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FILE NAME Industrial Hygiene Foundation IHF DATE 1935 Jan 22 DOC IHF088 DOCUMENT DESCRIPTION Memo RE Mellon Institute of Industrial Research - Symposium on Dust Fibers with Summary == Manville TWENTY EAST FORTIETH STREET *. NEW YORK M PRODUCTS January 22 1935 Mr. M. F. Judd Secretary Manhattan Inc. Bridgeport Conn Re Mellon Institute of Industrial Research Symposium on Dust Problems Dear Mr. Judd As I indicated to you over the telephone this afternoon I am enclosing a copy of a memorandum I prepared for Mr. Lewis H. Brown regarding my trip to Pittsburgh last Tuesday January 15th to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research Very truly yours Yaudiver BrownBrownBrown Vandiver Brown Attorney Enclosure JAN 30 1935 - RM144A -' RM144A RM144A RM144A 110.29.77 k IHF outfit MEMORANDUM ee RE ._ MELLON INSTITUTE OF INDUSTRIAL RESEARCH SYMPOSIUM ON DUST PROBLEMS PITTSBURGH- JAN.15 1935 On or about December 12 1934 the Hellon Institute outfit Industrial Research addressed letters to some 85 industries having industrial disease problems inviting them to attend a meeting to be held under the auspices of the Institute on the 15th day of January One of these invitations was received by the Asbestos Institute and although the Asbestos Institute did not accept and was not officially represented Manville Corporation requested and obtained permission to send a representative The invitations expressly stated that attendance at this meeting need entainlo obligation the . writer Wanville was of this memorandum represented at Approximately the meeting by 250 people were present repesenting over 50 industries which had accepted the invitation of the Kellon Institute The Mellon Institute was greatly surprised at the remarkable response and opinion that one cannot find a better indication nature of the problems it was the purpose of the discuss it is my of the serious meeting to . I was able to ascertain that the Mellon Institute had been prompted to call the meeting by representatives of the sand and glass and the refractories industries Representatives of these industries conferred with Mr. E. R. Weidlein Director of the Institute and after advisinhign of the nature of their problem of its spread character and mumerous menacing aspects suggested the need of some form of concerted action on the part of those industries presently or potentially involved I understand that Hr F. W. Sherwood President of Illinois Glass Company and Mr. Roger Hitchins Presi- dent of the American Refractories Instituwteree the persons who presented the situation to the Mellon Institute Hir Weidlein on behalf of the Institute agreed to cooperate to the extent of calling the meeting and having the representatives . spend a day in Pittsburgh as the guests of the Institute There was the some preliminary discussion as to the possibility of using Hellon Institute as a clearing house for information and research upon aspects of the problem common all industries but definite commitments were postponed until after the holding of the meeting An impressive list of experts specializing upon various aspects of the dust problem attended the meeting and -2- delivered addresses Among these were Mr. A. C. Hirth a lawyer associated with Williams Eversman and Morgan Toledo Ohio attorneys forIllinoi Glas ss Company Dr. Eugene P. Pendergroa f sthse ray Laboratory University Hospital Phila- delphia Dr. A. J.Lanza Assistant Medical Director of the Life Metropolitan Insurance Company Dr. R. R. Sayers Medical Officer in Charge of U. S. Public Health Service Professor Mr. F. Philip A. Drinker of the School of Public Health Harvard Uni- versity Robertson Jones General Manager Association of Casualty and Surety Executives and Mr. Donald E. Cummings Assistant Director Saranac Laboratory for Study of Tuberculosis The addresses delivered by these specialists together with the open discussion that followed them revealed among other things the very menacing character of the problem its complex nature the uncertainties attending most of its aspects and the necessity of some form of united action by the afflicted industries . It was recognized that some aspects of the problem were peculiar to special industribeust it was equally evident that other aspects were common to all For example only two forms of dust namely free silica and asbestos are definitely known to produce disabling fibrosis of the lung Even in the case of theso dusts the problems resulting therefrom are quite different since the fibrosis resulting from silica is of a much more serious character than that resulting resulting from asbestos in that the former predisposes to have a fatal termination tuberculosis and is much more likely to On the other hand and this illustrates one of the most serious aspects of the problem that is common to all dust producing industries the fact that no other dust is known to produce disability has not prevented entirely groundless claims aggregating millions and even hundreds of millions of dollars being brought against industries which have no silicoa r asbestos dust hazard For example Dr. Lanza pointed out that no one had ever maintained that gypsum dust nevertheless the gypsum industry had suits was harmful and pending pending against yet it covering claims in excess of four million dollars It appeared that among the problems common to all industries were the following 1 The menace of ambulance chasing lawyers in combination with unscrupulous doctors The uncertainties surrounding diagnosis of any of the various formosf