE General Meeting June 7, 1973 Eey Bridge Marriott, DarlingtonVirgin* In Attendance ; matex cori>ot'<'T:toH W. Maa^kant M. J. Scanlon H. II. Walter G.ARLOCX IMC. S. G. Dixit A. Kuznuh JOBES-VuYMVILLE CORPORATION C. G. Cuerin T. P. Jackson J. P. Power (C.J-tli V!. B. Reitr.e M. C. Streib eicolet industries, me. E. w. Russell J. K. iRiittaker H. K. PORTER COMPAPED, E. C. Rratt u. E. Childers J. W. Echerc". L. E. Moody IllC. RAYBERIOS MAEUT A. f me M. M. Brooks j. W. Trampton, Jr j. W. Eav/kinn R. T. Matthevr Q. Rccwcroft I. U. Weaver UM~ROYAL, IRC. w. 0. Bittir.ger 3. E. Carden L. F. Oieringor E. A. Morris ASBESTOS COMPC'.'.ATIOM LTD. P. E. Leclcrc BELL ASPES70R MINER LTD. V. H. Smith laix asbestos of tueeec ltd. E. A. Farrell R. Lofobvro C. E. Etiefhcn (Ar.arco) njiiufacturas irjLTiPLEs r.a. R. Arnal Olivo caiwaladek, wirv'.r?.s:u\M & tat? E. J. Leff AMERICA" SOCIETY FOR TESTING AMD MATERIALS r. O. Nicodenus AREFSTOS TEXTILE INSTITUTE 0. I*. Tacan, Executive Secretary GUESTS OF T'.IE A. T. I. Asberit S.A. M.nrcho.llo Oattanno Adorno Anbo.rtos Information Association/ North America Matthew Cwctor.ic Industrial Safety Equipment Association Charier. E. "urn/nlt, 7r, M.S. Buro.au of M.irse Mobort A. Clifton Total nttHudnnco during the two-day mooting war '3 peep e, including 1C wemun and 33 men - representing 1C or. rip an.ter. or as to, rations. ATI-171 rago 2 -- ATI General Hocting -- C/7/73 1. The General Meeting of the Asbestos Textile Institute was called to order by President' M. Q. Ccowcroft at 1:00 r.M., dune 7, lh73. 2. President Scowcr.oft welcomed the members and guests in atten dance and introduced four guests? namely, Matthew tl. Gwntonic, Executive Secrutarv, Asbestos Information Association/borth America: Marchello Cattaneo*Adorno, A.sborit F..A.; !lobt:rt A. Clifton, Division of nonmctallic ilineralc, U.C. Dureau of Mines? and Charles r:. Turnu-alt, Jr., Secretary/Treasurer, Industrial Safety Tguipr.ent Association, and member of its Safety '.'caring Apparel Product Group. 3. Following past tradition. President Scot*croft asked each number in attendance to rise and state his name and company affiliation. 4. President Scov,-croft called for the reading of the rinutes of the last stated General Meeting. It war. moved by A. Muzr.uk, seconded by T. P. Jackson, and so carried, to dispense with the reading of s arac. 5. Treasurer Z. A. Morris presented the Deport of Funds of the Institute as of April 30, 1973. C. r. Dti'-fMer. rov'd the report be accepted. The notion was seconded by S. G. Dixit and so voted, unanimously. A copy of the full Deport is attached to these ' Minutes. C In the absence of u, n, Alcorn, the Legal Counsel address given by Eugene J. buff of r.adwnindnr, V'ickershan r, Taft. The full text of his report is attached hereto. Mr. boff discussed two cases -- one concerned with the illegal division of the narkot, and the other noting a connection between anti-trust violations and the private exercise of governmental power. 7. !!. H. Smith, Technical r, Gales ''epruser.tntivc, Hell Asbestos Mines Ltd., delivered the Til-re Producers' Deport (see attached). Mr. Smith stated that crudes and ultra-long spinning fibers continue to be in short supply hut medium and short spinning fibers from Grades 3F to 37. are in fair supply from r.ost producers. -'o shortage in these grades is foreseen for the remainu j. of this year and a channo in the situation is not i; icated, a. thr. nr.ts-"nt tire, for 17741 ` 3 Pursuant to calling for Committro Deports by the resimot ivc Chairmen, President Gcowcroft adviser! that C. G. Guerin had replaced I. Barnett on the ATI Technical Corir.iitt.ee. 7 The following reports of ATI activities at the Committee level l,-rt presented by the. respective Chn: rn'n to r.na general r...r.' ersliip. 7. copy cf r:ac!i deport is attached hvroto, i.e.: Page 3 ATI General ,''.eating P/7/73 ATI-171 ruMiM i irr ^ EXHIBfT /o l! J3&r?T Mr Hygio.no ft Manufacturing - r.. T. Cbirdon, Chairmen; Asbestos A.dvisnry - r. U. Bussell, Chairman; Technical - 3. v;. Ccherd, Chairman; rib.jr P.esunrcn ft Testing - C. Z. KticfV.cn, Chairman; Environmental wealth - L. F. Dicrir.gor, Chairman. 10. It was related by President Scovcroft that recent technological ITrcakthroughs in basic yarn production techniques have influenced the Institute to seek wider representation in its membership. It was reported that ns a result, the ATI Hoard of governors had approved a change in the Constitution and By-Laws of the Institute involving Associate. .Membership roquirener.tr:. Article III, Para graph 2 Ic) of the Constitution has been revised ns follows: "those weavers of asbcr.tos-containino fabrics and tapon, for resale assuch, who do not nnnufac.turn the asbestos-containing yarns used in same, shall ha eligible for Associate Membership in this Institute." 11. President Gcowcroft referred to the new identification cards that had been giver, to each member in attendance, ash.ino that they he returned to the .executive Secretary for use at future, matings. 12. As stated by President Scovrcroft, there soer.3 to ho sc:r: diffi culty with the postal process in that r.ona reservation cards are not arriving at ATI headquarters. In an endeavor to avoid unduo problem at future meetings, it was advised that each ncn1. or who makes a reservation v>ith the Executive Secretary would receive a 'micf acknowledgment within approximately ter days' tine. If sane does not arrive in due course, it would vo well to so advise the Gccrr;tary. 13. The next General Meeting of the Asbestos be held: October 3-r., 197 3 Myclmerc harbor Club, larwichport, 'extiio Institute win kissnchusotr.s Guest .Speaker will bo hr. J. Corbett Mernnald, Opidenioloni:t, McGill University, and Medical Advisor to tV.- bueN>c Asbestos Min ing Association. 1 *.. President Scoucroft advised that every 'ffort is '':.ng nadc to oblige the wishes of the men!^rship-at-Iarg;. by scheduling , ''Mon :va possible, future General bunking- of the Institute so th at they end on Fridays, beginning in IMk, future nee mgs :: ill '-e: r-.l ruary 7-0, 197<i, at the bills Myntt House, Cb.ar.l-. jeon, tout!' Carolina; June G-7, ln7d , at Twin An lacs Marriott, ' 'askieci ton , ~.C.; 'uptenher 215-27, 197.', at "hi: Cloister, Co a Inland, Georgia; rebruary G-7, 1075, at .Holiday Inn-Ind.nprndencr. "all, Philadelphia, Pennsylvania. Tentative future .meting situs include "onto Vtdra Club, Ponte Vudr.a loach, Florida, in ''ceieolie.-i: 1*715 and the Marriott in ]\yj Orleans, T.ouisiann, in February IT?.', 5 T'cforc introducin': ti:c Guest peekrr, President teow-roft r:urret to fi>\; 1 oaklets that 'icr: eistrikutud prior to callin'' the ATI-171 r t irr o EXHIBIT /o Page-. 4 -- ATI General ;lee-.ting -- G/7/73 meeting to order. Just off the press, the; booklets were publish'd by the AIA/LI.A and are entitled : h- stos Information A.ssocra- tion/Morth America, t'hnt Asbestos T.s--Uow An:! '..'here .Tt Is lined, .Asbestos And Health, Questions and Answers -- asbestos And Hnr.lt)'., and Protecting Che Asbestos Uorknr. r.innln copies of the booklets arc available fron the AIA/VA, 22 ."ant 40th street, Hew vc:r):, ".r.' York 1301C [bulk-rater, on request). IS. President Scoweroft introduced the. Guest rpaal;cr: Matthew . Cvotonic, Executive Gocrc-tary, .Asheston Tr.foi-T.iation Association/ North America. Mr. Euetonic (whoso profile is. attached) discussed the A.IA/HA, its formation, its history and the .work it in Gnine on behalf of thu asocstos industry ir. the United states. H- also talked about the impact of OEIIA and EPA regulations to control the amount of asbestos dust in the atr.onphora. He discussed the nu.estion: Why has the Asbestos Industry been singled out by government, the press and various conservative groups? Ho stated that the industry is passing through a crisis period in the u.r.. and that closer tics between trade associations would bn beneficial. Mr. Twetonic advised that ho has .been talking with the press about asbestos and health since 1PG0 and that out of lTO-lTT, reporters, only 2 uerc- over 35. 'He are dealing with a your.n end idealistic group, he said. From, a survey taken of the nwnraners and attitudes toward the use of asbestos, it '.'.ns discovered that asbestos is relatively unknown to the general public. 1'hc situation charger, little between urban and. rural areas. It van interesting to net:: that the survey indicated' that those in the ID-25 ago brae);.-'-. 'nsw little about ashastos but that awareness increased in those inter viewed who './era between 40 and 0 3 years of age. A copy of Mr. Gwctonic's presentation, in its entirety, ir. attached to thuso Minutes. 17. There being no further business to bo brought before the r-ithorship, the meeting was adjourned at approx?nntely 3:3-7 F,"., as per a notion by r. a. Farrell, seconded .'/ r, a. .".orris, and unanimously approver' by the attending numbers. Fer.poctfully nubi->itt-?d, / //'f :./ci -vrisry-' Moris Kagan, <' !b'...eutiv-' r-aar^a. -v MOTE: Enclosed herewith is your copy of ehw Constitution and bvLaws of the Asbestos Textile Institute, rovir.od at of June C, 1^73. Farngrauh ? of th.;.- Hy-Aavs (png . 7) is subject to aoproval by the Internal "'.avenue Service. ATI-171 Cuervos Tn:mt,n ivft. port of * ur.dr as of April -"iC , 1' Balance on Hand January 7, 197.1 -- General Fund Ha serve Fund Petty Cash Tund Total on I!and . Receipts To reserve Fund -- Interest adjustment to 17/11/72 Dues for Tear 1573 To General Fund *-~ Hoo!: Tales 1 Insurance Credits Total Maceipts . . S 1,355.33 1,056.33 in a. m . Cl 1-!,.750.00 115.2? 37.on Disbursur.cn ts Dental of Office Space (S months) 0 Telephone (4 months) :i.J. Employment Tax Nth Otr 137.7) Federal Income Tax Nth Qtr 1072) Federal Unerploynsnt Tax (Tear 1?72) Federal Xncore/FICA Taxes (1st Qtr 1073) ra. Unemployment Tax (1st Qtr 1073) Pa. Income Tax (1st Otr 1073) Secretary's Pet Megan (f months) la iranca for ?<:*.' Office quarters Postage Printing, Office Supplier., ate. revision of Fibre Tr.nt Manual Legal Cervices f Fxncnnes ('5th Otr 1077) Secretary's Travel T::ocr.so (2/72 meatir.a) Petty Cash vouchers 531-iC _ Total Disbursements . . . 270.10 135.07 33.75 70.no 15.13 152.C? 5.25 12.00 533.00 1`'5.01 213.00 25.17 C^7.<lC 175..IP Miscalculation from last Ttatcrent . . calamo: o*i i.'/'in 30, 1P7 3 . . . "undo an of April 10, 1173 General Fund TU: carve Tund Petty Cash Fund 1 1,4 6 7.3 ( 10 # n -1m 1 3 . "5 TOTAL Avail.; T.p rt:;;q.s -softto as of April 30, 1373 -- Total Funds ns listed above Accounts hecnivaMc (Loo); Taler.) Furniture f. rquipp.cnt (nominal value) .71,31' ' . 00 1. nn TOTAL A.ir.rr' OTAL !.-.n 7u r. p e c t f u lTysunr.it t e r] 'ores q. '.can -uvai. isu.r \ *jj' 1 14,4 37.. .1 23,7-3/:.. o :.:n5.2 f 21,232.0 _______ Tjl s .71,116.0 3 21,316.0; 23.7: 5 71,372.: ru;Pi: ?r,CDL'Cirr.' m:pon? ATI-171 EXHIBIT (f *+7^ ) [Presented at ATI General i'ceting, June 7, 1973, at TVy rridge Marriott, Arlington, Virginia] There has been an increasing demand throughout the world in 1373 for a number of fibre grades, notably in 4 Group and 7 Group. After the fall-off in 1972 in 5 and fi Group fibres, this market has begun to recover, although not to th" sane cutout an the previously-mentioned 4 and 7 Groups. Of main interest to members of the A.T.I. are the spinning fibre Group 3 grades. Cruder. and ultra-long spinnings continue to bo in short supply, but the nodinn and short npinninos in the 3T to 32 range are in fair supply fron most producers. *io shortage is foreseen in these grades during 1973, althouoh individual produ cers may be tight in sor.u specific gradinos. The*re are no indications at present that there will ho a narked change during 1974 in spinnings; however, in short fibres, the currant oversupply of CD fibres may hi: closer to balance n.e::t year. One or two new nines ir. Canada are scheduled to cone, into produc tion in 1975, hut there is no likelihood that they will produce any spinning fibres. The same is true cf new sources in Australasia. .'alter h. Smith Technical t, Hales .ipraser.t a t i v o bell A r. hastes `-'.ines, Ltd. ATI-171 'U I'll 7 " I t /-.in hyc-iche r. iikKurr.cTuniiiG CQMi'iTTr.c exhibit AO Asbestos Textile Institute Juno 7, 1973 - - Euy Fridge. Mirriott, Arlington, wirginia The Committee net *ith sixteen members and guests in attendance, roprosuntntivn of ter. companies * an follows s Ame.tcx Corporation IT. H. Unitor, Morristown, Pennsylvania Asbcrit 3.7k. M. Cattnnco (Adorno), Rio do Janeiro, Frazil Ccrtwcluder, Uickernh&n u Taft F. J. Leff, Hew York City Canadian Johns-'Ianville Company Ltd. J. P. Power, Asbestos, Quabac Garlock Inc. . F>. G. Dixit, Palmyra, Hew York Johns-Manvilla Corporation C. G. Guerin, Manvillo, Mow Jersey H. R. p.eitae, Denver, Colorado . Lake Asbestos of Quebec Ltd. E. A. ro.rreil, Mew York City E. L. Lofebvro, 7!lac': Lake, Quebec II. Port's? Company, Inc. E. C. Lratt, Charlotte, Mouth Carolina I.. E. Moody, Charlotte, Uorth Carolina Rayboston-:'.anhnttan, Inc. R. T. Matthew, north Charleston, Couth Carolina I. II. Heaver, tlnnhoin, Pennsylvania Uniroyal, Inc. W. D. r.ittincor, Uinn.shoro, r-outh Carolina E. F.. Carden, Hoyarrsville, '"aorgan L. F. Diwrinyor, Hiddlebury, Connecticut '."he meeting included discussions in tin: following areas: dust (fihur) counts improvements, special chocking, etc.; nr:d recent experience::; witV: OCHA inspections. 