Document nNQMddDaL5NaZQGrNpEVpYoV2

J. m\ ASBESTOS INFORMATION ASSOCIATION NORTH AMERICA 1745 Jefferson Oavis Highway. Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 73/ Memorandum For: Subject: TECHNICAL COMMITTEE Meeting, Wednesday, March 1, 1978 Please be reminded that, as announced last meeting, January 25, the AIA/NA Technical Committee will next meet in the Association's office,Wednesday, March 1, 1978, commencing at 9:00 AM. It is expected that the meeting will adjourn by 3:00 PM. A tentative agenda for the meeting is attached. Suggestions for additional items are invited. Minutes of the January 25th meeting are also attached. Chairman Fenner emphasizes the importance of this meeting as the Association seeks to provide all assistance neccessary to finalizing AIA/NA's alternative for an OSHA construction standard. Please use the enclosed form to notify us of your attendance and hotel arrangements as might be required. Executive Director cc: Executive Committee Standards Advisory Committee Enclosures < PLAINTIFF'S EXHIBIT EBHBHBHHBBHHBBBBBI 1745 Jefferson Oavis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 AIA/NA TECHNICAL COMMITTEE Association Office Tentative Agenda 1 March 1973 I II III IV V VI VII VIII IX Welcome Minutes of Previous Meeting, January 25, 1978 Review of Federal and State Regulatory Actions and Initiatives Generic Cancer Policy Proposals by Regulatory Agencies EEH Study - AIA/NA Alternative for OSHA Construction Industry Standard A. Work Practice documents Committee Projects and Assignments A. Engineering controls for asbestos dust B. Sources for dust control equipment C. Labeling, material data sheets D. Employee training program Meetings of Interest Other Business A. Next meeting Adjournment JHM 12926 ASBESTOS INFORMATION ASSOCIATION NqpTH AMERICA 1745 Jefferson Davis Highway. Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 MINUTES AIA/NA TECHNICAL COMMITTEE JANUARY 25, 1978 The meeting was called to order by the Chairman in the Associa^ tion office at 9:05 A.M. Present were: E. M. Fenner James G. Heil Martin G. Kemplin William H. Mortonson H. B. Rhodes, Ph. D. Raymond F. Treml I. H. Weaver James Weber Frank Zimmerman R. H. Mereness B. J. Pigg J-M Corporation CertainTeed Corporation Nicolet, Inc.. The Flintkote Co. Union Carbide Corporation Molded Materials Inc. R/M Inc. The Bendix Corporation National Gypsum Co. AIA/NA Staff AIA/NA Staff A copy of the meeting agenda is attached. Review of Minutes of Last Meeting Dr. Rhodes discussed the present status of the California situation. Included were the personnel changes in the State Department of Health and Union Carbide's activities in lobby ing for a modification of the Presley bill. It was retorted that the hearing and comment dates relative to the generic standard for occupational exposure to carcin ogenic substances had been changed. The hearing is now sche duled for May 16 and written testimony will be received until February 28. Dr. Rhodes commented on the present status of the construction industry study being performed by Equitable Environmental Health, Inc. Further actions, that may be required of the Technical Committee will be advised following meetings of the Ad Hoc Committee on Construction, AIA/NA's Standards Advisory Committee and status review of the Executive Commi^^|<=/^ Minutes AIA/NA Tech. Comm. Mtg pg.2 Federal & State Regulatory Action Mr. Mereness reviewed Federal and State regulatory actions and initiatives. He discussed the contract from OSHA to RTI Inc. to consolidate the findings of CONSAD and RTI into one report. The committee was provided with a contract statement of work. Mr. Fenner reviewed the OSHA draft proposal for label ing materials used in the workplace and requested any comments by Committee members suggested for for warding to OSHA by AIA be advised to him within one week. For additional information on this subject, see attached outline of Executive Director's remarks. Role of Technical Committee The following subjects were discussed: Area of Responsibility - The Technical Committee will work with and assist the Executive Committee, Board of Directors, and association committees in all technical matters relating to the work of the Association. Membership - Mr. Mereness agreed that continued representation is necessary from Congoleum Industries, Inc., The Flintkote Co. and Garlock. He will arrange with the company directors for representatives to the Technical Committee. EEH Study - Dr. Rhodes reported that a meeting is scheduled at the Association's office tomorrow (Thursday, January 26) with representatives of EEH, Inc. to discuss improving their report. Monitoring - Dr. Rhodes reported highly satisfactory response to the monitoring program. Thera are 23 laboratories who have agreed to collect samples and perform analyses and 18' addi tional laboratories who will do analysis work. Mr. Mereness reported that the status of OSHA's participation had not been resolved. Work Practices - It was agreed that the Technical Committee would do no further work until the Executive Committee approv ed the concept of the Association's preparation for submission to OSHA of a proposed construction industry standard based on work practices. This program will be presented to the Execu tive Committee for approval at their next meeting. The exist ing recommended work practices will not be modified pending JHM 12928 Minutes AIA/NA Tech. Comm. Mtg Pg. 3 issuance of new standards. Meetings of Interest Refer to attached outline of Executive Director's remarks. Next Meeting The next meeting was scheduled for Wednesday, March 1 at 9:00 AM in the Association's office. Adjournment The meeting was adjourned at 2:30 PM. Please inform the Chairman of any errors or omissions in these minutes. Edmund M. Fenner Chairman, AIA/NA Technical Committee J'HM U929 