Document vB2QV11qQnDvDJkzzEk7VRQqb

ASBESTOS TEXTILE INSTITUTE General Meeting June 7, 1973 Key Bridge Marriott, Arlington? Virgini In Attendance 5 PLAINTIFF'S 2 EXHIBIT l fc GAR-104 d 7I1ATEX CORPORATION W. Maaskant M. J. Scanlan 11. II. Walter GARLOCK INC. S, G. Dixit A. Kuzmuk JO!I IIS - MANVI LLE CORP ORATI Oil C. G. Guerin T. P. Jackson J. P. Power (C.J-M) VI. B. Reitze H. C. Streib HICOLFT I11DUSTRIES, INC. E. V!. P.ussell J. K. IRiittaker H. K. PORTER COMPANY, E. C. Bratt D. E. Childers J. W. Echercl L. E. Moody IIIC. PAY BE S TOS - M2C: llATTAN, IRC. H. M. Brooks J. W. Franpton, Jr. J. W. IIav;);inri R. T. Matthew M. Q. Sccv;crot I. H. Weaver UNIROYAL, INC. W. D. Bittinaer B. E. Carden L. F. Dieringer E. A. Morris ASBESTOS CORPORATION LTD. P. E. Leclerc BELL ASBESTOS MUTES LTD. U. H. Smith LANE yASDESTOS OF OUEDEC LTD. E. A. Farrell R. Lofebvro C. E. r.tiefkcn (Ar.arco) MA1TUFACTURAS >TJLTIDLES S.A. R Arnal Olivo CAuDNALADER, UICEF.P.SEAM S TAFT E. J. Leff AMERICA" SOCIETY FOR TESTING AND MATERIALS P. O. Nicodenus ASBESTOS TEXTILE INSTITUTE D. M. Facan, Executive Secretary GUESTS OF TIIE A.T.I. Asberit S.A. Marchello Cattaneo Adorno .Asbestos Information Association/ I lor tli America Matthew m. rv/etonic Industrial Safety Equipment .Association Charles U. Rur.walt, 7l*. n.s. Bureau of Mines Robert A. Clifton Total attendance during the two-day meeting was G people, including 10 women and 3G men - representing IS companies or associations. Pago 2 --* ATI General Mooting -- G/7/73 !1 I I! U T H S 1. The General Hooting of tho Asbestos Textile Institute war- called to order by President ?1. Q. Ccowcroft at 1:00 P.M., Juno 7/ 1073. 2. President Scov/croft v.elcomed tho members and guests in atten dance and introduced four guests; namely, Matthew H. Dwotonic, Executive Secretary, Asbestos Information Association/Horth America; Marchello Cattaneo Adorno, Asherit E.A.; Robert A. Clifton, Division of 'lor.netallic Minerals, U.G. Bureau of Mines; and Charles Eum- v;alt, Jr., Secretary/Treasurer, Industrial Safety Equipment Association, and member of its Safety Uoaring Apparel Product Group. ^`Following past tradition. President Gcowcroft asked each number in attendance to rise and state his name and company affiliation. 4. President Scov?croft called for the reading of the minutes of the last stated General Meeting. It uas moved hy A, E.uzmui:, seconded by T. P. Jackson, and so carried, to dispense with the reading of same. 5. Treasurer E. A. Morris presented the Report of Funds of the Institute as of April 30, 1973. C. T-. f>tiofhn moved the report accepted. The notion was seconded by S. G. Dixit and so voted, unanimously. A copy of the full Report is attached to those Minutes. be f* in the absence of M, P., Alcorn, tho Legal Counsel address as gTvcn by Eugene J. Luff of Oadwaindor, Pickershan c, Taft. Tho full text of his report is attached hereto. Mr. Loff discussed two cases -- one concerned v/ith the illegal division of the market, and the other noting a connection between anti-trust, violations and tho private exercise of governmental power. 7. l.\ K. Smith, Technical f, Sales Mopresentativo, Doll Asbestos Mines Ltd., delivered tho Fibre Producers' Report (see attached). Mr. Smith stated that crudes and ultra-long spinning fibers continue to bo in short supply but medium .and short spinning fibers from Grades 3F to 3", are in fair supply from most producers. Mo shortage, in those grades is foreseen for the renaind x of this year and a change in the situation is not indicated, a. tho present tiro, for 1974. 0. Pursuant to calling for Committee Reports by the resoaetivo Chairmen, President Gcovcroft advised that C, G. Guerin had replaced I. Larnett on the ATI Technical Committee. 9 The following reports of ATI activities at the Committee level v,'3r- presented by the respective Chairman to the general rx.-rl eruliip. A copy of each Report is attached, hiroto, i.e.: PLAINTIFF'S EXHIBIT Page 3 ATI General Meeting f/7/73 Mr Hygiene & Manufacturing - n. E. Cardan, Chairman; Asbestos Advisory - e. U. Russell, Chairman? Technical - J. Y, Echord, Chaiman; Fiber Research & Testing - C. ZZ. Sticfken, Chairman; Environmental Health - L. F. Diarir.gor, Chairman. 10. It uas related by President Gcowcroft that recant technological breakthroughs in basic yarn production techniques have influenced the- Institute to seek wider representation in its membership. It was reported that as a result, the ATI board of Governors had approved a change in the Constitution and By-Laws of the Institute involving Associate- Membership requirements. Article III, Para graph 2(c) of the Constitution has been revised an follows: nthose weavers of asbestos-containing fabrics and tapes, for resale as such, who do not manufacture the asbestos-containing yarns used in same, shall be eligible for Associate Membership in this Institute." 11. President Hcovcroft referred to the new identification cards that had been given to each member in attendance, asking that they be returned to the Executive Secretary for use at future n.vatings. 12. As stated by President Ccovcrof t, there soer.s t:o bo some diffi culty with the postal process in that some reservation cards are not arriving at ATI headquarters. In an endeavor to avoid undue problems at future meetings, it was advised that each member v?ho makes a reservation with the Executive Secretary would receive, a Miof aekx\o\7 led ament within approximately ten days' time. If same does not arrive in due course, it would be well to so advise the Eccratary. 13. The next General Mooting of the Asbestos be held: October 3-5, 1973 Wyclanero Harbor Club, .larwickport, Textile Institute will I la snachusotts Guest Speaker will be Ur. J. Corbett McDonald, Epidemiologist, McGill University, and Medical Adviser to the OuoN.'c Asbestos Iiining Association. 14. President Bcowcroft advised that every -'ffort is being made to oblige the wishes of the non!>ership-at-2arge by scheduling, 'tonover possible, future General Meetings of the Institute so that they end on Fridays. Beginning in 1^74, future nee ings will bo: February 7-0, 1974, at the Mills Hyatt House, Char!-;, jton, Couth Carolina; June P-7, 1974, at Twin bridges Marriott, *. 'ashing ton, D.C.; September 25-27, 197<i, at ''he Cloister, Eca Island, Georgia; February 0-7, 1975, at Holiday Inn-Independcncr. Hall, Philadelphia, Pennsylvania. Tentative future meeting sites include Ponte Vtdra Club, Ponte Vedra leach, Florida, in October 1975 and the Marriott in How Orleans, Louisiana, in February 197<". Reform introducing the Guest Gpnakor, President Ecovcroft re ferred to five Jooklets that were distributed prior to calling the PLAINTIFF'S < EXHIBIT * />o Pago 4 -- ATI General Mooting -- C/1/13 mooting to order. Just off the press, the boohlots were publish'd by th2 AIA/tJA and are entitled: The Asbestos Information Associa tion/North America, Mhnt Asbestos Is--How And '..'here It In Used, Asbestos And Health, Questions and Answers--Asbestos And Health, and Protecting The Asbestos Uorkor. .Tingle copies of the booklets arc available from the AIA/HA, 22 Hast 40th Street, *;<** York, *7v York 1001C (bulk:.rates on request]. lc. President Scowcroft introduced the Guest .Speaker: Matthot; m# Swotonic, Executive Tecrotary, Asbestos Information Association/ North America. Mr. Guetonic (whose profile is. attached) discussed the AIA/UA, its formation, its history and the-.work it is doincr on behalf of the asbestos industry in the United states. He also talked about the impact of Of.IIA and F.PA regulations to control the amount of asbestos dust in the atmosphere. He- discussed the ques tion: Why has the Asbestos Industry boon singled out by government, the press and various conservative groups? He stated that the industry is passing through a crisis period in the iJ.f.. and that closer ties between trade associations would be beneficial. Mr, Owetonic advised that he has boon talking with the press about asbestos and health since 1900 and that out of iro-17f> reporters, only 2 were over 35. \.*e are dealing with a young and idealistic group, he said. From a survey taken of the awareness and attiLud.es toward the use of asbestos, it van discovered that asbestos is relatively unknown to the general public. The situation changes little between urban and. rural areas. It was interesting to note that the survey indicated that those in the 10-25 age bracket 3*now little about asbestos but that awareness increased in those inter viewed who were between 40 and 41 years of age. A copy of Mr. Twotonic's presentation, in its entirety, in attached to th--i.se Minutes. 17. There being no further business to be brought before the lrwuabornhip, the meeting was adjourned at approximately 3:00 P.M., as per a notion by 15. A. Farrell, seconded by r, A. .''.orris, and. unanimously approved by the attending members. Hesooctfullv submitted, > //'/ ~/c* -<?ns?~Ls Doris M. Fagan, cy :>;.ouLive f-eor^tc y MOTE: Enclosed herewith is your copy of the Constitution and By Laws of the Asbestos Textile Institute, revised as of Juno S, 17 3. Paragraph 3 of flu.* by-Laws (png.-; 7) is subject to approval bv the Internal Mevenuo Service. . asbestos textile institute Export of Funds ns of April 30, 1072 Balance on Hand January 2, 1973 -- General Fund Reserve Fund Potty Cash Tund Total on Hand . .9 1,326.93 9,026.90 lo.o. an S 9,553.83 Receipts To reserve Fund -- Interest adjustment to 12./31/72 Dues for Year 1973 To General Fund -- Boo!; Bales ) Insurance Credits .01 14,P.50. 00 115.29 37.00 Total Receipts . $ 14,492.39 Disbursements Rental of Office Space (5 months) 0 Telephone (4 months) 11.J. Employment Tax (4tb Otr 1972) Federal Income Tax (4th Qtr 1972) rederal Unemployment Tax (Year 1972) Federal Incore/FICA Taxes (1st Qtr 1973) Ta. Unemployment Tax (1st Otr 1273) Pa. Income Tax (1st otr 15)73) Secretary's Hat Wages (4 months) Insurance for Pcv; Office quarters Postage, Printing, Office Supplier., etc. Revision of Fibre Tost Manual Legal Services 5 Expenses (4th Qtr 1972) Secretary's Travel Expense. (2/72 meeting) Petty Cash vouchers 501-1C ____ 270.00 135.97 33.75 70.00 15.09 152.4? 5.2 5 12.09 590.00 145.00 210.22 26. S? 007.48 175.19 2 2.05 5 23,994.13 Total Disbursements . . . . 2 9,686.21 5 21,392.92 Miscalculation from last 5tatenant ... .............................. . 7.90 BALANCE ON HAND 71'RIL 30, 197 3 ........................ $ 21,316.9?. funds as of April 30, General Fund Reserve Fund Petty Cash Fund 1273 -- _ -7 1,462.06 12,346.21 _______ : 7 n -L TOTAL AVAILABLE FUNDS...................................................... 0 21,316.22 assets as of April 30, 1973 -- Total Funds as listed above*. Accounts Receivable (5ool; Bales) Furniture t, Equipment (nominal value) 2 21,31r,92. 6.90 <___________1. TOTAL .AS 5 FTP TOTAL S/y!. ^/r^T Cl'T^ 2espectfully sunntterT7 is m. Fagan .............................................................................. 2 21,323.92 V.-u-va. ii;vj* v*mr!:! . . $ 21,323.92 . PLAINTIFF'S EXHIBIT AO _ FIBR3 PKODUCEP.S1 RLPOIIT (Presented at ATI General Mooting, Juno 7, 1073, at -'ay bridge Marriott, Arlington, Virginia] Thera has been an increasing demand throughout the world in 1373 for a number of fibre grades, notably in 4 Group and 7 Group. After the fnll~off in 1972 in 5 r.nd 6 Group fibres, this market has begun to recover, although not to the sane crctont an the previously-mentioned 4 and 7 Groups. Of main interest to members of the 7..T.I. .art: the spinning fibre Group 3 grades. Crudes and ultra-long spinnings continue to be in short supply, but the medium and short spinnings in the 3F to 32 range are in fair supply from most producers. Mo shortage is foreseen in these grades during 1973, although individual produ cers may be tight in some specific gradings. There arc no indications at present that there will be a narked change during 1974 in spinnings; however, in short fibres, the current oversupplv of Cl) fibres may he: closer to balance nor.t year. One or tv/o new nines in Canada arc scheduled to cone into produc tion in 1973, but there is no likelihood that they will produce any spinning fibres. The same is true of new sources in Australasia. VJe.ltor II. Smith Technical r, Salas Mispress anted ivo Hell As bar;tcs Mines, Ltd. M I 1MI ? r AIR HYGIENE r, MANITFACTURIIIG COMMITTEE Asbestos Textile Ir.sti.huto Juno 7, 1973 - - Key Bridge Marriott, Arlington, Virginia The Committee mot with sixteen members and guests in attendance, representative of ten companies, as follows: Amatcx Corporation II. H Uniter, Morristown, Pennsylvania Asberit 3.A. M. Cattnneo (Adorno), nio do Janeiro, Brazil Cudwalacler, Uickershnn 0 Taft E. J. Loff, l!cw York City . Canadian Johns-Mnnvillc Company Ltd. J. P. Power, .Asbestos, Quebec Garlock Inc. 3. G. Dixit, Palmyra, I'ev; York Johns-Hanvilla Corporation C. G. Guerin, Manvilla, Unv; Jersey . v7. B. 'P.eitse, Denver, Colorado Lake A.sbastos of Quebec Ltd. E. A. Farrell, !Tew York City P>. L. Lofabvro, Black Lake, Quebec II. IC. Porter Company, Inc. E. C. Bratt, Charlotte, north Carolina I*. E. Moody, Charlotte, north Carolina Raybostor.