Document redXNdRV94vnEerMbBmLOyE9v

Kovember 28, 1972 Mr. J. H. Sally . Besdix Corporation 1217 S. Walnut Street South Bend, Indiana 46621 Dear Jack: Thia concerns our discussion concerning labeling requirements where brake linings are being shipped tokens toners* .7- In attempting to determine what practice one oust use, OSHA haa stated that if one is meeting the-spirit~ef its regulations it vlH not becited for violations. As a result of this, it becomes ueces&ary to interpret soae of the OSHA regulations. I as enclosing with this letter copies of letters written by the Executive Secretary for the Asbestos Information Association (AIA/KA). You will note on these reports that Mr. Armstrong, from Bendlx corporate headquarters, attended these meetings. There is absolutely no question concerning the requirements for labeling where loose asbestos is being shipped. The big problem develops where members are shipping what the AXA and OSEA refer to as locked in asbestos products - brake linings, brake blocks, clutch facings, etc. When customers of yours drill linings, chsafer linings, cut linings, or grind linings, .they may very well-raise the asbestos concentrations In the atnospheretozabove the OSHA standard.!. Some membersThave indicated that" the drilUngrand grinding.operations are problem areas in .brake lining factories with existing exhaust systems. Therefore, if a customer of yours started drilling or grinding without hawing proper dust collectors, he would probZbly be in violation of the OSHA standard. It therefore becomes your responsibility, as the supplier of the brake lining, to warn the customer of this possibility. The form which the warning takes is still not definite but the best guidance seems to be if you meet the spirit of the regulations you will not be cited for e violation. Therefore, '2 yon cenid~ r put in every one of your skids, or cartons, or pallets, a warning notice to the effect: "?ouer tools without dust collectors should not be used for machining, cutting, or sanding this product." If a notice such as this were enclosed with every carton, or stenciled on the outside of the carton, it is likely that you would be meeting the spirit of the regulations. If you were to write your customer aad tell him about this with every shipment cade, you would probably be also neeting the spirit of the regulations. If you send a one time letter to your customer saying this, it is hard to say whether you would be meeting the spirit of the regulations. Mr. J. S. Kail7 Seadix Corporation 2- - November 23, 1972 I an enclosing a copy of the warning label suggested in the OSEA regulations where loose asbestos fibers are being shipped, and the "Instruction Sheet" suggested where a customer is to do further machining on clutch facings, brake lining, etc. I hope this is enough information for you. Dave Stone attended our most recent Asbestos Study Committee Meeting where the subject of labeling was brought tip. Your Mr. Armstrong is aware of some of the controversy concerning labeling. The current survey indicates that no members are now shipments. A slight majority of those responding to dste indicate that they interpret the OSHA regulations to require some kind of a warning where subsequent work is to be done on brake linings. This is controversial item for the Institute in that some members feel that one or two companies ere trying'to railroad them into labeling. Another group of companies __ feel that ve should comply with thaspirit of the law now and it Is not fair if they,,do the proper-labeling and their competition, does -- --------- jot. _ , ________ ' ' ~ ' .................- - - Sincerely, ' FRICTION MATES TAT-S STANDARDS INSTITUTE- . EWDrllz Zac. ' E. W. Drlslane Executive Director '3 co