Document pBXejKeKnNrrnjBKGND9XYR3k

AFFIDAVIT OF ROBERT C. COHEN STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ) ) ss.: ) . ORIGlf- PLAINTIFFS EXHIBIT ATA-4 ROBERT C. COHEN, of full age,upon hi* oath, depose* sand says: 1. I am principal in Che firm of Knipes Cohen Associates , a shorthand reporting service located at 400 Market Street, Philadelphia, Pennsylvania. 2. In 1978 Knipes Cohen Associates was designated as the official repository for docuaencs of the Asbestos Textile Institute. 3. In February 1980 the deposition of Doris Fagan, executive secretary of the Asbestos Textile Institute, was taken at the offices of Knipes Cohen Associates. _ 4. Ms. Fagan produced at her February 1980 deposition the origir.ial minutes of ATI aeetings as aaintained by her ss executive secretary of the Asbestos Textile Institute. ' 5. Froc the dace of that deposition, I have been custodian of records of chose originial ainutes. 6. The originials of the ATI ainutes have reaained in the drawers at the. offices of Knipes Cohen Associates under ay direction since Ms. Fagan's deposition of February 1980. 7. Whenever copies of those ainutes are requested by a party to the asbestos litigation, they are xeroxed by Knipes Cohen Associates' employees under my direction and are certified. 8. The copies of the ATI ainutes which I have provided are indicated as Exhibit "A" and are true and accurate copies of documents identified by Doris Fagan at her deposition on September 9* 1980. pge 9. There heve been no additions to* deletion fros or elteretions eo the doeuaents as identified by Ms. Fagan on Septeaebr 9* 1960. Sworn to end subscribed before j* 7^ ae this 4L day of October.1966 ii.6. tie Pfiti / i.v Ce.w.Nt,^ *sstci c,*'COJ.iSj ROBERT C. COHEN ASBESTOS General Mectinc June 7, 1373 ;uy Bridge Marriott, Arlington, Virginia In Attendance 7MA7EX CORPORATION W. Maaskar.t M. J. Scanlan XI. H. Halter gaslock r.;c. S. G* Binifc A* Kuznuk jobbs-masvxlie corporation C. G. Guerin T. P. Jackson J. P. Power (C.J-M) H. B. Reitte C. streib ::icoltt industries, i::c E. V?. Russell J. K. Vhittaker I* r?~STrr H. Satith last asbestos or ueeec ltt. . A. Farrell n. Lefelwre C. S. Stiefker. (Asareo) mrnufacturao jultipass ?.*. R. Amal Olivo chshplasex, TTic^nrjrr.v' t tatt E. J. Leif a:t:eica*? society for testing ano materials P. O. Nicudenus H. X. POSTER co*A?nrf Z. C. Pratt D. I. Childers J. w. Echercl L. Moody INC. asefstos tsetile institute .0. M. Paean, Executive Seer rArzrcrcs-vjc:iL*.rr;di, ric. M. M. Brooks G. W. Frargatcn, Jr. J. W. Eav/kinn R. T. Matthew* Q. Scewcroft 1. 1: Weaver v:zroyal, i::c. w. L. Rittinger E. E. Carden ! F. Bieringer E. A. Morris , asbestos corporation ltd* P. E. Leelcrc guests or ciiT. A Asterit 5.A. Mnrehollo Oattannn Adorr.r Atherton Infrrrtntien Asseci. North America Matthew ** Pwcter.ic Industrial Safest*/ Equipment Association Charles !i. suna/alt, 7r. n.S. Bureau of Minos Robert A. Clifton otal attendance during the two-day meeting was *.C people, inel 0 rientn and 3i men - representing 10 companies or associations rage 2 -- ATI General Jiucting C/7/73 H r u ? ns 1. The General Peering of the Asbestos Textile Institute war. c to ordar by President h. Q. Cockcroft at 1:C0 P..M., June 7, 1n 2. President Seoveroft velcened the nextbers and guests is atte oanco and introduced four guests; r.nmly, Jiatthev n. Swetonic, Executive Secretary, Asbestos Information Association/Porth An **arehcllo Cattaneo Adorno, Asberit 2.A.; Jtobort a. Clifton# bi' cf Nor-metallic Minerals, U.C. Bureau cf .'linen; and Charles Tt. . wait, Jr., Secretary/Treasurer, Industrial Safety Tquipnant Association, and nenber of its Safety Tearing Apparel Product ( 2. `Following past tradition. President Severe21 asked each nc: in attendance to rise and state his nano and coxtsany affiliatic 4. president Scovrcroft called for the roadine of the minutes oi last s tatad General Meetinn. It wan moved by A. r.utnuk, second by 7. P. Jackson, and so carried, to dispense with the reading sans. I Treasurer 2. A. Herris presented the Honors of Pusds of the Institute as of April 30, 1373. C. T. 5ti'*fhn rov^d the roper accepted. The notion vns saeondec! by . G. Ti::it and sc voted, unanimously. A copy of the full 'leport is attached to these `linutes. * C In the absence of **, p., Alcorn, the local Counsel address wa given by nueane J. Luff of Cadwr.iadcr, Vickershan . Taft. The text os his report is attached hereto. Mr. T.cff discussed two cases -- one concerned with the illegal division of the market, and the other noting a connection between anti-trust violations the private exercise of governmental power. 7. H. Srdth, Technical fc Gales Tcnrys^ntativc, 2c 11 Animates Mines ltd., delivered the Til-re Producers* Aeport {sou attached Mr. Smith stated that crudes and ultra-long spinning fibers con to be in short supply but Medium and short spinning filters from Grades 3P`to 3? arc in fair supply fro* nonr producers. ?,o she in thcss grades is feres son for*thu remninuur of this year end change in the situation is not indicated, at the wravnc tire. If74. ' 2i Tursuant to calling for Cour.ittro reports by the- rerstnjetivc Ciwimca President Seoveroft advised that C. C. Guerin had replaced l. Earnert on the ATI Technical Comittcts. 2a. following reports of V7I activities at the Corvnittrn levr yar- presented by the respective Chaimon to tha general tUiP.1 urt /. copy of each Puport is attached hereto, i.u.: * race 3 ATI funeral .'footing A/7/7H Air Hygiene s .'lanufacturirg - r.. r. Car ami Chairmen; A"ix>*5"to" Advisory - r. U. ilussull* Chat Technical - J. V,. reherd, Chatman; Fibor research Testing - C. Z. dt.icfk.cn, Chaiman: Tnvironnental Health - 1. F. Tier!;: for. 1?. it was related hy President Sccvercft that recent techncl Ijrcakthroughs in basic yam production techniques *nve ir.flu" the Institute to seok voider representation in its riar.kershic. was reported that ns a result, the ATI rear*; of governors h.e approved a chance in the Constitution and By-Z,av*r. of the Inst involving Associate .Membership roguirsnerts. Article III, r graph 2 tc) of the Constitution has been revise'', nr foliov*s: " weavers of ssbesens-oentaininn fabrics and tap^n, for resale such, who do not nanufactura the asbestos-contair.ir.<7 yarns us same, shall b-a eligible for Associate ::cnbcrship in this Inst. 11. President Ceovcroft referred to the nev identification ca: tnnt had beer, given to each w&nhcr in attendance, ashino that he returned to the Hnecutive Secretnrv for use at future mat: 12. As stated hy president Cecwcroft, there saer.s t:n bo scrv: c cuity vith the postal process in that none reservation carun *arriving at ATI headquarters. In nr. cndtr.vor to avoid undue pr at future nestings, it wn? advisad that each nen; cr who na:: *s rvsorvntioii vith the r.xacutivc S.crutary would receive a ^ric e;u\ot;icdgruRt within npproxinntily tor davs' tin;.. If cm d not arrive in due course, it would *s veil to so advise the r.c 13. The none Konarnl Ilewting of the*. Asbestos Tactile Institute ?;. hale: Cctobar I-r, 15:3 Cycirr.aru Harbor Club , iarwichpert, Ilasr.achusntts Const ."peaher win Ua hr. J. Corbett y.crnr.nlci, SpiOcnie?.cpitt .Bcdili University, and *u:dieal Adviser to ch.: rme^wc As^tstos : irg Association. ! President Bcowcreft advised that every effort is ''**in* node c.-iige th* wishes of the ncn^rsiip-at-larg:. hy r.chrdulir.n, *h: -v..r possible, future General uistlj.gs of the Institute so the* they and on Fridays. Beginning in l*'?*:, future ravtingr. will * February 7-0, 107*;, at the -tills Myatt Heuab, Charleston, tout; Carolina; June 6-7, 1??4, at Twin Bridges Harriott, "ashir.utor', T.C.; tptt*mber 25-27, 197 J, at "ho Cloister, r.c a Island, Georg rabruary G-7, 1275, at holiday Inn-Ind.ipendcncr. Vail, rhiladeip Pennsylvania. Tentative future nanting niton include "cata vtd Tluh, Ponca* Vdra J cach, Florida, in *'ctobui* l."73 and the .Marri m ;\sv Orleans, I.ouisinna, in February IT?-". v4t*T'*or,s introducing the Guest Ipeahnr, President Acm*srof.t r vJrrea to fivu booklets that were distributed nrior to collinr Pact. A Gositrru leu tine 6/T/73 moating to order. Just off the press, thfc booklets earc pl bv ths .\I?./:1A And arc entitled; Thu hastes lr.xorrr.tion A>s*a- Vork 1001C (bulk-rates on rerucst/. 1C. resident Seovercft introduced the Cuett raster: Matthe* C''utonic, Executive Secretary# ?.