'hen taking -.lust counts, on.-: coupanv no" is, re.r.e a method of placing the filter intake valv- near th person1 s month and non- ATI-171 Page 2 - Minutes of the h?.l Air Hygiene f llfn, Connittno - f/7/7 3 and in soma cases will use t'>o units with the second on the enployce's shoulder. Mso, it was pointud out, again, that the height of the person being chockad hns some bearing on the dust count, bust on fiber samples, v>hen checked by different people, shows a difference or a variation of as nueh an 5 to 1 and an average of 'iOt variation, plus or ninus, with r.or variation on higher counts. Spacing of equipment using a larger area and using a second unit to recirculate the air has shown sonc reduction in dust counts. '.Then stripping card3, use hoods placed as low as possible over the area and strip with a brush attached to a vacuum. Pore plants utilise the Aldington system when stripping cards. One plant reported the use of a light spray (C-C-X) on mixes using roughly 2%, while another plant sprays carrier only with a ninturn of water and ban-sot. Soth plants report sena reduction in dust an a result of using the sprays. In a recent olant inspection by 0"KA, one company received several fines for the following item: * 1) Some employees with no respirators; 2) Company had not provided protective clothing in required areas; 3) Citations resulting in two 571h.on fines for . exceeding five (5) iibern in one area and a time-weighted average of over ton (.lhj fibers in another area. * In sere recent canes the or'll Agency hns reduced dust counts by 251 before actually issuing a citation, lone plants are using* rental uniform and lockers both furnished by the rental uniform people. Che uni fonts, two pur employee each wee':, averages about 52,55 weekly. In most cases tins rental uniform is a short-sleeved shirt and pants only, and this has been acceptable. Respectfully subnitted, Huai r, Carden, Chnirran ATI-171 EXHIBIT /O M I N UTn s ASBESTOS ADVISORY COMMITTEE Asbestos Textile Institute June 7, 1973 -- liey Bridge Marriott, Arlington, Virginia III ATTStmiJCE; i C. VI. Russell, Chairman 7. P. Jackson A. r.usnuk :i. J. Scanlan 11. Q. Scowcroft D. 14. Fagan, A71 Executive Secretary E. J. Luff, ATI Legal Counsel The Doard of Governors of the Asbestos Textile Institute took action at its Septnnber 1972 meeting to change the Institute's Constitution and F.y-Lna's. The change normtted weavers of asbestos-containing fabrics and tapes, for iwsalo as such, who do not manufacture the asbestos yarns used in sane, to be eligible for Associate Membership. In light of this action, tho Asbestos Advisory Ccnr.ittno v>ns requested to determine a nethod of extending nan'.orship. After considering several nltnrnntivnn, the Committee ac cepted tho offer of II. J-co'.'croft to prepare a news release for insertion in tho July 1973 issue of I'hrSTCS magazine. Tho release fill state the Py-hnv change and will publicly extend nonherr.hip to those qualified and interested. T, P. Jackson of Johr.s-rinnvill.: Corporation will serve as ilor.borship Chaiman. P.espoctfully submitted, K. V. RussoII Chairman ATI-171 MINUTE 5 Finer. pespapci? o testing coruirrrnr EXHiBIT " J'Q........ /JH- 7S Ar.bostos Cnxrtilr! Institute June 7, 1973 -- F.cy Prideo Harriott, Arlington, ''irginia I',) ATTENDANCE x C. G trail/, John3-Manvill Corporation '!. H. Dnith, Doll Asbestos .`linos Ltd. t). E. Childnrn, !i. E. Porter Company- Ir.c. C. E. C.tiefhun (Chairman), Anoricu. "...lilting fc ledining Co. The renting was totally devoted to discussion1? of the progress of the 3rd Edition of the Chrysotile Asbestos Tost Manual. It vias noted that tha ACrr. (Asbestos Cement Products Association) has become defunct and all references tc that organisation have boon renoved from the now manual. It was decided th.it for future test deletions, a substitute pari would he inserted into the nanu.il, containing the previous test number with an explanation of the reason for deletion. It would be indicated that the test could ho obtained fror. ATI, if required. ,, Sir.cv AC?A is defunct, the ATI has, for the record, aorond to sponsor an original ACIV. tent -- Ctrengfh ir Asbestos Cement Products, r-3. Tost G-?, Tr.H r.ncnutic Eating, has been approved for suonr.orship by the.ATI. * ' Tic Test Manual has neon asncrJ-l.ad ir. rough form, requiring sona editorial changer.. This draft will now *s reviewed hy the ATI Fiber Aasearch f. Tenting Committee. '.rhen Approved, the draft will b*s suhr.itt.id to the printer for a reasonably-accurate com estimate. All original typing, r.hotcher. and photographs will, than bo asser><hlnd for printing, hopefully hy tha end of thin summer. It will ho ho.pful for the membership Co rad-nit copy rm.ouirer-.nts to Doris Fagan, as soon as possible. 'V:*;]>v,.:tfully suhr.ittcd, r . A. rtiof'.-cn, ChaiiT'.an ATI-171 II 'exhumt ~ * -- nrv*JM'J'.r: or cotnr.r.x. Asbestos Vuctilo Institute General Voting June 7, 1573, Arlington, Virginia T.t the February General ('noting in Atlanta, rond-'ll Alcorn pres-.ntet to you rcr-arhs of counsol dealing with illegal divisions of territory anong enrooting sailors. The* cases ho referral to than dealt with explicit, agreements in which the nap war. carvoa. nn .voar the selling companies involved on the principle of "one region one coirpany". The decided eases have held such agreements to be unlawful, with a few 1initod exceptions. 7. recent case hns focused attention on tho division of markets where the agreement cr plan is not clearly spoiled out. In Me).art brothers Cci'oany v. halceln T. Gillianrt, Inc., -J71 T. Id O!)'' (5 th Car. 1573), cert, cinnied, >1 U.f..L.W. 3C.7* (.".ay 23, 1?73) , a distributor of welding equipment was assigned by the uanufactursr "primary responsibility" for distribution in "orthnrn Georgia. '.'he natural co:nr.ercial instincts cf the firr., however, lr.e it to begin soiling in Tennessee, which was not only outside th Northern Georgia territory, but was within an area supplied dirwetlv by the r.ar.ufac- turer. rvantunlly, the distributorship ngrm:r..-.r.t war, cnnco.lled by tha manufacturer, and the distributor sued the no.nuf.acturcr, charging an illegal division of territories. TV. defense onphar.inod .the absence of a 'written contract prohibit ing thn distributor freu selling ir. any oartioular nr'-a, Thera `'.ad bean sucli an agruanc.nt years earlier, but counsel had ror.tadie.c' that problem by drafting raw contracts assigning "areas of urinary responsibility", which did not on their face limit talar elsewhere. The courts nevertheless held the nrrangemn-.t to *.0 iliac,->1, The rifth Circuit Court cf Appeals stated that ".*. oi.l--ut undnro.tai'dino can 1; shewn by the course of conduct of the parties." tv r:-.ioi' damaging evidence was an intrn-officr. asm fro::, the Tensor,see dis trict representative of the manufacturer to the home office which reported the distributor's sales ir. Tennessee and. urged the manu facturer to "counter" by selling directly ir. the distributor's territory, northern Georgia. Tru of the important teachings of this can: j.:; that copUnncc the antitrust lavs - "hr ..<--r the issue is prices, distribution schemes, refusal:; to do;, with certain companies, or ary other sensitive trade regulation natter - is not .achieved by narolv avoiding tha o'vims, s pc-lied out forms of transgression. Oar-' ruvt ;,a taken not to lessen competition indirectly or through ua..:'prc5Std undarctandirgs an well. `i i avi.nn mentioned, violations of the law thro.uqi, nor., devious Monies, which s.e.ws tr. r.i>; appropriate at thin Catherine, >-,o close to thn >.ternatu Miileiiis, I "ould liko. tr r.ou another con*,action 'r-- tw-.en antitrust lew and owlitics. ATI-171 EXHIBIT W /.o Page 2 omarlis of Counsel - 1TE General Tooting - 6/7/7 3 Trade associations as veil as other ccmcrcial or-uos ca- run afoul of the law ly assuming pen/.-*r in their private? activities which pro perly belongs to the government. The early price-fining eaten reflect the vin* that private portion sriould net be permitted to r son Into sc sensitive, a feature of the cconony as prices. Similarly, any joint action which o::cludar. certain companies froi? important connercial benefits is viov;cd by the courts ns the imposition of a punishment - which is a power reserved to the courts. In Fashion Orjoj-naters' Guild, Inc, v. redarnl "ratio Tot mission, 312 U.G. *15} (1041} , for example, a combination of manufacturers cf women's garr.ants and manufacturers of textiles tried to prevent the copying of their fashionable clothes bv sc-called "style pirates". The fashionable clothes group refused to sell their products to manufacturers or retailers of garments who dealt with the competing "style pirates". The Euprome Court rejected the defense that such a practice was justified by the necessity r.f ridding the business of unscrupulous garment designers. The Court said: ". . . the combination is in reality an oxurn-gevmrnrcr.tel agency, which proscribes rules for the regulation and re straint of interstate commerce, and provides extra judicial tribunals for determination and punishment of violations, and thus 'trenches 'upon the power of t'vv national legislature and violates the statute' [i.c., the Eh.-:man Act]." 312 r.f. at 4C5. long an private conpanios retain their cor.-.notitiv.. however, and restrict their joint of forts; to constructive oh joctivco veich reasonably servo that individuality, there is little dar.o-.r of antitrust difficulties. ' * Eugene 1. *.eff, Attorney a tapt ATI-171 n^/ino"rxN,r.\\L health co.'riiTrrx Asbestos Textile Institute Juna 7, 1573 -- Kay Lridge ".arriott, Arlington, Virginia j:o formal meeting of the Connittr.o '-'nr. ho 1C, and tha throe ncnh.'rr. snt in on the discussions of the Air hygiene t'.nnuf act.irinc Corji'-ittfee. .'3 of meeting tine, the follov>ing is the status of various pro- pos id occupational health standards >'.hich are of interest to r.er.b*ir eonpaniao: 1) hoisa -- A Department of Labor Standards Advisory romm.ittut* xs nesting periodically to consider this standard. At its mooting in iionton on hay 21, 1573, the American Confcrjr.es of "ovcrnnont.nl Hygienists (ADDID) roconnanuad. the adoption of a notice of intent to change the hoisa Threshold. Lir.it Values to CD dRA for an S-hour-a-day, tipo-uctchtef'. exposure. At the C*7HA Etardards Advisory Comittsn meeting in h'nshir.yton, D.C., on .'Jay 32, 1373, L'r. V. "... vi.ldyard, Committee Chairman, stated that the level of nxpor.urto noise for employers mill probably remain at 20 dr.*.. 2) Hnat "tress - ACGIE also rocor-jv.indod at its Boston nnctinr the adoptior. of the Heat Stress threshold Limit Values march wore published as s notice of intent in 1272. It .li.'f-rs slightly from those ruconrnor/lod. by "Zor.:: in its criteria package in that porr.issi'tltj ..>or):-rest rnnimons are sp**cifiod. Cho status of the proposed standards is c Ice d-d hy recant criticism that the '"'G'J inch::: is not an .ndo<",uata indicator of heat stress. Proposals tiav '-can n.v1'' that svaat rates and. heart rates arc: more indicative of .Meat stress. decant articles of interest from the Annuals of Occupational i'ygiane, Volume It, 1973, house orejan for t.'r.- r.ritish Occupational hygiene Society, are: 1) Pages 1-5, '.`.yyirno standards for i-Sornc *'rositn *s'.'-:s- tos bust - "7V. suScor.'j-'ittea (on a.sh.r.cv;) ha-, reviewed the information on human exposure to air''orr.i: .'.mos,ir.... dust an ' animal nx.p-jrirr..nt*;. Che rubco:''.'.:.tt. : V.:li m. has insuf ficient hRorlcdcK. o'- th r< latiorshi;, 1 'f.v.n air' -orr.i: ;-.o3ite ch>si: exposure an.1 t''..a risk of a~*>ostosis to permit a.n .accurate' st<atemcnt of tha du'/ror of protection a r forded )y a specified hygiene standard,. ''evarthol^sa, on ths basis of co:.p.arisor.c ;.-ot"r*on tnu .'ffacts of .`a.-osiaa arc! 7hr''snt.il: dust on m.c:i and,^ .animal:;, it is is.oor.i\,incled r.h,a; the standards, or, ,.merits secure. Pi no 1 ;ts stringent than those: for S!hr',so-- til.*' " 7! ray.: 7, vi :u of shostos Unr.t - t'-e >y<-j.on.e dtandnrJ 'or A hr" anti 3.. r-r. 1 nforreatJon of o,,v;,,.r , .,u e.* ' i -v and ATI-171 Page 2 - .Minutes of the A!'I T.r.vironncn t al health <~r>nnittc - Z/l/72 morbidity data, no nev reported adverse corrunt: and initia tion of new studies not available for a mtr-bor of years, the subcommittee on .asbestos stated, "It is therefore recorj'onded that no changes he made at the present tine, hut that the standard bo kept under review." 