-M.anhattan, Inc. R. T. Matthew.', north Charleston, Couth Carolina I. II. Qeaver, clanhein, Pennsylvania Uniroyal, Inc. W. D. Rittincer, Uinnnboro, Couth Carolina E. E. Carden, Ilogensville, Georgia L. F. Dieringer, Middlcbury, Connecticut Thu meeting included discussions in the following areas: dunt (fiber) counts improvements, special checking, etc.; and recent experiences with 031 (A inspections. When taking dust counts, one company now is using a method of placing the filter intake valve near the; person's month and nose i_L.. Pago 2 - Minutes of the 7vTI Air Hygiene f< Mfct. Committee - 0/7/73 and in some cases will use two units with the second on the employee's shoulder. Also, it vras pointed out, again, that the height of the person being chocked has some bearing on the dust count, bust cn fiber samples, when chocked by different people, shows a difference or a variation of as much as 5 to 1 and an average of 40% variation, . plus or minus, with more variation on higher counts. Spacing of equipment using a larger area and using a second unit -3 to recirculate the air has shewn some reduction in dust counts. 'Then stripping cards, use; hoods placed as low as possible over the area and strip with a brush attached to a vacuum., Gone plants utilize the Aldington systen when stripping cards. One plant reported the use of a light spray (T-T-X) on mixes using roughly 2%, while another plant sprays carrier only with a mixture of water and ban-set. Both plants report sene reduction in dust as a result of using the sprays. In a recent plant inspection by OGK?., one company received several fines for the follov/ing items: 1) Gome employees with no respirators; 2) Company had not provided protective clothing in required areas; 3) Citations resulting in two .7700.00 fines for exceeding five (5) libers in ono area and a time-weighted average of over ten (10) fibers in another area. In some recent cases the OC'IA Agency has reduced dust counts by 25% before actual.\y issuing a citation. bone plants are using rental uniforms and lockers both furnished by the rental uniform people. The uniforms, two per employee each week, averages about 02.50 v/eokly. In most cases the rental uniform is a short-sleeved shirt and pants only, and this has been acceptable. Respectfully submit.tod, Bud B, Cardan, Chairman ) PLAINTIFF'S EXHIBIT AO MINUTES ASBESTOS ADVISORY COMMITTEE Asbestos Textile Institute June 7, 1973 -- Key Bridge Marriott, Arlington, Virginia IN ATTENDANCE: E. V7. Russell, Chairman T. P. Jackson A. i;u zrnuk > . n. j. Scanlan ri. o. Scov/croft D. M. Fagan, ATI Executive E. J. Loff, ATI Legal Coun: The Board of Governors of the Asbestos Textile* Institute took action at its September 197?. meeting to change the Institute's Constitution and By-Laos. The change permitted weavers of asbestos-containing fabrics and tapes, for resale as such, who do not manufacture the asbestos yarns used in sane, to be eligible for Associate Membership. In light of this action, tho Asbestos Advisory Committoo was requested to determine a method of extending membership. After considering several alternatives, the Committee ac cepted tho offer of M. Q. Ecovcroft to prepare a news release for insertion in tho July 197 3 issue- of ABBESTOS magazine. Tho release will state; tho By-Lav change and will publicly extend membership to those qualified and interested. T. P. Jackson of Jobr.s-Mnnvilla Corporation will servo as Membership Chairman. Respectfully submitted, K. r. Russell, Chairman Ii I R TJ T E S TECHNICAL COMMITTEE 0 PLAINTIFF'S - EXHIBIT ! * # a# ! /Os+ys Ashefjtos Textile Institute -Tune G i 7, 1973 - - Roy Bridge Harriott, Arlington, Virginia IN .ATTENDANCE: J. W. Hawkins, Rnybestos-Manhattan, Inc. T7. 'tnaekant, Anntex Corporation P. o. Micoderaun, nonoral Electric Company/aetu C. G. Guerin, Johnn-Mnnvi.llo Corporation IK Ecliord (Chairman) , IT. -t. Porter Company, Inc. Carl G. Guerin, of Johns-Manvillo Corporation, war, welcomed ar. a new member of the ATI Technical Committar, replacing Irvin Barnett. T. special meeting of the Committee vns held on June 6th to review the ASTM Standards for Yarn, Coving, and. Lap. The Committee's proposed statements on precision anc1. accuracy were approved by the Editorial Committee of AETV D-13 an being editorial. liowevcr, the statements vrere rejected by the AST.* Standards Editor who spe cified. they must he put to letter ballot after assigning a schedule for intor-laboratory testing. Che samples of yarn, roving and lap will be analysed by Raybostor>-!'.anhattan, Inc., Amatnx Corporation, General Electric Company, Gariock Inc. and I:. It. Porter Company, Inc. Testing should bo completed prior to tho Spring 1974 mooting. The Johns-IIanville tumblor-tost procedure vas discussed as a means to determine the relative, dustiness of various asbestos products. J. ?. Hawkins will determine if this equipment is o--MiInblo for /ATI evaluation. The feasibility of building a similar tester also will ho considered. ASCII Subcommittee 5)13.14 has been requested by tho W.S. Ilavy to change 0-315 Asbestos Tapes to conform, with IV.da ml Specification :TI-T-17R?. so it nay bo used for direct procurement purposes. Re vision would require the addition of a quality assurance provision, a section or. packaging ana an obsolete table on tape stylos. Tho ATI Technical Committee feels that this information should, not bo included in a "Material Epocif iention." P. 0. Vicodor.ua will re view the objectionable items with AETM Infers replyiu.g to the Envy. A dra. t of proposed Military Specification Mil,-7.-3053}*-- "Insula tion, Electrical, Asbestos-Fiber, Treated and Untreated" was submitted for approval. Tho Chairman was instructed, to request an extension for comments until after tho October 1973 Committee meet ing. respectfully submitted, J. Pc herd, Chairman 1-1- !1 I II U T E S FIBi:n RESEARCH u TESTING COMMITTEE PLAINTIFFS EXHIBIT /O //^ 7S Asbestos Textile Institute June 7, 1973 -- Key Bridge Harriott, Arlington, Virginia III ATTENDANCE: W. C. Streib, Johns-Manville Corporation H, Smith, Eoll 7>..thentos Mines Ltd, T). E. Childers, II. K. Porter Company. T.r.c. C, E. ntiefken (Chaiman), Anoriceii "...lalting Refining Co. The footing was totally devoted to discussions of the progress of the 3rd Edition of the Chrynotilc Asbestos Tost Manual. It was noted that the AGFA (Asbestos Cement Products Association) has become defunct and all references to that, organization have boon removed fron the new manual. It was decided that for future test deletions, a substitute rage would be inserted into the manual, containing the previous test number with an explanation of the reason for deletion. It would be indicated that the test could ho obtained from ATI, if required. Since ACPA is defunct, the ATI has, for the record, aareed- to sponsor an original ACEA tost -- .strength in Asbestos Cement Products, F-3. Test G-9, CSIT Magnetic Eating, has been approved for sponsorship by the ATI. The Test Manual has be.on assembled in rough form, requiring soma editorial changes. This draft will now he reviewed by the /ATI Fiber Kesearch r, Testing Conr.ittee. Chon approved, the draft will be submitted to the printer for a roasonr.bly-accurato cost estimate. All original typing, sketches and photographs will than bo assembled for printing, hopefully by tine end of this summer. It will bo he.pful for the membership to sub-nit copy requireneats to Doris Fagan as soon as possible. ''aspectfully submitted , c. rtiofkcn, Chairman raWSAUKfl OF COn^FF.L PLAINTIFF'S EXHIBIT /o ^ .''.r.hostor, Textile Institute General 'tooti.no June 7, 1073, Arlington, Virginia At the February General Meeting in Atlanta, rondel?. Alcorn presented to you remarks of counsel dealing with illegal divisions of territory among competing sellers. The cases he referred to than dealt with explicit agreements in which the nap *ear. carved up among the sailing companies involved on the principle of "one region ona company". The decided cases have hold such agreements to be unlawful, with a few limited exceptions; A recent case has focused attention on the division of markets vhare the agreement cr plan is not clearly spalled out. In Hobart brothers Cci.ip.any v. ilalcoln T. Gil lined, Inc'. , 071 F.2d 09* (5th Cir. 1973), cert, denied, <il U.F.L.n. 5C?.2 (.bay 29, 1973), a distributor of welding equipment was assigned by the manufacturer "primary responsibility" for distribution in northern Georgia. The natural commercial instincts of the firm, however, led it to begin selling in Tennessee, which was not only outside th* northern Georgia territory, but was within an area supplied directly by the. manufac turer. Fventunllv, the distributorship agreement was cancelled by the! manufacturer, and the distributor sued the manufacturer, charging an illegal division of territories. The defense emphasised the absence of a written contract prohibit ing the distributor from selling ir. any particular area. There had been such an agreement years earlier, but cour.se 1 had remedied that problem by drafting rev; contracts assigning "irons of primary responsibility", which did not on their face liziit sales elsewhere. The courts nevertheless held the arrangement to be illegal. The Fifth Circuit Court cf Appeals stated that "A si.l'vit understanding can be shewn by the course of conduct of the parties." The chief" damaging evidence was an intra-office nemo from, the Tennessee dis trict representative of tho manufacturer to the hone office which reported the distributor's sales ir. Tennessee and urged the manu facturer to "counter" by selling directly in. the distributor1 s territory, northern Georgia. One of the important teachings of this car, i is that compliance with the antitrust lavra - who'her the issue is prices, distribution schemes, refusals to don with certain companies, or ary other sensitive trade regulation matter - is not achieved by rmn.lv avoiding the obvious, spoiled out forms of transgression. Gar*' n.uv/t bo taken not to lessen competition indirectly or through unexpressed understandir.gs as *.v.l 1. having mentioned violations of the law thronqii nrre devious means, which s-j.jr-.s to no appropriate at this gathering, so close to the Watergate building, I would like to r.ot:o another connection be tween antitrust law and politics. morbidity dc.tr., no new reported adverse comments and initia tion of new studies not available for n nwJwr of years, the subcommittee on asbestos stated, "It is therefore recommended that no changes be made at the present tine, hut that the standard r>o. kept under review." f 3) Pages $-17, Biological Effects of Cancer - Report of the h.dvisory Committee on Asbestos Cancers to the Piroctor of the international Agency for Research on Cancer - R.eport divided into two parts, the first a question-and-answer section devoted to the latest thinking on the relation of asbestos exposure and cancer, and the second to recommendations for future research ir. epidemiology, pathology and physics and chemistry of asbestos-relatad cancer. Respectfully submitted 7,. hierinqcr, Chairman PLAINTIFF'S j EXHIBIT * AO ./4&7S-. J EHVInOlIMENTAL HEALTH COMMITTEE Asbestos Textile Institute Juno 7, 1973 -- Hoy Bridge Harriott# Arlington, Virginia Ho formal meeting of the Committee van hole, and the throe members sat in on the discussions of the Air H.yqieno 6 Manufacturing Committee. As of mooting tine# the following is the status of various pro posed OSTLA occupational health standards which are of interest to rr.eir.be r companies: 1) Poise -- A Department of Labor Standards Advisory Commit tee is meeting periodically to consider this standard. At its mooting in Boston on 'lay 21# 1973, the Anarican Confer ence of Governmental Hygienists (ACCIT;) recommend ad the adoption of a notice of intent to change the' Hoi so Threshold Limit Values to C5 dBA for an 0-hour-a-day# tine-weighted exposure. .At the C.CJIA standards Advisory Corm.ittee meeting in Washington# D.C.# on Day 30, 1973, Dr. V. H. 'ii.ldyard, Committee Chairman# stated that the level of exposure to noise for employees trill probably remain at 90 drA. 2) Heat C. tress - J'.CGIH also recommended at its Do scon meeting the adoption of the Heat Stress Threshold Limit Values which v;orc published as a notice of intent in 1972. It differs slightly from those recommended by DIOC IT in its criteria package in that permissible work-rest regimens are specified. The status, of the proposed standards is clouded, by recent criticism that the 175GC index: is not an adequate indicator of heat stress. Proposals have been na-b that sweat rates and heart rates are more indicative of 'mat stress. Decant articles of interest iron the Annuals of Occupational Hy giene, Volume It, 1973# house organ for the British Occupational Hygiene- Society, are: 1) Pages 1-5, Hygiene Standards for Airborne Amosite Asbes tos Lust - "The subcommittee (on asbestos) has reviewed the .information on human exposure to airborne Anosito dust and animal oxporinunt?;. The subcor.'j.iitt. i believes it has insuf ficient knowledge of the r< latior.shiw } -.