Document oM9mDJOeVN3xpXBzg82gyGnOw
CC: T. A. Dougherty J. F. Reis H. 8. Rhodes J. Welch
BC: G. R. Adams
R . JU-iMptwl z i
G. F. Rouse :
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J. J. Sibley | J `J
A. G. Voress I
UNION CARBIDE CORPORATION METALS DIVISION - P. 0. BOX 573 NIAGARA FALLS, N.Y. 14302 TEL: 716-278-3376
May 30, 1980
Mr. B. J.. Pigg Asbestos Information Association/NA 1745 Jefferson Davis Hwy. Crystal Square 4, Suite 509 Arlington, VA 22202
Dear Bob:
Enclosed are: (A) the notice describing the agenda for the recent hearing in California, (B) the proposed changes in the asbestos standard, and (C) my oral presentation in response to the new section on training.
Several people spoke in response'to the medical examination changes. Dr. Greenberg opened the discussion by describing the Ad Hoc Advisory Committee's work and their decision to remove, at least for now, the requirement for sputum cytology. A "representative" of San Pedro Shipyard workers proposed that the requirement for medical exams be based on any exposure rather than 0.1 f/cc. Spokesmen from PG & E, CMA, and the California Chamber of Commerce proposed, in general terms, that medical examinations should be limited in scope to Fed-OSHA requirements. A San Jose physician representing PG & E questioned the guaiac test for occult blood, discussed the potential harm from the oblique X-rays, and suggested that the rectal examination be performed only by a physician. It was noted that the rectal exam ination and additional X-rays may cause an increase in the percentage of employees who refuse the medical examination.
It is my opinion that the Board will adopt the Committee's proposed changes with the possible exception of the specified test for occult blood. Dr. Greenberg seemed inclined to re-examine this with the Advisory Committee.
Dr. Greenberg indicated that the Ad Hoc Advisory Committee would continue to examine the asbestos standard and, as appropriate, make other proposed changes. It was not on the agenda and there was no mention of the Committee's proposed changes in the Housekeeping Section. I discussed this with Dr. Vanneman of Mr. Rinaldi's office and he was not aware of any proposals from the Advisory Committee in this regard. He suggested that I not bring it up at the Hearing, which I didn't.
Please let me know if you have any questions.
Very truly yours ,
'John L. Myers Marketing Manager
/dai
UCC 015331
STATE OF CALIFORNIA department of industrial RELATIONS
OCCUPATIONAL
1006 FOURTH STREET SACRAMENTO, CA 95814 (916) 322 3640
SAFETY
AND
HEALTH
STANDARDS
BOARD
EDMUND G. BROWN JR.. Go.e mor
NOTICE OF PUBLIC MEETING AND HEARING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
AND NOTICE OF PROPOSED CHANGES TO TITLE 8 and TITLE 24, CALIFORNIA ADMINISTRATIVE CODE
Notice is hereby given pursuant to the provisions of Section 142.1 of the Labor Code, that the Occupational Safety and Health Standards Board of the State of California has set the time and place hereinafter set forth for a Public Hearing, Public Meeting, and Business Meeting:
PUBLIC MEETING:
On May 29, 1980 at 10:00 a.m. in the Auditorium, Room 1036 of the California State Building, 2550 Mariposa Street, Fresno, California
At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety and health.
PUBLIC HEARING:
On May 29, 1980, following the Public Meeting, in the Auditorium, Room 1036 the California State Building, 2550 Mariposa Street, Fresno, California
of
At the Public Hearing, the Board will consider the proposed changes noticed below to occupational safety and health regulations in Title 8 and Title 24 of the California Administrative Code.
BUSINESS
MEETING:
On May 29, 1980, following the Public Hearing, in the Auditorium of the California State Building, 2550 Mariposa Street, Fresno, California.
At the Business Meeting, the Board will conduct its monthly business.
In the event it becomes necessary to continue the Public Meeting, Public Hearing, or Business Meeting, the meetings or hearing will be continued on the following day, Friday, May 30, 1980 at 10:00 a.m., in Room 1036 of the California State Building, 2550 Mariposa Street, Fresno, California. Should it be further necessary to continue the meetings or hearing, after May 30, 1980, the Board will continue the meetings or hearing on June 5, 1980 at 10:00 a.m., in Room 1036 of the California State Building in Fresno, California.
UCQ0i5332
OB')
STANDARDS PRESENTATION
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
TITLE 8:
GENERAL INDUSTRY SAFETY ORDERS (Asbestos)
SECTION 5208(j)(I)(A)
and (j) (1) (B)
5208(n)
SUBJECT
Medical Examinations. Revises the subsections concerning the content of initial and periodic medical examina tions and amends the frequency at which periodic examinations shall be performed depending upon the employee's age or past exposure to asbestos.
Employee Information and Training. * (New) Adds new Subsection (n) concerning
provisions for "Training Program" and "Access to Training Materials".
There are no building standards contained- in this order.
Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be incurred by it in complying with these orders because these orders merely implement Federal law and regulations.
UCC 015333
STANDARDS PRESENTATION
Pg i of
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Repeal Subsections (j)(1)(A) and (B) in Section 5208 and adopt new Subsections (j) (1) (A) and (B) into Section 5208 to read as follows:
(j) Medical Surveillance.
, ,, .,
.
..
(1) Medical Examinations. The employer shall provide or make availaWe
at no cost to the employee a comprehensive medical examination by a Licensed physician in accordance with this subsection for each employee engaged m an occupation where exposure lo airborne asbestos, without regard to the use ot
respiratory' protective equipment, has been determined to exceed, or irr-yDe reasonably expected to exceed, an 8-hour time-weighted average concentration
of 0.1 fiber, longer than 5 micrometers, per cubic centimeter. j ( tVtjho examination shall be conducted within 30 calendar day^e*,
plovce'slititiaUssignment, at least annually thereafter, andwthin-atrcalendar
days of terminatTornef-cmployment if an examinationJiawKjrbei'n pertormcd
within the vear precedin2'teQination. (H) The examination shall incMfe-ajTminimurii, a history lo elicit symp
tom atolog" of respiratorvdisea^or an update-fifsuch history, 14-uich by 17-
inch pcisferior-anhBnonrjndlateral chest X-rays.^Miumary function tests
inciuaiugTriirfeSvital capacity (FV'C) and forced expiratory-voLume at one
____________________________ ... .
(A) The examination shall be conducted within 30 calendar days of the employee's initial assignment, thereafter as required by Section 5208 (j) (1) (B)1 or (j)(l)(B)2, and within 30 calendar days of termination of employment if an examination has not been performed within the year preceding termination.
(B) The examination shall include, as a minimum, a history to elicit symptomatology of upper and lower respiratory and gastrointestinal diseases, a physical examination of the respiratory and gastrointestinal systems including rectal examination, a stool gua Lac test for occult blood, a 14-inch by 17-inch posterior-anterior chest X-ray, right and left anterior oblique chest X-rays, pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV^)* -and -a--aputum cytology examination^
UCC 015334
STANDARDS PRESENTATION
Pg_ 2 OF
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
1. Foe employees less than 40 years of age with less than 10 years since initial occupational exposure to asbestos, the medical examination shall be provided every three years after the initial examination and shall include as a minimum a 14-inch by 17-inch posterior-anterior chest X-ray and pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV^).
2. For employees 40 years of age or older or with 10 years or more since initial occupational exposure to asbestos, the medical examination, as described in Section 5208(j)(1)(B), shall be performed annually except that the oblique X-rays need only be performed every three years, and--febe--sputum-cytology--e-xanwaa-feLon
txfcuaJLJ--nrro^rl a pptsxssrjjiuat- 1 y
med-ica-1--exarniina'trron--r-ath.ex-.tban-at -the same--t-ime.
NOTE: The 14-inch by 17-inch posterior-anterior chest X-ray should be rated using the International Labour Office UICC/Cincinnati (ILCJ U/C) criteria.
(C) The employer shall obtain from the examining physician all the informa tion required by this subsection and any other medical information or diagnosis relevant to occupational exposure to asbestos including the physician's opinion ax to whether the employee has any deter ted medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to asbestos
\2) Recordkeeping. (A) Complete and accurate records of medical examinati ns required by this section shall be maintained for each employee. (Bi Medical examination records shall be maintained for at least 30 years. (C) Tne contents of the medical examination records required by tliis sec tion shall be made available, for inspection and copying, to authorized repre sentatives of the Chief of the Division of Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health. i D) Upon written request of an employee or former employee, the employ er shall provide a copy of the medical examination records for the affected employee or former employee to a physician designated by the employee or former employee.
UCC 015335
STANDARDS PRESENTATION
Pg__2_ of __
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
Adopt new Subsection (n) into Section 5208 to read as follows:
(n) Employee Information and Training.
(1) Training Program.
(A) Within 60 days of the effective date of this subsection, the employer shall institute a training program for, and assure the participation of, all employees exposed to asbestos such that medical examinations are required pursuant to Section 5208(j)(l).
Exception: Employees who are certificated as having been trained in an apprenticeship asbestos training program meeting all the criteria in Section 5208(n) (1) (B) .
(B) Training shall be provided at the time of initial assignment and at least annually thereafter, and the employer shall assure that each employee is informed of the following information in language that he can understand:
1. The nature of all health hazards directly attributable to asbestos exposure including carcinogenic hazards.
2. The increased risk of lung cancer associated with smoking cigarettes and asbestos exposure.
3. The specific nature of the operations and specific information to aid the employee in recognizing when and where asbestos exposure may result.
4. The purpose for and a description of the monitoring program.
5. The purpose for and a description of the medical surveillance program.
6. The necessary protective steps to prevent exposure, including engineering controls and safe work practices.
7. Where the employee is required to wear a respirator, the purpose for, proper use and limitations of the respiratory devices.