3) Pages S-17, tiolocioal Affects of Cancer - report of th Advisory Committee on Asbestos Cancers to the hirr-ctor of International Agency for research on Cancer - Report divided into t*o parts, the first a nuestion-nnd-nns'.wr section devoted to the latest thinking on the relation of asbestos exposure and cancer, and tha second to recommendations for future research ir. epidarj.oj.nyy, pathology anet physics and chemistry of asbestos-related cancer. respectfully submitted, I.. Pirrinoer, Chairran ft O ATI-171 t EXHIBIT -J.0______ Ih 7<~ ABOUT THE SPEAKER The names Matthew M. Swetonic and Asbestos Inform mation Association/North America are synonymous. It was Matt who developed the original AIA/NA Prospectus in the Fall of 1970 and who prepared the presentations for both the introductory and the organization meetings. Upon J--M* s decision to move its corporate head quarters to Denver and Matt's electing not to make the move, he was employed as AIA/NA's first full-time Executive Secretary. For the first three months of 1972 he handled two jobs: Manager of Environmental Affairs for J-M and Executive Secretary for AIA/NA. During this time he orga nized the industry effort for the EPA and OSHA hearings and wrote for others or presented himself six major presentations in a period of A 5 days, a record which he states he hopes he "will be never asked to break." Matt is 30 years of age and is married. He is a native New Yorker, was reared in Easton, Penna. , and now resides in Manhattan. He holds a B.A. in Creative Writing and an M.S. in Journalism. Following a tenure as Feature Writer for The Eas ton Express, he joined J-M in July 1965 as Associate Editor of News/Pic, an employee maga zine. He was promoted to Editor in January 1967 and one year later was named Coordinator, Special Projects. This is the job that granted him the expertise to superbly fulfil his duties as Ex cutive Secretary of the AIA/NA as the major respon sibilities included writing J-M asbestos-health position papers, preparing speeches on asbestoshealth for top J-M executives, working with J-M public relations counsel and learning asbestoshealth literature backwards and forwards. ATI-171 why asbestos ? I*|g EXHIBIT hO 1 7^ A Presentation Before the Asbestos Textile Institute Arlington, Virginia - June 7, 1973 y: Hatthew 51. Sudtonie, Executive Secretary Asbestos Infermation Ascociation/llorth America X an sure that many of you have asked yourselves, as 2 have asked myself, why has the asbestos industry seemingly been singled cut as the prime target for so many assaults by government, labor, the press, certain segments of the medical profession, and ty various environmental'and consumer activist groups? T?hy us? Can asbestos really be all that bad? Are the products we produce truly going to kill millions of Americans, as some experts hove predicted? Or is there some sort of nefarious conspiracy afoot to destroy the asbestos industry? The answer to the question of "Why us" is both complex and simple. Complex: because it is a combination of three interrelated but separate factors. Simple because each of the factors is, v/hen considered by itself, quite obvious. The three factors are (1) asbestos can cause disease, (2) a spokes man arose to champion the need for asbestos control, and <3) a cornucopia of new government agencies were set up to control materials and products that can cause disease. Let us lock at each of those factors in turn. First, there is no doubt that the inhalation of substantial amounts of asbestos can lead to increased rates of various types of lung disease, including two forms of cancer. These are facts which can not be denied, even if they do not apply in all circumstances ar.f under all conditions. The medical literature is full of solid evi dence linking asbestos to disease. In ny office, I have on file more than 2,000 medical papers dealing with the health risks of asbestos and hundreds more arc published cvnry year. Secondly, the spreading of concern over the health risks of asbes tos has as its prime spokesman one of the most talented medical publicists of the ago -- Dr. Irving J. Sciikoff cf Mew York's Moc Sinai Hospital, Wet cnlv is Hr. f.olikoff capable of arousing the ire and moral indignation of the most conservative reporter or politician with his graphic descriptions anti predictions of tka ravages of asbestos, but ho has also surrounded himself with a group of similarly talented associates vtho have carried the .Mount Sinai message to the far corners of t.ha nation. I'hilc Dr. Selikoff has, in his real, unquestionably painted a far darker picture than the facts warrant, wo should always remember in bis defense that the insolation wo j-rs he hnr. wr,-n .studying fe- ATI-171 ! CAHlblT /,0 page 2 - !7hy Asbestos?', by M. n. Swetonic, aia/:.'a Presented to the ATI at Arlington, Virgini , - 6/7/73 more than a decade were and still are dying from asbestos related disease at an appalling rate. Such a situation would be sufficient to make a crusader out of the most conservative of scientists. Finally, in the past decade there has been a trcnor.dous growth ir. public"and governmental interest in environmental and occv n-ional health matters. This interest has been translated into a tries of far-reaching laws affecting industry in a manner hitherto unknown in this or'any other country. I believe it is accurate tc say that these new lavs, such as the Occupational Safety and Hcalt Act, the Clean Air Act, the Consumer Product Safety Act, and ether; have forever altered the concent of the free enterprise system as a was known in this country for a hundred and fifty years. Thus, in combination, those three factors created a situation in which a cadre of freshly created federal agencies, with strong statutory authority, were prodded into assigning priority status tc asbestos by Dr. Selikoff and his followers, who achieved these ends through skillful use of the great wealth of negative asbostcs-healt: rinta contained in the medical literature. - In short, the asbestos industry was singled out because it ves vulnerable to attack, because there was someone willing to lend that attack, and because Congress had graciously provided the vehicles for such nr. assault. * The background of industry efforts to deal with the asbestos-hea1th problem as a national issue goes back nearly a decade, to Dr. HeliUof f' s now famous 1964 seminar on asbestos disease at the Nov York Academy of Sciences, labile this seminar did much to prick th = industry's conscience about asbestos and health, the prc.clcm still remained one of limited public and press interest until around 1907, when the media began beating the medical hushes searching for stories that would graphically portray American industry's supposed disregard for the environment and for the health and cafaty of its workmen and the American public. The asbestos-health problem was found to be tailor-made for such stories. As a result, starting with Paul Drodeur's infamous 'lev Yorker article of "arch 19C-S, asbestos has since grown into an item of major press interest. In those years, industry efforts to combat the spate of negative press articles on asbestos were carried on primarily by the .lohr.s Jlnnvi 11c Corporation, vrhich set up a task force of specialists in various fields to do vh.it it could to portray the problem ir. its proper perspective. While some minor successes were achieved, it was found that no or.t company acting independently cnuld adequately or effectively represent an entire industry in dealing with the press and with government officials, As a result, in late 1970, eight companies gathered in How York City to launch the Asbestos Information Association of North America, * ATI-171 Page 3 - Why Asbestos?', by H. U. Swetonic, AI.A/HA Presented to the ATI at Islington, Virgini . ~ 6/7/73 PLAINTIFF'S EXHIBIT t'O \l9*L7<r which was patterned after the British Asbestos Information Commit tee, which had been established some three years earlier. In our original concept, the Association would lir.it its activitie: to providing accurate, unbiased information on asbestos and health to he press, to the public and to interested politicians and othe: government officials. It must be remembered that at this particu lar time, the enormous problems that would later develop vith regard to OSKA and other federal regulatory agencies were as vet cr the distant horizon and basically unrecognized hy the industry. Fortunately -- and properly -- the Association has had the wisdom to alter its original limited concept of its proper functions, and now endeavors to assume whatever activities and responsibilities i: deems necessary to protect the interests of the asbestos manufac turing industry in the United States vis-a-vis asbestos-health. From this rather narrow initial public relations concept, the Association has grovm in tho last two years into an organization with priorities in eight major fields of endeavor. These are: lledieol /Affairs, Legal Affairs, Environmental Control, Customer Relations, Employee Relations, IntBr-ir.cuszry Relations, Publicity and Public Relations, and Government .Affairs. To take these activities one at a time, let us start with medical affairs. It is an obvious fact that if an organization is tc speak authori tatively on a medical natter, it must not only bo steeped in the literature of that particular medical subject, but it nust also keep itself constantly informed of new discoveries nr.d development. This we have accomplished in a number of ways. Per example, by sending representatives to important medical meetings, such, as the IS72 Lyon, Franca, international conference on the biological effects of asbestos, which, vats sponsored hy the ''cria health Organ zatien. - We also meet on an irregular basis with various nodical exports in the field, both from tho United ftntes and abroad, to rnviev and discusr. recent developments and discoveries. Our literature research is eased considerably by receiving the monthly nodical paper distribution of the Institute of Occupations and Environmental Health in Montreal, which is funded hy tho Curbs Asbestos .Mining Association. This year, for the first time, tho AI.A has elected to sponsor modical research of its own. Currently underway is a completely AIA/ilA funded study of chest sounds, which is being conducted by Dr. P.aynond Murphy of the Harvard 5ehonl of Public Health.. Tho purpose of the study is to find a new method of determining m individual's potential susceptibility to asbestos disease. ATI-171 rafjc <5 - Why Asbestos?, by M. M. Swctonic, AIA/NA rrcscnted to the ATI at Arlington, Virginia - I PLAINTIFF'S II EXHIBIT I ----- L^L_____ The Association has also recently decided to contribute to seme vt: exciting research into a possible cure for mesothelioma through electromotive treatment. This study is being conducted at Sower. Hospital in New Jersey. In the legal affairs area, the Association participated m an amicus curiae capacity in the lav/ suit brought by the Industrial Union Department of the AFL/CIO against the Occupational Safety at: Health Administration on the asbestos standards. In our brief to; Association supported OS1IA against the IUD, senevhat of a unique position for an industry to find itself in vis-a-vis a government;: regulatory agency. Oral argument on the case wa3 held April 4 in Washington. While a decision has yet to be handed down by the Ccur of Appeals, we are confident that the case will be decided in our favor. The Association has retained the services of a special technical consultant on environmental control affairs. At the present time, he is working with thw AIA/HA Environmental Control Sub-Committee on the development of a sari.** of five Association compliance manuals on the OSHA standards. Last year, because of the well established unreliability of the membrane filter method as a monitoring tool in the asbestos industry, the A!A undertook the sponsorship of a study at a research laboratory in California to determine the effect of ccrtrt variables on the overall accuracy of the method. The results of the study showed an errer factor cf plus or minus 50 par cent ur.dtr the most favorable of measuring conditions. These results were *;r. to both OSHA nnd to the National Institute for Occupational Safety and Health. A r.umocr of the recommendations contained in the stuty for improving the accuracy of the method have boor, incorporated ir.t a scon-to-bo-released revised IIICSI! operations manual on fiber counting. In the customer relations arcs, the total effect of negative pros; publicity r.d government regulations cr. industry customers is still today rather poorly defined. Seme members of the Association ho- : reported serious problems in this area, rlu others have experienced few or no difficulties thus far. Whore customer problems do exist, they normally foil into one cf five categories. . First, the customer has thoroughly investigat'd his situaf.cn end has found that he can no longer afford to continue using asbestos or asbestos-containing products, either because the cent of control is too high or because he would have to raise the price c: his product to a level that would make it non-eonpotittvc with non-asbestos containing suijstitur.es. Secant, the customer lias not thoroughly investicatod his si tun tier and only th j nks that lie can no longer afford to" continue usme asbestos. ` ATI-171 I! Page S - 17hy Asbestos?1, by M. II. Pwatonic, AIA/UA Presented to the ATI nt Arlington, Virginia - fi/7/73 JtO. 