*:>estcs 7r.fcreation Assneinti Sorth Aaeriea. Mr. Svetoxtic (vhene profile is attached) disc the its formation, its history and -he -work it in dni behalf of the asbestos industry in the United States. 1:0 als talked about tbs ir-pact of 0SILh and E?A regulations to contro acount of asbestos dust in the atnoonhero* r.t discusser3, the tion: Way lias the Asbestos Industry/ been singled out by cover the press and various conservative groups? Ie stated that tk industry is passing through a crisis period in the and t closer tics between trade associations *'uid bc< beneficial. ; Sw:tonic advisee that ha has boon talking vith the press rhou asbestos and health since 1P03 and that out of ir>?-i?r report, only 2 were over 35. are dealing vith a ynunn and idcalxs* group, he said. Trer. a survey takon of the awarsners and att: toward the use of asbestos, it van discoverad that asbestos i: relatively unJ:nov*n to the general public. The situation chare little between urban and rural arena* It van interesting to r that the survey indicated that those in the l?l-?0 nrr hrmhet little about asbestos but that awareness increased in theta ir vic*..*ud v7ho twre between hZ and <J3 years of nge. A copy of *>. ih-otcaie's presentation, in its entirety, in attached to th-si* Minutes. * -r Ihero being no further business Ixs brought before t*v ir-ii-.ership, the r.aetinc t/as aijcumr- at approrJnntuly 2:30 r. as par a ncticn by . A. Tarroli, ;<'Cor.tu.*d r. A. Morris# nr. tnariir.cusiy apnrow.-r' ~y the attending rubbers. respectfully submit * j&o'-'t* -/ 6'/. yCA^r boris kngnn, ^ T;;:..evttiv-* ?ccr^tarv : Enclosed herewith is your copy of tins Constitution and -a/s cf the Asbestos Tn.rtile Institute# revised as of June $, ln72. Paragraph ? cf hliu Ay-Anva (png.; 7) is subject to nopro y the Internal Osv.vnuc Service. ^servos ti t- jtttit ort of 1 Salanee on Hand January 2, 1973 -- General Fund Reserve Fund Terry Cash Fund * 1.37**33 0.332.20 Total on Hand ........................................................ Receipts 7c reserve Fund -- Interest ad jus man t to 17/31/72 Dues dor Tear 1573 To General Tuns -- Too!: Tales Insurance Credits .Cl .250.r.o 115.2? 37.on Total -nceints Disbursements Rental of Office Space (5 nonths) 0 Telcohono (4 swaths) ::.J. Srwlevrant Tax (4th Ot.r 1772) Federal Income Tan Nth Ctr 1072) Federal Uacrnloynent Ta:t (Yorx 1F72) Federal Inccra/FICA Taxon (1st Ttr 1573) To. Ur.er?iny:.*ent Tax (1st f?tr 1273) Pa. Income Tax (1st. Orr 1573) Secretary*s !!ot w-.can {< months) Insurance for *'cv Office quarters restate, Printinn Offact unplirr., etc. Revision of Fibre Test Manual* Local Services r rxnmner. (4th ntr 15735 Score tar*/' s Travel rsmcnnn (2/72 mnttinc) Petty Cash vCUeh*rn 3*1-1.: _ Total Fishurcemor.ts . . . 272.30 135.57 3 3.7S 70.70 15.70 162.fi? 5.23 12.09 snn.no 1-15.70 . . *-r . * C*7.aC 173.1? 7S * *v " .'tasealculation frr.r. last otatcrer.t............................ n.MJ.Tcr o'i ;:rtr> n-r-L so, 177S . 7ur.ds an of ;nril General fund 7v.esa rvo Tund Potty Cash Fund 23, 1?7S 2 1,402.05 ir#40.7i *r. *r> vnrrx ~nn*t5 as of April 23, 1^73 -- Total runes ns lister. Above* Accounts Receivable (Loo): rales) Pumiwrn r, 7qui:;r>r.nt (p.or\in*\l value) jn . - ,, v-dkszz&f f/h TOTAL Assrrr . . . `total !.7*.rTT.r?*r.r. <u*?cc trull" sunnactar^T oris i. r^nn ........................................ - r. 21,31r.72 6.oo __________1no U!?j* v*' nr'*:' S "n . 5 21 . 5n tCrosonted at ATI General hunting, .Tune 7, 1^73, 'larriott, Arlington, Virginia] *r r*~ Thera has hn*n an incrennir.o dcr.nr.d thrrurhcu:: tin? ucrld ir. for a nursbor cf fibre graven, notably it *: Groin and 7 Grou* Aftor the fall-off in 1972 in 5 nr.u 6 nrov.u fibres, this na. has bvgun to recover# although not to th^ sn.r entent nr* th> previously-nentioned A. and 7 Croups. Of nain intorast to nnnbors of the. A.T.I. arc: tha spinning ; Croup 3 grades. Crudus and ulfcrn-lcr.g spinnings contir.no * in short supply, hut the n'.K'.iun and short snir.r.incs in the : 32 range are in fair sunply fror. most producers. no shortac foreseen ir. these grader, during 1972, althoucih individual p: cars nay he tight in sone specific cradincs. * Thvre aro no indications at present that thrrn '.'ill ho change during 197< ir. spinnings; however, ir. short fih curr-nt oversupply of CO fibres nay he closc.r to halar.c year. * a r.* tea. , ?im; One or two r.cv nines ir. Canada are schoch;I:J to esnw into pr ticn in 1975, hut there is no liheliheod that they will proh any spinning fibres. Che smne is true cf no*.' sourer* in /.us tralasia. unitor Vuchnic *-- Sitith ft rales Cap tes '-'er.tjs, : : r ii: : r Asbestos Tortile lastitutn June 7# 1971 - - Ley Eri?Ue ::-rr-ett, Arlington, ryirrrir.i The Coranittse act "ith sixteen ncsJjsrs and guests in attasdar.: representative of ter. ccnpnnies, ns follc'-'r: Amatsx Corporation n. H* Unitor# ?lorristo*-m, Pennsylvania ;-.sbcrit C.A. :i. Cattnnco (Adorno), nio ilc Jan-*a.iro# Crntii Cadwalader, wicfcersUan & Taft E. J. Luff , How Tori: City Canadian Johns-rianvillc Corrnnny Ltd. J. ?. Power# .Asbestos, Cuahsc Gtrioch Inc. f. C. Tixit# Palrtyra# Pew York Johns-ranvill3 Corporation C. G. Guerin# Jtanviiiu# *!;?.} Jersey *J. n. Tleitso# Tenvcr# Colorado Labe AnJvwtos of Ouv.hee Ltd. I. A. rarr*ail# York City A. L. Lcfehvro# nine1*. inka/ouchne . Porter Ccttnnny, Ir.c. C. bratt# Clinrlrtnr., T'orth Carolina C. tloody, Charlotte, *'orch Carolina Rsybostor.-;\an!iettnn, Inc. JU - Matihci.*# north Charleston# Pouth Carolina 1. :i. Ycsvor, r'.nr.hv'in, Pennsylvania l* Wniroyel, Inc. W. 0. r.ittinger# Tinnshoro, r-outh Carolina P. f.. Carder*# kognnnville# Cacrgin L. r. Ditsrirwjor# CidAlebury, Connecticut o ci ^otino included discussions in the following areas: dun (.i.'vur) counts iwprovcntnts# special checking# etc.; an-.1, rec onowrionens with OCHA inspections. Lien taking diist counts# one ct*i:i-ar.y no** it. nnir.g a narked of placing the filter intake valv.* near tv*: y**rnnr.: t rjouth and nor Pace 2 - Minutes o ;:n 7v* Air Itygicno r. I Ifr. Cemattac * ant! in sows cases will ur,. t'o units with the senerd on the employee's shoulder. Also, it was pointed out, again# that the; height cf the v~heing checked has sons bearing on the O.ust cnur.t. bust on samples, when checked by different neonic, shows a diffnrnr. a variation of as much hs 5 to 1 and an average cf. 40% vara plus cr minus, with naru variation on higher counts. Spacing of equipment using a larger area ar.:! using a stcor.i to rccrrculate the air has shewn sonc reduction in dust cou: *.ihcn stripping cards, use hoods placed ns lev as possible o' the arte and strip with a brush attached to a vacuum. Sort utilise the Abingten system when stripping cards. On*1? plant reported the use of a light spray (r-r-x) on nixes roughly 2%, while another plant sprays carrier only with a r of water and ban-sot. Soth plants report seme reduction in as a result of using the sprays. In a recent olant inspection by orsKT., cnc company received s fines for the following items: ' 1) Sene employees with no respirators? 2) Company had net provided protective clothing in recurred areas? 2) Citations resulting in trro S75n.PR fines for cxcssd.ing five (5) iiJ.trs in one ar*sn and a riir.r.--weighted average of over tcn (!-} fibers in another area. -a seme recent canes the or!l*. Agency has reduced dt:st counts 221 before actually i seeing a citation. 5omj plants are ur.ir rental uniforms an?. 1 oc.hurs both furnished hy t.V; rental unii pr.-cpie. Che uniforms % two nur omployoe each wash, r.vnraqas : 22.5 2 v/uchly. In cost .easas tht rental uniform is a short-sleeved shirt and pants only, and this has been accpta!:iw. Respectfully suhnitte mini r . Cardan, Chair m ! fi u:n s ASBESTOS ADYTAC?,? C3VJ!ITTS June 7, 1373 Asbestos Textile Ir.st ;:ev Bridge Jlar: a, Vircir.i n: Arrr:TDrj:cr: E. r. Eussell* Chairman 7. F. Jackson a. Eussuk j. scanian o. scet/croft 0. It. Fayan, ATI Executive Secretary E. J. Lcff, ATI legal Counsel The Scard of Governors of th* Asbestos Textile Institute cook action at its Scpter-bcr 137A Meeting to chance the Institute's Constitution ansi Bylaws. The changa permitsc weavers of asljestor,-containing fabrics and tapes, far resale as such, who do not manufacture the asbestos yarns used in sane, to '>* eligible lor Associate Uerihorshf.p. In light of this action, the Arbcston Advisory Ccrruttna was requested to determine a mcchod of enter.diny r-e:*'*orship. After considering r.ovartl r.ltrrr.ntivas, the Ccrruttce r.c- ceytcd the offer of 0. Seorcro^t to prepare a news release for insertion ir. the July 1371 ismn.