--f v-en airborne Amos ito dust exposure nn:l thr. ris): of asvostosis to pcrr.it an.accurate statement of the degree of protection afforded by -a specified hygiene standard. Nevertheless, on the basis of comparisons bet"oan the affects of Amosita and -Thryaot.il: uust on m.c.-u and animals, it i.> rocoitnendod that the standards cn Amosito should b:: no less sr.rindent than those for Ahr^sotile. *' "'ygione ttanbard for thr-motila information of Ou-.-Loo r-oi l-.s1 i t'v nnd PLAINTIFF'S EXHIBIT AOm /5~~^ _ Pago 2 - henarks of Counsel - AT?I General I'oe.ting - 6/7/73 Trade associations as veil as other commercial grouos car run afoul of the lav; by assuming power in their private activities which pro perly belongs to the government. The early price-fixing cases reflect the view that private parties should net be permitted to regulate sc sensitive a feature of the economy as prices. Similarly, any joint action which excludes ccrtvain companies from important commercial benefits is viewed by the* courts an the imposition of a punishment - which is a power reserved to the courts. In Fashion Originators1 Guild/ Inc, v. Federal Trade Commission, 312 U.f>. 457 (1941) f for example, a combination of nar.ufacturers cf woman's garments and r.ianufacturers of textiles tried to prevent the copying of their fashionable clothes by so-called "style pirates". The fashionable clothes group refused to sell their products to manufacturers or retailers of garments who dealt with the competing "style pirates". The Supreme Court rejected the defense that such a practice was justified by the necessity of ridding the business of unscrupulous garment designers. The Court said: . . the combination is in reality an oxtra-governr.cntal agency, which prescribes rules for the regulation and re straint of interstate commerce, and provides extra judicial tribunals for determination and punishment of violations, and thus 'trenches upon the power of the national legislature and violates the statute* [i.c., the Che man Act]." 312 r.f. at 4C5. Co long as private companies retain their competitive individuality, however, and restrict their joint o.fforte; to constructive objectives which reasonably serve that individuality, there is little danger of antitrust difficulties. eugene -T. '.off. Attorney :adt?J'jjvdyP.t VIC" X.' T ^ * * 1 *1 * .v. PLAINTIFF'S EXHIBIT AO ABOUT THE SPEAKER The names Matthew M, Swetonic and Asbestos Infor mation Association/North America are synonymous. It was Matt who developed the original AXA/NA Prospectus in the Fall of 1970 and who prepared the presentations for both the introductory and the organization 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 OSHA hearings and wrote for others or presented himself six major presentations in a period of 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 New Yorker, was reared in Easton, Penna., and now 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 News/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 Ex< cu- tive Secretary of the AIA/NA as the major respon sibilities included writing J-M asbestos-health position papers, preparing speeches on asbestos- health for top J-M executives, working with J-M public relations counsel and learning asbestos- health literature backwards and forwards. A Presentation Before the WHY ASBESTOS ? Asbestos Textile Institute Arlington, Virginia - June 7, 1973 PLAINTIFF'S [* EXHIBIT l hO /'jorvtr' "" ' Ey: Matthew M. Sv;etonic, Executive Secretary /asbestos Information Association/Morth America I an sure that many of you have asked yourselves, as I have asked myself, why has the asbestos industry seemingly been singled cut 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? VThy us? Can asbestos really be all that bad? Are the products ws produce truly going to kill millions of Americans, as some experts have predicted? Or is there some sort of nefarious conspiracy afoot to destroy the asbestos industry? The ansvrer to the question of "Why us" is both complex and simple. Complex because it is a combination of three interrelated but separate factors. dimple because each of the factors is, when considered hv itself, quite obvious. The three factors are (1) asbestos can cause disease, (2) a spokes man arose to champion the need for asbestos control, and (3) a cornucopia of new government agencies were set up to control materials and products that can cause disease. Let us lock at each of these factors in turn. First, there is no doubt that the inhalation of substantial amour.as of asbestos can lead to increased rates of various types of lung disease, including two forms of cancer. These are facts which can not be denied, even if they do not apply in all circumstances and under all conditions. The medical literature is full of solid evi dence linking asbestos to disease. In my office, I have on file more than 2,000 medical papers dealing with the health risks of asbestos and hundreds more are published every year. Secondly, the spreading of concern over the health risks of asbes tos has as its prime spokesman one of the most talented medical publicists of the ago -- Dr. Irving J. Sclikoff of Mow York's Mou a Sinai Hospital. Met cnly is Dr. Sclikoff capable of arousing the ire and moral indignation of the most conservative reporter or politician v;ith his gr.nphic descriptions and predictions of the ravages of asbestos, but ho has also surrounded himself with a group cf similarly talented associates who have carried the .Mount Sinai message to the far corners of the nation. bhilc Dr. Sclikoff has, in his zeal, unquestionably painted a far darker picture than the facts warrant, wo should always remember in his defense that the inr.o 1 at-.ion vjnr!<rrs he has Kr.,->n snulyinn fa- PLAINTIFF'S [i EXHIBIT 3 J,0 Pnge 2 - WSiy Asbestos?, by IK !1. Swetonic, AIA/UA mProeresetnhteadn atodtehceadAe TwI earet Aanrdlinsgttoilnl , aVreirgdyininiag ~fro6m/7/a7s3bestos related disease at an appalling rate. Such a situation would be sufficier. to make a crusader our of the nost conservative of scientists. Finally, in the past decade there has been a trenendous growth in public and governmental interest in environmental and occupational health matters. This interest has been translated into a scries of far-reaching laws affecting industry in a manner hitherto unknown in this or any other country. I believe it is accurate tc say that these new lavs, such as the Occupational Safety and Heal Act, the Clean Air Act, the Consumer Product Safety Act, and other have forever altered the concent of the free enterprise system as was known in this country for a hundred and fifty years. Thus, in combination, these three factors created a situation in which a cadre of freshly created federal agencies, with strong statutory authority, were prodded into assigning priority status t asbestos by Dr. Selikoff and his followors, who achieved these er.c through skillful use of the great wealth of negative asbestes-heai data 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 lead th attach, and because Congress had graciously provided the vehicles for such an assault. The background of industry efforts to deal with the asbestcs-hcnlr problem as a national issue goes back nearly a decade, to Dr. Selikoffs now famous 1964 seminar on asbestos disease at the Hew York Academy of Sciences. I?hilc thi.s seminar did nuch to prick th industry's conscience about asbestos and health, the problem, still remained one of limited public and press interest until around 1067, whon the media began boating the medical hushes searching fc stories that would graphically portray American industry's suppose disregard for the environment and for the health and safety of its workmen and the American public. The asbestos-health problem was found to be tailor-made for such stories. As n result, starting with Paul Drodeur's infamous Hov? Yorker article of March 1968, asbestos has since grown into an item of major press interest. In those years, industry efforts to combat the spate of negative press articles on asbestos were carried on primarily by the Johnsitanvillc Corporation, which set up a task force of specialists in various fields to do what it could to portray the problem in its proper perspective. While some minor successes were achieved, it v'as found that no or.e company acting independently could adequate! or effectively represent an entire industry in dealing with the press and with government officials. As a result, in late 197 0, eight companies gathered in How York Ci to launch the Asbestos Information Association of Morth ,America, Page 3 - Why Asbestos?1, by M. M. Swetonic, AIA/I1A Presented to the ATI at /Arlington, Virginia - S/1/12 v;hich was patterned after the British /vsbestos Information Commit tee, which had been established some three years earlier. In our original concept, the /xssocintion would limit its activities to providing accurate, unbiased information on asbestos and health to the press, to the public and to interested politicians and other government officials. It must be remembered that at this particu lar time, the enormous problems that would later develop v;ith regard to OSHA and other federal regulatory agencies were as yet cr. the distant horizon and basically unrecognized by the industry. Fortunately -- and properly -- the Association has had the wisdom to alter its original limited concept of its proper functions, and nov; endeavors to assume whatever activities and responsibilities it deems necessary to protect the interests of the asbestos manufac turing industry in the United States vis-a-vis asbestos-health. From this rather narrow initial public relations concept, the Association has grown in the last two years into an organization with priorities in eight major fields of endeavor. These are: Medical Affairs, Legal Affairs, Environmental Control, Customer Relations, Employee Relations, Inter-industry Relations, Publicity and Public Relations, and Government Affairs. To take these activities one at a time, let us start with medical affairs. It is an obvious fact that if an organization is to speak authori tatively on a medical matter, it must not only be steeped in the literature of that particular medical subject, but it must also keep itself constantly informed of new discoveries and developments. This we have accomplished in a number of ways. For example, by sending representatives to important medical meetings, such as the 1972 Lyon, France, international conference on the biological effects of asbestos, which was sponsored by the !?crld Health Organi zation. . We also meet on an irregular basis with various medical experts in the field, both from the United States and abroad, to review and discuss recent developments and discoveries. Our literature research is cased considerably by receiving the monthly medical paper distribution of the Institute of Occupational and Environmental Health in Montreal, which is funded by the Cuebaa Asbestos lining Association. This year, for the first time, the AIA has elected to sponsor medical research of its own. Currently underway is a completely AIA/n/v funded study of chest sounds, which is being conducted by Dr. Raymond Murphy of the Harvard School of Public Health. The purpose of the study is to find a now method of determining an. individual's potential susceptibility to asbestos disease. rage 4 - Why Asbestos?, Presented to the ATI at PLAINTIFFS (i EXHIBIT * J'O________ The /Association has also recently decided to contribute to sene v:r; exciting research into a possible cure for mcsctheliona through electromotive treatment. This study is being conducted ct Somerset Hospital in Hew Jersey. In the legal affairs area, the Association participated in an amicus curiae capacity in the lav; suit, brought -by the Industrial Union Department of the AFL/CIO against the Occupational Safety z~z Health Administration on the asbestos standards. In our brief the Association supported OSHA against the IUD, scnev;hat of a unique position for an industry to find itself ih vis-a-vis a governmental regulator*/ agency. Oral argument on cho case was held April 4 ir. Washington. While a decision has yet to be handed down by the Court of Appeals, we are confident that the case will be decided in our favor. . The Association has retained the services of a special technical consultant on environmental control affairs. At. the present time, he is working with the AIA/MA Environmental Control Sub-Committee cn the development of a series of five Association compliance manuals on the OSHA standards. Last year, because of the well established unreliability of the membrane filter method as a monitoring tool in the asbestos industry, the AIA undertook the sponsorship of a study at a research laboratory in California to determine the effect of ccrtrtr. variables on the overall accuracy of the method. The results of the study showed an error factor cf plus or minus 50 per cent under the most favorable of measuring conditions. These results were str.t to both OSHA and to the National Institute for Occupational Safety and Health. A number of the recommendations contained in the stub.