'PS Third, the customer has reed one or more negative articles on asbestos in the public press nnd hns made the, snap decision that "we ought to get that dangerous stuff out of our plant." Often, decisions of this nature are forced on top rnnn.grr.cnt by illinformed medical advisors or safety nnd health directors. Fourth, the customer has neither a control prnblwr nor is he parti cularly afraid of using asbestos in his own plant. However, he is fearful that those of his competitors -hose "finished products do a: contain asbestos will stress the adverse health effects of asbestc: in trying to take business away from him. Customer fears cf this nature arc essentially "gut" reactions and r.rn hence extremely difficult to deal v/ith. Fifth, the easterner has ncr.e of .these problems cr fears but he has been advised by a government official or inspector that he would b: better off if he quit using asbestos or asbestos-containing produc-. in his plant, llhile this problem does not appear to bo widespread, we have learned of a number of situations where it has occurred. Actions of this nature by government officials are totally uncallc: for and should bn dealt with promptly and decisively. The best solution is to obtain complete details on the incident end then t= register a formal complaint with the offending official's immediatt superior cr with the government agency involved. The /Association's first rnection to the overall customer relations problem was to approve funds for a series of. four regional seminar* at which industry customers would be given a numner of basic presen tations on the various aspects of the asbestos-health problem. ?h: seminars were tentatively scheduled for the Spring of *1973. However, the experiences of a number of our member companies shewa: that general "catchall" type seminars of the type o.riojnelly contemplated would not ho effective in dealing with the majority c: customer relations problems. In order to do the job properly, it was found that customer presentations have to be tailored to"the needs and problems of the individual customer. Ac a result, the* Association cancelled its scheduled scries of seminars nnd instead elected to develop a number of packaged slide presentations such topics as "The Fasts About Asbestos cad health," and "Understanding the OGHA Hcynlntinns," which could he used by member companies ns part of a tailored presentation to individual customers. As with customer relations, the Association feels that employee relations is a pr .'bier- best handled by the individual menber companies. Thus far, the AI.Vs sole contribution m this ar*a of industry concern has been tc prepare, t.h.1 draft of an Irplnyu.a fnfc: and Health Guide o- Asbestos-Health. The draft was made avail.ahle to the member companies for their own use .and at least one has produced it in booklet form for distribution to all its employees. ATI-171 PLAINTIFF'S EXHIBIT Pago 6 ~ Why Asbestos?', by H. M. Gwetonic, AIA/J2A I Presented tc the ATI at Islington, Virgini - 6/7/73 I personally believe that thn employee relations aspect of the asbestos-health prnfclcn is one that has been sorely neglected by most companies within the industry, and that it could develop into a major problem area in the near future ar.d that steps should be taken now to deal with it. Ve knew that various organized labor v-'eups are planning a full scale campaign to brine their interpre tation of the asbestos-health prr.blcn to the attention of asbestos industry employees, throughout the nation. If the industry permits this interpretation tc bo.disseminated without rebuttal, the consequences could bo grave indeed. Inter-industry relations arc best defined as keeping the industry informed about important net.* developments on the governmental, medical and press relations fronts that affect asbestos. This is accomplished within the ,\IA by periodic distributions of documents and information to tha norther companies end to others on our mailing list. The value of this activity can be gauged by the fact that our overall mailing list increased frer.i approximately a dozen names ir. 1971 to more than 60 a year later. ilhile we have had to trim the list somewhat .this year for logistical reasons, ue assume from the frequent requests we still receive to be placed or. the list that the material we send out is being rend and is of considerable value to those receiving it. Next to government affairs, our public relations and publicity activities constitute the single largest consumer of time, effort and money vrith in tha Association. Those cf ycu who are familiar with the treatment that asbestos has been receiving in the public press over the years can readily understand why this activity ranks so high on our priority list. * ^r.at you nay not understand are the reasons why cur extensive efforts in dealing with the nation's press have been sc unsuccess ful to date in producing the theoretical "balanced" or "positive" story on asbestos and health. The simple fact is that from the standpoint of today's young activist reporter, industry is the bad guy, and nothing wu dm, say or achieve can ever change"this impression. If wo spend SiPC " mil ion dollars on environmental control, the press either rays wo ouga. to have done it ten years ago or that we should have spent -700 million. If vie sponsor medical research, they say wo are trying to buy favorable results. If vie arc opposed zv ridiculously stringent standards, they say we are in fav-r of letting our employees die. " A television executive in Minneapolis C ascribed this new hrt :.-d of reporter as being "so intent on ilenclia ninr. f.ho establishment that they would blindly destroy the crodibil ity c; the media in the bargam." Another TV executive, this time in Chicago, stated "they ATI-171 I PLAINTIFFS II EXHIBIT Pago 7 - Why Asbestos?, by M. M. Swetonic, AXA/HA r Presented to the ATI at Arlington, Virginia - 6/7/7 3^*....... TMi*T want to make moral and political and social judgments on their assignments and then take sides. JJcvex mind getting the facts straight." As a result of th'is "industry is a monster* philosophy, asbestos will remain a hot news item only so long as the news is bad. The "good" that asbestos does in protecting lives and property is of no concern to the .press. Likewise, industry efforts to protect workmen and the general public from asbestos exposure will always be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producing a "killer" product that is the sole element of news worthiness in the asbestos story. The press relations battle will therefore be won, not when the media starts to print positive or balanced articles about asbestos, but when the press ceases to print anything about asbestos at all. As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media will only cease to carry such stories when the generation of negative news ceases. It is as simple as that. Positive or balanced stories are a chimera, since they are, by definition, not newsworthy. ' Let me give you a very specific example of this last principle ir. action. As most of you already knew, the Association is currently engaged in an extensive campaign to interest the trade press in " articles on the benefits of asbestos and on industry accomplish ments in the environmental control area. The trade press, unlike the national or public media, is much more receptive to articles of this nature and we expect to be seeing a number of positive stories in the trade press in the next few months. In any cr.se, we also from time to time put out press releases on various subjects relating to asbestos-health. A few weeks ago, w: issued n release on the report of the advisory committee on asbestos cancers of the World Health Organisation. In brief, the report concluded that the general public is net in danger from asbestos in the environment. Thus far, we have received nearly two dor.en press clippings from trade publications that carried the story. To the best of our knowledge, not a single newspaper, nowr magazine, r; tin or TV station, or any ether segment of the public media ran the story, with the solitary exception of a Frenchlanguage paper in Toronto. As I said before, if the news is good, the press simply isn't interested. nonetheless, the Association has no intention of abandoning eur efforts vis-a-vis the national medic. Ue will continue to issue appropriate press releases, cooperate with feature writers doi.no stories on asbestos, write letters to the editor when those stories appear, and in short, do all we can tc present the press with a balanced view of the nsbestos-hcalth situation. ATI-171 Page 0 - Why Asbestos?', by fl. Jh C wetonic, Presented to the ATI at Arlington, Virginia Our most recent effort in this regard has been the preparation ar.i orinting of an Asbestos and Health Inf emotion Tile, which '--c have nailed to some 3,000 newspapers, magazines, trade publications, radio and TV stations, science writers, etc,, across the United S tntes. Easicnlly, the file contains copies of five industry position papers on asbestos and asbestos-health, as well as a number of important medical papers and a pair cf photographs illustrating the benefits of asbestos and industry efforts at environmental control. While we don't aspect our information file tc change the whcle attitude of the press toward asbestos, we are hrpinn that the media will make use of it tc accurately report the industry's position when doing stories on the subject. And now, having heard the bad side of the public relations problem, it's time for some good news. . And the good news is that despite all the negative articles on asbestos-health that have appeared in the press over the pest half doze; years, vary few people have been paying attention. Let nc explain. *- In February, the Association undertook a personal interview research survey of the American public to determine its attitude toward asbestos end its awareness of the health issue. The survey was conducted by the Opinion Research Corporation during .".arch mi April. More than 2,000 danogrnphienliy selectee'. Americans were interviewed. * without going into enormous detail , the results show that o.o.ly 22 per cent of the American public ore aware of the health hazards ri asbestos, and chat 80 per cent of these consider it a hazard only to those who are occupationally exposed. A mere three per ccr.t of those interviewed stated that they considered asbestos a health hazard to the general public, nr.d less than one quarter of one per cent considered it the most ('.angerour. material on the list they were given to choose from. Surprisingly, the college age youths of America arc no mere aware of the hazards of asmst-s than their parents and grandparents. These results should ;e reassuring to those industry customers \:hr fear that the general public '.'ill stop buying their products because they contain asbestos. Deforc going on to describe our activities in the government relations area, I think it night be interestinci at this naint to take a very brief look at the manner in which Dr. Sclikoff and his supporters have used his research results to dranatirc and exaggerate the crion-,nos5 rf the asbestos-health problem. I have two charts which point this <>ut rarper u.'n<- T us i vo \ v . ATI-171 page 9 ~ '.-Tiy Asbestos?, by M. ll. r,wetor.ic, AIA/b.*. Presented.to the ATI at Arlington, Virginia - V7/73 The first chart -shown the actual results of Dr. Oclikcff's four mortality studies' cf asbestos workers. The numbers in parentheses beside the figures fer total nunher of %*crisers indicate those who have so far died fron nil causes. The percur.ta^c figures alongside the total nunber of deaths from a-.hestosis, lung cancer and nesctheliona axe based on 'tha total number of deaths frem all causes, not on the number of workers in the study. . W. Tlie most important study of the .group is the sieernd from. the tec, showing the deaths? from asbestos-related disease among all members of the insulation workers union, regardless of length of exposure. You will note that 34 per cent of those workers *ho have died thus far have died frnn ens of the three anbestoR-relatfxl diseases. These, then, are the facts Dr. Gc-likoff works frer.. This is what he knows from his own investigations, T?ev let ur. take a leek at what he has done with those figures ir. order to drnr-atite the problem. Chart number II shows Dr. Celikoff's predictions about asbestosrelated deaths in the United States. Vithout going iatc details. Dr. Cclihoff has arrived at his projections by the r.ir.ple procedure of multiplying tha percentage of deaths free as^estos-rfelatad disease among his insulation workers by tha total number cf er.ploycos in the entire industry. You will also note that he has raised his projected doath estimate to enormous heights over the past year by simply increasing the .'vice figure of employees exposed, "bile still retaining the percentage multiplier of 34 pox cunt being cnpcricnccd by the insulation wo-kern. I night point out that this tactic, .