8. Where protective clothing is required, the purpose for, proper use and limitations of protective devices or clothing.
OSHSB-9A{7/76)
UCC 015336
STANDARDS PRESENTATION
Pg 4
CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
4
9. The purpose for and application of housekeeping and personal hygiene practices and procedures to prevent asbestos exposure to others.
10. The purpose for, significance of and farailiarization with emergency procedures as described in Section 5208(Z) (3).
11. A review of the provisions of this standard.
(2) Access to Training Materials.
(A) The employer shall make a copy of this standard readily available to all affected employees and their representatives.
(B) All materials training program shall
representatives of the and Health.
relating to the employee information and be provided, upon request, to authorized Chief of the Division of Occupational Safety
UCC 015337
ORAL PRESENTATION BEFORE THE CALIFORNIA STATE OCCUPATIONAL SAFETY
AND HEALTH STANDARDS BOARD MAY 29, 198C
TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (Asbestos)
Held in Fresno, California on
May 29, 1980
By: John L. Myers - Representing: Asbestos Information Association/North America
1745 Jefferson Davis Highway Crystal Square 4, Suite 509 Arlington, VA 22202
UCC 015338
RESPONSE TO MR. O'HARA'S REQUEST FOR COMMENTS ON TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (ASBESTOS), page 3 of 5: "Adopt new subsection (n) into Section 5208"
My name is John L. Myers of Union Carbide Corporation. I am speaking on behalf of the Asbestos Information Association of North America (AIA/NA). The AIA/NA is an association of over 50 companies engaged in the mining and pro cessing of asbestos and asbestos-containing products.
We have always endorsed an employee information and training program and Union Carbide conducts such a program at its asbestos mine and mill near King City.
We feel that the wording in (n)(l)(A), which describes the employees to be trained, should be slightly modified. As it reads, the training program could apply to office personnel, casual or infrequent visitors, and other employees who would not be exposed to 0.1 f/cc on a continuing basis - perhaps very infrequently.
We, therefore, suggest that paragraph (A) be revised as follows:
(A) Within 60 days of the effective date of this subsection, the employer
shall institute a training program for, and assure the participation of, all
employees
10 iWHVH assigned to work with asbestos or asbestos-contain
ing materials and employees assigned to work in areas where such materials are
being used, provided that such materials are being used in a manner in which
exposures to asbestos may reasonably be expected to exceed the level such that
medical examinations are required pursuant to Section 5208(j)(l). CUnderlined
words are our proposed addition.)
Dr. Greenberg responded to the above by stating that the Ad Hoc Advisory Committee had considered the problem of infrequently exposed persons. They decided that their wording, crossed out above, would "encourage" companies to prohibit or minimize the admission of "non-asbestos workers" to areas where they may be exposed to greater than 0.1 f/cc. I obviously made no rebuttal to his comments.
UCC 015339
This material, used extensively for protection against fire and heat hazards, ironically is a recognized hazard to health when asbestos dust is inhaled excessively, caus ing asbestosis, bronchogenic (lung) cancer, and mesothelioma. The industry's many problems and its far-reaching response to OSHAct regulations are presented.
Asbestos, used since antiquity,
has widespread and important ap plications in our modern technolog ical society. Approximately 3,000 different kinds of products contain ing asbestos are in daily use throughout the world. Its increasing use has lent urgency to the need to cope with occupational health problems related to the excessive inhalation of asbestos dust.
Asbestos is actually a general term used to describe several fibrous mineral silicates that occur as white, grayish, or greenish masses, either compact or as long, silky fibers. The most important types are:
Chrysolite--a simple magnesi um silicate;
Amosite--a complex magnesi um iron silicate;
Crocidolite--a complex sodium iron silicate.
Some 97 per cent of the world as
bestos production comes from chrysotiie.
Basically, the known facts about asbestos-related disease can be summed up as follows:
1) Asbestos-related health risks today are almost exclusively con fined to the occupational setting;
2) The effects of excessive inha lation of asbestos are both time- and dose-related--this means that asbes tos-related diseases may develop, generally, only after the inhalation of substantial amounts of asbestos dust over a substantial period of time;
3) There is presently no evidence of risk to the general public from exposure to the minute amounts of asbestos that have been found in community air;
4) Because of the long latent pe riod of asbestos-related disease, the
Chrysotile is mined in open pit mines, such as this one in Canada. (Photo: courtesy Asbestos Information Association/North America).
disease being found today, among some long-term industry employees is not necessarily an indication of present-day conditions. It may, in stead, be a result of conditions ex isting decades ago, at a time when neither the industry, government, nor the medical profession knew much about the health effects of asbestos, or proper means for their control.
What Is the Hazard?
More than 200,000 employees face risks from asbestos. The principal danger is caused by inhaling asbes tos fibers. Recent studies also have shown the presence of asbestos fibers in the lungs of persons having no in dustrial exposure -- probably due to their presence in the atmosphere near construction sites, where an asbestos mixture formerly was com monly sprayed onto steel beams as a method of making the structure fire resistant. This practice has since been banned by Occupational Safety and Health Act regulations.
Prolonged inhalation of asbestos fibers between 5 and 50 microns long (one millionth of a meter) can produce a lung disease known as asbestosis. The lungs cannot elimi nate asbestos fibers, so the fibers coat the tissues. If this process con tinues over a period of 10 to 20 years with significant quantities of asbestos present, the tissue reaction progresses until a generalized diffuse fibrosis occurs, causing severe respi ratory disability. There have been reports of increased incidence of lung cancer in persons with asbes tosis.
There are three primary diseases known to be caused or exacerbated by prolonged and heavy inhalation of asbestos fibers. They are asbes tosis, bronchogenic (lung) cancer, and mesothelioma.
Reprinted from National Safety News
UCC 015340
What Asbestos Is and Where It Is Used
The term asbestos is derived from an ancient Greek word meaning inextinguishable. In reality, mineral asbestos is non-flammable even at extremely high temperatures, it in hibits certain types of chemical re actions, and is extremely flexible and durable. All these qualities combine to make it especially suitable for a wide variety of demanding uses, particularly those that protect hu man life and property. Asbestos may be unique in that its primary func tion is to save lives.
Asbestos is the generic name given to a group of hydrated silicate minerals that can be separated into relatively soft, silky fibers that have great tensile strength. Certain grades can be carded, spun, and woven; others can be pressed or layered to form paper. Chrysolite, crocidolite (or blue fiber), and amosite are the three varieties of asbestos that are commercially significant today. Each differs from the others, both physi cally and chemically.
Chrysotile is a flexible white mag nesium silicate that can be attacked by acids. It differs from other as bestos minerals in that it has a posi tive rather than a negative electrical charge in water. It now accounts for 97 per cent of all asbestos used annually in the United States. This high percentage of use is due in part to industry awareness of medical studies that show amosite and croci dolite to be more potentially haz ardous to health than chrysolite as bestos. Canada and the Soviet Union are the leading producers of chry solite fiber, but small deposits are also found in the United States, Italy, South Africa, Rhodesia, and China.
Amosite, which is mined com mercially only in the Transvaal dis trict of South Africa, is a brown ferrous magnesium silicate that oc curs in the same type of iron-rich sedimentary rock as does crocidolite. It is brittle and not as acid-resist ant as crocidolite. Amosite is used principally in the manufacture of heat insulating materials.
Crocidolite, characterized by a deep blue color, is a ferrous sodium silicate that is acid-resistant but less flexible than chrysotile. The bulk of the world's supply comes from South Africa. Crocidolite was a stra
tegic material during World War II, when it was used as the filtering ele ment in gas mask canisters. It can be spun or woven into materials and fabrics used in acid-resistant pack ings and flame-resistant clothing.
Properties and Advantages
As many as 3,000 different prod ucts are in daily use throughout the world containing some asbestos. The heat-resistant properties and fibrous structure of asbestos make it ex tremely desirable as a fire-proofing and insulating material. Typically, asbestos is used wherever fire and excessive heat are a threat to safety.
Companies now are looking at fibrous glass, plastics, ceramics, and various synthetic materials as pos sible replacements for asbestos in certain applications. However, there generally is no one adequate sub stitute material available, because increased costs, poor performance, and weight often make the substi tuted material unattractive.
How Asbestos Is Used
Asbestos fibers can be classified into two types: spinning and non spinning. Spinning fibers comprise the longer grades of chrysotile and crocidolite; non-spinning fibers in clude the shorter grades of chryso tile and crocidolite, plus the long and short grades of amosite. Use of a specific grade of fiber depends greatly upon application, and to a lesser extent on price and availa bility.
Longer-grade chrysotile fibers can be carded, spun, and woven to make textile products such as yarn, rov ings, tape, and cloth. Asbestos tex tiles are used to make fire-proof clothing, packings, friction materials, gaskets, lagging cloth, and laps that provide electrical and thermal in sulation.
Spinning grade asbestos fibers also are used in such non-spinning appli cations as compressed sheet packings and gaskets. They also are an ingre dient of strong asbestos paper used in tape form to wrap electrical wires and cable.
The shorter-grade (non-spinning) chrysotile fibers make up the great
majority of chrysotile used in the U.S. These fibers go into numerous asbestos-cement products, including pipe, roofing shingles, flat and cor rugated siding, millboard, cements and fillers, and insulated paper. Short chrysotile fibers are used ex tensively in brake linings and auto matic transmission friction materials.
More than 90 per cent of the as bestos fiber used annually in the U.S. is incorporated into finished prod ucts where the fiber is entrapped, or locked in, and not free to serve as a possible contaminant in the at mosphere. Asbestos can be locked into a product with a binder, saturant, coating, or binding agent so that normal handling, application, and use will not generate significant quantities of abestos dust. Asbestoscement products are examples of "locked-in" materials, whereas many insulating materials and spray-on fire-proofing compounds are socalled "non-locked-in" materials.
