Document vBY5QaG7pbqMJoN17y9dL0wrb

Minutes GENERAL MEETING Asbestos Textile Institute S? 2 7 MTA 0004443 ct & -a -0 -ne _ * 7 - A~r.ua. .`'eeu.r.g c: t: Asbestos .ex::.? .nstitute was e=Tled "2 crper 'ey F'rssies.re Mi licit 3 e - * a*-:-.3 ** 2^ "S7/. *' ocowcroit = *n 3..Z. 2. President Sccwcroft welcomed she * attendees so she 3Cth Ar_-.ua! .Meeting cf she Institute and following traditional procedure, asked each member so stand and ssase his name and company'affiliation. 2- The following special delegates were weiceaed 'ey she President: a) William 3. Simpson, Chairman of she Hoard and Chi as" Executive Cffiter, P-aybestos-Manhattan, Inc.: t 5 :- a-r-,ro<'1.i e 1 o- arnwei-, a new represensasive cf Tniroyal, Ir.c.; Aarcr. C. F. Finkbiner, III, Esc., Johns-Mar.vd.lle Ccrpcrasier.; and new Chairman of she ATI Ad" Hoc Committee; * d) ?.ichard 0. Moe'oius, .Payeessos-Mar.hassan, Inc., Mandela, unsylvania; e) .Robert J. Mush, Esc., American Smelting and .Refining Company, Ir.c., and iss wholly-owned subsidiary, lake Astesscs of C.ue- f) Williaa H. Johrfston, Presidens of ATI's r.ewess member eoapany -- Aslas Textile Company, .Vorth Vales, Pennsylvania; . g) r.ooarz B. Pilmer (rjot in attendance) was welcomed as a new representative in the Institute; he is General Manager of Garlock cf Canada Ltd. L. lrpcn President Scowcroft's calling for the reading of the Minute: of she last General Meeting, It was moved by Lawrence S. Moody and seconded by Charles E. Stiefken, and so carried, to dispense wish she reading of same. ._ 3. Treasurer E. A. 'Dorris presented the Report of Funds of she In stitute for she Fiscal Tear to August 31, 1971. On September 1, 1973. the ATI .had a balance on hand of 316,116.56. Taking into sc count receipts during the year of $29,161.06, expend cures of u 31,231.20 and nominal amounts for accounts receivable and furr.i- ~ure and equipment, the total net worth of the organisation at year-end was $ll,Co6.76. The latter figure is somewhat misleading because included there in is a Special Assessment to cover the cost of the Tyler Litiga-^ sion. The actual net worth of the Institute is^35,977.73. looking at the projected budget for the new Fiscal Tear, to August 31, 1975, the Institute can reasonably expect to generate an interne of 315,350.CO from annual dues, book sales, bank inter est and other miscellaneous items. However, even with a realists: tutcack in expenses, it appears the ATI will just about break ev?:. after necessary discur semens are made. _ .. Combined with this are additional expenditures which must te *.aie to cover the Tyler Litigation; estimated to cost in the 'r.eign- :t~ncoJ. 0: S12,CCC.C0 through February 1975 . This 'will necessitate LAQ - WV 10/93 002146 \X1 0004H55 .'32= ATI Annual Meeting- -- 5/27/71 v % % a second Special Assessment or. the Regular Members. The t'irst such assecsmer.t on the six (6) Regular Members constituted 1253 c; each company's regular .annual dues. In addition, Johns-Danville Corporation voluntarily contributed a like percentage of the dues it would have paid if it had been a Class A/'Regular Member. It must be obvious to ail members that ATI will need all the . ...a..*.d. -= - -f - can ga: -CWard proper handling of the litigation. 