*v->wev or deceptive, has been a.r. enormous success cine.* each raising of th r estimate ass earned Dr. f.elikcff correspondingly creator coverage `y the media, he finer example exists of the total gullibility"0 f the press than the manner in which it allrwcd. its projudices t'N bn manipulated and played upon in thin situation. * Please won't get no wrong, Z hnvv ne douh t that the insulation workers are ir. fact dying nr- r*,'telly or. Dr . b.'iikofif r.ayn t!iey are. The problem is that he bar tr; -slated tkn r mortality experience tr> the rest < the entire. industry, which is com-.lately erroneous. In the fir st niece, the estimated nurthtr of orplrycer, ir. the industry i z too high - five times too high to be precise. Ever, mere impor tent, according to an analysis. b-> the .'.a cost at.ion cf r-ore than a (Itrun nwrtali y studies, including those of Dr. Scli* b.r.ff, eur predict ion ir. that approximate 1y 23,007 past and nrcs::r: cnplovees in the asbestos industry have died or ill eventual!-/ die of a ci>a s ti-s--r o 1 a * od *. H.s i-..su , ..'hvr. i-- . th.aa f-r.'i* t*-. ATI-171 PLAINTIFF'S | EXHIBIT * Page 10 - Why Asbestos? by r.. r.wntnnie, -*IA/!TA Presented. tt: the ATI at Arlington, Virginia - 6/7/73 AO of Dr. Culihcff'r. most recent estimate. In addition, m:r figures show that 20 r.f the 25,000 deaths -- rr C0 -- will occur among those in the insulation trades. While these estimates should he reassuring tc those in the mining and manufacturing areas of the industry, we should not fergot that 5,000 of our worhnsn arc still going to die cf asbestos-related disease an.-l that, all things considered, there is absolutely nothing that we can do to prevent it. "he enlv thing "e car. do is to claan up our plants to assure that those entering the industry in tiie future will net hr.vu the same experience. Within the past year and a half, the nnin thrust cf Association effort has shifted to the government affair* front. The principal agencies in Washington with which we have been dealing are the Occupational Safety and health Administration; th* "nvironnantal Protection Agency; the Food And Drug Administration; the bureau r.f Minus; and, to a lesser degree, the national Institute of Occupational Safety and Wealth, and the national Institutes of Health, both of which are mainly involved in research efforts. In c.dditien, a fev weeks ego wa wf.-a contacted by the rodorr.l Trr.: Commission, which had received a petition frrm the Center for Science in the Public Interest requesting an investigation of consumer uses of ashest**s for the purpose of datcrr.'ining whether certain products ought to I t; labeled as hazardous end whether warnings should lie required on all avlvertiser.er.ts for those pro ducts. On the basis rf a preliminary meeting with an investigate: iron the PTC it would aunt nr that wy have, little tr worry about i; this particular area. * * * The Occupational Safety ar.d Health Administration has ''cur. rf ur.ornrms concern to the, industry over the past 11 months. As ncs: of you already knew, the Association mounded trersndous efforts during the six ncr.th period. leading to tint promulgation of last June's CJJ1A standards or. ar.i>stmo. I think it is a gauge of the cffoctivoness of the total industry involvement in this most crucial matter that of el.-vor. main renuirortints ia the tankards, the industry position was accepted totally 'ey OS*'A on nine of thr eleven, about fifty per cant on a tenth, and totally rejected on only "no. 0SI!, is no*.; planning to redo the stand.ar'l nrckaoe and we arc irk ing closely with tiny, on this nreject. Thr first stop "ill Ha thi formation of a 15 man advisory corsiitt'.:o to rrview the currant tant.arJs and any -iijdstional medical and. technical data that has become available in the year since the standards wore promulgated. or.nr.g in couperstinr with nin>' other ir.-.'V associations we !iavn scliTCted four ind.ividuola as indue try-wide r-.xnmi-nndatirn:; to OITA -or the four so-called. "wi-.ployor" -spots on the a.dvisory committee. ATI-171 Page 11 - 17hy Asbestos?, by n. 7wetenic, .Ml/"'. Presented to the .VTI nt Arlington Virginia - f/7/73 PLAINTIFF'S EXHIBIT /.D In discussing the formation of the advisory ccrmittes with John OTeill ef the onnr. Standards Development 'action, wc wsra as.':cd to add a couple of nemos to the list sc that 05!*J\ would have more of a selection to choose from. This we havn agreed to do. The enrxiitteo will be given up to nine months to complete its deliberations and prepare fer C5HA a revised standard package. This will be followed by public hearings,, approximately n year from now. T?t> do not c::pect tr sue a new standard promulgated before the Fall of 1574. ' It is of course impossible to determine at this tire vhat the new standards will look like, however, I * *culd venture to say that they will certainly net he less strict than the ones we have today, although they will prcrahly he less confusing and leave less rr.cn for employer interpretation. Something -/ill unques tionably be done to improve the current difficulties with the monitoring requirements. The main function cf the national Institute for Occupational Safer; and Health is to conduct research and. to prepare so-called Criteri. Packages, which ara essentially reermandations to OSI'A fer stan dards on various materials, chemicals and nctivitius. Such a package on asbestos was prepare'1, by win?:: at the tine of the 05:;.'. proceedings last year. lllCPr ''ill not br~. preparing a new or roves, criteria package for the upcoming review* of the f.cbostcs standards I do net believe it wculd. hr* unfair tc say that of all tha agen cies in 'Washington dealing with as hast or., Pr. Feliknff has had his greatest influence on thn young idealistic scientists and doctors at ;1ICM!. Consequently, industry influence ir. weakest in this agency. It was 1:10511, -after all, that made the original roconrxrdation for a tun fiber standard in the United States asbestos industry. next tr Or-rA, the environmental Protection Agency has the greatest potential cf any federal agency for adversely affecting the future cf the asbestos industry ir. this country. ?vt only is tha MPA responsible for developing anil enforcing air and. water pollution standards, but the T^xic fuhstar.cns Control Act, now ponding in Congress, will also '.'aeons an MPA function after passage. Fer this reason, I an pleased to ha able to say that the .ashes to industry has an excellent relationship with tk..- r.r.'w dr fir.ar proof of this exists than the fact that there was art a single major industry roconnendatir.n made to the r.?.\ at the public he a r - ingr. on the proposed asbestos enir.sion regulations that was n~ t accepted either in tote or in principle in the final standards which were published ir. early April of this veer. are presently ''rlina with the I'.T rn tha -.!cvisomens of waste watr-.T ef fluent standards f:-r nsha.st.' maim f ac t nr i r.; pi .an t s . I - ATI-171 Pnnc 12 - !7hy Ash*stos?j by M. M. r.wctonic, AIA/FA Presented to thu ATI at Arlington, Virginia - f/1/12 certainly hope that these standards x/ill turn rnit to he as reason able as the air pollution regulations. The proposer1, e-fluent standards are scheduled to be published in the red-eral Register scr.atir.o this Sumer, to he- follower! by public hearings, with the final standards baing promulgated in the Fall, perhaps as early as October. '.-'a are also planning, in the near future, to r.oet in Washington with representatives fron the standards development and enforcement branches of the nrA to discus* with then questions of interpretation and compliance policy with regard to the new air pollution regulations. Pe have already resolved one interpretation question that ir. of special interest to the asbestos tortile industry. Anprcrir.atcly two weeks ago 1 v>as asked by a member company of the Association to find out whether the ZPA was planning to require the manufac turers of asbestos safety clothing to register as potential emission sources under the law. In discussing the situation over the phone with T.?T. compliance officials, 1 argued that the producers of ashontrs safety clothing were net manufacturers as defined, in the regulations but were inste* only fabricators nr an asbestos product, ar.O. as such, should not have,to register as potential emission sources. After cur phono conversation ended, a brief meeting was held among the FPA compliance people. I was then called hack and informed that they agreed x/ith me that the safety clothing producers should r.or bn required: to register. "* "hilo this rather minor problem took, -pprosimstely an hour and a half and two or three phone calls to resolve, it ir. indicative of the type of day-to-day services that the Association provides frr its me:..her companies." Over the past year the Food and I.'rug 'dmini tratirn hss sho-*n an increased interest in as bos tor. as a posr.ib c kazardev.s contaminant in various foods, h?>verancs and drugs, hat in in71 they net up a-, asbestos task force to review the situation and. to propose rogu!;:- trons and guidelines '..'here appropriate. Thus far they have concentrated their ''fferts in two areas -- on the use of nsbnrtrs-cr.ntnriinr.ted. talc in food packaging and in cosmetics, and sc-crnd. ly, on the use of asbestos calclm.- filter pads in the beverage- and drug industries. In our first nneting with the FDA task force last 'Jr vcr'mr on the filter problem, they dono: stratiit: am. admitted to an apoelling ignorance about the limit hat arcs of ask-er. to* . Fince then, they hove gotten one hock, of a lot snartar, du* at 1-ast in part tc rha tremendous amount of data "?id. xr. ff Tmat-.i an Okie1. t'i.-- _* -.cnr. ,-ir jnn ATI-171 PLAINTIFF'S EXHIBIT Page 13 - VThy sbcs ns?, hy 11. i:. Swotcoic, I a/h; frcscnteJ to the AT at Arlington, Virginia 6/7/73 has huen supplying to then. As a ccnscoucnce, the TD,* is today less panicky about asbestos and therefore less likely to propose foolish, unsupportable regulations. dpoknsmcn from the FDA.hove, in fact, defended- the filter industry against environmentalist attacks in the press and elsewhere in recent months. This is, guite obviously, a healthy sign. Our activities in the area of Congressional relations have been quite ninimal to date, although wc are preparing for the upeminn struggle in Congress over workmen's compensation reform, at which tine asbestos is unquestionably going to be racked over the coals by Dr. Celikoff and by representatives of organised labor. Unfortunately, the Association has neither the manpower nor the tine to embark on.a full-scale legislative information program. We have met on occasion with the legislative; and legal assistants to various Senators who have attacked asbestos, however much more needs to be clone in this area and I am afraid individual number companies are going to have to be the prime ball carriers and r.ot the Association. For essentially the sane reason, our government activities at the state and local level have declined to essentially tero over the past year and a half. This has not boon too scncus a deficiency as nost of the authority of the cities and states in asbestos con trol has been usurped hy various Federal regulatory agencies, nonetheless, more individual company activity is required at those levels of government. In conclusion, I think v*e can all be justifiably picas* i with what we have been able to accomplish in th:: past few years an resolving the ccrr.ucopia of interrelated problems that constitute the ' asbestos-health situation. ft fJ Our plants are cleaner and nur vjorknen better protected. The gene ral public has benn shovtn to be in no danger fr*~m asbestos, if it over was. While wo have been regulated extensively, fer the most part the standards that have been developed have net been as had we feared they might be, and in some cases they turned out far he ter than we ever dared hope. In addition, v/hile we arc still t.-.k; cur lumps in the public press, the net effect of all this adverse publicity has been shown to bn surprisingly small. Ue have sweated n lot and mo. have groaned a lot, hut "u are still standing and we are still viable. I sense today within thr, indus try a greater feeling of confidence in the future than at any time in the past few years. r.ut we nust not rest contented. He nust remember that hr. Celikoff has to date br.rn far less sucecssfu! than our industry has m mrlucncinc tha decisions of the various governmental regulatory agencies. This will make him try ATI-171 p- 000i12 /v^n=sr^s /*' JTa'ST/ T~n J an lure that r-ir.y ci you have taxed yourselves. AS 2 have asked myself, why has the asbestos industry seemingly been singled out as the prise target for so r-ary assults by government, labor, the press, rertiit segments of- the medical profession,- and oy various environmental and consumer att;v; groups? Why us? San asbestos really be all that bad? Are the products we produce truly going to k . * . n r.s of Ame: as seme experts have predicted? Cr is tr.era seme sort of r.e fj conspiracy a: io destroy the asbestos industry? rhe answer to the eu -.y us* is both cots lex and simple. Complex because it : s a Interrelated but seoarate factors. S: factors is, whan constJared by itself, r V % thW ree factor; -ire {1 j (2) a spokes.tar. arose to cha.tpisn 1.1.c r.re asause fejth 5C v; -.