Fire-prevention and retardation is a feature of such asbestos-containing products as: protective clothing; thermal, electrical, and acousticalinsulating materials, roof shingles, siding, and flooring; space vehicle heat shields, theatre curtains, boiler jackets, welding screens and blankets, gaskets for spark plugs, motor casings, and insulating tapes for wire and cable.
Fire-proofing plus protection against abrasive wear and tear (in cluding the caustic action of acids) are qualities of asbestos that com bine to make it useful in vinyl and asphalt floor tile, asbestos-cement pipe, asphalt paving, friction mate rials, packings and gaskets, asbestoscement building materials, paper, felts and many textile products.
The adhesive and binding pro perties of asbestos fibers make as bestos a useful ingredient in rein forced plastics, paints, varnishes, roofing cements, wicks, rope, twine, protetcive coatings, and felts used in paper manufacturing.
The spinning and weaving ca pability of asbestos fibers is basic to the asbestos textile industry. As bestos fibers also are used in filters that collect dust and other air pollu tants, and in Alteration systems used in the processing of beverages, liquids, and drugs.
UCC 015341
Asbestosis
An occupational disease charac terized by lung scarring, asbestosis is one of the lung diseases called pneumoconioses. It is the most com mon of the three asbestos-related illnesses and is found only among those who have worked regularly and continuously with asbestos un der inadequately controlled condi tions. The average time span from first exposure to the first clinical signs of asbestosis is 17 years, al though some cases have been re ported in as few as 10 years.
Asbestosis is believed to be nei ther malignant nor necessarily fatal. Many asbestos workers with minor
cases can and do continue to work and lead normal lives without dif ficulties.
The asbestos industry has long recognized the risk of this disease and has implemented safe-guards to protect workers' health. As far as can be determined, asbestosis never has been found in the general public, even among people living in close proximity to asbestos mines and processing plants, according to the Asbestos Information Association/ North America.
Bronchogenic (lung) cancer
A number of medical studies have linked heavy asbestos exposure with
an increased risk of lung cancer. While lung cancer occurs far less frequently among asbestos industry workers than asbestosis does, under some circumstances it occurs more frequently than in the general popu lation. As with asbestosis, the amount of fiber to which an employ ee is exposed is an important factor in lung cancer development. In addi tion, it is the considered opinion of many scientists that lung cancer will not develop in an employee if he did not first have asbestosis.
Factors other than heavy asbestos exposure are believed important in the causation of lung cancer among asbestos industry workmen. The most documented example is ciga-
Some of the most asked questions pertaining to asbestos and health are answered here by the Asbestos Information Association/North America.
Q.--Is the atmosphere being polluted by asbestos sprays used to fireproof the superstructure of buildings under construction?
A.--The use of asbestos-containing, spray-on fire proofing compounds in high-rise building construction has been banned in the United States* by the Federal Environmental Protection Agency (FEPA) because the methods developed for the control of emissions of fiber from these sources proved to be ineffective.
for asbestos exposure). Counts taken during the sweep ing and bagging of asbestos debris have reached the astronomical figure of 3,815 fibers per cc (more than 750 times the U.S. standard). This resulted in very high dust levels throughout the shipyard area.
Spray application methods were never used in the U.S. shipyards during W.W. II. The alternative method used in this country, while creating dusty con ditions for the men doing the actual work, did not re sult in hazardous conditions throughout the yard, as was the case in Great Britain.
Q.--Win there be an "epidemic" of asbestos-related
mesothelioma in the future among people who worked in United States shipyards during World War II?
A.--It appears highly unlikely that such an "epi demic" will occur. Predictions of this nature have been based primarily on the experience of workers in British -- not U.S. -- shipyards, where a relatively small number of mesothelioma cases have been reported among yard employees not known to have worked directly with loose-bound asbestos products in their jobs. There are several important factors, however, which do not make the British experience comparable with that in American shipyards. These include:
The prime method of applying asbestos-containing insulations aboard British warships was by spraying, a notoriously dusty method of application. Dust counts during spraying in British shipyards have been re corded as high as 1,500 fibers per cubic centimeter of air (300 times higher than the current U.S. standard
'Editor's Note: One of the earliest cities to ban the practice of spraying of asbestos mineral fiber insulation in high-rise construction was New York. The New York City Council took such action effective February 25, 1972, under Local Law 49, 1971, Air Pollution Control Code, Section 1403.2-9.11 (B), enacted Aug. 25, 1971.
The type of asbestos fiber most used in British shipyards for insulation purposes was crocidolite, the variety of fiber most medical experts agree is the most likely to cause mesothelioma. Crocidolite was not used in the U.S. shipyard work.
Q.--Do asbestos-containing filter materials release asbestos fibers in potentially hazardous quantities into liquors, beers, wines, soft drinks, and other liquids offered for sale to the public?
A.--Asbestos-cellulose filter pads have been used in the filtration of liquids since the beginning of this cen tury. The mass production of many of our most im portant injectable drugs would be virtually impossible without the use of asbestos-containing filter media. While it is possible that very tiny amounts of electron microscope sized asbestos fibrils are released into some beverages from the use of asbestos-containing filter pads, there is no evidence whatever that the size and quantity of the fibrils released constitute any hazard to human health. This same question war raised in Great Britain a few years ago with regard to fibrils of asbestos found in beer. The furor died when it was shown that the total amount of asbestos fiber found in British beer added up to only two one-thousandths of an ounce in the total United Kingdom beer pro duction of over a thousand million gallons a year.
UCC 015342
Asbestos is automatically packaged at the mill and shipped in impermeable bags to prevent dust exposure. |Photos: courtesy Asbestos Information Association/North America.)
In the manufacturing plant, bags of asbestos ore opened and fiber handled in wy* preventing exposure.
rette smoking. Studies conducted of as many as 17,500 asbestos insula tion workers show that those who smoke have a much greater risk of contracting lung cancer than nonsmokers in the general public -- but that those asbestos industry workmen who do not now smoke cigarettes and who have never smoked regularly, have no greater risk of lung cancer than the average man in the street who does not smoke.
Mesothelioma
This disease is an extremely rare cancer of the lining of the chest (pleural) or the abdominal cavity (peritoneum). It is found more fre quently among those with occupa tional asbestos exposure than among the general population. It also has been found among people who, in the past, lived in close proximity to uncontrolled crocidolite asbestos plants or mines, and even, on rare occasions, in the households of em ployees who worked in crocidolite asbestos factories or mines and who presumably brought substantial quantities of this particular type of asbestos fiber into their homes on their work clothes. This has not been found to be the case with individuals exposed only to chrysotile asbestos, which accounts for 97 per cent of the asbestos fiber used in the United States today.
Because the latent period for
mesothelioma ranges from 30 to 45 years, it is impossible at this late date to determine precisely the ex posure levels experienced by these "neighborhood" and "household" cases. However, they were probably quite high by today's standards. In any case, as technology was devel oped for the control of asbestos dust levels, both in the plant and out, these potentially hazardous condi tions have been greaty reduced, if not eliminated.
A relatively small number of cases have also been reported among employees in shipyards and on con struction projects who, while not working directly with asbestos, were exposed to heavy concentrations of air-borne fiber by working in close proximity to those who did. Ex posures of this , type have been re duced by strictly enforced industrial safety devices and procedures.
Asbestos and the General Public
The Asbestos Information Asso ciation/North America states:
There is no evidence -- ei ther from experience or from scientific research -- that any one in the general public has ever contracted any asbestosrelated disease from exposure to minute amounts of asbestos dust being found in community
air, which are many times lower than those levels that have been demonstrated to result in no excess of disease in occupa tionally exposed populations.
That conclusion is supported by both the Asbestos Panel of the National Academy of Sciences' Committee on Biologic Effects of Atmospheric Pollutants, and the 33member Advisory Committee on Asbestos Cancers of the Interna tional Agency for Research on Can cer, a division of the World Health Organization.
In its 1971 booklet. Asbestos, the Need for and Feasibility of Air Pollution Controls, the NAS Asbes tos Panel, which consisted of seven of the nation's experts on asbestos and health, stated:
There is no evidence that persons in the general popula tion -- without occupational, household, or neighborhood exposures -- have any in creased risk of neoplasm, even though there may be ferrug inous bodies or fibers in their lungs.
According to the Asbestos In formation Association, the report of the IARC Advisory Committee rep resents the consensus of present world medical opinion on all aspects of the asbestos-health problem.
UCC 015343
Meeting immediately after the October 1972 Lyon Conference on Biological Effects of Asbestos, the Committee -- with representation from 10 different countries -- draft ed the following opinions on asbes tos-related disease and the general public:
Asbestosis -- There is at pres ent no evidence of lung damage by asbestos to the general public. The amount of asbestos in the lungs of members of the general public is very small compared to those oc cupationally exposed.
Lung Cancer -- The evidence . . . suggests that an excess lung carcinoma risk is not detectable when the occupational exposure has been low. These low occupational exposures have almost certainly been much greater than that to the public from general air pollution.
Mesothelioma -- There is no evidence of risk to the general public at present.
Because of some recent contro versy in the United States and Canada on this subject, the question was also examined whether there is any "evidence of an increased risk of cancer resulting from asbestos fibers present in water, beverages, food, or in the fluids used for the administration of drugs." The an swer of the commission was: Such evidence as there is does not indi cate any risk.
Asbestos and Health Research
Extensive medical and technical research into the health effects of asbestos and the proper means for their control is being conducted at laboratories throughout the world. A significant percentage of this re search is being sponsored, co-spon sored or otherwise aided by the world asbestos industry. Two of the largest non-governmental sources of funds for asbestos-health research are the Institute of Occupational and Environmental Health (IOEH) in Montreal, sponsored by the Quebec Asbestos Mining Associa tion, and the Asbestos Research Council, sponsored by the British asbestos manufacturing industry. Individual companies acting inde pendently are also conducting re search into the problem.