pneumonoconiosis are so many that a question of fact is presented in every case Expert testimony can be produced by both plaintiff and defendant and it is for the jury to decide whose experts are -3- correct in their interpretations In making this decision the jury is not likely to favor the opinion of the experts produced by the employer 2 The desirability of making various dust diseases compensable under properly drawn workmen's compensation laws One of the ' speakers stated that the strongest bulwark against future disaster for industry is the enactment of properly drawn occupational disease legislation Such legislation would a eliminate the jury and empower a Medical Board to pass upon the existence of the disease and the extent of the disability b eliminate the shyster lawyer and the quack doctor since fees woulbde strictly limited by the law and c permit the correct- ing of initial mistakes in the making of awards by providing for hearings to reduce or eliminate awards if proof could be adduced that the claimant was not disabled or that the extent of his disability had been over- estimated 3 Problems of ventilation dust collecting and elimination and respiratory devices 4 The establishing of standards a for dust counting and particle size determination b for the taking of rays for diagnostic use c for the interpretation of the marking on the films so produced At the close of the discussion a Mr. Kurtz Vice- President of American Refractories Corporation made a motion that Mr. William P. Yant Chairman of the meeting appoint a nominating committee who would nominate a group of individuals to serve as a committee for the formulation of ways and neans to bring about effective cooperation of some character between the various industries for meeting and combating those phases of the dust problem common and a Nominating Committee returning presented to the to act as such Committee to all This motion was carried appointed which retired and upon meeting the names of seven individuals No other names having been placed in nomination the following were elected to act as the Committee and report back to the various industries and groups represented at the meeting or to whom the invitation had been originally extended -4Vandiver Brown representing Asbestos Cork and Hetallic ee Dr. B. D. Saklatwalla representing Chemical Abrasives Alloys and ferrous metals E. 0. Jones representing Foundries A. W. Sherwood representing Glass Sand Ground Sand and Glass ' Hanufacture A. J. Gentholts representing Iron Steel and Ores A. J. R. Curtis representing Lime Limestone Cement and , . Gypsum Roger A. Hitchins representing Refractories and Clays I explained to the other members of the Committee that I had been sent to the meeting solely as an observer and had no authority from Manville Corporation to accept membership on the Committee and certainly none from the Asbestos Industry as whole I was urged however to meet with the Committee and agreed to do so on the condition that I night withdraw if approval of my serving in that capacity should not be forthcoming I pointed out that members of the Asbestos Industrdiyd not care to be associated in the minds or of employees with those industries whose problem and that for this reason I felt there might be some of the public was silicosis opposition to having a representative of the Asbestos Industry working with them I did indicate however that I realized numerous aspects of our problem were the same and that if cooperation could be worked out without an undue amount of publicity Henville Corporation and perhaps the Asbestos Industry ha a whole would in all likelihood be willing to cooperate It was the opinion of the Committee that this condition would not present any insuperable difficulty Mr. Roger Hitchins President of American Refractories Institute was made Chairman of the Committee which held a meeting Tuesday evening after the close of the Symposium Mr. Hitchins was designated to meet with Mr. Weidlein of the Mellon Institute and ask him to make a proposal in definite and concrete form as to the manner in which the Mellon Institute might be able to assist the various industries for a fee of 25,000 When this proposal has been received and approved by the members of the Committee it will be submitted to the various industries with the recommendation that it be accepted and that the w Pious industries or individual corporations agree to stand good for a proportionate amount of the fee not in excess of a definite specified sun mee oO thang -5- I gathered that the proposal which would be made by the Mellon Mellon Institute would include among others the follow- ing a The compiling of a comprehensive bibliography of all books treatises and publications dealing with any aspect of the dust problem and the evaluation thereof b The compiling digesting and correlating of data and information from various subscribing industries relative to their particular experi- ences c The drafting of approved workmen's compensation legislation covering pneumonoconiosis d The digesting of the laws of the various states which might affect the operations of industries presenting a dust hazard e The outlining of problems requiring research or the establishment of fixed standards and the prevention of duplication of effort and expense along these lines . and the lead me The interest with which the discussions were followed enthusiasm which greeted the proposal for unified effort to believe that the necessary support will be found for some sort of program along the above lines VANDIVER BROWN January 18 1935