- of %*.I73tts nayatine. The release '-'ill state the ?>y-T..r. change and will publicly extend r.ar.ko.rehip to thotvi runlifieJ *.r. d interested. T. P. Jackson of Johr.n-:!anviil. Ccrporat will serve as Itorbership Chairman. Pecpoctfully suhnitted, '. r. Uussall, 7V.irr.tr. .1 4m M i; n r r ? ttckmcm cc^rtirrrr Tune C i Asbestos Tortile Insti 1273 - - Mey Zriuge 'Urrrc neton # ,r. IK mttmdaijc: J. T. Pavhir.s# nnybastcs-ltar.hattftn# Inc. n. '.uns.hant# *i:uitc:n corporation ?. O. Picederus# Gonorai hlr.ctric Cor.pAny/:.f7r C. Z. Guerin# Jchnn-JUnviMo Corporation J. p. neherd (Cwirnar), ::. Portor Innpany, I Carl C. Guerin* of Johns-'Unvillc Corporation# van wciccnrc! an nou member of the MI Technical Cotraittcr# replacing Irvin Cam \ special rocting of the Comittco. was heif on June *th to rtvi th M77-: standards for Cam# Ttoving, ant*. Lap. Ths CorrsitecVs proposed statement:: on precision .me1 accuracy vert approved by . the Zcitorial Comittco of T.??.w T>-13 nr, being editorial, i:o*-.*nvthe statements vrcr rejected by the ATT \ Gtar.dards editor v*ho s: cifiod they raise ha put to latter ballot after a.ssigninn a scar: for intor-iaboratcry testing. Tho samples of yarn# roving and i vili he analyzed by Zayhostos-Manhattan# Inc., Tarntm Corporati: General Zlectric Company# Garlock Inc. ant' *'. I, lortr.r Cor.par.v Inc. Costing siicuid ha completed prior to the Spring 1?74 neat. Thu Johns-iian^iile tumbler-tost procedure van discussed as a me: to dcttmine the r tlativa dustiness of varictis asbestos product: J. Zawkir.t "ill determine if this nnuirr.ont is available for .MI evaluation. 7 .10 ibiiity of building a similar tester a2 vili ha considered MVM Subcommittee M13.14 has been rcouastad by the W.S. havy to chance d-315 Asbestos Tapes to ceniom with lY.dnml Cpcsificntic :I>T-17P2 so it nay ho u*wl for direct prneurament pur-'onos. It* vision vould require the addition of a reality assurance provis: a section or. packaging ana an obsolete table on tape stylos. gy M2 Technical Coiraittoe fools that this information should net 1 included in a `Tutorial r.pnc if i cation." J`. 0. ?*iooucr.us 'ill re vie*: the objectionable itens vith '*1! bafnre replying to the !h .*4 draft of proposed Military Specificauion MH-J-30S3?*--"Insula tion# f-lectrical, Ashcctor.-rihor# Trent..^! and Untreated" tas suhnittod for approval. The Chairnan r;ar. instructed to rv7;u::;t extension for comments until after the artobnr 1073 Comintern r,t ing. . ^*>*nactfullv nuVnittc o. *\ rch'srd, Chair rrnnr. : ii u : r s z rcsiTcrc cmtrmr Asbestos I\*s>*aiio I~st\ June 7, 1571 -- r.cy Prison Marriott, Arlinotcr., iu ;*rrr?ic.*\Mcn: w. C. Ttreib, Joiins-.har.vill Corporation :. n. srith, r.dl /-shinties Minos Ltd. h. r.. Childers, 21. !*.. Porter Company. Inc. C. E. Ctiefhun (Chniman), Artcricci* ':.j'lti:::g hr.tinirv The r.'a:ir.r was totally devoted to discussions of the proem the 3rd Edition of the Chrysetile Asirstos Cent Manual. " It was noted that the ACTA (hjihestos C*:anunt Products Assnria has bcoxae defunct and all rtftrcr.con tc that orecnizntinr. boor. removed from the iuai manual. It was decided that for futv.r.: test cnlorionr, a substitute '/rule; b insrtrd into th* manual# centair.irc the previous metaar with an aauianr.tion of the runsor. for dilution. It be indicated that the test could he obtain id fro:: A?I# if required. 5ir.cv AC?A is defunct, ths .MI has, for the record, aorroc* tc sponsor an original ACTA test -- rzr'jngth in Asbestos Cement Proctets t * "}* Test 0-?, c;.:: Mngnutic ratine*,' hrs haan r.unrovel for sr>cnnnr. by tha MI. The T^st Manuel has bonn nsecir. rower*', fnrr, rvonirir.g r editorial chancer., this draft *'111 now wt rnvi^'nd by the Fiber .Research & Tenting Corrtitt.ro. Mien auprovud, the draft fill be submitted to the printer fen n reascnnhly-necurnte ec estimate, All oricir.nl typing, shrtchws and photograph?: wii? then bt` esaer.hlnd for printing, hopefully ?v the*, end cf this sura?,or. It will b.- helpful for the rvuhr.rr.hip no submit copy rnc.niror. ?r.cs to loriu mean as soon as possible. ^rnprctfully submitted r u f niefhew; Chai r M ^ * u rrr/ino1 Juno 7, 1273 .'.shorten Textile 2r.nr.irv.re ;;ey Iridc-e *;arriett, Arlington, Virgini. j;o iorronl meeting of the Committee '-'nr. hell, am* the throe me: set in e: the discussions of the Air I'yerionc i y.nr.uiacturias Committee. .*.s of mnatinc tine, the following in the status of various prr posed TXTLl occupational health standards hich ar*i of interest r:rhtr companies: 1) toisa -- A Department of labor ttanO.erds Ar*visnry ronr te as insisting periodically to consider this standard, A its meeting in Uoston on *tay 21, 1272, the Ancrienn Confe unco of hovurnnontnl Hygienists Cf.tti::) reeemmancied t.V. adoption of a notice cf intent to cannot the TToiso Thresh Lir.it Values to C5 dll far an f-' .our-a-day, tint-weighted exposure. At the C*7JtA Standards Arivisorv Committee ncsti in* h'ashinyron, O.C., on .'Jay 32, 1273, Dr* V. lildvard, Committee Chairman, stated that the level of axtosuru to seise for enoloyccs trill probably remain at cDA. 2; Loot rtrtss - LCC1I! also rtccrrrwnrec at its Donton nee the accprior. o* the r.ust .Stress Threshold Limit Values vh. ware published as a notice of intent in 1T72. It differs slightly iron those rucenmtr.-'.od hy in its criteria pachnoe i- that permissible *.'or)-:-rc-.st rnnir**r.s arc sgveif: 7.V.- status of the proposed standards is clcnded hy recant criticism that the* T7KiT inch::: ir. net ::n nc.ogunco itdirnte: of heat stress. Proposals hcv' )*e:?n mn^ that sv.*ns rate.* heart rates arc: more indicative of heat stress. r.jcant articles of ir.tc.rest from the Innu.'ils cf Ocrunatior.al '* vianu, Vcluno lu, 173, hone-** organ frr t.h*..- Iritash e'esspatian: hygiene 'Society, are: 1) Pages 1-S, hygiene Standards for \irhornc .'ronite ` rhvtr ton'Lust " "The *<u.hco*.r*itteo {en asbestos) has reviewed. tu information on human orrpoMiro to airborr.v. lmor.it;- duet in ` animal exporirtunte. The nuhcoT.tr.:.taau helir^r.s it hat irvsv ficiant hnovlotlgc: o* th- n laticrnhip 1 srv-cn nirN-cr..* Aaosite <iu*t exposure and the ri.*;': of nr, hastes is to permit an.accurate statement of the decree of protection erfordr >*y n specified hygiene standard. T\.*vmrth*:iuss, on the has of cor: part sons lot* ,rx>n thn rffacts of Ai.ic>nito and hhr'^soti uust on v.tjii am* animals, it is r;cor.d-u:ntl<?''. that the standr er iJtosite should. ha no l ist srrinn.'nt than those for mhr> tila.* . 2J Pago 7, !c*.-vi.:\; of the **y^5.onu Standard ror Chrymtii.. Asbnstos Uur.t - Lano-l c-r> i nformntrj />n r\f_ nv.;.or rtu :fhr ci 2 * Minutct of eh AVI rrvironnenrn.1 I.tnlch rnrrz::c - nnrcicU ty data, no ns*-' reported zC.vnrz-' cemur.tc .`.nr' ir: tion of r.cr..* studies net avnil^hic for rmr->-.r cf years, suheorrittue cr. asbestos stated, "It is thcrr.Ior^ rnccr.*' that no channel he uadc at tho prenor.t tine, hut that t!' standard i?o hept under rsviov." 3) -17, Eiolorinni r.f^oett of Cancer - report of Advisory Comitt&e or. Asbestos Ctncert to the Pirr-crrr o: Internar.icr.ni /irency for Vosoorrh or c.ancor - Report cliv: into tto parts, the first r. m2c.*5ticn~nmi-nn5:*.?r section devoted to the latest thinking r,n the* relation of ashon exposure and cancur, and the eocene! to racorrerulacimn future research ir. epidcriointjy, patholorv and physics chenistry of arhcstos-relatod cr.ncor. Respectfully nubiaittcw I,.. v. T'irrinr;-, C'mi; i t . nrw-M?j:r or ccrrv jstcs vtntilw Institute Conerhl `'eet.r.no ** ~Junc 7, 1373, ;.rli::c?ton, Virgini.- the "ehruary Central Meeting in .htlar.ta, rend^i;. hlcnrr. y-e< to you remarks* of counsel dealing with illegal divisions of territory cnorjp computing sellers. The casus he ruferro** to t/ duals with nstplicit aercencr.ts in which the r.ng wer corvid ur> . thu selling companies involved on the principle of "cut rrr;rr. cr.t company". Thu d.o.cidud eases have hold such ngrcanc-nts to t unlawful, v/ith a few limited exceptions r. recant ease has focused attention on the division oC markets the agreement cr plan is not clear!*/ spalled out. Ir. Hobart r.rc Cemoanv v, italcclm dlllard. Inc., :71 r.ld B5'- (Sta Car. mZ cert. senium *<1 !C.