A IkASBESTOS INFORMATION ASSOCIATION wmmmmmmmmmmmmmmmmmam 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 AIA/NA TECHNICAL COMMITTEE Association Office Agenda 25 January 1978 I II III IV V VI Welcome Minutes of last meeting Review of Federal & State Regulatory Actions and Initiatives Role of the Technical Committee A) Areas of responsibility B) Membership C) Status of EEH Study and determination of adequacy D) Review of materials available to industry for control of asbestos dust, monitoring, record keeping, personal hygiene, waste disposal, labeling, material data sheets, employee training program, etc. E) New projects and assignments Meetings of interest Adjournment Hand-out Materials: 1. AIA/NA Report of State Initiatives for Asbestos Regulation 2..ACGIH TLV pamphlet, 1977 edition 3. Statement of Work for consolidation RTI-CONSAD studies for OSHA 4. Report of current EPA activities related to asbestos 5. Draft OSHA Labeling Standard 6. Becklake paper, "State of the Art, Asbestos Related Diseases, Amer. Review of Respiratory Disease, Vol. 114, 1976." 7. g. S. Rajhans article, "Here's an Update on Asbestos..," Occupational Health and Safety, Nov-Dec 1977 8. P. L. Lowry, P. R. Hesch et.al. paper, "Performance of Single-use .Respirators," Am. Ind. Hyg. Assoc. J. Sept. 9. Mi sc. articles, Proceedings of 32nd Annual EMSA Meeting '77 JHM 12930 25 January .1978 TECHNICAL COMMITTEE MEETING EXECUTIVE DIRECTORS REMARKS I - Review of Federal & State Regulatory Actions' & Initiatives: A. OSKA's Proposed Revision to Asbestos Standard(s) Consolidation of CONSAD-RTI studies - due end April (copy of work statement in folders) B. OSHA's Generic Cancer Policy Proposal (1) Dr. Bingham announced on January 24 extension of time period for response - new dates are: Comments: public: 2/23/78 (was 1/30/78) OSHA's witnesses: 4/4/73 (was public supplemental: 4/25/78 (new provision) 3/15/78) Public hearing: 5/16/78 (was 4/4/78) (2) Work of American Industrial Health Council (3) Consideration of AIA/NA Response C. Report on State Initiatives for Asbestos Regulation (copy of report in folders) - refer Rhodes' work ongoing in California. D. CPSC (1) Ban of consumer patching compounds containing intentionally added resoirable free--form asbestos issued 12/15/77. (2) Proposed carginogen policy drafted by CPSC staff - was presented to Commission 1/18/78. (3) Report on status of A. T. Kearney study, originally expected to be completed 1/15/78. E. EPA (1) Paper on asbestos related programs in folders (Presented by Dr. Breen, SOEH Conference, 12/7/77) cr id (2) Regulation for Inventory Reporting Under TSCA Issu 12/23/77 - asbestos, as previously reported, will automatically included in inventory as a naturally occurring chemical substancjpj^ Pag -2 II - Meetings of Interest:- (1) P.eoort on SOEH Meeting, May-flower Hotel, Washington, D.C. (12/4 - 12/7/77) (2) Symposium on Risk/Benefit Decisions and the Public Health (FDA sponsored) - U.S. Air Force Academy, Colorado Springs, Colo., 2/15 - 2/17/73. (3) N.F. Academy of Sciences International Conference on Asbestos (6/24 - 6/27/73) JHM 12932 Draft of letter prepared by Wendell Alcorn to be used in response to inquiries concerning Snterline study and "state of the art" memorandum. You previously indicated interest in obtaining certain materials relating to the "state of the art" defense in as bestos-related disease litigation. The materials we have were prepared at the expense of the Asbestos Information Association for the benefit of its members and the industry at large. Since your company is a member of the asbestos industry but not a member of AIA/NA the materials on bronchogenic cancer prepared by Phil Enterline, Ph.D., E.N. Higgins, M.D., and their staffs will be made available to you at a cost of $2,000.00 That amount was determined by AIA's Board of Directors to be a fair contribution to the overall costs incurred. If you wish to obtain a set of the materials, we would also ask that you request it with respect to a particu lar, pending lawsuit for which you expect the information to be of valuable assistance. We view the materials as work product, to be distributed only in the context of an existing attorney-client privilege. All rights are reserved and reproduction can be made only with the express permission and consent of AIA/NA. If you wish to acquire a copy of the aforesaid materials, please remit a draft payable to Asbestos Information Association/ North America in the amount of $2,000.00. The. draft should be sent to me. I shall then see that you receive a duplicate copy of', the information, consisting of three volumes of papers 12933 Pg. 2 and representing over a year's work, by Dr. Enterline and his colleagues, who acted under our general direction and supervision. In addition to the above, you may wish to receive a copy of our "State of the Art" draft memorandum, dated June, 1977. It has been distributed to AIA and represents our latest effort at restating legal principles involved in the defense. The memorandum will not be finalized until another, separate study is submitted by Dr. Enterline on the disease asbestosis, and that submission is not expected before March, 1978. The charge for the draft memorandum, as well as the final version, would be duplication costs plus a charge for legal time actually incurred in supplying the memorandum to you. The draft memorandum should also be requested by you for anticipated use in connection with a specific, pending lawsuit. The memorandum would be supplied in the context of the attorney-client privilege that has been established between you and our firm. Please let us know if you have any further questions. We shall be pleased to meet with you or otherwise discuss the subject of this letter and any specific problems of concern to you. Very truly yours, W. B. A. , j r. 12934