'Within the next few weeks, ail members of the ATI will be receiv ing a latter frca the President of the Institute reouesting contri butions which* will be applied against Litigation cos'ts. It is Joojed. that each member will cooperate to the best of its ability. The complete Report or Funds'for the F/Y 1973-71 is attached to thes'e Minutes. Alex Xussuk aove< that the Report be accepted aai presented. The motion was seconded by Guy G. Gabrielson, * Jr. , fr.d s^'.ujoed, ur.ar.iaousiy. ' 5.'The Fiber Producers Report was'presented'by Waiter H. Saith, having been prepared by William J.'W. Smith and approved by ail member companies of the Committee. Mr. Smith reported that demand for ail grades of asbestos fiber, with the possible exception of certain Group 7 fibers, remains extremely strong. Although news . aecsutgps report some new orebodies will be put into production in the next few ye.ars, there is no indication that, any of the mines * will be producing Group 3 Spinning Grade fibers. The entire Re tort .is attached hereto. 7. The membership was afforded the opportunity to view the excel lent film entitled "Asbestos At Work," produced by the British Asbestosis Research Council and on loan to the ATI via the Asbestoi Information Association/Morth America. The film covers a variety of work practices and situations involving asbestos,' some textile ar.u seme other, drilling and stripping of insulation, etc. It graphically describes the effective use of dust extraction equip ment, vacuum cleaning, waste disposal, and so forth, and illus trates how proper housekeeping techniques ensure the safety and health of the worker who handles asbestos-containing materials. ?. Toon confirming that much of the vital work undertaken by the Institute id accomplished by the Committees, President Scowcroft asked for Coitaittee Reports by-the respective Chairmen (a copy __ of each Report is attached hereto): **' Air Hygiene k Manufacturing -- 3uel E. Carden, Chairman; * Fiber Research k Testing -- Richard A. Xuntze, Chairman; Chrysotile Asbestos Test Manual -- Charles E. Stiefksn; Technical -- John W. Hawkins, Temporary Chairman. Following Mr. Carden's report, President Scowcroft presentee him with .a plaque as an expression of ATI's appreciation for the fine jeo he'did' a3 Chairman of the Air Hygiene k 'tanufacturir.g " a _AQ-WV '10/93 002147 000 ^5<o A Mr. Carden accented the ciac: giving credit cc the members of the Committee and stating it had heen a oleasur ar.c a iefker.'s outstanding work on the Test Manual, one of the most -fif-tlt and tine-consuming chores of the ATI. . n President Scowcroft acknowledged Hr. Hawkins' ably acting as tporary Chairman of the Technical Committee over the last few :ths and thanked him for "pitching in" during the interim oer- toei 'until a new Chairman had been secured. - ~ hue to illness, Lawrence F. Cierir.ger was not in attendance at neeti.ng. However, President Scowcroft -stated that a olaaue anc = . President Scowcroft reminded the membership that the Ad.'Hpc. ' Committee had been established at the last meeting to permit, 'and,' ' in fact, encourage a flow of information between Associate Members and the Board of Governors. A report on the initial meeting'of c the Ad Hoc Committee was given by*A. Kuzmuk in the absence of ' Aaron Finkbiner, whb had to leave the meeting early. The Ad Hoc "ommittee report is. attached to these Minutes. . 1C. Ver.dell B. Alcorn, Jr., Bsq., presented Remarks of Legal Coun sel. The full text of his remarks is attached hereto. In essence. Attorney Alcorn discussed one of the significant changes in the relationship between employers and employees, brought about by CSKa '70; namely, the creation by Federal legislation of a Nation al Commission on State Workmen's Compensation Laws-: . _1. It was announced by President Scowcroft that the followinz Cfliters were-elected by the Board of Governors to serve the Insti tute for the year 197L-75: President--Alex iCuzmuk, Garlock Inc.; * Vice President--Edward A. Morris, Uniroyal, Inc.; and Treasurer-- Michael J. Scanlan, Amatex Corporation. ' i e 1C. Also, Chairman Scowcroft announced important committee charges. ' The Air Hygiene k Manufacturing Committee will be chaired by l^L. Moody end the new Chairman of the Technical Committee is Carroll-*.