* disease, ATI-171 -3- 4fid (3) a cornucs?-4 cf *ev gcvernrant ager.c s were set up to ecntrol things that cause disease. Let us 1 k at each ci these factors in turn. first, there is no douht that the inhalation oi substantial AS.su.htJ ei asbestos can lead ts increased rates cf various types ei lung disease, including two rams ci cancer. These are facts which eannct he denied, ever, if they do not apply in a11 circu.tsts.nees ar.d under all conditions. The tedical literature is full ci solid evidence lir.xxng asnostos to disease. In r.y office, 1 have cr. file sere than 2,::; nedical papers dealing wxtn the health risks ci asbestos and hundreds ucre are puhlisr.ed every year. ' Secondly, the spreading ei alarr. ever the health risks of ashestos has as its prxr-e spoke star. t.-.e cf the r.cst cal toted radical publicists ei the age -- Sr. Irving '. s e 1 x k a ; f - Kew Vork' s her..-.: Sinai Hospital. :;ot cr.ly ATI-171 capable ef arses!.-.? she ire and r.srai indignation of the ros: conservative reperter or politician with his graphic descriptor ar.d predictions of the ravages of asbestos, bet he has also surrounded himself with a group of similarly talented publicity eer.seious associates who have carried the Mount Sinai message to the far comers of the natter .s teal, unruestionally painted a far darker picture than the forts warrant, we shoulf always remember in his defense that the insulatirr. workers he vas been studying for mere tnan & decade were and still are I dying 4t. ar. azzAi.ir.r rats. Ls would be enough to cloud-any mar. ` s thanking, anally, or. tr.e test daende there has remr growth in public and governmental interest in envirenmen and cosutat hea.th matters, s interest has been trar.s.atci into a senas o: . J.. - TM ATI-171 -5- in a s6Anr.es hitherto unAr.ewn m this er any otr.er country. I believe it is accurate to say that these new laws, such as the Occupational Safety and Health Act, the Clean Air Act, the Consumer.Protection-Act, and others, have forever altered the concept of the free enterprise system as it was known in this country for a hundred and fifty years. Thus, in esnbinatien these three farters created a situation in which a cadre cf freshly created federal ager.ci with strong statutory authority, were prodded into assigning priority status to asbestos by Sr. Selikoif and has followers, who used and in sene cases misused the great wealth cf r.egatbv asbestos-health data contained in tne radical literature to achieve these ends. . In sheet, the asbestos industry was singled cut because it was vu.nerob.o to ottoo.-:, oaeoesa there was scr.ecr.e wo l,,_r.g, s.-.s. tr..t..., to .sod t!ut , mt',, art because * Congress had graciously provided the v s ;or su. ass. ... .................... ....... iiH PLAINTIFF'S j EXHIBIT * ),0 . 33 _J ATI-171 -6 - Hov/ ouch. cl what Cr. Sclikclr says j;:u: attests true, and the manner in which he has abused the available data in order- to blow up *r. essentially cccupoticr.al ?rcbl< into a national calamity are topics which we shall examine . -l bit later. The background of industry elisrts to deal with t asbestos-health problem as a national issue esas bach near! a decade, to Sr. Selike II'a now lamous 15o< seminar on asbe: disease at the New York Aosdany cl Sciences. While this sen did mush to prick the industry's conscience issue asbestos i health, the problem still rer.air.es er.a e: limited public ar.d pr s interest until around 1Sb", v.-.er. the media be car. beat! the medical bushes searching :cr stories mat would rrashita portray American industry's supposed complete disregard lor the environment and lor the health and salary ol its workmen ar.d tho American public, the ashes cos-health oroblcr. was ATI-171 to be tailer-sada for such s;:::es ar.d 5r. Sel.keff was r.s hesitant; in catering to the sensationalist whins cl the press. As a result, starting with Paul Bredeur's inf a.tcus Nov verkar article el Harsh 1963, asbestos has since ?rcvn into an iten ol sajer press l rest vn those years, industry efforts to const the spate el negative press articles on asbestos were carried an pi: by the Johns-hanvilie Corporation, which set up a task Iz: el specialists in various fields to do vr.at it cou :e preplan in its proper perspective, '.hi!e scr.a r.ir.: successes were achieved, it was round that r.o c.-.e carper." ect indepcr.deotly could adequately cr elioctively represent an er. industry ir. dealing with the press ar.d gcvcrr.r.ent elfici As a result, in late 1570 , eight ccr.pa n:es cathen. New York City to launch the Ashertos Information Association o* North America, which was frankly patterned after the Jntis ATI-171 Xsbesvo* Indccr-aticr. Centistee, which hud ieen estu: ed stse three years earlier. In our original concept, the Association veu; its activities to providing accurate, unbiased into rr.ati c.n cn asbestos and health' to the press, to the public t.-.d to i r.teres politicians and ether gcverruter.t effiicals. It sus t be re.terr&r i that at this particular tare, the enorrcui crsclerr that would later develop with regard to OS HA and other federal reguiatcry agencies were as yet on the distant hcriosn and bas stall y unrecognised by the industry. re .nately -- and prrterly the Association, has had the wssd to alter its original hrats: concept ei its proper dune*, s, and .now endaavers to assure w.-.asever artavitie and ressorsi. ities at deerr necessary to protect t.-.e interest.* cd the asbcstcc nanudaeturing industry i- the Cm red Statas vis-a-vis aides res-health. ATI-171 -i- Frea our rather narrow initial public relations ccr.ro the Association has grown in the last two years into an organisation with priorities in eight sa;cr fields o: endeavor. These are! ' l .Medical Affairs legal Affairs Covsitti.*.: Affairs Invircratental Control ' Publicity and Public Relations Customer Relatier.s Employee Relations, and l r. t e r - ia d u s try Relations In briefly discussing A1A activities each of these fields, Z will leave goverr-r.ent affairs for la it has a low prterity with e Association ecause fa s currently the r-sst important -- hut because it is the rest complicated and requires the cost discussion. ATI-171 T take our activities cr.e at a ti: then ...... medical Affairs. Zt is an obvious fast that if n c; rganiration is to speak authoritatively or. a nedioal matter, i' : must not only he seeped in the literature of that particular : tedical subject, hut it suss also keep itself constantly info :r.ed of new disccve and developments. This we have accomplished in a number of way For example, by sending representatives to i: r.porcir.t medical meetings, such as the lS?i international con ferenee on the bieisgisal effects ef acsestos held at lyo.n m rrtr.se, whim -a sponsored by World Health Srganisitiun. ^Soth John Marsh, the Preside of the A1A, and ; attended that conference cr. banalf ci e Asccciatcan. We also meet on an irregular as is with various r.ed 4 experts in the field, hath frs-t the in ad States end aoroad, to review and discuss recent cuvel ~~".e c end cisuoveriis. i ATI-171 - 11 - Our literature research is eased considerably by receiving the monthly medical paper distribution pi the Institute el Occupational and Savironr>ncal Health in Montreal, which is funded by the Quebec Asbestos Minin? Association. This years for the first time, the AIA has elected to sponsor medical research of its own. Currently underway is a *e completely A2A/HA funded study of chest sounds, which is beinf conducted by Sr. Raymond'Murphy of the Harvard School cf Public Health. The purpose of the study is to find a new netnrd of determinant an individual1s potential susceptibility to asbestos disease. The Association has also recently decided to contribute to seme very exciting research into a possible cure ter mesothelioma througn eicetremotive treatment. This study is being conducted at Somerset Hospital ir. N Jersev. ATI-171 - 12 - Indu5tri.il Union Bepartnent of the AfL/CIO against the . Occupational Safety and Health Administration or. the asbestos standards. In our brief, which was considered by the Justice Bepartnent to fee the best one filed, the Association supported OSKA against the ICD, semewhat of a unique position for an ' industry to find itself in vis-a-vis a governmental regulatory - agency. Oral argument on the case vas held April A in Washington. While a decision has yet to be handed down by the Court of Appeals, we are confident that the case will be decided in cur fever. The Association has retained the services cf C. ' Sheekler, with when many cf you are familiar, as cur special consultant cn environmental control affairs. At the present i tine, Cliff is working with the AIA/NA Environmental Centre! Sud-Ccmicteo on the development cf a series of five Association compliance manuals on the OS HA standards. We expect to .have these manuals available witnm a short period cf time. ATI-171 ""` - ,- ; BT7y* sny-ryac possrc?.: ?A?y uoTSfroossrY ays jo. cs aryay aro; *?auv.rap .<"oc-! -a.'ir: /-apes t""-s *7 ssacossno a.ts sr.pys -= s="-?tr.S?3 sya-yvyaAoS py? /.ssop-yne tsard tAtsaSay ? soar;? -t%c% ays * t?-t f.;~-;r3 rcyossr.o p..a ,,x . `-" = 2 vo trr.vavi sv:t:t:se5 hSCIK psftA&s pagaa^aj-ay -es-yppg t ssv? pasasodsysuT uaaq a?v peysas; ays pe Aptsr.spf . ays iv"/.sidt spp /.pr.ss ays vr paystsuso svoTSt pvassssoas ays ;o yarrf.y `ys^raH pv*a /.sart? "trysts tdr.e?a -ep atr.stssvx "?yyts?K ays es pv* YHSO ysoy es su?g assn tst^s*" asay; *tvststpys3 Bysynsraz so stos ays sapvn seas sod OS sr.yr-j so srrja so scsocp sssso vt pa.-.ovs /.rr.ss ays ja rsxn**a ay;, *poysas ays so Asvsr.sot t'^stAO rys yo s?x"*"-rA -"tssao ;o soa;;a ays avteytasap es ftvsejtt?3 v> /.sssasayf" yssaasas U a s? Aps.ss a ;o dsygsegyocs ays ^eossapun 'iZ'i ays fXrssr.?1 tsssayso ays vs 'sss Bytscstyovs a s* peysa-s sasftp aas<y=a<c ays je st-syaTxasyn payss'yossa TT* ays ?o aanoouq 's* s*" - Cl - ATI-171 Where eustsr.er prssler.3 da exist, they r.trtaliy fall into one of five categories. First, the etstsair has thoroughly investigated has situation and has found that he can no longer afford to eontinui using asbestos er asbestos-containing products, either because the cost of control is toe high or because he would have to raise the price of his product to a level that would r.axe it ncn-ecr.peti ti vg with rxr.-asbestos containing substitutes. Second, the customer has not thoroughly investigated ATI-171 - is - Four, the customer has neither a central problem r.ar is he particularly afraid of using asbestos in his own plant. However, he is fearful that those of his ccnpetiticrs whose finished products do not contain asbestos will stress the adversa health effects of asoestos in trying to take business away frea hia. Custsaer fears of this nature are essentially "set* reactions and hense extremely difficult to deal with. And . . _ rive, the custoner has none of these problems er fears hut he has been advised by a government official c: inspector that he would be better off if he quit using asbestos or asbestoscontaining products in his plant. While this problem does net appear to be widespread, we have learned cf a numoer of situations where it has occurred. Actions of this nature by ec Vermont officials are totally uncalled for and should ha dealt with promptly and decisively. The best solution is tc obtain comolete details on tne incident and then to register a formal corr.n lai - - /Art O'! JLI8IHX3 SddllNIVld ATI-171 zscossno (Tr.;:AT?'.-: ays : r s-s-zzz-i per s:j?:i aye es porr-fts ey es aATy ses-receyasaei iSi'tisr.s eeys pcssp sm s't '/.yzadszd yrC ays op es -s?