Document p6wRZYaMmG4rr1pYBJdw77jj

u--u M /-s.SK f^f1 ~j ; Accident Prevention wm 236-2163 Cate October 20, 1976 Subject: Industrial Hygiene - Legal Statement 0 u*s HMBB-0037 Hr, Willian H, Ziefel, Manager Industrial hygiene Se Safety Gateway cc: lir, W, Bickerstaff, B&D hOl 3x9 Mr, D. R. Hiestand, L-G-lS We are now conducting air samples of employes whose work atmosphere contains airborne concentrations of asbestos. These samples are sent to Headquarters Industrial Hygiene Department for evaluation and when the results are transmitted back to East Pittsburgh, the correspondence contains a legal statement. The statement mentions that the Headquarters Industrial Hygiene employe is acting as an agent of the Law Department and that the survey is to be treated as a "Confidential Legal Document." (See copy of such correspondence and legal statement attached.) The 0.S.H.A, law now requires that air samples be taken and in sane instances the results given to the employes. In other cases the employe questions the air in the work environment, air samples are taken and the employe requests the results of the survey. The legal statement has appeared on all correspondence that we receive from Headquarters Industrial Hygiene, and I am told that if we allow the employes to review the correspondence, then the confidential status is legally deleted. In addition, the employes know the air samples or Industrial Hygiene surveys are performed, and if needed, they could possibly subpoena this information. We are mandated by law to furnish the results of the air samples to the employes and the results from Headquarters Industrial Hygiene are to be treated as a "Confidential Legal Document," I would 'HE* to knar (a) If you feel that Headquarters Industrial Hygiene should continue to use this legal statement on all corres pondence (b) If it is continued to be used, how do we ccnmunicate with the employes and still maintain the legal status of the corres pondence as a "Confidential legal Document," This legal statement has concerned me for seme time and I would like your assistance in this matter. /ck Attachment r* PLAINTIFFS EXHIBIT s=2 u--g I - . -;*k weflinsttowt Electric Corporation t EAST PITTSBURGH Accident Prevention, AGIO ATTN: C. T. Brady Hr.tcnswfi- .>i-i^ijiishiv > i?w5;'* rl-lft P'-tft tvn October IS, 1976 Attached are the reaulta of air samples taken at various locations on various dates by several people. Please note that one of the saaples is just under the Federal (OSHA) liait of 2 fibers/milliliter; a pre vious sample (I.H. # 5101) of the same operation showed a result of 2.2. Note also that two of the saaples had to be rejected; one because the sample had been tampered with, the other Tor excessive dust load. Please advise the appropriate people of these results. If we may be of further assistance, please let us know. John F. Adams, Industrial Hygiene Engineer Corporate Industrial Hygiene Laboratory caa Attachaent LEGAL STATEMENT - Administering and assuring the compliance of Westlnghouse's plants with the Occupational Safety and Health Act is a duty of the Weetinghouse Headquarters Law Department and the Industrial Hygiene 6 Safety Department. To successfully complete this mission, plants must be inspected to determine choir present status in relationship to said Act. As these inspections sro routine and tloe-consuaing tasks, they oust, of nsctsaley, be delegated to other Individuals, as agents of the Law Department. Such persona art acting as agents of the Lav Department; and therefore, the survey is to be treated as a CONFIDENTIAL LEGAL DOCUMENT. HW86-0037676