* for improving the accuracy of the method have been incorporated ir.ro a scon-to-be-released revised HICSII operations manual on fiber counting. In the customer relations area, the total effect of negative pres* publicity and government regulations on industry customers is still today rather poorly defined. Seme members of the Association he. a reported serious problems in this area, while others hove experienced few or no difficulties thus far. Where customer problems do exist, they normally fall into one cf five categories. - First, the customer has thoroughly investigated his situation and lias found that he can no longer afford to continue using .asbestos or asbestos-containing products, either because the cost of control is too high or because he would have to rai.se the price c: his product to a level that would make it non-competitivc with non-asbestos containing substitutes. Second, the customer has not thoroughly investigated his si tint i or and only thinKs that he can no longer afford to continue using asbestos. r n r.i n. n t r o> Pago 5 - T7hy Asbestos?*, Presented to the ATI at Third, the customer has read one or more negative articles on asbestos in the public press .and has made the snap decision that "we ought to get that dangerous stuff out of our plant." Often, decisions of this nature are forced on top management by illinformed medical advisors or safety and health directors. Fourth, the customer has neither a control problem nor is he parti cularly afraid of using asbestos in his own plant. However, he is fearful that those of his competitors '-hose "finished produces do net contain asbestos will stress the adverse health effects of asbestes in trying to take business away from him. Customer fears cf this nature are essentially "gut" reactions and are hcr.ce extremely difficult to deal with. Fifth, the customer has none of .these problems cr fears but he hs been advised by a government official or inspector that he would better off if he quit using asbestos or asbestos-containing produ in his plant. Uhile this problem docs not appear to be widcsprcc wo have learned of a number of situations vherc it has occurred. Actions of this nature by government officials are totally uncall for and should be dealt with promptly and decisively. The best solution is to obtain complete details on the incident end then t register a formal complaint with the offending official's framedit superior cr with the government agency involved. The Association's first reaction to the overall customer relations problem was to approve funds for a series of. four regional seminars at which industry customers would be given a number of basic presen tations on the various aspects of the asbestos-health problem. The seminars were tentatively scheduled for the Spring of 1973. However, the experiences of a number cf our member companies shewed that general "catchall" typo seminars of the type originally contemplated would not bo effective in dealing with the majoritv cf customer relations problems. In order to do the job properly. It was found that customer presentations have to bo tailored to the needs and problems of the individual customer. As a result, the /issociotion cancelled its scheduled series of seminars and instead elected to develop a number of packaged slice presentations on such topics as "The Facts About Asbestos and Health," and "Understanding the OSIIA Regulations," which could be . used by member companies as part of a tailored presentation to individual customers. As with customer relations, the Association feels that employee relations is a problem best handled by the individual member companies. Thus far, the AI.Vs sole contribution in this area of industry concern has been tc prepare thj draft of an Employee r.afery and Health Guide on Asbestos-Health. The draft was made available to the member companies for their own use and at least one has produced it in booklet form for distribution to all its employees. Pago 6 -- Why Asbestos?4, by M. II. Swetonic, AI7i/NA Presented to the 7iTI at Islington, Virginia - 6/7/7 PLAINTIFF'S j EXHIBIT 3 --/,o I personally believe that the employee relations aspect of the asbostos-henith prbfclcn is one that has been sorely neglected by nost companies within the industry, .and that it could develop intc a major problem area in the near future and that steps should be taken now to deal with it. Vie know that various organized labor groups are planning a full scale campaign to brine their interpre tation cf the asbestos-health problem to the attention of asbestos industry employees throughout the nation. If the industry permits this interpretation to be,disseminated without rebuttal, the consequences could be grave indeed. Inter-industry relations arc best defined as keeping the industry informed about important net: developments on the governmental, medical and press relations fronts that affect asbestos. This is accomplished within the AIA by periodic distributions of documents and information to the member companies and 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 drten names in 1971 to more than 60 a year later. tlhile we have had to trim the list somewhat this year for logistical reasons, we assume from the frequent requests we still receive to be placed or. the list that 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, effort and money within the Association. Those cf you who are familiar with the treatment that asbestos has been receiving in the public press over the years can readily understand why this activity ranks so high on our priority list. bTiat you may not understand are the reasons why c.ur extensive efforts in dealing with the nation's press have been so unsuccess ful to date in producing the theoretical "balanced" or "positive" story on asbestos and health. The simple fact is that from the standpoint of today's young activist reporter, industry is the bad guy, and nothing we do, sav or achieve can ever change this impression. If wo spend $10C mil Lon dollars on environmental control, the press either says we. oughw to have done it ten years ago or that we should have spent 6200 million. If wo sponsor medical research, they say we are trying to buy favorable results. If v/o arc opposed to ridiculously stringent standards, they say we arc in fav^r of letting our employees die. A television executive in Minneapolis described this nc-w breed of reporter as being "so intent on demolishing the cs tabl ishnor.t that they would blindly destroy the credibility cc the medic in the bar gain." ?nothcr TV executive, this time in Chicago, stared "they PLAINTIFF'S i EXHIBIT 1 _ AO Page 7 - Why Asbestos?, by H. M. Swetonic, AIA/UA Presented to the ATI at Arlington, Virginia - 6/7/73 want to make moral and political and social judgment s on their assignments and then take sides. never mind getting the facts straight.n As a result of this "industry is a monster" philosophy, asbestos will remain a hot news item only so long as the news is bad. The "good" that asbestos does in protecting lives and property is of no concern to the press. Likewise, industry efforts to protect workmen and the general public from asbestos exposure will always be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producing a "killer" product that is the sole element of news worthiness in the asbestos story. The press relations battle will therefore he won, not when the media starts to print positive or balanced articles about asbestos, but when the press ceases to print anything about asbestos at all. As long as negative news on asbestos-health continues to be generated, the media will continue to eat it up. The media will only cease to carry such stories when the generation of negative news ceases. It is as simple as that. Positive or balanced stories axe a chimera, since they are, by definition, not newsworthy. Let me give you a very specific example of this last principle ir. action. As most of you already knew, the Association is currently engaged in an extensive campaign to interest the trade press in articles on the benefits of asbestos and on industry accomplish ments in the environmental control area. The trade press, unlike the national or public media, is much more receptive to articles of this nature and we expect tc be seeing a number of positive stories in the trade press in the next few months. In any case, we also from tine to time put out press releases on various subjects relating to asbestos-health. A few weeks ago, wc issued a release on the report of the advisory committee on asbestos cancers of the World Health Organization. In brief, the report concluded that the general public is not in danger from asbestos in the environment. Thus far, we have received nearly two dozen press clippings from trade publications that carried the story. To the best of our knowledge, not a single newspaper, news magazine, rc iio or TV station, or any other segment of the public media ran the story, with the solitary exception of a French language paper in Torontc. As I said before, if the news is good, the press simply isn't interested. Nonetheless, the Association has no intention of abandoning cur efforts vis-a-vis the national media. We will continue to issue appropriate press releases, cooperate with feature writers doing stones on asbestos, write letters to the editor v?hcn those stories appear, and in short, dc> all wo can tc present the press with a balanced view of the asbestos-health situation. Page 0 - Why Asbestos?1, by M. !1* Presented to the ATI at Arlington PLAINTIFF'S [j EXHIBIT ! J: i I I Our most recent effort in this reg, arvdiiMhansuabee-n ot/h,e/ preparation ar.f printing of an Asbestos and Health Information File, which ve have nailed to some 3,000 newspapers, nngarir.es, trade publications, radio and TV stations, science writers, etc., across the UnitedStates. Basically, the file contains copies of five industry position papers on asbestos and asbestos-health, as well as a number of important medical papers and a pair of photographs illustrating the benefits of asbestos and industry efforts at environmental control. While we don't aspect our information file to change the whole attitude of the press toward asbestos, wo are hoping that the media will make use of it to accurately report the industry's position when doing .stories on the subject. And now, having heard the bad side of-the public relations problem, it's time for some good nevs. . . And the good nev/s is that despite all the negative articles on asbestos-health that have appeared in the press over the past half dozen years, very few people have been paying attention. Let me explain. In February, the Association undertook a personal interview research survey of the American public to determine its attitude toward asbestos and its awareness of the health issue. The survey was conducted by the Opinion Research Corporation during March ar.i April. More them 2,000 demographic.illy selected Americans wore interviewed. " "* Without going into enormous detail, the results shew that only 22 per cent of the American public are awo re of the health, hazards of asbestos, and that 80 per cent of these consider it a hazard only to those who are occupationally exposed. h mere three per cent or those interviewed stated that they considered asbestos a health hazard to the general public, and less than one quarter of one per cent considered it the most dangerous material on the list they were given to choose from. Surprisingly, the college ago veuths of America are no more aware of the hazards of asbestos than their parents and grandparents. These results should. >e reassuring to those industry customers who fear that the general public 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 interesting at this point to take a very brief look at the manner in which Dr. Sclikoff and his supporters have used, his research results to dramatize and exaggerate the seriousness of the asbestos-health problem, I hove two charts which point this cut rnr hor cone 1 usi.vo.ly. Page 9 - *.-Thy Asbestos?, by U I!. Cue tonic, AIA/UA Presented to the ATI at Arlington, Virginia - 5/7/73 The first chart -.shown the actual results of Dr. Scliknff's four mortality studies'cf asbestos workers. The numbers in parentheses beside the figures fer total number of verkers indicate those who have so far died from all causes. The percentage figures alongside the total number of deaths from asbestosis, lung cancer and nesctheliona are based on `the total number of deaths from all causes, not on the number of workers in the study. Tiie most important study of the 'group is the second from the top, shoving the deaths from asbestos-related disease among all members of the insulation workers union, regardless of length of exposure. You will note that 3 4 per cent of those workc-rs who have died thus far have died from one of the throe asbestos-related diseases. Those, then, are the facts Dr. Colikoff works from. This is whet he knows from his own investigations. "cv let us take a look at what he has done with those figures in order to dramatize the problem. Chart number II shows Dr. Solikoff's predictions about asbestesrolated deaths in the United States. without going into details, Dr. Sclikoff .has arrived at .his projections by the simple procedure of multiplying the percentage of deaths from ashestos-related disease among his insulation workers by tan total number cf employees in the entire industry. You will also note that ho has raised his projected death estimate to enormous heights over the past year by singly increasing the base figure of onployens exposed, "bile still retaining the percentage multiplier of 24 pax cent being experienced by the insulation workers. . J I night point out that tills tactic, however deceptive, has been nr. enormous success since each raising of the estimate has earned Dr. Edik-off correspondingly greater coverage the media. ho finer example exists of the total gullibility of the press than the manner in which it allowed its prejudices to be manipulated and played upon in this situation. Please don't got no wrong. I have no doubt that the insulation workers are in fact dying as r~pidly as Dr. E.'lihoff says they are. The problem is that bo has tr? 