Controlling the Hazard
When asbestos is mined, milled, or processed in manufacturing plants, its minute, dry fibers be come air-borne like dust particles. Enclosure and local exhaust ventila tion applied to equipment or opera tions are the principal means of preventing employee exposure to dangerously high concentrations. Dust respirators certified by Na tional Institute of Occupational Safety and Health (NIOSH) are recommended for use by employees in some work operations.
Typical methods implemented to control dust levels include: sophisti cated dust collection systems (which combine high-power exhaust fans, duct networks, and high-efficiency filters); special methods of waste disposal; use of protective clothing and portable dust respirators; in novative wetting and dampening methods that minimize dust gener ated during production.
The asbestos industry has devel oped a completely automatic fiber bag-opening station that will permit workers to open the bags, remove the fiber, dispose of the bags, and enter the fiber into the manufactur ing process without creating dust. In general, greater use of automa tion is being sought throughout the asbestos industry to reduce dust levels and to minimize exposure of employees to air-borne asbestos fiber.
Basically, the requirements of an effective dust control program are twofold:
1) Design fabrication processes and production equipment so as to minimize dust generation as much as possible;
2) Implement highly organized programs of industrial maintenance (including hygiene surveys) to in sure that safe levels are maintained.
Periodic monitoring of dust con centrations should reveal any dust levels that might exceed the thresh old limit value (TLV).
It is obvious that good preventive maintenance must go hand in hand with effective dust control measures if the standards recently announced by the Occupational Safety and Health Administration are to be achieved.
Establishing Safe Dust Levels
The first epidemiological study of the effects of asbestos dust on work ers was reported in 1930.1 From that time on, it was generally recog nized in industry that asbestosis serious enough to interfere with respiratory or cardiovascular func tions could be prevented by reduc ing dust levels to a specified TLV.
The American Conference of Governmental Industrial Hygienists (ACGIH) set the industry's first standard in 1938 by establishing a TLV of five million particles per cubic foot. Independent research supported by the Johns-Manville Corporation concluded at about the same time that a TLV of one mil lion fibers, 10 microns or longer, per cubic foot would be an ade quate level for safe occupational exposure.
In 1961, the ACGIH established a new standard with a TLV of 12 asbestos fibers, five microns or longer, per cubic centimeter, and this was later modified (in 1970) by reducing the time-weighted aver age to five fibers per cubic centi meter, with a maximum of 10 fibers per cubic centimeter at any one time.
This standard was adopted as a temporary measure in 1972 by OSHAdministration, and it is the present accepted level. However, on
SpeciaJIy-freated, lint-free asbestos tex tile material with "locked-in" fibers is pulled onto table for marking, cutting of patterns. (Photo: courtesy RaybestosManhattan).
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July 1, 1976, a new standard is scheduled to go into effect that will reduce the TLV to only two asbes tos fibers, five microns or longer, per cubic centimeter on a timeweighted average. Specifically, OSHA's current per missible level is five fibers per milli liter greater than five microns in length for an eight-hour time-weight ed average air-borne concentration. This may be increased to 10 such fibers per milliliter for no more than 15 minutes per hour, up to five hours per eight-hour day. Such deter mination shall be by the membrane filter method at 400 to 450 times magnification (4 millimeter objec tive) phase contrast illumination. Imminent danger situations are generally not applicable. Any ex posure greater than permissible levels for unprotected or improperly protected workers is considered a serious violation.-
How Is It Measured?
Asbestosis dust will be collected with a personal sampling pump. Fibers will be counted microscopic ally at 400-450 magnification using phase contrast illumination.
OSHAct Regulations
On July 7, 1972, OSHAdministration issued standards regulating asbestos dust exposures. These oc cupational standards deal with:
Permissible concentrations of asbestos fibers;
Methods of compliance;
Warning signs and labeling of potentially dangerous products;
Monitoring of dust levels;
Medical examinations for em ployees;
Recordkeeping by employers. These standards have one basic purpose -- to protect employees from exposure to potentially hazard ous amounts of asbestos dust in their workplace.
The major obligations placed on employers, and industry in general, by the standards can be summed up as follows:1
1) Tie employer shall maintain a healthy workplace, making sure
Prime method of dust control is the bog house type collector, os shown here outside plant.
that no employee is exposed to con centrations of air-borne asbestos fiber in excess of established limits;
2) Where the exposure limits are exceeded, the employee shall be notified in writing of the situation by his employer and shall be in formed of corrective measures be ing undertaken to reduce his ex posure to a safe level;
3) Engineering controls and the implementation of safe work prac tices are the only approved perma nent methods of correction;
4) While corrective measures are being instituted, the employee shall be protected by other means, such as the wearing of an approved res pirator provided by his employer, or by job rotation;
5) The use of respirators or shift rotation to achieve control is not permitted except during the time re quired to install engineering controls or implement safe work practices; in situations where such controls or practices are not technically feasible; and in emergencies;
6) No employee shall be assigned to a task requiring the use of a respirator if his most recent yearly medical examination indicates that he would be unable to function properly while wearing one, or if the wearing of a respirator would endanger the employee's health or safety, or that of another workman on the job;
7) Special protective clothing
change rooms, and separate clothes lockers shall be provided for em ployees in certain situations;
8) The personal and environ mental monitoring of a workplace shall be conducted by the employer to assure that the standards are being met; employees shall have access to the results of the monitoring of their jobs;
9) Warning signs shall be posted at entrances to areas where dust levels are in excess of the standard;
10) Caution labels shall be placed on any finished asbestos-con taining products that are likely to release fiber in excess of the stand ard during handling, application, or fabrication;*
11) The employer shall provide yearly medical examinations for em ployees exposed to concentrations of asbestos dust, and pre-employ ment and termination medical exams also are required;
12) Upon request, an employee's medical record will be made avail able to his family physician.
`Editor's Note: Manufacturers and processors of apparel made of as bestos-based textile fabrics are not re quired to identify such products with caution labels, because such asbestos is "locked" into the fabric through sealants or other sophisticated pro cesses. Several such patented methods of locking-in the asbestos have been developed, thus minimizing or elimi nating raveling.
UCC 015345
' Other requirements included in the standard are:
Where respirators are permit ted, they must be selected from among types approved by the U.S. Bureau of Mines or certified by the National Institute for Occupational Safety and Health (NIOSH);
No asbestos cement, mortar, coating, grout, plaster, or similar material containing asbestos can be removed from shipping bags or their containers without being either wet ted, enclosed, or ventilated;
Insofar as practicable, asbestos must be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state to reduce fiber emissions unless this would dimin ish the usefulness of the product;
Hand tools that may produce or release asbestos fibers in excess of the limits must be provided with local exhaust ventilation systems;
External work surfaces must be kept free of excessive accumula tions of asbestos fiber;
Waste must be collected in sealed impermeable bags or other closed, impermeable containers.
The National Institute for Occu pational Safety and Health (NIOSH) recently conducted environmental surveys in some 30 plants manu facturing asbestos cement pipe, fric
tion materials, insulating materials, and textiles. In addition, workers in 12 plants were given medical examinations, including X-rays, and pulmonary function tests to show any indication of lung disease. In formation was also recorded on each worker's occupational, smok ing, and respiratory disease history.
On March 30, 1973, Environ mental Protection Agency Adminis trator William D. Ruckelshaus set national emission standards for three hazardous air pollutants -- asbes tos, beryllium, and mercury.3
These three pollutants are the first to be designated as hazardous to health under the Clean Air Act amendments of 1970. The act de fines hazardous air pollutants as those that "may cause, or contribute to, an increase in mortality, or an increase in serious irreversible or incapacitating reversible illness."
The "hazardous to health" desig nation requires EPA to set national emission standards for the affected air pollutants.
The new asbestos standards pro hibit visible emissions from asbes tos mills, selected manufacturing operations, and spray-on applica tions. The use of asbestos tailings for roadway surfacing generally is prohibited. Certain work practices are specified for the demolition of buildings in order to control asbes tos emissions. These practices gen erally prohibit the dropping of as bestos debris from buildings and
Gloves and mittens are a major item of protective equipment utilizing asbestos. Special treatment of asbestos fabric assures "locking-in" of fibers, preventing fraying and unraveling. Such treatment obviates any need to label the product os a possible health hazard. Asbestos material so treated meets OSHAct standards as set forth in the Federal Register, Vol. 37, No. 110, dated June 7, 1972. (Photo: courtesy of Wheeler Protective Apparel, Inc.).
require the wetting of asbestos ma terials before removal. The demoli tion standards apply to all struc tures except homes and apartment buildings with four units or less. -- End.
REFERENCES
1. Merewether, E.R.A., "The Oc currence of Pulmonary Fibrosis and Other Pulmonary Affections in As bestos Workers," Journal of Indus trial Hygiene, Harvard School of Pub lic Health, Cambridge, MA 02100, Vol. 12, No. 5, 1930.
2. The Target Health Hazards, U.S. Department of Labor, Oc cupational Safety and Health Ad ministration, Washington, DC 20210.
3. Environmental News, U.S. En vironmental Protection Agency, Washington, DC 20460, March 30, 1973.
BIBLIOGRAPHY
Criteria for a Recommended Stan dard . , . Occupational Exposure to As bestos. U.S. Department of Health, Edu cation, and Welfare, Public Health Serv ice, Health Services and Mental Health Administration, National Institute for Occupational Safety and Health, Wash ington DC 20000.
Accident Prevention Manual for In dustrial Operations, 6th Edition, 1972. National Safely Council, 425 N. Michi gan Ave., Chicago 60611, 1,654 pp.