-3 ; 5'j-;;: sesTerTae sr.a ps /.seerCs-s ays yssn iyptaa? v- p- are ptr.o* paea-jiyaserr ^tT*-"Stro aAs ays ;r srsereas a/.s yy^yretr yezaeaS says penays sr aryadraa ray-- zr.e pr rapray ? pr sasvaTzadxa ays 'zaAanra rTA says ;o 6ear=s ays rep paynpayrs X^aATSTseas aza* szevryas ay; *a-sezd ys"?ay-tsssayst ays p rsradsv ssoezaA ays us sesescseasazd sasay p zaysnv a utAtS ay P"rvA tzayrssr. Arssnpyp yasyn sa szeyrras jrvetSaz rep p saezas a zep span; Aezdd? os ** oafyord surssf^a: zaressr.3 "t'szaAs ays os ustssaaz stzzp s .uorsataossY ays paAtOAUt XsyaSt syasryjaAoS ays ystA so zrezadns asaepa'ryp s.tatstpp 6yepuappo ays ys"?A - 51 - ATI-171 17 As & result. the Associaton cancelled its scheduled series el tetitirs and instead elected te davelcp & number. of packaged slide presentAtisns on such copies as "The Facts About Asbestos and Health,* ar.d *Underseandinf the OSHA Aefulasions" yhioh esuld be used by member J.i companies as part si a tailored presentation to individual .;.i * " fV! * ' customers. These slide presentations are.still in the works, ' I' . but should be available shortly. As with customs; relations, the Association feels that employee relations is a problem best handled by the individual member companies. Thus fir, the A1A's sole contri bution in this area of industry concern has beer, to prepare the draft el an employee Safety and Health Guide on AsbestosHealth. The draft was made available to the member comoanios lor their own use and at least one, Raybestcs-Ma.nhatton, has produced it in booklet form for distribution to all its emtlc-i PLAINTIFF'S EXHIBIT J'O ATI-171 j personally believe that the employee relations aspect c.' the asbestos-health problem is one that has beer, sorely neglected by asst companies within the industry. Z feel sha i this could develop into & major problem area in the near fut e and that steps should be taker, now to deal with it. We know chat Or. Seiikor'f and various organised labor groups are planning a dull scale campaign to bring their interpretation 9 of the asbestos-health problem, so the attention of asbestos industry employees throughout the nation. Zi the industry permits this interpretation to be disseminated unchallenged, the consequences could be grave i.-.deec. \ ATI-171 if Inter-industry relations are best defined as keeping F- the industry informed about important new develcpr.tr.ts or. the ; . . 2t' Sfir" governstntel, radical end press relations fronts that affect asbestos. This is accomplished within the XIA by periodic distributions of document* and information to the ne.tber . g';' cospanies and to others on ocr sailing list The value of this actioity err. be gagued by the i&c, that uz overall smiling list increased iron approxi.tateiy a dozen nanai in 1971 to nor than SO a year later, while we have hud to trim tr.e list somewhat this year fer logistical ATI-171 - 20 - reasons, we assume !:s= the frequent requests we still :ect:v t be pieced en the list thet the material we sent out is bet: read and is of considerable value t these receiving it. - Next to government affairs, our public relations ant i publicity actitities constitute the single largest csr.s-u.ner of time, effort and mer.ey within the Asseciatio.n. Those of yc who are familiar with the treatment that asbestos has been * receiving in the public press ever the years car. readily understand why this activity ranks so high on cur priority lis What you nay r.st understand are the reasons why cur extensive efforts in dealing with the nation's press have beer, so __ unsuccessful to date ir. producing the theoretic 'balanced* or "pssitive* story er. asbestos and health. * <ift ' f,Jircm mm / ' ATI-171 21 - today's young activist reporter, industry is the had guy, and nothing ve do, say or achieve can ever change this impression, 2* w spend $100 million dollars on environmental control, the press either says we ought to have done it ten years ago or that we should have spent 206 million. If we sponsor medical research, they say we are trying to buy favorable . 'results. It we are opposed to ridiculously stringent standards, they say w are in favor of letting our employees die. A television executive in Minneapolis described this establishment that they would blindly destroy the credibility of the media in the barga Another TV executive, this time in Chicago stated "they want to make moral and political and social judgments on their assignments and then take sides Never mind ge ATI-171 22 XS 4 ~SSM It of this "industry is a cons tor* philosophy, asbestcs'vili repair, a hot news item only so lor.? as the news is bad. The "feed* that asbestos does in protecting lives and property is of r.o ccneern to the press, likewise, industry efforts to protect workmen and the general public from asbestos exposure will always be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producing a "killer" product that is the sole element of news worthiness in tho asbestos story. The press relations battle will therefore be wen, net when the media starts to print positive or balanced articles about aseestes, but when the press ceases to print anything about asbestos at all. As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media vsil only cease to carry such stories when the generation f negative news ceases ... ATI-171 - 23 - it is as simple as that. Positive or balanced stories are a chimera, sines they arc, by definition, net newsworthy. ' ' i*t n* five you a very specific example of this last principle in action. As most of you already know, the ' . . .. Association is currently engaged in an extensive campaign to inesrest the trade press in articles on the benefits of ashesTM: and on industry accomplishments in the environmental control area, the trade press, unlike the national or public media, is such more.receptive to articles of this nature and vc expect to be seeing a number of positive stories in the trade press in the next few months. . Za any ease, wa also from time so tins put out press releases on various subjects relating to asbestos-health. A few weeks ago, we issued a release on the report of the advisory eerrsittee on asbestos cancers of the World Health Organisation. in brief, tha report eo.-.cludad that the ce.-.e *1 public is not in dunear frou asbestos in the environment, Thus far, we have PLAINTIFF'S a EXHIBIT * hO ATI-171 24 received nearly two dczen press clippings tre.t trade p^licati; ns that C4^xitV-3 stor/ To the best of our kncv*ed^ej nc e newspaper, news r-agaoir.e, radio or TV station, or any ether sevens of the public iredia ran the story, with the single exception of a Trench language paper in Toronto. As l said before, if the news is good, the press ain't interested. Nonetheless, the Association has no intention of abandoning our efforts vis-a-vis the national nedia. W# vil continue to issue appropriate press releases, cooperate vi feature writers coing stones or. asbestos., wrote scathing letters to the editor when these stories appear, and in she: do all we can to present the press warn, a balanced view cf the asbestos-health situation. Our cost recent effort in this regard has beer, the preparation and printing cf an Asbestos and 1 W f / omatien File, which wc have .tailed to sene 1, cCO - cwspapers, agaai.-.es, PLAINTIFF'S EXHIBIT ATI-171 - 25 - tradi public*cions, radio *nd TV stations, science writers etc. access the Uniced States. 2 have brought a'half-dcten files along with se thee you can cake a look at after the meeting. Basically, cha file contains copies of the five industry position papers which were distributed earlier, as well as a number of important oediral papers and a pair of photographs illustrating the benefits of asbestss and industry efforts at environmental control. You nay be interested to know that the item ehesen to illustrate the benefits of asbestss is a fire-proof asbestos suit. While we don't expect our inforrarien file to change the vheie attitude of the press toward asbestos, we are hoping that the media will make use of it to.accurately report the industry's position when doing stories or. the sub;ect. And now, having heard the bad side of the public relations problem, it's time for the good news. . gZ&Ows ATI-171 - 2fi - Xnd the food new* is ,,,, despite ell the negative 4;:;cltj on asbestos-health that have appeared in the press ves the pest haif-doren years, very few people have been attention.; lee ce explain. In February, the Association ur.dartook a personal interview research survey of the American public to determine its attitude toward asbestos and its awareness cf the healt. issue. The survey was conducted by the Opinion Research Corporation during March and April. Mere than i , CCC densgrashieally selected Americans were interviewed. 1 have her with as sufficient espies for all of you cf a summary of the results. ( ClMMaNT F?.IM SCMMA.Vf ) Before going on to ce riba cur activities in the government relations area, I think it r.ignt be interesti-g at this point to take a very brief loch at the manner in *if ATI-171 which Or. Salikoff and his supporters have used has research results to drajtatioe and exaggerate the seriousness of the asbestos-health problem. i out r'ather conclusively. 1 have two* "slides whicn point this SUSS 1------- RSSSS.CH DJVTh The first slide shews the actual results of Sr, Selix <our mortality studies of asbestos workers. The numbers in parenthesis beside the figures for total number of workers indicate these who have so far deed from all causes. The percentage figures alongside the total number of deaths from asbestosis, lur.g cancer and r.escthelsc.ua are based on the total number of deaths frs.t all causes, net cn the number of workers in tha study. The rose important study of the lot is tha second from the top, snowing the deaths from asbestos-related disease among ai_ neuters of the ir.su.attsn workers umor,, regardless ATI-171 - 21 - of length of exposure, -ou will' nose that 34 per eer.s of those workers who have died thus far have died froa cr.a of the three asbestos-related diseases. These, then, are the facts Dr. Selikeff works froa. This is what he knows frca his own investigations. Now let us take a look at what he has done warn these figures in order to dramatise the problem. $LZ2Z 2 ?rzd:cc:cxs ' * This slide snows Sr. Selikcff's predictions about asbestos-related deaths in the Cr.a ted States. Without going into details, r. Selikcff has arrived at his projections by the simple procedure of multiplying the percentage of deaths from asbestos-related disease among his insulation workers by the tital number of employees ir. the entire industry. ATI-171 *s> . - 21 - YOU will Also nose thas he has raised his projected death estimate so enormous heights over she pass year by siaply increasing she base figure of employees exposed, while still retaining she precensage multiplier of 14 per cent being i .. experienced by the insulation workers. Z might psint out that this tactic, however isprsper and deceptive, has been an enormous success since each raising of the estimate has earned Or. Selikcff -correspondingly grater coverage by the media. No finer example exists of the total gullibility i the press than the ranter in which Sr, Selikoff manipulated and played on their prejudices to gain publicity. Z can readily envision the let cf then up . there at Mount Sinai laughing themselves silly ever the ease vith which they baisbootltd the press with these trumped-up predictions. ' ATI-171 - 39 - Pleas* dcn't get ae wrong, ger.tle.ten. Z have little doubt that the insulation workers are in fact dying as rapidly .as Dr.. Selikeff says they are. the prshlea is he has translate their eortality experience, to the rest of the entire industry, ............................................ 1 ` * which is absolutely ridiculous. In the first place, the estimated number of employees in the industry is too high -- five times too high to be precise. Even Bare important, according to an analysis by the Association of mere than a cozen mortality studies, including these of Dr. Selikeff, eur prediction is that approximately 25,000 past and present employees in the asbestos industry have died or will eventually die of asbestos-related disease. This is less than cne~th.irteer.th el Dr. Selikef:'s r.ost recent estimate. Za addition, our figures show that 29 of the 21 000 deaths ~~~ or 80 per cent -- will occur among these in the insulation trades. ' * ATI-171 31 While these estimates should be reassuring to chose - oi us in the mining and manufacturing areas of the industry, ^*'wl should net forget that 5,000 of our wcrhsen are still going ~'to die of asbestos-related disease and that, all things ^r" considered, there is absolutely nothing that we can do to prevent it. Che only thing we can do is to clean up eur f. * L plants to assure that those entering the industry in the ; future will net have the'same experience. . sires 3 ---- ccvsa.ss;fr acsnciss ' Within the past year and a half, the train thrust of &; * Association effort has shifted to the government affairs front. Che principal agencies in Washington with which vs have been dealing are, of course, the Occupational Safety and Health Administration; the Snviror_-r.er.tal Protection Agency: the Food and Drug Administration; the Bureau of Mines; and, to a lesser dagree, the National Institute of Occupational Safety and Health, ATI-171 - a: - And the National Institutes of Health, both ct which are mainly involved in research effort*. In addition,* a few week* ago we were contacted by the federal Trade Commission, which had received a petition froa the Center for Seienco in the Public Interest requesting an investigation of consumer uses of asbestos for the purpose of determining whether certain products ought to be labeled *m as hazardous and whether warnings should be required'on all ' advertisements for those products. On the basis of my meeting with an investigator from the fTC Z would say that we have little to worry beut in this particular area. SL12S 4 OSHA ' The Occupational Safety and Health Administration has bean of enormous concern to the industry over the past 1* months. Ac most of you already knew, the Association expended tre endaus efforts during the six month period ATI-171 - 33 - leading to tho promulgation of last June's CSJIA star.earcs on asbestos. I think it is a gauge of the effectiveness of the total industry involvement in this most crucial matter that of eleven main requirements in the standards, the industry position was accepted totally by OSHA on nine of the eleven, .