~.l (.day 2S, 1?73) , a distributor of waidsng aoutprent was assigned by tho tiseufaetursr "primary responsibility" for distribution in :*ortknm Cuorgia. The net*.; eoas*ereial instincts cf the firr., however, led it to begin sell in Tennessee, which was net only outside th** Northern Georgia territory, but was within an area supplied, ciructiv by t.hs mar.u turer. rventunily, the distributorship acrn:u*r.r.t "*s cancelled, t'-iu jsar.ufacturer, and the distributor sued the Manufacturer, charging an illegal division of territories. "hr defense emphasised the alnfnca of n written contract prehih; ir.r the distributor frcti ncllinr ir. any onraieular arva. There bean such an nrrusnont ysnrs enrliar, bun counsel had romndind * prrhlnn. by drafting rw contracts nrnijnsng "arena of yrirnr*' responsibility", which did not on their fata limit sales plss*#hc The courts r.everthclnsr. bale the -arrangement to be illeer*!. 7b< Tafth Circuit Court cf Appeals state:, that ".\ silent understand: car. i e shewn by the course of conduct cf t.V: partiw*." The c.hi% dnrasjinsi evidence was an ir.tra-offire rare fro::, the Tennessee d.i trie: rwpror.cr.tativv' of the manufacturer to tho horns office whi: ropcrtaci the distributor's tales ir. Tsr.nm.nsee and. urged the ran*, factuser .to "counter" by soiling directly in tho distributor' o territory, hershi-m Georgia. ' ~'w of the important teachings of this can: is that compliance the antitrust laws - whether the inr.ua is privet, distributism oohumea, refusals te dual with certain companies, or ary wthor satsitiv*' trr.thi regulation r.nttr.r - is not nchiuvud b nnro.lv avoiding tha o' virus, r.poilo'l out forms <>f transgression. Cnr^ .-.uv/t !.*e taken not to lessen competition indirectly or through ur.^3*prssr4'd understandings an *.v.ll. ' mentioned violations of td^. !; threuch nor-* devious r.twe.n watch s:..^ru8 to roa appropriate- at t2;if; ?atl`.urir.e, no close.to the '*tirga.ta buildinp, I .ould li.hr. to note another cnruoctitm v.f* antitrust law and *v3iticn. about the speaker The names Matthew M. Swetonic and Asbestos Infor mation Association/North America are synonymous. It was Matt who developed the original AIA/NA Prospectus in the Pall of 197 0 and who preparec the presentations for both the introductory anc the organisation meetings. Upon J-M's decision to move its corporate head quarters to Denver and Matt's electing not to make the move, he was employed as AIA/NA's first full-time Executive Secretary. For the first three months of 1972 he handled two jobs: Manager of Environmental Affairs for J-M and Executive Secretary for AIA/NA. During this time he orga nized the industry effort for the EPA and CSKA hearings and wrote for others or presented himself six major presentations in a period cf 45 days, a record-which he states he hopes he "will be never asked to break." Matt is 30 years of age and is married. He is a native Mew Yorker, was reared in Easton, Penna. , and new resides in Manhattan. He holds a B.A. in Creative Writing and an M.S. in Journalism. Following a tenure as Feature Writer for The Eas ton Express, he joined J-M in July 1965 as Associate Editor of Mews/Pic, an employee maga zine. He was promoted to Editor in January 1967 and one year later was named Coordinator, Special Projects. This is the job that granted him the expertise to superbly fulfil his duties as Execu tive Secretary of the AIA/HA as the major respon sibilities included writing J-M asbestos-health position papers, preparing speeches on asbestoshealth for top J-M executives, working with J-M public relations counsel and learning asbestoshealth literature backwards and forwards. :snr asststos ? A Presentation Before the Asbestos Textile Institute Arlington, Virginia - June 7, 1973 By: Matthew 51. Swetonic, Sxeeutive Secretary Asbestos Information Assoeiatien/5!orth America 1 am sure that many of you have asked yourselves, as I have as myself, why has the asbestos industry seemingly heen singled c as the prime target for so many assaults by government, labor the press, certain segments of the medical profession, and by various environmental and consumer activist groups? Why us? Can asbestos really be all that bad? Are the product: produce truly going to kill millions of Americans, as some expt have predicted? Or is there seme sort of nefarious conspiracy afoot to destroy the asbestos industry? The answer to the question of "Why us" is both complex and simj Complex because it is a combination of three interrelated but separate factors. Simple because each of the factors is, when considered by itself, quite obvious. The three factors are (1) asbestos can cause disease, (2) a see man arcse to champion the need for asbestos control, and (3) a cornucopia of new government agencies were set up to control materials end preducts that can cause disease. Let us lock at each r.f these factors in turn. Tirst, there is no doubt that the inhalation of substantial ac cf asbestes can lead to increased rates cf various types of lur disease, including two forms of cancer. These are facts which not be denied, even if they do not apply in all circumstances under ail conditions. The medical literature is full cf solid der.ee linking asbestes to disease. In ny office, Z have on til mere than 2,000 medical papers coaling with the health risks o: asbestos and hundreds more are published every year. Secondly/ the spreading of concern over the health risks of asfc tes has as its prime spokesman one cf the most talented medical publicists of the age -- Sr. Irving J. Sciikoff of new York's : Sinai Hospital. Met cnly is Dr. r.elikoff capable of arousing t ire and moral indignation of the most conservative reporter or politician with his graphic descriptions and predictions of the ravages of asbestos, hut ho has also surrounded himself with a group cf similarly talented associates who have carried the Mot Sinai message to the far corners of tins nation. ^nile Dr. Selikoff has, in his zoal, unquestionably painted a i corker picture than tho facts viarrant, we should always remembe in ais defense that the irosol anion workers he ha srudySn^ Pace 2 - Wiw Asbestos?, by lU !1. Swetonic, .* Presented to the ATI at Arlington, Virginia - 6/7/73 mere than a decade were disease at an appalling and still are rate. Such a dying situs from asbestos tion would be r su cl to make a crusader out of the cost conservetive of sciences cs Finally, in the past decade there has been a tremendous erewt. public and governmental interest in environmental and occi'.pne. health matters. This interest has born translated into a scr; of far-reaching lavs affecting industry ir. a manner hitherto unknown in this or any other country, I believe it is aecura: say that these new lavs, such as the Occupational Safety and Act, the Clean Air Act, the Consumer Product Safety Act, and c have forever altered the concent of the free enterprise systcr was known in this country for a hundred and fifty years. Thus, in combination, these throe factors created a situation which a cadre of freshly created federal agencies, with strong statutory authority, were prodded into assigning priority star asbestos by Dr. Selikoff and his followers, who achieved these through skillful use of the great wealth of negative asbestosdata contained in the medical literature. In short, the asbestos industry was singled out because it was vulnerable to attack, because there was someone willing to ie* attack, and because Congress had graciously provided the vehic for such an assault. The background of industry efforts to deal with the asbrstes-hi problem as a national issue goes back nearly a decade, to Dr. Selikoff's now famous 1964 seminar on asbestos disease at the : York Academy of Sciences. While this seminar did much to pric> industry's conscience about asbestos and health, the problem st remained one of limited public and press interest until around 12G7, vrhen the media began heating the medical bushes searching stories that would graphically portray American industry's suet disregard for tho environment and fer the health and safety of workman and the American public. The asbestos-health problem ^ found to be tailor-made for such stories. As a result, 8 tartar with Paul Dredeur's infamous !Ur.? Yorker article of ftarch 1965, asbestos has since grown into an item of major press interest. In those years, industry efforts to combat tho spate of negati\ cre*5s articles on asbestos were carried on primarily by the A oh 'ianviile Corporation, which set up a task fcrcc of specialists various fields to do what it could to portray the problem in it proper