"Excerpts From the Criteria Document, Recommendations for an Asbestos Stan dard," Journal of Occupational Medi cine, Industrial Medical Association, Mayo Publications, 4936 Highland Ave., Downers Grove, II 60515, Vol. 16, No. 4, April 1973.
"Excerpts From 'Standard for Expo sure to Asbestos Dust' " Journal of Oc cupational Medicine, Industrial Medical Association, 4936 Highland Ave., Down ers Grove, IL 60515, Vol. 16, No. 4, April 1973.
Sargent, E. Nicholas, M.D., George Jacobson, M.D., and Evelyn E. Wilkin son, M.D., "Diaphragmatic Pleural Cal cification Following Short Occupational Exposure to Asbestos," The American Journal of Roentgenology, Radium Ther apy and Nuclear Medicine, American Roentgen Ray Society, American Radi um Society, 301 E. Lawrence Ave., Springfield, II 62703, Vol. 115, No. 3, July 1972, pp. 473-478.
Section 1910.93a, "Asbestos Dust," Self-Evaluation Checklist/Based on OSHA Standards, General Industry--Part 1910, Subpart G, Health and Environment. 1972. National Safety Council, 425 N. Michigan Ave., Chicago 60611, (NSC Stock No. 115.18-0093a).
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1 JM107309
Reprinted from National Safety News National Safety Council 425 N. Michigan Avenue Chicago, Illinois 60611
Printed in U.S.A.
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hi.17-87
nr
0 NEWSRECEIVED
JAN 7 1976
^OTES
nopih MtB,CA ASBESTOS INFORMATION ASSOCIATION 1660 L Street. N W , Washington. D C. 20036 (202) 223-4885
31 December 1975
Comment Date for OSHA Standard Extended - Following numerous requests to extend period for filing comment on proposed revision to asbestos standard, OSHA announced new date, from Dec. 8, 1975 to Feb.' 9, 1976. Comments to be submitted to Docket Officer (H-033), Department of Labor, N-3620, 200 Constitution Ave., N.W., Washington, D.C. 20210. All material received will be available for public inspection.
Task Force Activities - At meeting in Arlington, Va., Dec., 11, AIA/NA Directors unanimously approved indus try program to respond to OSHA's proposed revision to asbestos standard. Program was presented by Guy G. Gabrielson, Jr., chairman of board for Nicolet Industries who heads task force response to OSHA.
At same meeting. Dr. Donald Matzzie, project director for CONSAD Research Corp., firm under OSHA contract for study leading to government required in flationary impact statement on proposed standard, out lined procedures for accomplishment. Parameters of OSHA's addressal to asbestos standard were discussed with Ass't. Secretary of Labor (OSHA) Morton Corn and staff members in meeting Nov. 20 attended by AIA/NA president Dougherty, Gabrielson and executive director Mereness.
More than 500 letters have been sent to manufacturers and processors of asbestos products inviting participation in AIA/NA information gath ering program of technological feasibility and economic impact data. Response clearly indicates industry concern and desire for sound scientific and economic data as basis for realistic standard.
. Consulting firm Roy F. Weston, Inc., under contract to AIA/NA for industry profile study, has distributed questionnaire to cross section of in dustry. Firm is conducting on--site interviews and obtaining input by letter and telephone. Analysis of data will be made at Jan. 21-22 meeting in West Chester, Pa., headquarters of Weston.
AIA/NA Standards and Technical Committee will meet in Washington's Mayflower Hotel, Jan. 26-27 to work on draft of technological feasibility and economic impact report.
UCC 015348
Page 2
D r . H a n s W e i 1 i A I A / NA me d i c a 1 a d visor , w ill
he a d g r 0 u P o s c i e n t i s t s fo r e a r 1 y J a n . con f er ence
i n U K . , a s pa r t 6 f res e a r c h a n d da t a analys i s for
med i c a i r e p o rt o n 0 s HA p r op o sa i . A d e q u a c y o f e X t ens i o n o f c omme n t period t o Fe b.
9 - n o t a n n o un c e d u n til D ec . i 7 - i s questio ne d by
all c o n c e r n e d . M i n i mum o f 1 20 d a ys w a s requ e s ted
by A i A /N A a n d o t h e r s
N e ve r th e 1 e s s , A IA/NA ex pect S,
a s a n n o u n c e d t to p r e sen t me d ic a 1 r t e c h nologi ca 1
f e a s i b i i i t y an d e CO n omi c imp ac t r epo r t s with s umma ry s ta t e m e n t a n d r e c o mmend a t io n s a t me e t i ng in Ma y f lo we r Hot e i , w a s h i ng t o n / F eb . 4 f o r e n d or s e ment by P ar-
tic i p a t i n g c omp a n i e s , u n i on s a n d as s o c iation s pr io r to f o r m a i S u bm;i t ta i to os HA by F e b . 9 . deadl in e .
Corn Testifies Before House Subcommittee - On Dec. 8 Morton Corn, Assistant Secretary of Labor (OSHA), told House Education and Labor Subcommittee on Manpower, Compensation and Health and Safety that, while economic and technological factors are essential considerations in standards setting process, principal consideration in preparing a standard is safety and health of workers. Corn said OSHA will put more emphasis on health inspections, consultation and education services for employers and make standards easier to understand. He said he will direct his efforts toward raising professional level of OSHA and will utilize expertise available from sources outside govern ment in occupational safety and health field. Corn stated latter intention is reflected by revitalization of National Advisory Com mittee on Occupational Safety and Health (NACOSH). (see below)
Five New Members Join NACOSH
- Labor Secretary John
Dunlop has appointed following to National Advisory
Committee on Occupational Safety and Health (NACOSH):
Dr. Miles Colwell, vice president, health and en
vironment, Aluminum Company of America; Dr. Paul
Kotin, senior vice president, health, safety and
enviornment, Johns-Mansville Corp.; Edward N. Deck,
manager, corporate safety and security. General
Electric Co.; Dr. Mary Amdur, Harvard School of
Public Health, and Dr. Harold R. Imbus, medical di
rector, Burlington Industries. Committee met Dec.
11-12 to program close working relationship with OSHA
in policy formulation. In addition to Assistant
Labor Secretary Morton Corn, speakers at meeting
included Dr. John Finklea, NIOSH director and
Marshall Miller, Bert Conklin, Barry White and Grover
Wrenn of OSHA staff.
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Page - 3
Controversy Regarding "New Evidence" - NIOSH paper cited as "new evidence" in OSHA's proposed asbestos standard has resulted in controversy within medical/scientific community. Paper entitled "Mortality Patterns among Hard Rock Gold Miners Exposed to an Asbestiform Mineral" by Gillam, Wagoner et al (1975) was pre sented last March at New York Academy of Sciences Conference on Industrial Carcinogens. Paper challenges adequacy of OSHA 2fiber standard; present NIOSH asbestos sampling and analytical methods; and, potential adverse health effects among general, nonoccupational populations exposed to industrial waste disposals and industrial process effluents containing trace concentrations of short-fiber, noncommercial asbestos minerals. Dr. Paul Kotin, senior vice president for health, safety and environment, JohnsManville, Corp. identified certain "inaccuracies and inconsisten cies" in data presented and urged changes in paper before pub lication in order to preserve scientific accuracy. Drs. Kotin and Hans Weill, AIA/NA medical advisor, attended meeting of government and industry representatives at NIOSH Dec. 15 to discuss issue. It is understood Academy will include commentary of Dr. Kotin with publication of paper in forthcoming proceedings of Conference.
EPA Standards for Safe Drinking Water - Interim Primary Drinking Water Regulations applicable to U.S.'s public drinking water supplies (about 240,000 public water systems) were published in Federal Register on Dec. 24. Standards set max imum contaminant levels (MCL's) for bacteria, tur bidity, and a number of organic and inorganic chemicals that have been detected in drinking water; they also prescribe minimum monitoring frequencies for water supply systems. Regula tions do not list asbestos as a contaminant, however, preamble states EPA is concerned about possible need for asbestos monitoring as a mini mum requirement and agency is conducting research and cooperating in research projects to develop criteria for establishing needed limits as quickly as possible.
New AIA/NA Members - Monsey Products Company, Kimberton, Pa., and Rostone Corp., Lafayette, Ind., became members of Association in Dec.
UCC 015350
Paae
4
Mew Navy Directive on Asbestos - U.S. Navy's Commander, Naval Sea Systems Command issued directive on Oct. 24 (NAVSEA In struction 5100.2) establishing policy on elimination of asbestos in ship construction and maintenance and directing certain actions toward reduction of asbestos dust exposure. Specifi cally, Navy's policy is: "Asbestos and materials containing asbestos shall not be used in the construction, overhaul, re pair and maintenance of naval vessels nor shall such materials be used in any facility or operational application where suit able alternate materials have been designated. However, in locations where asbestos materials are properly installed rip out operations shall not be performed for the sole purpose of eliminating asbestos." Instruction applies to all asbestoscontaining materials but implementation details are currently available for thermal insulation only. Directive further pro vides for expansion of implementation areas as substitute mater ials may be developed.
OSHRC Rules on Medical Examinations - In 2-1 ruling on Nov. 14, Occupational Safety and Health Review Commission (OSHRC) issued de cision that an employer whose employees are engaged in occupations which require exposure to concentrations of airborne asbestos are required to provide, or make available at his cost, medical examinations for employees re gardless of levels of exposure. Commissioner Robert D. Moran dissented and described rul ing as "utopian and clearly unreasonable." He noted asbestos standard as propo sed Jan. 12, 1972, required medical examinations for employees exposed to asbestos dust "in excess of the limits specificed ..." Standard as published June 7, 1972, differs substantially in that medical examinations are required when employees are engaged in occupations which expose them "to airborne concentrations of fibers." Further, countless employers who read limitations of proposed rule would have supposed there was no reason to participate in rulemaking process because their operations would have been unaffected. Moran concluded since statute requires Secretary of Labor to publish "proposed" rules in Federal Register, current asbestos standard, published June 7, 1972, was not subjected to public scrutiny and is void because of improper promulgation. Case assigned OSHRC Docket Nos. 3203, 4008 and 7335. Copy of decision available on request.