*bout fifty percent on a tenth, and totally rejected on only one. Nov, of course, OSHA is planning to redo the standard * .9 package and we are working closely with them on this project. The first step will be the formation ef a IS man advisory ' committee to review the current standards and any additional data and information that has been developed in the year since the standards were promulgated, . Working in cooperation with nine other trade associations, including your own, we have selected four individuals as industry wide recommendations to OSKA for the foci- so-called employer PLAINTIFF'S ATI-171 spots on the Advisory committee. The four people selected were Cuy Gabrieison, President of Nicolet; Ike Weaver of jUybe stos-Manhattan; Dr. Fred Pundsaek, Vice President for Research and Development of Johns-Kanvilie; and Cliff Sheckier. 1 In discussing the formation of the advisory committee with John O'Neill of the OSHA Standards Development Section, we were asked to add a couple of names to the list so that OSHA would have at least the semblance of a selection. This we have agreed to do. The committee will he given up to nine months so a* complete his deliberations and prepare for CSHA a revised standard package. This will he followed by public hearings, approximately a year from now. We do not expect to see a e new standard promulgated before the Fall of 1974, ATI-171 25 2e is cf course impossible to determine at this tire whet the new standards will look like, however, l would venture *o say that they will certainly net be less strict than the ones we have'today, although they will probably be less confusing and leave less room for employer interpretation. Something will unquestionably be done to improve the current difficulties with the monitoring requirements. K.2DE 5 HI OSH rhese slides, by the way, are merely simplified organisation charts of the various agencies with which we deal La We.shir.gcsn, The main function of the national Institute for Occupational Safety and Health is to conduct research and to prepare so-called Criteria Packages, which are essentially recommendstiens to OSHA for standards on various materials a.*TM c-eni-als Such a pawk a y c on asbestos as treoared ATI-171 36 by NICSH At the time of the CSKA proceedings Use year. KIOSK will not be preparing * new or revised criteria package cr the upcoming review cf the asbestos standards. _ Z do r.ot believe it would be unfair to say that of all the agencies in Washington dealing with asbestos, Cr. 5elikoff has had his greatest influence on the young idealistic scientists and doctors at KIOSK. Consequently, ,, industry influence is weakest in this agency. It was KIOSK, aster all, that made the original recommendation for a two fiber standard in the asbestos industry. . SIZIS 6------- S?A Next to OSKA, the Environmental Protection Agency ha. the greatest potential of any federal agency for adversely Affecting tha future of the asbestos industry m this country. Not only is the SPA responsible for developing and endorsing air and water pollution standards, but the Toxic Subs v-.ces ATI-171 - 37 - Control Act, r.ow pending in Congress, will aisc become an E?A function after passage. . Tot this reason, 1 an pleased to be sole to say that the asbestos industry has an excellent relationship with the tfk. Ho finer proof of this exists than the fact that there was not a single no;or industry reeorusendation or suggestion asde to the S?A at the public hearings on the proposed asbestos e e-tission regulations that was not accepted either in toto or ia principle in the final standards, which were published in early April of this year. ' He are presently working with the E?A on the develoonen of waste -water effluent standards for asbestos manufacturing plants. We fully expect that these standards will turn out to be as reasonable as the air pollution regulations. The proposed effluent standards are scheduled to be published in the Federal Register in early July. This will be followed b ' PLAINTIFF'S | EXHIBIT * /<? ATI-171 public hearings, probably in lace July or August, with the final standards being promulgated in the Fall, perhaps as early as October. We are also planning, in the near future, to meet in 1 Washington with representatives from the standards development and enforcement branch- s cf the E?A to discuss with them questions of interpretation and compliance policy with regard to the r.ew air pollution regulations. We have already resolved one interpretation question that is cf special interest to tha asbestos textile industry. Approximately two weeks ago l was asked by a member company c the Association to find out whet.hcr the Z?.K was planning to require the manufacturers of asbestos safety clothing to register as potential emission sources under the law. r a. ,1 ; i . .1 \ ATI-171 - :? * 2n discussing the situation over the phene with I?A compliance officials, 2 argued that the producers of asbestos safety clothing were not manufacturers as defined in the regulations but were instead only fabricatiors of an asbestos product, and as such, should not have to register as potential emission sources. After our phone conversation ended, a brief meeting ' was held among the EPA compliance people. 2 was then called back and informed that they agreed with ec that the safety clothing producers should not be required to register. While this rather manor prcblem took approximately an hour and a half and two or tnrae p.har.e calls to resolve, it is indicative of the type of day-to-day services that the Association provides for its member companies. ATI-171 - 45 - SllbE 7------- FDA Over the year the Food ar.d Drug Admnistraticn ha* shown an incrcasir.g interest in asbestos as a possible hazardous contaminant in various foods, beverages and drugs. Late in 1972 they set u? an asbestos task force to review the situation and to propose regulations and guidelines where appropriate. . Thus far they have concentrated their efforts in two areas -- on the use of ashestos-contari.nated talc in food packaging and in cosmetics, and secondly, en the use of asbestos celulose filter pads in the beverage and drug industries. in our first meeting with the "DA task force last Uoverher on the filter problem, they demonstrated an appalling ignorance about the health hazards of asbestos. Since then, they have gotten one heck of a lot smarter, due at least in part to the tremendous amount of data ar.d information wnich ATI-171 the Association has been supplying to them. As a censer. the FDA is today less panicky About Asbestos ana less likely to propose foolish, unsupportable reguiatacns. Spokesmen from the FDA have, in fact, defended one filter a against environmentalist attacks in the press and elsevher recent months. This is, quite obviously, a healthy sign.. SLIDE S ------- INTEREST CROUPS Since our contacts with the National Institutes of ' Health have been quite minimal, and since the health and safety section of the Bureau of Manes as presently being reorganised, we can now proceed to take a brief look at t.-.e various interest groups that have been in the forefront of the assault on asbestos. These are the groups and erganirat that constitute "the other side.* As you can see, there are a lot of them, and be twee them they can exert pc arful pressure on legislators and administrators at all levels of governmant. ATI-171 - a: - Sir.ce tire is not available to discuss each cf their activities and philosophies in detail, I would like to say that we keep a close watch on all of then and are always prepared to take whatever action is appropriate when thoy 1 step out of lir.c. ' sir-: projector err ---- irsnr on Our activities in the area of Congressional relations have bean quite minimal to date, although wa are preparing for the upccrtmg struggle ir. Congress over workmen's compensation reform legislation, at which time asbestos is unquestionably going to oe racked ever the coals by Or. Selikoff and his compatriots in organised labor. Unfortunately, the Association has neither the tantevt: r.or the tine to embark on a full-scale legislative information prograa. We have met an occasion with the legislative and legal assistants so various senators who have attacked asbestos. ATI-171 however cueh rare needs to be dona in this area and I an. afraid individual member ccr.panies are going to have to be the prime ball carriers and not tho Association. For essentially the sane reason, our government `i i activities at the state and local level have declined to essentially zero over the past year and a half. This has not been too serious a deficiency as most of the authority of the eities and states in asbestos control has been usurped by the various Federal regulatory agencies. Nonetheless, acre individual company activity is required at these levels of government. ' In conclusion, I think we can ail be justifiably e pleased with what we have been able to accomplish in the past aw years in resolving the cornucopia of interrelated problems that constitute the asbestos-health situation. a ATI-171 c Cur plants are cleaner ar.d our wo rumen tr t tor protected. i aTt.. r The general public his been shown to be in no danger ires &% asbestos, if it ever was. While we hove been regulated extensively, for the nost part the standards that have been t' developed have net been as bad as we feared they night be, and in sc.te rases they turned cut far better than we ever dared hope. In addition, while we are still taking our lunps a in the public press, the net effect of all this adverse publicity has beer, shown to be surprisingly snail. We have sweated a lot and w have groaned a 1st, but wo are still standing and we art still viable. I sense today within the industry a greater feeling of confidence in the future than at any tir.u in the past few years. Sut w must not rest contented. ATI-171 W must rcncrhcr chat Dr. Scli/.off has to cate beer. 2ar leas successful chan our industry has ;n influencing the \ decisions of the various governmental regulatory agencies. This will make him try harder. Just last week I saw a speech r t i of his in which he purposely misinterpreted some data by a distinguished British scientist in order to prove that even two fibers is not a sufficiently safe level for occupational t exposure to asbestos. . ' . the straggle is far frea over. We must not only continue but indeed expand our activities in the various / areas of concern if we are to assure the future well-being of the asbestos industry i.n the United States. thank you very much. !i i 2! 1I-.': * I: ATI-171 tmiumnL AFFIDAVIT OF ROBERT C. COHEN STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ) ) ss. : ) ROBERT C. COHEN, of full age,upon his oath, deposes sand says: i 1. I am principal in the firm of Knipes Cohen Associates , a shorthand reporting service located at 400 Market Street, Philadelphia, Pennsylvania. 2. In 1978 Knipes Cohen Associates was designated as the official repository for documents of the Asbestos Textile Institute. 3. In February 1980 the deposition of Doris Fagan, executive secretary of the Asbestos Textile Institute, was taken at the offices of .-.nipes Cohen Associates. _ 4. Ms. Fagan produced at her February 1980 deposition the originial minutes of ATI meetings as maintained by her as executive secretary of the Asbestos Textile Institute. . 5. From the dat.e of that deposition, I have been custodian of records of chose originial minutes. 8. The originials of the ATI minutes have remained in the drawers at Che offices of Knipes Cohen Associates under my direction since Ms. Fagan's deposition of February 1980. 7. Whenever copies of chose minutes are t quested by a party to the asbestos litigation, they are xeroxed by Knipes Cohen Associates' emplovees under my direction and are certified. 8. The copies of the ATI minutes which I have providea jre indicated as Exhibit "A" and are true and accurate copies of documents identified by Doris Fagan at her deposition on September 9, 1930. ATI-171 page 2 9. There have been no additions to, deletion from or alterations to the documents as identified ;y Ms. Fagan on Septemebr 9, 1980. Sworn to and subscribed before me this " day of October.1988 (iiUk r f wasa?."-*<-vSS-A c--ap5sS,ngtcm i 'fill E*p,' Cc; i. ROEERT C. COHEN PLAINTIFF'S EXHIBIT _