'slated their mortality experience to the rest of the entire industry, which is ccrmlately erroneous. In the first place, the estimated number of employees in the industry is too high -- five times too high to bo precise. Ever, mere important, according to an analysis >/ the Association c.f more than a dozen mortality studies, including those of Dr. Gclikoff, our prediction is that approximately 25,00k past and present employees in the .asbestos industry have died or ''ill eventually die of asbestos-re lo red disease. This is )~*ss rhon nno- t>'i Page 10 - t7hy Asbestos?, by H, !!. f.wotonic. M.A/hA Presented tc; the ATX at Arlington, Virginia - 6/7/73 PLAINTIFF'S EXHIBIT /,o of Dr. G<li3^.cf f ' r most recent estimate* In addition, our figures show that 20 r.f the 25,000 deaths -- or C0 -- will occur aneng those in the insulation trades. T^hilo these estirates should he reassuring tc those in the mining and manufacturing areas of the industry, we should not forget that 5,000 of our workmen arc still going tr die of asbestos-related disease and that, all things considered, there is absolutely nothing that v;o can do to prevent it. The only thing *'e can do is to clean up cur plants to assure that those entering the industry in the future will net have the same experience. Hithin the past year and a half, the main thrust of Association effort has shifted to the government affairs front. The principal agencies in Washington vith which we have been dealing are the Occupational Safety and health Adninistration; th-' Environmental Protection Agency; the Food and Drug Administration; the Bureau r.f 'lines; and, to a lesser degree, the national Institute of Occupational Safety and Health, and the 'rational Institutes of Health, both of which are mainly involved in research efforts. In addition, a few weeks ago we were contacted by the Federal Trade Commission, which had received a petition from the Center for Science in the Public Interest requesting an investigation of consumer uses of asbestos for this purpose of determining whether certain products ought to. l-o labeled as hazardous and v'hethcr warnings should he required on all advertisements for those pro ducts. On the basis of a preliminary meeting with an investigater front the FTC it would, appear that we have, little to worry about in this particular area. The Occupational Safety and Health Administration has been of enormous concern to tho. industry over the past 1C months. As nest of you already know, the Association expended tremendous efforts during tho six month period leading to the promulgation of last June's 0311A standards on asbestos. I think it is a gauge of the effectiveness of the total industry involvement in this most crucial ratter that of eleven main rcnnirertints in the standards, the industry position '-ran .accepted totally hy OS-'A on nine of tho eleven, about fifty per cent on a tenth, and totally rejected on only ona. 0S1IA is now planning to redo the standard, package ant', wo arc* work ing closely with then on this project. Tho first stop ,rill ha the formation of a 15 nan advisory committee to rovicu the currant standards and any additional nodical and technical data that has become available in the year since the standards wore promulgated. forking in cooperation with nino ether trado associations t*e have selected four individuals as Industry-vido recbm-'.ond.ations to OCI'A for the four so-called "employer" spots on the advisory cornj.ttec. Page 11 - Hhy Asbestos?, by J*.. It. fuetonic, Presented. to the ATI at Arlington, Virginia In discussing the formation of the advisory committee with John O'JTeill of the 05HA Standards Development Section, v.*c were ashed to add a couple of nones tc the list so that 05HA would have more of a selection to choose from. Thin we have agreed to do. The- committee will be given up to nine months to complete its deliberations and prepare for 03HA a revised standard package. This will be followed by public hearings, approximately a year from now. t?e do not expect to see a new standard promulgated before the Fall of 1974. 1 It is of course impossible to determine at this time vhot the no: standards will look like, however, I would venture to cay that they will certainly net be less strict than the ones we have today, although they will probably be less confusing and leave less rocn for employer interpretation. Something i/ill unques tionably be done to improve the current difficulties vith the monitoring requirements. The main function of the national Institute for Occupational Safety and Health is to conduct research and to prepare so-called Criteria Packages, which are essentially recommendations to OSI LA for stan dards on various materials, chemicals and activities. Such a package on asbestos was prepared by *TIO?ir at tile tine of the 05::?. prococdings last year. HICFF will not bo preparing a new or revised criteria package for the upcoming review of the asbestos standards. I do not believe it would be unfair tc say that all the agen cies in 'Tashington dealing with asbestos, Dr. Felikoff lias had. his greatest influence on the young idealistic scientists and doctors at dlCSll. Consequently, industry influence is weakest in this agency. It was EI057I, after all, that made the original recommen dation for a tun fiber standard in the United States asbestos industry. next to OPILA, the Environmental Protection Agency has the greatest potential ef any federal agency for adversely affecting the future of the asbestos industry in this country. Hot only is the DP A responsible for developing and enforcing air and. water pollution standards, but the T^xic Substances Control Act, now pending in Congress, will also become an i:PA function after passage. For this reason, I am pleased to be able to say that the asbestos * industry has an excellent relationship vrith the ETA. Ur finer proof of this exists than the fact that there was not a single major industry recommendation made to the EPA at the public hear ings on the proposed asbestos emission regulations that was n^t accepted either in toto or in principle in the final standards, which were published in early April of this year. b'e are presently working with the EPA on the development of waste water -affluent standards for asbestos manufacturing plants. ''a Page 12 - I7hy Asbestos?, by H. 71. &'atonic. Presented to the ATI at Arlington, Virginia certainly hope that these standards will turn o\it to be as reason able as the air pollution regulations. The proposed effluent standards are scheduled to be published in the Federal Register sonatina this Summer, to be followed by public hearings, with the final standards being promulgated in the Fall, perhaps as early as October. To are also planning, in the near future, to neet in Tlashington with representatives fron the standards development and enforcement branches, of the EPA to discuss with then questions of interpretation and compliance policy with regard to the now air pollution regulations. TTe have already resolved one interpretation question that is of special interest to the asbestos textile industry* Approximately two weeks ago I was ashed by a member company of tha Association to find out whether the HPA was planning to require the manufac turers of asbestos safety clothing to register as potential emission sources under the lav. In discussing the situation over the phone with E?A compliance officials, I argued that the producers of asbestos safety clothing were net manufacturers as defined in the regulations but were instead only fabricators of an asbestos product, ar.d as such, should not have to register as potential emission sources. f.ftcr our phone conversation ended, a brief meeting was held among the HPA compliance people. I was then called bach ar.d informed that they agreed with me that the safety clothing producers should not be required to register. While this rather minor problem tool: half and two or throe phono calls to the type of day-to-day services that its member companies. approximately an hour and a resolve, it is indicative of the Association provides for Over the past year the Food and Drug r&ninistration has shown an increased interest in asbestos as a possible hazardous contamin in various foods, beverages and drugs. Late in 1P72 they set up asbestos task force to review the situation, and to propose regul :x-- tions'and guidelines where appropriate. Thus far they have concentrated their efforts in two areas -- on the use of asbestos-contaminated talc in food packaging and in cosmetics, and secondly, on the use of asbestos colulose filter pads in the beverage and drug industries. In our first mooting with the FDA task force last. 'Jrvember on the falter problem, they demons traced ant', admitted to an appalling ignorance about the health hazards of asbestos. Tinea then, they have gotten one hock of a lot smarter, due at least in part tc tha tremendous amount of data end in formation which the ;.ecor* i .a t j on Page 13 - V!hv Asbestos'?, by H. is. Swetonic, AIA/UA ^ PLAINTIFF'S EXHIBIT LL ,, rrcscntcJ to the ATX at Arlington, Virginia - 6/7/73 has been supplying to them. As a consequence, the FDA is today less panicky about asbestos and therefore less likely to propose foolish, unsupporteble regulations. Spokesmen from the FD7. have, in fact, defended the filter industry against environmentalist attacks in the press and elsewhere in recent months. This is, quite obviously, a healthy sign. Our activities in the area of Congressional relations have been quite minimal to date, although v/c are preparing for the upcoming struggle in Congress over workmen's compensation reforn, at which time asbestos is unquestionably going to be racked over the coals by Dr. Celikoff and by representatives of organized labor. Unfortunately, the Association has neither the manpower nor the time to embark on a full-scale legislative information program. V?e have met on occasion with the legislative and legal assistants to various Senators who have attacked asbestos, however much more needs to be done in this area and I an afraid individual member companies are going to have to be the prime ball carriers and r.ot the Association. For essentially the sane reason, our government activities at the state and local level have declined uo essentially zero over the past year and a half. This has not been too serious a deficiency as most of the authority of the cities ar.d states in asbestos con trol has been usurped by various Federal regulatory agencies, nonetheless, more individual company activity is required at these levels of government. In conclusion, I thin]*, ve can all be justifiably pleased with what we have been able to accomplish in the past few years in resolving the cornucopia of interrelated problems that constitute the asbestos-health situation. Our plants arc cleaner and our workmen bettor protected. The gene ral public has been shown to be in no danger from asbestos, if it ever was. Y?hilc we have been regulated extensively, for the most part the standards that have been developed have net been as bad we feared they might be, and in some cases they turned out far be tor than we ever dared hope. In addition, v/hilo wc arc still tok*;.g cur lumps in the public press, the not effect of all this adverse publicity lias been shown to be surprisingly small. X?e have sweated a lot and we have groaned a lot, hut wo are still standing and wc are still viable. I sense today within the indus try a greater feeling of confidence in the future than at any time in the past few years. but we must not rest contented. Uo must remember that Dr. Celikoff has to date been far less suc cessful than our industry has in influencing the decisions of the various governmental regulatory agencies. This wj.l 1 make him try rt o - A. n n Q i 12 ,c " <Z/7j 73 . /Isze-s res Tsxtil. I aq sure that many cf you have asked yourselves, as Z have asked myself, why has the asbestos industry seemingly been singled out as the prime target for so many assults by government, labor, the press, cartaan segments of- the medical orofessior., ar.d by various environmental and consumer activist groups? Why us? Can asbestos really be all that bed? Are the products we produce truly going to kali millions of Americans, as seme experts have predicted? Cm is there seme sort of nefarious conspiracy afoot to destroy the asbestos industry? The answer to the cues tier, of "Why us- is both complex and simple. Complex because it :s a combination cf three- interrelated but separate factors. Simple because each of the factors is, when considered by itself, ouite ocvicua. . The three factors are {13 asbestos causes disease, (2) a spokesmen arose to champion the iwcil ::: esa^stot ccr.r.rcl j^gaai PLAINTIFFS EXHIBIT t'D - 3- and (3) a cornucopia of new govo meant agencies were sec up co control things that cause disease. Let us lock at each of these factors in turn. First, there is no doubt that the inhalation of substantial accounts of asbestos can lead to increased races cf various types cf lung disease, including cwo forr.s of cancer. These are facts which cannot ha denied, even if they do not apply in all circuresccr.ces and under all conditions. The cedical literature is full of solid evidence linking asbestos to disease. ' In ~y office, I have cn file rare tnan 2,CCC cedical papers dealing with the health risks c: asbestos and hundreds core are published every year. Secondly, the spreading of aiarr. ever the health risk: of asbestos has as its price spoke scar, one of the cost talented cedical publicists of the age ------- Dr. Irving J. Selikoff of Kew York's Mount Sinai Hospital. Not only is Dr. Selikcff f PLAINTIFF'S Id EXHIBIT L 3/?.