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Page - 5
Bill Containing OSHA Appropriations Vetoed - Departments of Labor and Health, Education and Welfare appropriations bill for fiscal 1976 containing $116-million for OSHA was vetoed by President Ford on Dec. 19. House will consider veto override Jan. 27. President cited economy reasons for his actions. Bill is of particular importance to OSHA since it provides increase of $14-million over fiscal 1975 budget and expresses congressional intent for improvement of OSHA operations. Conference report directed OSHA conduct retraining of compliance officers, simpli fication of standards, redirection of inspection priorities to place more emphasis on occupational health and work places with poor health and safety records; and development of an effective on-site consultation program.
House Passes On-Site Consultation Bill - H.R.
8618 authorizing federal on-site consultation
for employers upon request was passed by House
on Nov. 17 and sent to Senate. Consultation
program would be separate from OSHA enforcement
activities and give priority in filling requests
to small businesses and hazardous industries.
Organized labor opposes bill.
(N&N Sept. &
Dec . )
Employees Not Entitled to Walkaround Time - U.S. Court of Appeals for District of Columbia ruled Nov. 28 that employers are not required by OSH Act to pay employees for time spent in accompa nying OSHA inspectors in walkaround inspection of employers' plants. Court found no indication that Congress intended employees' right to participate in an inspection should neces sarily result in increased costs to employer.
Standard for Labeling Hazardous Materials - No decision reached by OSHA on proposing stand ard for labeling of hazardous materials. Rec ommendations of Advisory Committee this sub ject have been under review by agency since June. As alternate to issuing separate stand ard covering hazard warning (labeling, data sheets, employee indoctrination), OSHA may incorporate such requirements in future safety and health standard proposal's.
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Page - 6 -
Government Meetings on Asbestos - Two government sponsored meetings of special interest to asbestos industry are scheduled in January:
Hazardous Materials Advisory Committee of EPA's Science Advisory Board - Meets 9:00 AM, Jan. 8-9, Room 1112, Bldg. 2, Crystal Mall, 1901 Jefferson Davis Hwy., Arlington, Va. 105page document, "Review of the Environmental Effects of Asbestos," prepared under EPA contract to Oak Ridge National Laboratory for National Environmental Research Center, Cincinnati, will be reviewed. Document in draft form is not a criteria document, rather an historical review prepared prior Nov. 30, 1974. Limited distribution made by AIA/NA Memo, of Dec. 24 - copies available on request. Contact is: Dr. J. Frances Allen, EPA, (703) 557-7720, (Federal Register, Dec. 22, p. 59241). AIA/NA staff member will attend.
OSHA Advisory Committee on Construction Safety and Health Meets 9:00 AM, Jan. 21-22, Room N-3437, A-D, New Department of Labor Bldg., 200 Constitution Ave., N.W., Washington, D.C. Committee to discuss revisions to "asbestos rules with refer ence to alternative administrative and engineering controls, medical surveillance and medical and monitoring record proced ures, as well as other problems of application and responsi bility." Announcement notes exclusion of construction industry in proposed revision to OSHA asbestos standard with intent of developing and proposing separate revision to standard for con struction industry. Meeting is considered highly significant in view approaching close of comment period on proposed revision to asbestos standard. Contact is: Jay Arnoldus, OSHA, (202) 523-8024, Federal Register, Dec. 24, p. 59502). (AIA/NA Memo. Dec. 29 refers).
UCC 015353
' "riling on
Cancer and Environment
STOCKHOLM (UP1) -- The three American win ners of the 1975 Nobel Prize : in medicine today blamed ! environmental factors for i up to 80 percent of human cancer.
About half of the cancer from these factors could be eliminated, but the popula tion appears to ignore ex pert advice, they said. The three researchers said the most prominent cancercausing factor was ciga rette smoking.
Profs. David Baltimore, Howard M. Tern in and Renato Dulbecco won this year's prize for their "dis coveries concerning the interaction between tumor viruses and the genetic material of the cell.
Appearing at a news con ference prior to the Nobel Prize awarding ceremonies Wednesday, Terain, of the University of Wisconsin, said:
"Well over half or up to 80 percent of cancer in human beings isiliused by things in the environment. The-first thing is to recog nize them and the second is to remove them. If they were removed, about 50 percent of these cancers could be prevented.*'
Baltimore, from the Massachusetts Institute of Technology, said even if these factors were identi fied, he doubted the popula tion would heed the advict of the experts.
"People still smoke," he said. "The number of youngsters smoking is apI palling."
The Washington SW
Moaday, Dfmbn 8, 1975
Federal Government
on asbestos fibre air pollution
from the Ottawa laiaaa
of Tha data and Mail
OTTAWA -- Acting Envi ronment Minister Romeo LeBlanc announced yesterday a federal BmTTon the permit
ted concentration of .fibres in the air surrounding asbestos mining, mill and dry rock storage operations.
The limit of two fibres a cu bic centimetre is Imposed as a regulation under the federal Clean Air Act
The federal limit is similar to that now in force in Ontario but considerably stricter than the five fibres a cubic centi metre permitted in British Columbia, in Qucli-v. where
safety considerations have been the subject of a pro tracted dispute between min ing companies and the Con federation of National Trade Unions, the companies had been urged by the provincial Government to meet the fivefibre limit by 1978.
Although worker safety falls with in provincial Govern
ment jurisdiction the federal Government has authority un der the Clean Air Act to regu late the environment and dis charges into the environment.
The federal Government lias chosen -to act under the Clean Air Act although tbc former environment minister
THE GLOBE & MAIL TORONTO, ONTARIO, CANADA
Asbestos fibers
DEC 1 6 1975
Jeanne Sauve. at one time duesttooed whether she had the authority to regulate in side-plant conditions.
Aatetaafibres ingested from ther or have bgeivBbqwn to cause a rare 5cm oFkng cancer and asbesfogis, a'fatai respiratory Hljfease. The symptoms of the sometimes do. not become ap parent uadi 10 to 20 yean after exposure.
In .making the announcemoft. Mr. LeBlanc said that jyihitioo-control technology available to -the industry has bear proved capable of meet ing the new regulations.
Regulations are also being developed to control other sources of asbestos-fibre emissions in mines and mill* such as drilling operations and the handling and disposal of tailings.
possible hazard
to everyone?
e CSIeiss Daily Maws Sarvka
CHICAGO -- Asbestos fibers, previously identified alTThaxaxito Industri al workers, have been shown, to produce lung-tissue changes in the general popu lation, medical scientists say.
They reported finding lung changes in 10 men who were being routinely Xrayed. The men, all Navy personnel, had no occupational exposure to asbestos.
Dr. Charles W. Ochs and Dr. John P. Smith, medical officers at the Bethesda Naval Hospital in Maryland, said most males over 50 probably have asbestos fibers in thair lungs and 5 per cent prob ably have tiasue changes as a result.
So far the changes have not caused canc&>, ur. Ochs told the Radiological Society of North America, but he said there is a possibility that they could, in some cases.
Growing exposure to asbestos in the environment is probably responsible for the new hazard, said Ochs.
Asbestos is used in cardboard, tiles, gutters, drain pipes, electrical insulation, pipe covering and a wide variety of other building materials. Vinyl asbestos floor tile also may be a significant source of airborne fibers.
`The major source of environmental asbestos, however, results from the au tomobile," said Ocbs. "Brake linings, clutches, mufflers and transmission give off fibers."
He estimated 2.5 million tons of as bestos enters the atmosphere in a year.
Ochs believes it has taken 20 or 30 years of exposure to asbestos for the fibers to show up on routine lung X-ray pictures.
Detection of asbestos fibers hy X-ray should become more common in the next 20 years as people are continually and increasingly exposed to asbestos, he said.
The inhaled fibers accumulate in the pleura of the lung's lining and cause a thickening.
About two cases a month are now being detected at Bethesda Hospital, Ochs said.
THE LOUISVILLE TIMES LOUISVILLE, KY.
DEC 8 1975
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UCC 015355
Ashestos terete threaten office trorkern
By Sturt Auerbach
The Washington Poit
Yale University removed all the fibers come loose and are circulated
ceilings from its 10-story S c h o o 1 of through the air conditioning and
Art and Architecture because the heating systems. Nicholson estimated
amount of asbestos floating in the air that half' the new office buildings in
from them "reached levels known to the country and virtually all of {he 1,-
cause cuncfr featha.
dOCHxiildings put up in New York be
The University of California at Los Angeles did the same thing in one of
tween 1968 and 1970 used that meth od of fireproofing.
its new dormitories, because students In New York alone, 700 tons of as
roughhousing in their rooms shook bestos woe sprayed in buildings in
loose the. cancer-causing asbestos fi 1969 and 1970 as fireproofing. The
bers.
spraying stopped in 1970, aa word of
The Yale and UCLA experiences are just two examples of what looms as a major ocjupa'ional health hazard for millions of American office work ers in New York City and elsewhere.
its health hazards to workers spread; akd sow there is little if any asbestos spraying in the city, although the as
bestos remains in the buildings. The Mount Sinai study checked as
bestos levels in 19 buildings in five ci
A new study by the Mount Sinai ties across the country--New York,
School of Medicine's environmental Boston, San Francisco, Berkeley and
s c i e n c e s laboratory in New York Chicago. It found little additional
found dangerously high levels of as- contamination in buildings where the
b e s t o s- fibera in office buildings asbestos was mixed with -light cement
around the country. "We are seeing before it was sprayed.
inside the office buildings concentra Four of sir buildings in which as
tions that are as high as we saw in bestos mixed with water was sprayed
areas near asbestos plants or where showed levels of asbestos fibers aver
spraying was being done, where there. aging three times higher than asbestos
has been illness or death," said Dr. in ' the outside air. "It waa worse in
W i 11 i a m J. Nicholson, who ran the the newer buildings," Nicholson said.