perspective, t'hila some minor successes were achieved, v*as *5Ur*d.that no one company acting independently could adegua or effectively represent an entire industry in dealing with the press and with government officials. As a result, in late 1970, eight companies gathered ir. New York to launch the Asbestos Information Association of JJorth America Page 3 - Why Asbestos?, by M. M. Suetcnic, AIA/MA Presented to the ATI at Arlington, Virginia - 6/7/73 which was patterned after the British Asbestos Information Com tec, which* had been established some three years earlier. In our original concept, the Association would limit its activ to providing accurate, unbiased informaticn cn asbestos anc ha to the press, to the publie and to interested politicians and government officials. It must be remembered that at this part lar time, the cnomous problems that would later develop with regard to OSHA and other Federal regulatory agencies were as y the distant horizon anti basically unrecognised hy the industry Fortunately -- and properly -- the dissociation has had the vis to alter its original limited concept of its proper functions, nov; endeavors to assume whatever activities and responsibility deems necessary to proteet the interests of the asbestos rannuf< taring industry in -the United States vis-e-vts asbestos-health From this rather narrow initial publie relations concept, the Association has grown in the last tv years into an organisatic with priorities in eieht major fields of endeavor. These are: Medical Affairs, Legal Affairs, Environmental Control, Customs: Relations, Employee Relations, Inter-industry Relations, P^li< and Public Relations, and Government Affairs. ^ To take these activities one at a time, let us start with medic affairs. It is an obvious fact that if an organisation is te spenk authc tativcly on a medical matter, it must not only be steeped in t.k literature of that particular medical subject, but it must nls< keep itself constantly informed of new discoveries and develop: This vo have acocmplished in a number of ways. For example, b* sending representatives to important medical meetings, such ns 1572 Lyon, Franca, international conference cn the biological effects cf nsoestos, which was sponsored by the T*crla Health O: taticn. * * We also meet cn an irregular bnsis with various medic.nl expert the field,, both from the United States and abroad, to review r. discuss recent developments and discoveries. Our literature research is cased considerably by receiving the monthly medical paper distribution of thn Institute of Occupat and Environmental Health in Montreal, which is funded hy the C'* Asbestos Mining Association. This yw.nr, for the first time, the AIA has elected to sponsor medical research of its own. Currently underway is a complete; AZA/2?a funded study of chest sounds, whieh is being conducted 1 Dr. Raymond Murphy of the Harvard School of Public Health. Th. purpose of the study is to find a new method of determini ng it. individual's potential susceptibility to asbestos disease. Page 4 - Why Asbestos?. by !!. M. Sveten Presented tc the AT- at Arlington, Vi. AIA/t'A - 6/7/73 The Association has also recently decided to contribute to sc oncittng research into a possible core for mesctheliemc throe; -lectrcmetive treatment. This study is being conducted at S Hospital in Kew Jersey. In the legal affairs area, the Association participated in ar. amicus curiae capacity in the lav; suit brought by the Industr Union Department cf the An/CIO against tne Occupational Safe Health Administration cn the asbestos standards. In our brie Association supported 0S2IA against the ZVZ, scrcwhat cf a t:ni position for an industry to find itself in vis-a-vis a govern; regulatory agency. Oral argument or. the case was held April Washington. While a decision has yet to be handed down by th. of .Appeals, v/e are confident that the case will be decided in favor. The Association has rrtain^d the services of a special technic consultant on environmental contrcl affairs. At the present *. he is wording with thw AXA/HA Environmental Control Sub-Com: on the development of a series of five Association compliance manuals on the OSKA standards. Last year, because cf the well established unreliability of t> memoranc filter method as a monitoring tctl in the asbestos industry, the AIA undertook the sponsorship cf a study at a research laboratory in California tc determine the effect of c variables on the overall accuracy of the method. The results ths study shoved ar. error factor cf plus or minus 50 per cent the most favorable of measuring conditions. These results wer tc both OSKA and to the national Institute for Occupational Sa and Health. A number of the recommendations contained in the scr improving the accuracy of ths method have been incorporate a seen-to-be-released revised :~cs:i cteraticns manual on'fiber counting. ' In the customer relatior.3 area, the total effect cf negative p publicity and government regulations on industry customers is' today rather poorly defined. Seme members of the Association reported serious problems in this area, ..hale others have experiencied few or no diffic*ulties thus far. Where customer problems do exist, they normally fall into one five categories. * First, the customer hns thoroughly investiwatsd his situation has found that he can no longer afford to continue using anbos or asbestos-containing products, either because the cost of control is too high or because he would have to raise the prichis product to a level that would make it non-competitive with non-asbestos containing substitutes. * Second, the customer has not thoroughly investigated his situn and only thinks that he can no longer afford tocontinue wsins asbestos. Page 5 - ty Asbostcs?, by i. n. pwetonie, AIA/UA Presented to the ATI at Arlington, Virginia - 6/"/7 3 Third, the customer has reed one or more negative articles on asbestos in the public press and has made the snap decision th "we ought to get that dangerous stuff out of our plant." Cfts decisions of this nature are forced nn top rnnagrrent by illinforr.ee nodical advisors or safety and health directors. Fourthr the customer has neither a control problem nor is he p cularlv afraid of using asbestos in his own plant. Ho1 *evor, h fearful that those of his cempeciters vhosr. finished products contain asbestos will stress the adverse health effects of asbin trying to take business away from him. Customer fears cf t. nature are essentially "cut" reactions and am hence extremely difficult to deal v/ith. Fifth, the easterner has none of .these problems cr fears but he been advised by a government official or inspector that he wou: better off if he quit using asbcistos or asbestos-containing pr: in his plant, while this problem does not appear to be widest: we have learned of a number of situations vhere it has occurred Actions of this nature by government officials are totally unea for and should bo dealt with promptly and decisively. The best solution is to obtain complete details on the incident and then register a formal complaint v/ith the offending official's immed superior cr with the government agency involved. The Association's first reaction to the overall customer rclati problem v/as to approve funds for a scries of four regional semi at which industry customers would be given a number of basic pr cations on the various aspects of the asbestos-health orohlem. seminars were tentatively scheduled for the Spring of 1571. however, the experiences of a number rf our member onm that general "catchall" type seminars of rh:< type orir contemplated would not he effective in dealing with tbs na jmric; customer relations problems. In order to do the job p eporiy, was found that customer presentations have to be tails; ed to* th needs and problems of the individual customer. As a result, the /issociation cancelled its scheduled scries of seminars had instead ducted 'to develop n number of packaged cl. presentations ~n such topics as "The Facts About Asbestos'and health," and "Understanding the cniJA neyulrtionr.," which could } used by member companies as part of a tailored presentation to individual customers. <As with customer relations, the /vsseciaticn feels that employee relations is a pr >'oler. host handled by the individual member companies Thus far, the /.TA's sole contribution in this area c industry concern has bon te prepare th.