<r 1 ff 1 1 capable of arousing the ire and -era! indignation of the most conservative reporter or politician with his graphic description and predictions of the ravages of asbestos# but he has also surrounded hires elf with a group of similarly talented publicity conscious associates who have carried the Mount Sinai message to the rar comers o: the nation. While Dr. 5elike:f has, in his real, unquestianally painted a far darker picture than the facts warrant, we should always remember m his defense that the insulation workers he 'has been studying for more than a decade were and still are dying from asbestos related disease at an appalling rate. This would be enough to cloud any man's thinking. finally, in the past decade there has beer, a tremendous growth in public and governmental interest in environmental and occupational health matters. This interest has been translated into a scries of far-reaching laws affecting industry aMBE PLAINTIFFS EXHIBIT ; l.o ^2^ 5 in a manner hitherto unknown in this or any other country. I believe it is accurate to say that these new laws# such as-.'the Occupational Safety and Health Act, the Clean Air Act, the Consumer.Protection Act, and others, have forever altered the concept of the free enterprise system as it was known in this country for a hundred and fifty years. Thus, in combination, these three factors created a situation in which a cadre of freshly created federal agencies with strong statutory authority, were prodded into assigning priority status to asbestos by Dr. alikeff and has followers, who used and in seme cases misused the great wealth of .negative asbestos-health data contained i:i the medical literature to achieve these ends. In short, the asbestos industry was singled out because it was vulnerable to attack, because there was setacne willing, almost anxious, to lead that attack, ar.a because Congress had graciously provided the vehicles for such an assaul PLAINTIFF'S [j EXHIBIT ).o 6 How much of whit Cr. S o 1 i !: c i f siys about asbestos true, arid the manner in which he has abused the available mac data in order to blew up an essentially occupational problem into a national calamity are topics which we shall examine a . bit later. i The background c: industry efforts to deal with the asbestos-health problem as a national issue goes back nearly a decade, to Zr. Selikcff's new famous 1964 seminar on ashesto disease at the New York Academy cf Sciences. While this sanir. did much to prick the industry's conscience about asbestos and health, the problem still remained cr.a of limited public and press interest until around 1567 , vr.en the media began beating the medical bushes searching for stories that would graphically portray American industry's supposed complete disregard for the environment and for the health and safety of its workmen and tho American public. The ashestos-heaith problem was found 7 to be tailor-made for such stories ar.d Dr. Selikcff was r.ct hesitant in catering to the sensationalist whins of the press. As a result, starting with Paul Brcdeur' s infamous Me*./ Yorker article of March 1963, asbestos has since grown into an item 1 of major cress interest. In those years, industry efforts to combat the spate of negative press articles on asbestos were carried on primarily by the Johns-Mar.vi lie Corporation, which set u? a task force of specialists in various fields to do vhat it could to portray the problem in its proper perspective. While some minor successes were achieved, it was found that r.o one company acting independently could adequately cr effectively represent an er.tir industry in dealing with the press and with government officials As a result, in lata 1970, eight companies gathered in New York City to launch the Asbestos Information Association of North America, which was frankly patterned after the Sritish PLAINTIFF'S EXHIBIT /P Asbestos Information Committee, which had been established sete three years earlier* ' In our original concept, the Association would limit irs activities to providing accurate, unbiased inforr.aticn cn asbestos and health to the press, to the public and to interested politicians and other government offiicals. It must be renembere ubat at this particular tine, the enormous problems that would later develop with regard to OSHA and other Federal regulatory agencies were as yet on the distant heriron and basically unrecognized by the industry. . Fortunately----- and properly--------the Association has hod the wisdom to alter its original limited concept or its proper functions, and new endeavors to assume whatever activities and responsibilities it deems necessary to protect the interests 1 of the asbestos manufacturing industry^Tn^the United Slates vis-a-vis asbestos-health. 9 . From ocr rather narrow initial public relations concept the Association has grown ir. the last two years into an organisation with priorities in eight na}or fields of endeavor. These are: ) Medical Affairs Legal Affairs ? Government Affairs Er.vircrater.tal Control ' Publicity and Public Relations Customer Relations Employee Relations, and Inter-industry Relations _ In briefly discussing AIA activities in each of these fields, I will leave government affairs for last, not because it has a low priority urchin the Association ----- in fact it is currently the most important----- but because ir is rhe most complicated and requires the most discussion. -* if 10 To take our activities or.e at a time then............ medical affairs. It is an obvious fact that if an organization is to speak authoritatively on a medical matter, it must not only he seeped in the literature of that particular medical subject, but it must also keep itself constantly informed of new discover and developments. This we have accomplished in a number of ways For example, by sending representatives to important medical meetings, such as the 1972 international conference on the biological effects cf asbestos held at lycr. in France, which was sponsored by World Health Organization. _ Both John harsh, the President cf the AIA, and I attended that conference c.o behalf cf the Association. . We also meet on an irregular basis with various r.ediza experts in the field, both from the United States end abroad to review ar.c discuss recent developments and discoveries. PLAINTIFF'S EXHIBIT AQ 11 Our literature research is eased considerably by receiving the monthly medical paper distribution or the Institute of Occupational and Environmental Health in Montreal, which is funded by the Quebec Asbestos Mining Association. This year, for the first time, the AIA has elected to sponsor medical research of its own. Currently underway is a completely AIA/MA funded study of chest sounds, which is being conducted by 2r. Raymond Murphy of the Harvard School cf Public Health. The purpose of the study is to find a new netr.cd of determining an individual's potential susceptibility to asbestos he Association has also recently decided to contribute to some very exciting research into a possible cure fer nesotholioma through electromotive treatment. This study is -being conducted at Somerset Hospital in N* Jersey. In the legal affairs area, the Association participated in an amicus curai capacity in the law suit brought by the PLAINTIFF'S EXHIBIT 34<u- 1 - 12 - Industrial Union Department of. the AFL/CIC against the Occupational Safety and Health Administration on the asbestos standards. In our brief, which was considered by the Justice Department to be the best one filed, the Association supported . OSKA against the IUD, somewhat of a unique position for an ' industry to find itself in vis-a-vis a governmental regulatory - agency. Oral argument on the case -was held April 4 in Washington. While a decision has yet to be handed down by the Court of Appeals, ' we are confident that the case will be decided in our favor. The Association has retained the services of C. 1. Sheckler, with whom many cf you are familiar, as cur special consultant cn environmental control a:rairs. At the present time, Cliff is working with the AIA/NA Environmental Control Sub-Committee on the development of a series of five Association compliance manuals on the OSHA standards. We expect to have m [ 'M I' Ll- i . * these manuals available within a short period of time. PLAINTIFF'S EXHIBIT I* 13 i. Last year, because of the well established unreliability of the membrane filter method as a- monitoring tool in the asbestos industry, the AIA undertook the sponsorship of a study at a 1 research laboratory in California to determine the effect of certain variables cn the overall accuracy of the method. The results of the study shoved an error factor of plus or minus SO per cent under the most favorable of measuring conditions # These results were sent to both CSKA and to the National Institute for Occupational Safety and Health. A number of the recommendations contained in the study for improving the accuracy of the method have been incorporated into a sccn-toke-reieased revised NIOSH operations manual on fiber counting. In the customer relations area, the total effect of negative press publicity and government regulations on industry customers is stall today rather poorly defined. Some members of the Association have reported serious proolems in this area, while others have experienced iev.* or r.c difficulties thus- far. "T.Sj Where customer problems cio exist, they normally fall into one of five categories. First, the customer has thoroughly investigated his situation and has found that he can no longer afford to continue using asbestos or asbestos-containing products, either because the cost of control is too high or because he would have to raise the trice of his product to a level that-would naxo it ncn-ccrtpetitive with non-asbestos containing substitutes. Second, the customer has net thoroughly investigated his situation and only thinks that he can no longer afford to continue using asbestos. . Third, the customer has read one or more negative articles on asbestos in the public press and has made the sr.ao decision that "we ought to get that dangerous stuff out of cur plant." Ofen, decisions cf this nature are forced on top ranagement by ill-informed medical advisors or safety and health directors. PLAINTIFF'S [j EXHIBIT 1 -JO 15 Four, the customer has neither a control problem r.cr is he particularly afraid of using asbestos in his own plant. However, he is fearful that those of his ccmpetitiors whose ) finished products do r.ot contain asbestos will stress the adverse health effects of asbestos m trying to take business away from him. Customer fears of this nature are essentially "gut" reactions ar.d hense extremely difficult to deal with. And .... Five, the customer has none of these problems or fears but he has been advised by a government official or inspector that he would be better off if he quit using asbestos or asbestescor.tainir.g products in his plant. While this problem dees .net appear to be widespread, we have learned cf a number of situations where it has occurred. Actions cf this nature by government officials arc totally uncalled for and should bo dealt with promptly and decisively. The best solution is tc obtain complete details on the incident and then to register a formal complaint PLAINTIFF'S EXHIBIT AO 4es ^ -7<~ with the offending official's immediate superior or with the government agency involved. 