Mount Sinai study. `This significantly increased the risk of cancer to peo ple who work in those buildings on a day in and day out basis."
The idea of condemning buildings is not a happy one for New York offi cials. "I don't know what we can, do rapidly," Dr. Edward Ferrand of the city's department of air resources said. Nicholson recommended in stalling filters in buildings to screen out the asbestos fibers, but Ferrand said he isn't sure that would work. The federal Environmental Protec tion Agency, which financed - the Mount Sinai study, also is looking info a possible solution.
Affected are thousands of buildings put up across the country between 1958 and 1970, many of them in New York and in Washington, in which as bestos replaced concrete as the fire-re tarding wrapping for steel beams. By 1970, the large office buildings in the country used asbestos spray.
One method was to spray a mixture of asbestos and water directly on the steel beams. Over time, the asbestos
In addition, the study found four oth er buildings in which asbestos was sprayed for either acoustical or deco rative reasons in which there were ab normally high levels in some rooms.
Adbestos levels are hard to mea sure, and there is no known threshold level between safe and unsafe ^snposure. "We are finding asbestos disease at lower and lower levels," Nicholson said.
About seven in 100 asbestos insula tion workers die of mesothelioma, a cancer of the lining of -the chest and abdomen tiiat occurs about one in 10,000 times among the general popula tion. The spread of cancer follows the workers from the job into their homes and neighborhoods, where the levels are much lower. One in three mem bers of families of asbestos workers in Paterson, N.J., showed X-ray signs of exposure to asbestos fibers. About one in 100 of them dies of mesothelioma, according to a Mount Sinai study done by Dr. Henry A. Anderson.
Those people are being exposed to levels about the same as Nicholson's
team found in some office build
ings. /n
NEWSDAY GARDEN CITY. N. Y.
DEC 11 1975
Asbestos hazardous
to workers, families
By PATRICIA WILLIAMS
NIAGARA FALLS, Ont. (DON) -- An estimated 40 per ceht of -all fatalities among members of the Asbestos Workers' International Union in Canada and the United
States are caused bv asbestosrelated diseases, a untoncaF vention was told.
panels or when pipefitters are catting asbestos pipe or when floor finishers are sanding as bestos floor tile.
He-said painters have an "enormous" occupational health problem, being' ex posed not only to drywall sanding but also to epoxy
Roy J. Steinfurth said as paints, chemicals, solvents
bestos can pose a health haz and sandblasting.
ard to other trades as well He said laborers are one of
as to families of asbestos the "most over-exposed"
workers.
trades, being exposed to toxic
He said there have been many documented cases of workers' families suffering
dusts and chemical solvents in
dean-up work on construction sites.
from asbestosis, mesothelioma TIME LAG
(a rare cancer) and other usu ally fatal diseases associated with the trade.
Steinfurth is administrator of the Washington-based in sulators' health hazard pro gram. an educational and re search group set up by the asbestos workers' union in 1972.
The program was estab lished, Steinfurth said, "be
Dr. Irving J. Selicoff of the Mount Sinai School of Medi cine of City University, New York, said there is a time lag of about 20 years between the initial exposure to asbestos and the appearance of an as bestos-related disease.
"As a result, workers are being lulled into a sense of false security," said Selicoff, an acknowledged U.S. expert
cause of the inexcusable and needless increase in the num
on the subject. He said two-thirds of all
ber of severe illnesses, total disabilities and deaths among
-asbestos is used struction trades.
in
the con
members of the union."
He said sdentists don't yet
HIGH INCIDENCE
Steinfurth said studies have shown that there is a high in cidence in the numbers of people contacting occupational diseases from being indirectly or lightly exposed to asbestos.
He gave .several examples: Working near asbestos workers. Working near pipefitters or boilermakers when they
know the effect of fibreglass on humans. "But we know it causes cancer in animals."
Steinfurfi) said be hopes it doesn't take as long to deter mine the effect of fibreglass on humans as it has with as bestos.
They spoke at the annual convention of the FTovindal Building and Construction Trades Council of Ontario.
are stress-relieving welds
which are usually wrapped
with asbestos' paper or doth.
Working in dose prox
imity when painters are sand
ing the seams of drywall
DAILY COMMERCIAL
NEWS AND. CONSTRUCTION RECORD
NOV 11 1975
UCC 015356
- -;
^ - .-u- '
,..^4**%
INDUSTRIES
The seller's market in asbestos
Producers of asbestos have been push ing up prices in big jumps this year, and more of the same is in store for 1976. As a result of their moves, the costs of a vast variety of products that use asbestos--from brake linings to boiler gaskets and floor tiles-are mov ing up steadily and will continue to do so next year.
This year's troubles- started with a disastrous fire at a major Canadian as bestos mine and a landslide that halted operations at a second large mine. Then a wave of strikes, including one seven-month shutdown, crippled addi tional Canadian production. Canada, the world's largest asbestos producer, supplies about 95% of the asbestos used in the U. S. Normally it produces about
1.8 million tons annually, but this year that figure will be down by some 40% to only 1.1 million tons. Output is back to normal now, but producers point to costs and narrow profit margins and maintain that these will force them to keep on raising prices.
The price boosts that followed the di sasters and the labor settlements came fast. Canadian Johns-Manville Co., which with a rated output of almost 700,000 tons annually is Canada's larg est asbestos producer and the industry price leader, started out the year with a 17% increase. It followed with a 7% jump in May and an additional 15% in
crease on long-fiber asbestos this month. "It's a seller's market now," says one Johns-Manville executive.
Users are worried, and some are bit ter. "Our suppliers have a 'spear your friends' policy," says Hugh M. Wells, president of Cincinnati-based Blemker Co., which uses large quantities of as bestos to make gaskets, brake and clutch facings, and insulating cloth tape. ''Because of that policy many of our materials costs have doubled in the past 12 months. We've bad to double our own product prices in that same pe riod. And I expect materials prices to go up at least another 10% to 14% early next year." Bootleg asbestos. Most users tried to plan ahead in anticipation of price rises and shortages earlier this year but
many still suffered. Frank J. Mattes III, controller of Gardner-Martin As phalt Corp., a Tampa CFla.) roofing product maker, says his company built up sizable inventories of asbestos early in the year but when strikes and short ages hit "it was nip and tuck for us for four months." Once the inventories were worked down, says Mattes, "we had to buy asbestos bootleg and had to
pay as much as four times our normal price for it."
Johns-Manville's estimates for next year give users little hope for anything better. The company figures that out put will not catch up with demand fof at least three to five years. Asbestos markets were barely touched by the re cession. It takes about three years to get a new mine into production. De spite rising prices, only one major new mine is under construction in North America. That belongs to Abitibi As bestos Mining Co., 55% owned by Brinco Ltd., of Montreal, a subsidiary of Rio Tinto-Zinc Corp.
One user that is also a producer, Jim Walter Corp. of Tampa, Fla., also is worried about rising asbestos prices. Its Celotex Corp. subsidiary, which buys some of its asbestos from the company's own Canadian mine, last month raised by 6% the price of its as bestos-containing coatings. Substitutes. Some users have been pressing the hunt for substitutes for asbestos but so far they have had little success. Richard T. McDermott, presi dent of A. W. Chesterton Co., a Stoneham (Mass.) maker of mechanical pack ings and seals for pumps and valves, is studying the use of Teflon and graph ite fibers as substitutes for asbestos.
Rising costs and narrow margins force producers to keep boosting prices
But, he admits, "for the time being as bestos is still a critical material for this company's products." This means a very bleak outlook for McDermott who expects a 25% increase in the price of the asbestos fibers he buys early next year and doubts he will be able to pass all of it on to his customers.
"Asbestos is close to pricing itself out of the market," asserts Anthony Notorangelo, president of General Gas ket Corp., a St. Louis (Mo.) producer of boiler gaskets. "Ceramic materials have been around for some time that would replace asbestos in some appli cations," he says, "but in the past they were too expensive. Now they are look ing a lot more attractive." Still, Notorangelo's company has not switched to ceramics because asbestos still main tains a slight price advantage.
Some asbestos users fear that they are bound to lose markets to competing products if they cannot find substitute materials. Certain-Teed Products Corp., for example, makes asbestos pipe, and it fears that if it keeps pass
A landslide at Johns-Manville's mine at Asbestos, Quebec, crippled production.
ing along higher asbestos prices, buy ers will shift to using cast iron pipe. "Our price increases will lead people to use competitive products," says' W aidfried R. Werner, Certain-Teed's prod uct manager. The company's pipe prices have increased 70% Bince 1973, largely because of asbestos. Safety standards. New occupational safety and health rules are also press ing users to seek asbestos substitutes. Current rules require that workers can not be exposed to an atmosphere con taining more than five 5-micron fibers of asbestos per cubic centimeter of air in an eight-hour day. This standard will be tightened next July.
Some companies are losing sales rather than meet the cost of reaching these standards. Western Chemical & Mfg. Co. of Vernon, Calif., tried substi tuting mineral wool and fiber glass for asbestos in the flooring materials it produces but found that these could not compete with asbestos-containing products. "We found that there's really no replacement for asbestos," says Gareld W. Johns, president.
Asbestos producers worry about the long-term impact of the safety issue, especially because the U. S. rules have prompted Canadian asbestos miners to demand greater protection, which leads to higher-cost mining operations. But they seem to have little fear that either rising prices or safety concerns will soon lead to the development of economic substitutes . for asbestos. "There'll still be confusion in this in dustry, especially for users, for at least two years," says William W. Oughtred, president of Asbestos Corp., a major Canadian producer that is 54% owned by General Dynamics Corp. "But for the long haul I'm very optimistic."