* draft of an Employee pand Health Guide on Asbastos-Haalth. The dr-.ft v/as made availed to the member companies for their m.-n use and at least one has produced it in booklet form for distributicr. to all its employee Pars 6 - Khy Anbestas?, by M. Gwetonic, MA/NA Presented tc the ATI at Arlington, Virginia - 6/7/73 I personally believe that thn employee relations aspect cf the asbestos-health problem is one that has been sorely neglected r-wst companies within the industry, and that it could develop a major prnblen area in the near future and that steps should taken now to deni with it. t'e knew that various organised lab groups are planning a full scale campaign to brine their inter tation cf the asbestos-health problem to the attention of asbt industry employees throughout the nation. If the industry per this interpretation tc be disseminated without rebuttal, the consequences could be crave indeed. Inter-industry relations arc best defined as keeping the Indus informed about important new developments on the governmental, medical and press relations fronts that affect asbestos. This accomplished within the AIA by periodic distributions of dccum and information to the member companies end to others on our mailing list. The value of this activity can be gauged by the fact that our overall mailing list increased from approximately a dosen name: 1971 to more than 60 a year later. !!hile we have had to trim list somewhat this year for logistical reasons, v;e assume from frequent requests we still receive to be placed or. the list th; the material we send out is being read and is of considerable value to those receiving it. Next to government affairs, our public relations and publicity activities constitute the single largest consumer of time, effe and money within the Association. Those cf you who arc familia vith the treatment that asbestos has been receiving in the publ press ever the years can readily understand why this activity r so high on our priority list. trr.at you may not understand are the reasons why cur extensive efforts in dealing 'with the nation's press have boon sc- unsuccc ful tr date in producing the theoretical 'balanced*' or "pcsiti\ story on asbestos and health. The simple fact is that from, the standpoint cf today's young activist reporter, industry is the bad*guy, and nothing we do, or achieve can ever change this imprunsion. If ve spend f 10C million dollars on environmental control, the press either nays ought to have cV:nc it tan years ago or that we should have sper. 22 00 million. If wo sponsor medical research, they say vc* are trying to buy favorable results. If we are opposed tr ridicule* stringent standards, they say wc arc in fav*-r of letting ot;r employees die. A television executivo in Minneapolis described this new breed reporter as being "no intunt on denclisnim; the establishment t they would blindly destroy the credibility*e: thr media in the gam." Another TV executive, this time in Chicago, stated "thw Pace 7 - Why Asbestos?, by M. M. Swetnnic, AIA/7IA Presented to the ATI at Arlington, Virginia - 6/7/73 want to make moral and political and social judgments on thei: assignments and then take sides, never mind getting the facts straight." As a result of this "industry is a monster* philosophy, ashest will remain a hot news item only so long as the news is bad. good" that asbestos does in protecting lives and property is no concern to the press. Likewise, industry efforts to protec workmen and the general public from asbestos exposure will alv. be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producir. "killer" product that is the sole element of news worthiness i the asbestos story. The press relations battle will therefore he won, not when the media starts to print positive or balanced articles about asbe but when the press ceases to print anything about asbestos at As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media wi only cease to carry such stories when the generation of negati news ceases. It is as simple as that. Positive or balanced stories arc a chimera, since they are, by definition, not newsworthy Let me give you a very specific example of this last principle action. As most of you already knew, the Association is currc: encaged in an extensive campaign to interest the trade press i: articles on the benefits of asbestos and on industry acccmplis: ments in the environmental control area. The trade press, uni: the national or public media, is much more receptive to article cf this nature and we expect to be seeing a number of positive stories in the trade press in the next few months. In any case, we also fren tine to time put out press releases c yartcus subjects relating to asbestos-health. A few weeks ago, issued a release on the report of the advisory committee on asbestos cancers of the World Health Organisation. In brief, report concluded that the general public is net in danger from asbestos in the environment. Thus far, we have received nearl; two dozen press clippings from trade publications that carried story. To the best of our knowledge, not a single newspaper, : magazine, radio or TV station, or any other segment of the cub media ran the story, with the solitary exception of a French language paper in Toronto. As I said before, if the news is g: the press simply isn't interested. . nonetheless, the Association has no intention of abandoning cu: ,vis-a-vis the national media. We will continue to issi appropriate press releases, cooperate with feature writers doi: stor2os asbestos, write letters to the editor when those hppear, and in short, do all we can tc present the prei wi-th a balanced view of the asbestos-health situation. Pace 8 - Why Asbust.es?, by n. !l. Swetenic, AI.\/!'A ^ Presented to the AT2 at Arlington, Virginia " 6/7/7 3 Cur most recent effort ir. this regard has been the prcparatic printing of an Asbestos and Health Information rile, which "c nailed to sene 3,000 newspapers, nanacir.es, trade publication radio and TV stations, science writers, etc., across the Unit States. Dasicnlly, the file contains copies of five industry position papers on asbestos and asbestos-health, as well as a number c. important medical papers and a pair of photographs illustrate: the benefits of asbestos and industry efforts at envi-nnnentn. control. Uhile we don't axpect our information file to change whole attitude of the press toward asbestos, we are hoping th: the media will make use of it to accurately report the indust: position when doing stories on the subject. And now, having heard the bad side of the public relations pr: it's time for some good news. And the good news is that despite all the negative articles or asbestos-health that have appeared in the press over the past dozen years, vtiry few people have been paying attention. Let explain. " In February, the Association undertook a personal interview research survey of thu American public to determine its attitu toward asbestos and its awareness of the health issue. The sc was conducted by the Opinion Research Corporation during !!arch April. Karo than 2,000 dgeographically selected Americans wer interviewed. ** without going into enrrmnus detail, the results show that only per cent uf the American public are at/are of the health h azr.r:asbestos, and that 80 per cent of these consider it a has ard o to taose who arc occupationally exposed. A ncr^ three ?e r ccr. ci those interviewed stated that they considered asbestos a he hazard to the general public, and less than one quarter o f onr cunt considered it the most dangerous notorial on the lis were given to choose from. Surprisingly, the college age ycut of America arc no mere aware of the hazards of asbestos tban t parents and grandparents. These results should he reassuring to those industry customers fear that the general ptsblie will stop buying their products because they contain asbestos. * Before going on to describe our activities in the government relations area, I think it night be interaction at this point take a very brief look at the manner in which Dr. Selikoff ant1, supporters have used his research results to dramatise and exaggerate the seriousness of the asbestos-health problem. I two charts which point thin *ut rnrher conolnnivoly. pngc o - r:\y Asbestos?, by ?i. ll. Swetrr.ic. Presented to the ATI at Arlington, Virginia - V7/7 3 The first chart -shown the actual results of Ir. ^clako.ff'c fc*. mortality studies'cf asbestos '*orkers. The r.ur.f:nrs in rarcnt.v beside the