-3. Barnwell. It was further advised that following a long discus- sicr. tv the Board of Governors concerning possible changes in .ill's committee structure to make it more meaningful and oor.triou tcry. it was decided to combine the efforts of the Air Hygiene h Ilenufacturir.g Committee with those of the Environmental Health Committee. The resultant group will be known as the Environmental.. Committee. In addition, the Fiber Research St Testing Committee r.ss become a part of the Technical Committee; however, -furxher. thou*zn- LAQ-WV 10/93 002143 l * J. 0004457 \ 5/27/^ On behalf of the 3oard of Governors, President Scowcroft an ucunced that ATI's Legal Counsel had been instructed to begin the necessary process toward incorporating the Asbestos Textile Insti .'.7. In the interest of economy, President Scowcroft announced that t.te 3card of Governors-had determined that future meetings of the .-.71 should be held in large cities. The necessity for the decision, nf course, is based on the serious financial condition of the Insti tute and especially on the extraordinary expenses that will be in curred as a result of the pending litigation in Tyler, Texas. The President expressed sincere regret that, consequently, the ATI rust decline the kind offer of the mining member companies of the Insti tute to host the June 1975 Spring Meeting in Quebec City. That *eeting will be held June 5-o, -975, probably in Atlanta, Georgia. Other sites cancelled are the 1975 Annual Meeting in Ponte V'edra Club, Ponte Vedra Beach, Florida, and the 1976 Annual Meeting at Savannah Inn & Country Club, Savannah, Georgia. \S. At this point in the meeting the gavel was turned over to Ale;: ;.uzm;U<, the new Chairman of the Board of Governors and President of the Asbestos Textile Institute, .'tr. fCuzmuk accepted the responsi bility with a great amount of pleasure, expressing much awareness cf the legai and financial problems which the ATI is currently fac- 1. -"-is first official duty, President iCuzmuk presented an .At.nos Jiock to .*!r. Scowcroft, in acknowledgment of his two years of hart ork and a job well done as Chairman of the Board and President of .71 for 1>*'3 and l?7- Upon accepting ATI's token of esteem and aptreciation, fir. Scowcroft expressed pleasure in receiving such a i-autiful gift, read the inscription to the members present, and thanked all the members for the great friendships he has establi e.t within the Institute. He said it had been a true pleasure to .ATI 200445$ 10/93 002149 Page ^ -- Aii Annual Meeting -- y/27^7u wcri< on Institute attars and that he would continue to attend meetings and to support the ATI in any way that he could. their new hot: in Charleston, south Carolina. 21. The final announcement reads by President Kuzmufc was that the next Vinter Meeting of the Institute will be held February 6-7. ,r75. at Holinay Inn-Ir.deper.dence ?!allf Philadelphia, Pennsylvania 22.. There being no further business to be brought before the member ship, I. A. Mrrris move"1. for adjournment. The motion was seconded by M. o*. Scanlan ar.d unanimously approved by the attending members The meeting was adjcurr.ed at 1C:30 a.n. Respectfully submitted, fly), tfajeum Doris M. Fagan, Executive Secretary LAQ - wy 10/93 002150 o- nv 9445$ # Haybestos Manhattan Industrial Products Company ................................. ::' ~ ' ' -' "exwe Group Muter. 3 Sccwcrcr; 3.'CuP 3.rector Board of Governors Asoestos Textile Institute 5.0. 3ox 471 Vort.n York Pcad Willow Grove, Pennsylvania 12090 October 29. 