1 The Association's first reaction to the overall customer relations problem was to approve funds for a seriesof four regional seminars at which industry customers would be given a number o: basic presentations on the various aspects of the asbestos-health problem. The seminars were tentatively scheduled for the Spring of this year. However, the experiences cf a number ci cur member companies shewed that general catchall type seminars cf the type originally contemplated would not be effective in dealing with the majority of customer relations problems. In order have to be tailored to the naeas and problems of the individual custone* PLAINTIFF'S EXHIBIT i.o 17 As a result, the Associaton cancelled Its scheduled series of seminars and instead elected to develop a nurler, of packaged slide presentations on such topics as "The Facts About Asbestos and Health," and "Under standing the 05HA Regulations," which could be used by member companies as part of a tailored presentation to individual customers. These slide presentations are still in the works, but should be available shortly. As with customer relations, the Association feels that employee relations is a pronlen best handled by the individual member companies. Thus far, the AIA's sole cor.tri button in this area of industry concern has been to prepare the draft of an Employee Safety and Health Guide or. AsbestosHealth. The draft was made available to the member companies for their own use and at least or.e, Raybestos-Manhattan. has produced it in booklet form for distribution to all its er.plc J-o ,, I personally believe that the employee relations aspect of the asbestos-health problem is one that has been sorely neglected by cost companies within the industry. I feel that 1 this could develop into a major problem area in the near future and that steps should be taken now to deal with it. We knew that Dr. Selikoff and various organised labor groups are planning a full scale campaign to bring their interpretation of the asbestos-health problem to the attention of asbestos industry employees throughout the nation. If the industry permits this interpretation to be disseminated unchallenged, the consequences could be grave indeed. - 19' - Inter-industry relations are best defined as keeping fthe industry informed about important new developments on the governmental, medical and press relations fronts that affect asbestos. This is accomplished within the klk by periodic distributions cf documents and information to the member . companies and to others cn our marling list. The value of this activity can be gagued by the fact that our overall mailing list increased from approximately a dozen nanas in 1971 to more than 60 a year later. While we have had to trim the list somewhat this year for logistical 20 reasons, ve assume from the frequent requests we still receive to be placed on the list that the material we send out is being read and is of considerable value to these receiving it. Next to government affairs, our public relations and publicity actitities constitute the single largest consular of time, effort and money within the Association. Those of you who are familiar with the treatment that asbestos has been receiving in the public press over the years can readily understand why this activity ranks so high on our priority list. What you may not understand are the reasons why cur extensive efforts in dealing with the nation's press have been so 4 unsuccessful to cate in producing the theoretical "balanced" cr "positive" story on asbestos and health. PLAINTIFF'S EXHIBIT /o - 21 - The simple fact is that iron the standpoint of today's young activist reporter, industry is the bad guy, ar.d nothing ve do, say or achieve can ever change this impression. If we spend 5100 million dollars on environmental control, l the press either says we ought to have done it ten years ago . jV-' or that we should have spent 200 million. Ir we sponsor >.-* --?' medical research, they say we ar.e trying to buy favorable results. If we are opposed to ridiculously stringent standards, they say we are in favor of letting our employees die. A television executive in Minneapolis described this new breed of reporter as being "so intent on demolishing the establishment that they would blindly destroy the credibility of the media in the bargain." Another TV executive, this time in Chicago, stated "they want to make moral and political and social judgments on their assignments and then take sides. Never mind getting the fact;, straight.** r 22 - As a result of this "industry is a monster" philosophy, asbestcs'will remain ahot news-item only so long as the news is bad. The "good" that asbestos does in protecting lives and property is of r.o concern to the press. Likewise, industry efforts to protect workmen and the general public from asbestos, exposure will always be given minimal coverage, since such information is directly contrary to the portrait of an irresponsible industry producing a "killer" product that is the sole element of news worthiness in tho asbestos story. The press relations battle will therefore be won, not when the media starts to print positive or balanced articles about asbestos, but when the press ceases to print anything about asbestos at all. As long as negative news on asbostos-health continues to be generated, the media will continue to eat it up. The media will only cease to carry such stories when the generation ,f negative news ceases ... 22 it is ss simple as that. Positive or balanced stories are a chimera, since they are, by definition, not newsworthy. Let me give you a very specific example of this last principle in action. As'inost of you already know, the ...................._V ... ... ...................................................... . Association is currently engaged in an extensive campaign to interest the trade press in articles on the benefits of asbestos and on industry accomplishments in the environmental control area. The trade press, unlike the national or public media, is much more receptive to articles of this nature and we expect to be seeing a number of positive stories in the trade cress in the next few months. In any case, ve also from time to time put out press releases . on various subjects relating to asbestos-health. A few weeks ago, ve issu^ed a release on the report of the advisory committee on asbestos cancers of the World Health Organization, in brief, the report concluded that the ger.e a! public is not in - danger from asbestos in the environment. Thus far, we have received nearly two dozen press clippings from trade publications that carried the story. To the best of our knowledge, not a newspaper, news nagaiir.e, radio or TV station, or any other segment of the public media ran the story, with the single exception of a French language paper in Toronto. As I said before, if. the news is good, the press ain't interested. Nonetheless, the Association has no intention of abandoning our efforts vis-a-vis the national'media. We will continue to issue appropriate press releases, cooperate with feature writers doing stories on asbestos, write scathing letters to the editor when these stories appear, and in short do all we can to present the press with a balanced view cf the asbestos-health situation. Our most recent effort in this regard has beer, the preparation and printing cf an Asbestos and Health Informatic n File, which we have mailed to seme 3,CC0 newspapers, agaiir.e s PLAINTIFF'S EXHIBIT AO 25 trade publications, radio and TV stations, science writers etc, across the United States. I have brought a'half-dozen files along with ite that you can take a look at after the meeting. Basically, the file contains copies of the five industry position papers which were distributed earlier, as well as a number of important medical papers and a pair of photographs illustrating the benefits of asbestos and industry efforts at environmental control. You may- be interested to know that the item chosen to illustrate the benefits of asbestos is a fire-?rcof asbestos suit. While we don't expect our information file to change the whole attitude of the press toward asbestos, we are hoping that the media will make use cf it to.accurately report the industry's position when doing stories on the subject. And now, having heard the bad side of the public relations problem, it's time for the good news. - if 26 And the good news is .... despite ail the negative articles on asbestos-health that have appeared in the press over the past half-dozen years, very few people have been joying attention.^ let ce explain. ' In February, the Association undertook a personal interview research survey of the American public to d:tcrt;r. its attitude toward asbestos and its awareness of the healt issue. The survey was conducted by the Opinion Research Corporation during March and April. More man 2,CCC demographically selected Americans were interviewed. I have here with ne sufficient copies for all- cf you of a summary of the results ( CCMMN? FROM-SUMMARY ) Before going on to describe cur activities ir. the government relations area, I think it mignt be interesting at this point to take a very brief look at the manner in 27 which Dr. Selikoif and his supporters have used his research results to dramatise and exaggerate the seriousness of the asbestos-health problem. 1 out rather conclusively. I have two slides which point this SllZZ 1------- RZSIARCK DATA The first slide shews the actual results of Dr. Selii four mortality studies of asbestos workers. The numbers in " . parenthesis beside the figures for total number of workers indicate these who have so far died from ell causes. The percentage figures alongside the total number of deaths from asbestosis, lung cancer and mesothelioma are based on the total number cf deaths from all causes, not cn the number of workers in the study. The most important study of the lot is the second from the top, showing the deaths from asbestos-related disease among all members of the insulation workers union, regardless 28 of length of exposure. You will- note that 34 per cent of those workers who have died thus far have died from one of the three asbestos-related diseases. These# then# are the facts Dr. Selikoff works from. This is what he knows frea his own investigations. Now let us take a look at what he has done with these figures in order to dramatize the problem.. . SLIDE 2 -------- PREDICTIONS ` This slide shows Dr. Selikoff's predictions about asbestos-related deaths in the United States. Without going into details# Dr. Selikoff has arrived at his projections by the simple procedure of multiplying t.ne percentage of deaths from asbestos-related disease among his insulation workers by the total number of employees in the entire industry. You will also note chat ha has raised his projected death estimate to enormous heights over the past year by simply increasing the base figure of employees exposed, while still retaining the orecentage multiplier of 24 per cent being ) . .. experienced by the insulation workers. I might point out that this tactic, hewever improper and deceptive, has baen an enormous success since each raising of the estimate has earned Dr. Selikoff correspondingly grater coverage by the media. No finer example exists of the total gullibility of the press than the manner in which Dr. Selikoff manipulated and played on their prejudices to gain publicity. I can readily envision the let of them up there at Mount Sinai laughing themselves silly ever the ease with which they bamboozled the press with these trumped-up predictions. * PLAINTIFF'S EXHIBIT AO 30 Please don't get ae wrong, gentlemen, I have little doubt that the insulation workers are in fact dying as rapidly .as Dr.. Selikoff says they are. The problem is he has translate their mortality experience to the rest of the entire industry, ............................ ` 1` which is absolutely ridiculous. In the first place, the estimated number of employees in the industry is too high ----- five times too high to ba precise. Even more important, according to an analysis by the Association of mere than a cozen mortality studies, including those of Dr. Selikoff, cur prediction is that approximately 25,000 past and present employees in the asbestos industry have died or will eventually die of ashestcs-related disease. This is less than one-thirteenth of Dr. Selikoff's most recent estimate. In addition, our figures shew that 20 cf the 25,000 deaths ----- or 80 per cent ----- will occur among these in the insulation trades. - 31 While these estimates should be reassuring to those "of us in the and manufacturing areas of the industry. J-ve should not forget that 5,000 of our workmen are still going to die of asbestos-related disease and that, all things sy considered, there is absolutely nothing that we can do to prevent it. The only thing we can do is to clean up our plants to assure that those entering the industry in the 1 --future will not have the same experience. * SLUE 3------- GOVERNMENT AGENCIES Within the past year and a half, the main thrust of Association effort has shifted to the government affairs front The principal agencies in Washington with which we have been dealing are, of course, the Occupational Safety and Health Administration; the Environmental Protection Agency; the Food and Drug Administration; the Bureau of Mines; and, to a le sscr - degree, the National Institute of Occupational Safety and Heal - 32 - *nd th National Institutes ox Health, both cf which are mainly involved in research efforts. In addition,*a few weeks ago we were contacted by the Federal Trade Commission, which had received a petition from the Center for Science in the Public Interest requesting an investigation of consumer uses of asbestos for the purpose of determining whether certain products ought to be labeled as hazardous and whether warnings should be required on all ' advertisements for those products. On the basis of my meeting with an investigator from the FTC I would say that we have little to worry about in this particular area. SLICE 4------- OSHA * The Occupational Safety and Health Administration has bean of enormous concern to the industry over the past 18 months. As most of you already know, the Association expended tre endous efforts during the six month period 33 - leading to tha promulgation of last June's GSHA standards on asbestos* I think it is a gauge of the effectiveness of the total industry involvement in this most crucial matter that of eleven main requirements in the standards, the industry position was accepted totally by OSHA on nine of the eleven, about fifty percent cn a tenth, and totally rejected on only one. Now, of course, OSHA is planning to redo the standard package and we are working closely with them on this project. The first step will be the formation ci a 15 maji advisory committee to review the current standards and any additional data and information that has been developed in the year since the standards were promulgated. . Working in cooperation with nine other trade associations, including your own, we have selected four individuals as industry wide recommendations to OSHA for the four so-called employer T'l - 34 - spots on the advisory committee. The four people selected were Guy Gabrielscn# President of h'icolet; Ike Weaver of Raybestos-Manha.tta.n; Dr. Fred Pundsack# Vice President for Research and Development of Johns-Manville; and Cliff Sheckler. In discussing the formation of the advisory committee with John O'Neill of the OSHA Standards Development Section#' we were asked to add a couple of names to the list so that OSRA would have at least the semblance of a selection. This we have agreed to do. The committee will be given up to nine months to complete tis deliberations and prepare for CSKA a revised standard package. This will be followed by public hearings# . approximately a year frem now. We do not expect to see a new standard promulgated before the Fall of 1974. t: ii If;': ill'. ?: l'::< PLAINTIFF'S EXHIBIT AO _ 35 It is of course impossible to determine at this time vhat the new standards will look like, however, I would venture to say chat they will certainly not be less strict than the ones we have today, although they will probably be less confusing and leave less room for employer interpretation. Something will unquestionably be done to improve the current difficulties with the monitoring requirements * SLIDE '5 -------NIOSH These slides, by the way, are merely simplified organization charts of the various agencies with which we deal in Washington. The main function of the National Institute for Occupational Safety and Health is to conduct research and to prepare so-called Criteria Packages, which are essentially recommendations to OSHA for standards on various materials and chemicals. Such a package on asbestos as prepared 36 by NIOSH At'the time of the OSHA proceedings last year. NIOSH will not be preparing a new or revised criteria package for the upcoming review of the asbestos standards. I do not believe it would be unfair to say that of all the agencies in Washington dealing with asbestos. Dr. Selikoff has had his greatest influence on the young idealistic scientists and doctors at NIOSH. Consequently, _ industry influence is weakest in this agency. It was NIOSH, after all, that made the original recommendation for a two fiber standard in the asbestos industry. . SLIDE 6--------SPA Next to OSHA, the Environmental Protection Agency her the greatest potential of any federal agency for adversely affecting tha future of the asbestos industry in this country. Not only is tha EPA responsible for developing ar.d enforcing air and water pollution standards, but the Toxic Subs vnees 37 Control Act, new pending in Congress, will also become an EPA function after passage. .. For this reason, I am pleased to be able to say that the asbestos industry has an excellent relationship with the EPA. No finer proof of this exists than the fact that there was not a single major industry recommendation or suggestion made to the EPA at the public hearings on the proposed asbestos emission regulations that was not accepted either in toto or _ ' in principle in the final standards, which were published in early April of this year. ' We are presently working with the EPA on the development of waste -water effluent standards for asbestos manufacturing plants. We fully"expect that these standards will turn out to be as reasonable as the air pollution regulations. The proposed effluent standards are scheduled to be published in the Federal Register in early July. This will be followed b ' 3S public hearings, probably in late July or August, with the final standards being promulgated in the Fall, perhaps as early as October. We are also planning, in the near future, to meet in l Washington with representatives from the standards development and enforcement branches of the E?A to discuss with them questions of interpretation and compliance policy with regard to the new air pollution regulations. . We have already resolved one interpretation question that is cf special interest to the asbestos textile industry. Approximately two weeks ago I was asked by a member company of the Association to find out whether the Z?A was planning to require the manufacturers of asbestos safety clothing to register as potential emission sources under the lav. 39 In discussing the situation ever the phene with E?A compliance officials, I argued that the producers of asbestos safety clothing were not manufacturers as defined in the regulations but were instead only fabrication of an asbestos 1 product, and as such, should not have to register as potential emission sources. After our phone conversation ended, a brief meeting was held among the EPA compliance people. I-was then called back and informed that they agreed with me that the safety clothing producers should not be required to register. While this rather minor problem took approximately an hour and a half and two or three phone calls to resolve, it is indicative of the type of day-to-day services that the Association provides for its member companies. PLAINTIFF'S (j EXHIBIT * /.o 40 * SLIDE 7---------FDA Over the past year the Food and Drug Administration has shown an increasing interest in asbestos as a possibla hazardous contaminant in various foods, beverages and drugs. Late in 1972 they set up an asbestos task force to review the situation and to propose regulations and guidelines where appropriate. . Thus far they have concentrated their efforts in two areas.----- on the use of ashes cos-contaminated talc in food packaging and ir. cosmetics, and secondly, on the use of asbestos ceiulose filter pads in the beverage and drug industries. In our first meeting with the FDA task force last November on the filter problem, they demonstrated an appalling ignorance about the health hazards of asbestos. Since then, they have gotten one heck ci a lot smarter, due at least in part to the tremendous amount of data and information which fe mi S'.< wss* 41 the Association has been supplying to the.?.. As a ccnsecuc: the FDA is today less panicky about asbestos and therefore less likely to propose foolish, unsupportable regulations. Spokesmen from the FDA have, in fact, defended the filter ir. I against environmentalist attacks in the press and elsewhere recent months. This is, quite obviously, a healthy sign. SLIDE 8 ------- INTEREST CROUPS Since our contacts with the National Institutes of Health have been quite minimal, and since the health and safety section c the Sureau of Mines is presently being reorganized, we can now proceed to take a brief look at the < various interest groups that have bean in the forefront of the assault on asbestos. These are the groups and erganizati that constitute "the other side." As you can see, there are a lot of them, and between them they can e.xert powerful pressure on legislators and administrators at all levels of government. 42 Since time is not available to discuss each of their activities and philosophies in detail, I would like to say that we keep a close watch on all of them and are always * prepared to take whatever action is appropriate when they 1 step out of line. . SLIZZ PROJECTOR CFF -------- LIGHT ON Our activities in the area of Congressional relations have been quite minimal to date, although we are preparing for the upcoming struggle in Congress over workmen's compensation reform legislation, at which tine asbestos is unquestionably going to re racked over the coals by Dr. Selikoff and his compatriots in organized 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 assistants to various Senators who have attacked asbestos, PLAINTIFF'S j EXHIBIT 1I /.o - 43 - howevor much more needs to be done in this area and I ax afraid individual member companies are going to have to bo the prime ball carriers and not the Association. For essentially the same reason# our government \) activities at the state and local level have declined to essentially zero over the past year and a half. This has not been too serious a deficiency as most of the authority of the cities and states in asbestos control has been usurped by the various Federal regulatory agencies. Nonetheless, mere individual company activity is required at these levels of government. In conclusion, I think we can a. il be justifiably pleased with vhat we have been able to accomplish in the past few years in resolving the cornucopia of interrelated problems that constitute the asbestos-health situation. PLAINTIFF'S EXHIBIT />o 44 Cur plants are cleaner and our workmen terror protected. The general public has teen shown to be in no danger from asbestos, if it ever was. While we have been regulated extensively, for the most part the standards that have been developed have net been as bad as we feared they night be, and in seme rases they turned cut far better than wc ever dared hope. In addition, while we are still taking our lumps in the public press, the net effect or all this adverse publicity has been shown to be surprisingly snail. We have sweated a lot and we have groaned a lot, but we are still standing and we are still viable. I sense today within the industry a greater feeling of confidence in the future than at any tine in the cast few years. Sut v/e must not rest contented. i! i:S |ft .4 V t i .. i J; H I - 45 - Ka cus: rc~cr)er that Dr. Sclikofi has to data been far lass successful than our industry has in influencing the decisions of the various governmental regulatory agencies. This will make him try harder. Just last week I saw a speech \1 of his in which he purposely misinterpreted soma data by a distinguished British scientist in order to prove that ever, two fibers is not a sufficiently safe level for occupational exposure to asbestos. .* The struggle is far from over. We must not only continue but indeed expand our activities in the various areas of concern if we are to assure the future well-being of the asbestos industry in the United States. Than): you very much. .'1K ORIGINAL AFFIDAVIT OF ROBERT C. COHEN STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ') ) ss. : ) ROBERT C. COHEN, of full age,upon his oath, deposes sand says: 1. I am principal in the 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 documents 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 originiai minutes of ATI meetings as maintained by her as executive secretary of the Asbestos Textile Institute. . 5. From the dac.e of that deposition, I have been custodian of records of chose originial minutes. 6. The originials of the ATI minutes have remained in the drawers at the offices of Knipes Cohen Associates under my direction since Ms. Fagan's deposition of February L980. 7. Whenever copies of chose minutes are r quested by a parcv to the asbestos litigation, they are xeroxed by Knipes Cohen Associates' employees under my direction and are certified. 8. The copies of the ATI minutes 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, L930. page <1 9. There have been no additions to, deletion from or alterations to the documents as identified by Ms. Fagan on Septemebr 9, 1980. Sworn to and subscribed before me this *-L ~ day of October.1988 (111 A/i CARR'^G 'CN Nc.arv Fublic. Fh,,a Fft . c MycWmwai<)nE>WCD(^co ROEERT C. COHEN PLAINTIFF'S EXHIBIT 0_ '7.*crj7.*r