figures fer total nunbor cf workers indicate thus*? t have so far died from all causes. The percentage figures alcr the total number of deaths frm a^hentosis, lung cancer and nescthcliona arc based on 'the total r.unhcr of deaths from all causes, not on the number of workers in the study. The most important study of the -croup is the second frer. the ? shoving the deaths from. asbestos-related disease among all nan of the insulation workers union* regardless of length of expos You will note that 34 per cent of those workers *ho have died far have died fron one of the throe anhcstos-releted diseases. These, than, are the facts Or. Cclihoff works frer.. This is w ho knows from his o*?n investigations. *lcv let ur. take a lock what he has done with those figures ir. order to drnretite the probler.. dart ntsbr II shows Or. Celiknff's predictions aheut asbestr related deaths in the United States. Vithout going ante nctni Dr. Celifcoff has arrived at his projections hy the simple nroc o.f multiplying the percentage of deaths frer. as^sto.s-rfeiatnd disease among his insulation 'nrkers by tho. total number cf employees in the entire industry. You will also note that he has raised his projected death csti to enormous heights over the past year by simply ir.cruasing th base figure of employees closed:, **hilc still retaining tho pcreentr.ee multiplier of 24 par cent being experienced by the insulation workers. I night point out that this tacti c, however deceptive, has bee; enormous success ninca each raisi r. f the estimate has earned Deiikcff cnrrespcnCinwZy creator coverage '*y the media. *1o fa: example exists of tho total gulli bility of the press than the nnnncr in *mich it allowed its pr ojudiices t'"' bn manipulated ar. played upon in this situation. * Tlcr.se dftn't get no wrong. I hnv<.- no doubt that the ir.sulatic workers are in fact dying as rapidly as Dr. ? 'iikoff says they The prohlcn is that he has translated their mortality e.xperier to the rest of the entire industry, which is crmoletnly orronc In the first place, the estimated r.unhtr of employees in the industry is too high -- five tines too high to precise. Cvc mere important, *,ic cording to an analysis b* the Association rf rare than a. dozen mortality studios, including those of Dr. Sc. koff, our prediction is that approximately 7.0, OOg past an:1, prt: employees in the asbestos ind.ustry have died or ''ill eventual!* dlS of asbestos--related disease. \`hir. ir rhan vu>- t*'i rt:oi CHART ?TUM3ER I DR selikoff -- nrstarchdata !?c. or wcrhtrs cnssnirTio:; or cohort ' *0 tosis cahci Krro*: MORTALITY STUDY OF TWO LOCALS OF I?:CULA7ION WORKERS UZJIOW mortality study of ALL :2*3?SRS OF iksulatic:: workers uuio:; 625 (423) 17,soo (1092) THOSE ITTI? a :u::i:h.ti Or 20 YEARS e:e>osure .ML WORKERS c:; rolls 1/1/67 249 368* MORTALITY STUDY CF WORKERS i:: A WORLD t**.R amchte iusulatic?: plaht 923 (484) EXPOSED OHLY TO AHCSITE 107 MORTALITY STUDY C? \'o:u:r.?s at jokes .`SEVILLE COR?. ills, h.j. , PL.YT ** 639 (19?) THOSE WITH A OF 20 YEARS HEPOSURL 66 * 340 OF THESE DEATHS !?F.RE TJIOWG THE 5,119 employees with g*irater that: no years exposure UWrtJHLISHHD DATA TAKE?: mOfl ARTICLE IU the u2w yore post, may 1372 Pnr chart ?:u?grn dr. i. selikoft -- predictions nc. or t*op.herc description of cohort . w * t -r rUy. PROM aspesto; lung ca: MESOTHE: ARTICLE i:: wax STREET JOURNAL - C/8/72 "STUDIES BY DR. SELIROFT.. LEAD KIN TO PREDICT..." 250,000 ALL ucrkers CURRENTLY EMPLOYED III wurr ASPECTS IZrOUSTEY 85. article i:: the hex vorc; te:ss - 6/13/72 - (5 days later) "ir our EXPER IENCES... ARE A GUIDE...* 500,000 A^m ;A*..jiRS currently & previously IL JrLCYED I" THE AS2ES70S industry 170, 72STI!*.0JY AT TOXIC f.UESTAMCES hearing - 2/21/73 - "CUE STUDIES 1,000,000 AP STORY 0?J TOXIC substances HEARING . 1,000,00? ALL UCRHERS cunErmY, PREVIOUSLY , VD*.C V'lLL nT. r.rrLC.TD 1:1 ASBESTOS INDUSTRY 1:: THIS CENTURY (AS ARCVS) :-2C, i,son, C'IS-GU * ACTUAL OUOTED PREDICTION WAS 95,000, DUT THIS INCLUDED DEATHS EP.ON G2 CANCER, Wild I HAVE SUBTRACTED FRON Tin: TOTAL. P.^STC race 10 " Why Asbestos?, by f.wotonic, *-T.V~A_ Presented to* the *>TI at Arlington, Virginia - 6/*/*3 c*f Dr. Coiihcff's rost recent estimate. tr. addition, ot:r ficur show that 20 of the 25,000 deaths -- or C0 -- will occur aneng three in the insulation trades. While these estimates should he reassuring to three in the mini and nanufaccurinn areas r.2 the* industry, wo should not fcrcrct t 5,000 <*f our worbnsn arc still going tr die of asbestos-related disease and that, all things crnsidcrtvl, there is absolutely nothing that v/c can Co to prevent it. The only thine t* car. do to claar. up our plants to assure that thnsn entering the indust; in the future will not have tho sane experience. f.'ithir. the past year and a half, the nain thrust cf Association effort has shifted to the government affairs front. The prinei; agencies in Washington with which t*e have been dealing are the Occupational Safety and health Administration; th**- Environmental Protection Agency; the Food and Drug Administration; the bureau Minas; and, to a*lesser degree, the national Institute of Occupational Safety and Health, and the Mationo.1 Institutes of Health, both of which are mainly involved in research efforts. In addition, a fyv weeks ago ,Tere contacted by the rec!oral Tr Comics ion, which had received a petition from the Canter for Science in the Public -Interest requesting an investigation of consumer uses of asbestos for thu purpose of determining whether certain products ought tr. 1 labeled as hazardous and whether warnings should he required on all advertisements f^r those pro ducts. On the basis rf a preliminary moating with an ir.vestig.it iron the FTC it would appear that oe have littl- t*r wnrrv about this particular area. * " The Occupational Safety and Health Administration has ^cun rf ur.ornous concern to the. industry over the past II months. As nc: of you already 5uic*, the Association onpcndcc? trerandeus efforts during the six ncr.th period leading to the promulgation of last June's 0511?. standards or. ar.h*stos. I th.inh it is a gauge cf the cffectiveness of the total ir.d.uctry involvement in this most crucial natter that of oluvor. mein renuirenentt in the standards the industry position was accepted, totally by OS!*.! on nine of th eleven, a;*"ut fifty per cent on a tenth, and totally rejected on only one. OSUTi is non; planning to rndo the standard poekaan and we are riri ing elosaly with them on this project. The first stop *ill ha formation of a 15 nan advisory committee to review the current standards and any additional nodical and. technical data that has beenne available in the yoar since the standards fere nr^nulgntet orbing in cowperation xrith ninr rt)uir credo associations .* hav* selected four individuals as industry--./ide rncommnn-Jatirns to OC: or the four st/--called *'mployor*' spots on the advisorv committee PaS ii - t;**' Asbestos?# by F*. Suetcnic# .MA/?*r. Presented to* the ATI at Arlingtcn, Virginia - 6/7/73 2n discussing the formation of the advisory ecrrtittao rith Jc O'reill cf the onnr. Standards Development Section, <*c warn as tc add a couple of names to the list sc that OCHA would have of a selection to choose fron. Thin we have agreed to do. The committee will ba civsn up to nine months to complete its deliberations and prepare fer C3!!A a revised standard package This will be followed by public hearings, apercxmataly a yen fror nov*. T?e do not o::pr.ct to see a new standard promulgated before the Fall of 1274. It is of course impossible to determine at this tire whet the standards will look, like, henraver# I *culd venture to say thn*. they will certainly net he less strict than the ones we have today# although they will probably he less confusing and leave less men for employer interpretation, .tonething will uncus: tionably be done to improve the current difficulties with the conitoring requirements. The nain function cf the national Institute for Occupational Z and Health is to conduct research and to prepare so-called Cr: Packages# which are essentially reermendations to OSHA for st lards on various nettrials, chemicals and activities. Such r. package ea asbestos was prepared hy !ic?S! at the tine of the C. proceedings last year. itZCSF will not be preparing a new cr r criteria package for the upcoming review of the asbestos stand Z do net believe it ^jeuld be unfair tc say that ^5 all the age cics in Washington dealing with asbestos# !