INDUSTRIES
BUSINESS WEEK- December IS, 1975 4>
BUSINESS WEEK
UCC 015357
UNION CARBIDE CORPORATION
270 PARK AVENUE. NEW VORK, N.Y. 10017
RECEIVED JAN 6 1976
certain areas upon which I feel we should comment, both from a labor relations and general legal stand point -
In Section II of the proposal, "Toxicological Con siderations of Exposure to Asbestos" OSHA advances opinions and states "facts" based solely upon that which is rather innocuously classified medical evidence or medical research. Experience has shown that governmental agencies habitually rely upon evi dence that is either sparse or unreliable. OSHA should therefore be compelled to present well re searched, competent and complete evidence as to the effects of exposure to asbestos. This would be a change from the type of evidence generally presented v/hich is of a quality that would be severely questioned in a courtroom, and I see no.reason why OSHA should not be held to courtroom standards.
A portion of the discussion in Section II C (2)(a) is devoted to the greater risks of contracting lung cancer risked by asbestos workers who smoke. Obviously, in such cases the chance of an employer incurring lia bility for a "work related ailment" is increased by the employee's non-work related activity, e.g,, smoking. This issue should be discussed in any response to the proposed standard. However, although we raise the' issue with little difficulty, solutions are harder .
UCC 015358
Messrs. J. B. Rhodes VJ. C. Thurber
December 31, 1975 Page 9
to arrive at. Suggestions such as adjustments in lia bility insurance whereby a portion of the premium might be paid by the smoking employee, partial releases by the "smoker" employee, or partial "hold harmless" agreements, might be possible solutions worthy of dis cussion.
Another problem area which should be the subject of comment and criticism is the burden placed upon small businesses b;y the proposed standards, es pecially the comprehensive monitoring requirements. Although comments and objections to this burden may not have a great effect on OSKA, it may lay the groundwork for later legal action by small business associations petitioning against the morass of governmental regulations which make profitable operation of small businesses next to impossible.
I am in complete agreement with the suggestion that we support the system of" "representative employee" monitoring, although organised labor will most assuredly voice its most strenuous objections to this section of the proposal. Admittedly, the monitoring of a "representative sample" is never the most accurate method of monitoring, especially considering evidence that individual reactions to asbestos or individual susceptibility to disease may be dependent, to some degree, upon age, sex, race, etc. The savings in money and the general reliability of the "representative sample" method, however, certainly outweigh its deficiencies.
As we discussed at our meeting several weeks ago, the proposal's provision for the transfer of employees unable to perform their assigned duties while wearing a respirator may cause problems in the labor relations area. The proposal calls for transfer or rotation of effected employees to another job in the same geographical area (which realistically would mean within the came facility) without loss of seniority, benefits, or pay rate. I think it is safe to assume that many employees and/or unions would object most vehemently to an employer's disregard of posting, bidding, and seniority pro visions of the collective bargaining agreement even though such disregard is mandated by OSHA. V'e could expect even more opposition so far as the "no reduction in pay rate" provision is concerned. There may be, in fact, a serious cuestion as to whether OSHA has the authority to promulgate standards e.nd
UCC 015359
Messrs. J. B. Rhodes W. C. T'nurber
December 31> 1975 Page 3
regulations that may, arguably at least, infringe upon the process of free collective bargaining. I do think that* is is fair to stabe that labor would have more trouble "selling" this provision to its members than management would have accepting and implementing it; however, the refusal of labor unions to accept this rule might result in making the provision unworkable.
One last legal issue raised by the proposed standards concerns the employees' right to refuse a medical examination. When we are concerned with exposure to a possible carcinogen, as we are in the case of asbestos, the employer is faced with a high degree of liability. It would be extremely dangerous for the standard to allow employees the right to refuse examinations with out affording the employer at least a small measure of protection. I would suggest two possibilities. First, employers should have the right, unhampered by con tractual grievance procedures, EEOC or NLRB investigations, to terminate employees who refuse to submit to medical examinations required by the standard. In the alter native, employees who refuse to submit to said exam inations could be required to execute and sign a release 1 agreeing to hold their employer harmless in the event < an ailment related to, or caused by, occupational exposure to asbestos is discovered at a later date. It is doubtful that the "release"wouid act as a '"total release" which would automatically free the employee from liability in the event a work related ailment is discovered; however, it would serve as grounds for an affirmative defense to the employees' workman's compensation claim.
I am not competant to comment on the technical aspects of the proposed standard, but I hope my analysis of those areas in which I think more detailed comments should be directed to OSKA vail be of some help. Please feel free to call upon me at any time for what ever assistance I might be able to give.
DI-FI: kak
UCC 015360
INTERNAL CORRESPONDENCE
BUSINESS CO N F I D E N T I A L
UNION CARBIDE CORPORATION P.O.BOX 1023. GRAND JUNCTION. CO 01501
METALS DIVISION
1"(Kame) Divistcn Location Area
Mr. W. C. Thurber Metals - Section J1398 Danbury, CT
Copy to
--
S. L. Baye R.F.X. Fusaro M. T. Manupella J. L. Myers M. A. Smith
R. F. Wolff
Qr yirac.ng Deot Area Subject
September 30, 1982
E/R - OccupatiojaaT'TleaTth ~"\
(lX- >
Calidria Asbestos PotentialLiability - Chemicals and Plastics Operations/Bound Brook, New Jersey
(2.2.23)
Mr. Wolff has asked me to review the subject noted above and to summarize the situation re Calidria Asbestos involvement. Basically, the Chemicals and Plastics Division manufactured asbestos containing phenolic resins at Bound Brook from the 1940`s through the early 1970's. These molding compounds are in themselves quite dusty, so during the early part of this period this was a quite dusty operation by present standards. (At least one serious dust explosion.) The contribution of the asbestos to the general dustiness has not been well defined.
During the time period in question. Union Carbide's Calidria Asbestos Depart ment supplied the quantities of asbestos to Bound Brook shown in Table 1. (Source - King City sales records.) It is evident from the table that Calidria was a small supplier, i.e., only about 265 tons (530,000 lbs) in 1965 and about 40 tons (probably experimental) in 1973 out of a very much larger total asbestos usage. The exact total is now being reconstructed by the Bound Brook location and is not yet available.
Many of the familiar names in the asbestos litigation are now involved in the Bound Brook action. They include Tony Mazzochi, Steve Wodka, and Dr. Irving Selikoff. The plaintiffs' law firm is Frederick M. Baron and Associates of Washington, D.C., represented by local counsel in New Jersey. They give the impression that they think they have a "live" one.
At the present time, about 100 of the employees have been examined by a team from Massachusetts General Hospital. Opportunity for examination has been offered to all employees, salaried and union. Results for 50 of these exam inations are back with 25 alleging some sort of lung changes relating to their occupational exposure. If this pattern is typical, at least 50 cases can be expected. Four workmen's compensation cases have so far been filed with three for asbestosis and one for mesothelioma. The latter employee worked one year for J/M in Manville and about 14 years for UCC.
UCC 015313
2- -
The mesothelioma case is particularly important because a third party liability suit has also been filed against Union Carbide as the asbestos supplier not as the employer. As you are well aware, Manville has filed for bankruptcy. A motion has been made by one of the defendants to stay all asbestos liability cases in New Jersey until the J/M situation has been resolved. This motion is due for a hearing on October 4, 1982.
If the stay is granted, the present thinking is that we will sit tight and see what develops. If it is denied, we will immediately file a motion for dissmissal on the basis that the plaintiff's recovery from UCC is limited to workmen's compensation. Although the New Jersey law is quite clear on this matter, a similar case in Ohio (Blankenship) was declared in favor of the plaintiff, based on the rationale of wanton, reckless, disregard. In the event the judge rules that we can be included, there is some same measure of protection against large losses in the fact that we were only a very minor supplier.
If you have any questions, please give me a call. I have asked Mmes. Smith and Baye to keep me informed of any important new developments.
Very truly yours,
HBR/sw Attachment
/(/
H. B. Rhodes
UCC 015314
TABLE 1
UCC METALS DIVISION SHIPMENTS TO
UCC PLASTICS DIVISION AT
BOUND BROOK, NEW JERSEY
Date
5/4/65 8/12/65 9/28/65 10/29/65 11/1/65 12/28/65
1965 TOTAL .
12/29/70
1970 TOTAL .
8/31/71 8/24/71 10/20/71 11/16/71 12/16/71 12/17/71
1971 TOTAL .
12/8/72
1972 TOTAL .
5/3/73 5/3/73 9/12/73 10/2/73 10/5/73
1973 TOTAL .
Pounds
110,000 100,000 100,000 100,000 100,000 120,000
. 530,000
210
210
2,100 2,000 6,000 1 ,040
510 105
. 11,755
4,000
. 4,000
26,000 25,100
510 17,850 17,850
. 87,310
Product
Filter Grade Open
tl ii ii II tl It ii it M M Ii H II l II
(265 Short Tons)
RG-144
(~0.1 Short Ton)
RG-101 RG-101
HPP RG-101 RG-101 RG-144
(~5.8 Short Tons)
SG-100
(2 Short Tons)
SG-200 SG-200X RG-110 SG-210 SG-210
(~43.7 Short Tons)
End Use Bakelite Phenolics
it H ii II ii II tl II H II
Unknown*
Unknown*
II II It II II
Baklite Phenolics
Bakelite Phenolics
il li it M It n II li
*These are highly refined products. It is very unlikely that they were used in in the phenolics and in any case the quantities are too small to be regular pro duction .
HBR - 9/3/82
UCC 015315