>r. Peliknff has had greatest influence on the young idealistic scientists and deer at iiZCSI*. Consequently# industry influence is weakest in this agency. It was 1TIQSJI# after all# that care tha original roeor. datirn for a two fiber standard in the United States asbestos industry. ext tr OPHA# the Environmental Protection Agency has the grra potential cf any federal agency for adversely affecting the fu cf the asbestos industry in this country, jiet only is the EP.\ responsible for developing and enforcing air and water prlluti standards# but the T'-xic Substances Control Act# now pending i Congress# will also bacons an EPA function after pannage. For this reason, I an pleased to he able tr say that the ashes industry lias an excellent relationship with the TP A. nr fir.r.r proof of this exists than the fact that there wan not a single Raj or industry reconncmdaticn nada to the r?.\ at the public* he; ings on the proposed as.Rectos emission regulation's that was n^' accepted either in toto or in principle in the final standards which were published in early bpril of this year. ?: are presently '.forking with the ETA rn the development of wa vratr.r .effluent standards for ar.hostws manufacturin':" plants. ** Page 12 - tJhv Asbestos?, by ?t. tt. f.wctnnic, Mh/TA Presented to'the ATI at Arlington, Virginia - f/7/73 certainly hope that these standards will turn nut to be as ran: able as the air pollution regulations. ?hc proposed. effluent standards are scheduled to be published in the Tedaral hegiscc: serstins this Sumer, to be followed by public hearings, with t final standards being promulgated in the Fall, perhaps as earl% October. Ha are also planning, in the near future, to meet in Hashinctcr with representatives fron the standards development and enforce branches of the ITa to discuss with t)icr. questions of interpret and compliance policy with regard to the now air pollution regulations. He have already resolved ene interpretation question that in of special interest to the asbestos textile industry* hpprsniratc two weeks ago I was ashed by a member company of* the .Kssceiatic to find out whether the SPA was planning tc* require the manufac turers of asbestos safety clothing tc register as potential emission sources under the law. In discussing the situation over the phone with n?A compliance officials, I argued that the producers of achuntcs safety cloth were not manufacturers as defined in the regulations but*were i only fabricators or an asbestos product, and as such, should no have to register as potential emission sources. After cur phono conversation ended, a brief meeting was held nr.: the S?A compliance people. I was then called hack and informed that thuy agreed with me that the safety clothing producers shot not be required to register. '* Hhilo this rather minor problem tosh approximately an hour and : half and two or throe phene calls to resolve, it in indicative t the type of day-to-day services that the Association provides fr its meriher ermnanies * pvar the past year the rood and i.'rug fdminis tratimn has shown a: increased interest in asbestos as a nosr.ihl c hazardous contatii. in various foods, h?vcragcs and drugs, lata in ir>72 they set r Asbestos task force to review the situation and. to propose rogu. tions and guidelines where appropriate. Thus far they have concentrated their efforts .in two area: on the use of asburtos-cc.ntaninstod talc in food packaging a: in cosmetics, and secondly, on the us of asbestos calulnso fill pads in the beverage and drug industries. In our first mooting with the TDh task force last 'Irverhar on tl falter problem, they der*or.strat<jd: and. admitted to an appalling ignorance about the health, hazards of asbestos. r.inco then, t.V have gotten one hech rf a lot cnartar, duo at luact in part tc t trr,Kicn\ous amount of data and information whie*' the ;.'trinrirn Page 13 - !hv Asbestos?, hy M. IS. Cwotonic, AZA/!i rresenteJ to* the ATI at Arlington, Virginia - 6/7/73 has been supplying to then. As a consequence, the FDA is tec's less panicky* a.hout asbestos and therefore less likely tr> propc foolish, unsuppcrtable regulations. Spokesmen from the FTA ha ir. fact, defended the filter industry against environmentalist attacks in the press and elsewhere in rcccr.t months. -his is, quite obviously, a healthy sign. Our activities in the area of Congressional relations have bee quite minimal to date, although we are preparing for the upera. struggle in Congress over workmen's compensation reform, at wh. tine asbestos is unquestionably going tc be racked over the eo< by Or. Celikoff and by representatives of organised labor. Unfortunately, the Association has neither the manpower nor the time to embark on a full-scale legislative information program. We have met on occasion with the legislative and legal assistnr to various Senators who have attacked asbestos, however much me needs to be done in this area and Z an afraid individual member companies are going to have to be the prime ball carriers and r the Association. For essentially the sane reason, our government activities at t state and loeal level have declined to essentially :cro over tk past year and a half. . This has not been too serious a deficicn as most of the authority of the cities and states in asbestos c trol has been usurped by various Federal regulatory agencies, nonetheless, sore individual company activity is required at th; levels of government. * In conclusion, 2 think ve can all be justifiably pleased with ui we have been able to accomplish in the past few years in resolv; the cornucopia of interrelated problems that constitute the asbestos-health situation. Our plants are cleaner and our workmen hotter protected. The gc ral public has been shown to he in no danger from asbestos, if i ever was. f'hilc uc have been regulated extensively, fer the mos part the standards that have been developed hav- not been as bac' we feared they might be, and in some eases they turned out far h ter than we ever dared hope. In addition, while wc arc still to cur lumps in the public press, the net effect of all this advers publicity has been shown to be surprisingly small. t; have sweated a lot and \m have groaned r. let, but wo are sail standing and we ara still viable. I sense today within the indu try a greater feeling of confidence in the future than at any ti: in the past few years, hut we must not rest contented. tie must remember that nr. Celikoff has to date been far less suc cessful than our industry has in influencing the decisions of thi various governmental regulatory agencies. This will make him trj Pagc 2 - ^cusarhn of c;n:i a - --r General r>**tang - 6/7/73 *?rac> associations .15 t~*.Ii a? other ccmcrciai cmusr, cn- run a cf the- lat by assuring povwr in their private activities trrich ; o^rly belcncs to the government. This early price-firing eases rnflnct the vies** that private part: should net be ptm-itced to rsouiate sc sensitive a feature of 0 oeeneny as prices. Pijsilarly, any joint action vhach cnelndas certain companies fre:', important coamcrcial hero:itr. in vam/cd 1 the courts as the imposition of a punishment - which is a power reserved to the eexxrts. In rnshion Orioinaters* Guild, Inc, v. rdgrnl Mradc *?r;.gsi.t sim, 312 U.C. **57 115541) f mr" ersrtiin, a combination r.z rnr.uigcr.urar* x*emon's garments and Manufacturers of textiles triad to prevent copying of thoir fashionable clot.'xus hv se-callert "style pirates Th* fashionable clothes group refused to sell their products to nanufaetur^rs or retailers of garments t*ho dealt with the conpet "styls pirates", -he Supreme Court rejectee, the defease that su a practice vas justified by the necessity r*f ridding the busaror of* unscrupulous garment designers. The Court said: "... the ccahination is in reality an e::tra-co\v*rnrcr.tnl agency', which prescribes rules for tho regulation and re straint of interstate comncrca, and pro^ar.-.s antra- judicial tribunals for rteteminatinn and punishment of viola-inns, and thus 'trenches upon the power of eh' naticnal legislature and violates the statute' la.a., the Ch.srs*n Act)." 312 r.f. at 4C2. . "o lone as private companies rot&in th^ir cor.potitiv.. hr*iv-.r, and restrict their joint effort:; to construe which raascnably servo that individuality, thorn is 1 antitrust difficultinn. ;*r*.i.vi**ur.l .* vr ohjgct: tie uang-w Eugene off, Attrrnnv T'lC