1274 Gentlemen: Please attest my sincere thanks to you individually and to your tomcanies collectively for the elegant Atmos clock presented to me at the Annual Meeting held in Sea Island, Georgia. It is imoortant to me to acknowledge the contributions that eac.n of you nas made during the oast two years toward keeping a continuity in A.T.I. activities. I hope that we are successful in maintaining our organization in same form as there is work still to be done in our snail but vital industry. Carolyn also wants to express her thanks to everyone in the Institute. She certainly enjoys the friendships she has made duri.n; tne oast several years and looks forward to future meetings with anticipated pleasure. ., Sincerely, /VW Milton Q. Scowcroft MQS/cob ^Q-WV 10/93 002141 0004450 Asbestos Textile Institute r. MEMO TO: J. w. Hawkins, Chairman -- P-aybestos-Manhattan Industrial Products Ccmpany D. T. Austin, Jr. -- Uniroyal, Inc. C. S. Barnwell -- Uniroyal, Inc, J. W. Echerd -- Southern Asbestos Company W. Maaskant -- Amatex Corporation ?. 0. Nicodenus (ASTM Liaison) as: ATI TECHNICAL COMMITTEE MEETING -- 3/25 & 9/26/74 Please be advised that the Technical Committee will hold two meetings during the ATI 1374 Annual Meeting at The Cloister, Sea Island, Georgia: Extra Committee Meeting Wednesday, September 2Sth 1:30 p.m to S:30 p.ra. Solarium , Regular Committee Meeting Thursday, September 26th 9:39 a.m. to 11:30 a.m. Spanish Lounge or Solarium (signs will be posted) Just as a matter of record -- As much as I would like to (and should) sir m on your Extra Committee Meeting on Wednesday, I find that I h.rve been designated to take minutes at the Ad Hoc Committee Meeting _ f::cm 1:30 p.n. to 3:30 p.n. and, of course, at the Board of Gover nors ` Meeting from 3:30 p.m. to 5:30 p.n. However, I do plan to be with you during most if not all of your Regular Committee Meeting on Thursday morning. \Q- WV 002142 MEMO TO: ATI AD HOC COMMITTEE (A.C. F. Finkbiner, III, Esq Chairman) M. J. Scanlan -- Anatex Corporation A. Xuznuk -- Gar lock Inc. G. G. Gabrielsor., Jr. -- Nicolet Industries, Inc. 7. F. Guenther -- Raybestos-Manhattan, Inc. E. C. Bratt -- Southern Asbestos Company E. A. Morris -- Cniroyal, Inc, D. 3. MacDermott -- Cassiar Asbestos Corporation Ltd. A. C. F. Finkbiner, III, Esq., Johns-Manville Corporati R. J. Muth -- Lake Asbestos of Quebec Ltd. COPY TO: M. Q. Scowcroft -- Raybestos-Manhattan, Inc. w. b. Alcorn, Jr., Esq., ATI Trial Counsel Y. Sato -- Nippon Asbestos Co. Ltd. H. J. Corson -- TSA Industrial Products Ltd. RE: ATI AD HCC COMMITTEE MEETING `lease note that the Ad Hoc Committee -will hold its Initial neeti luring the ATI 1974 Annual Meeting at The Cloister, Sea Island, Georgia: Wednesday, September 25th 1:30 p.n. to 3:30 p.m. Spanish Lounge : is, of course, vital that you attend the meeting, not only to oroucht current as to the present status and possible future ever, f the Tyler Litigation, but also to voice your views on how ATI -mid best handle potential situations; to have a vote on any commendations that the Committee may wish to present to the boa Governors; and to receive benefit from mutual discussion. Jlease be sure to check your estimated time of arrival at The Iloister to be certain you can make this important function. II " eptembor 3, 1974 (Z&cr 'ey- / Doris M. Fagan, Executive Secreti 0004452 002143 Asbestos Textile Institute pOL'VOCO MEMO TO: R. A. Kuntze, Chairman, Fiber Research & Testing Committee J. W.. Hawkins, Chairman, Technical Committee 3. E. Carden, Chairman, Air Hygiene & ilanuf acturing Committee L. F. Dieringer, Chairman, Environmental Health Committee cc: M. Q. Scowcroft, ATI President W. B. Alcorn, Jr., ATI Legal Counsel RE: COMMITTEE REPORTS TO ATI GENERAL MEMBERSHIP Following past procedure, please plan to present a Report on the activities of your Committee at the General Meeting of the Asbestos Textile Institute, to be held: Friday, September 27, 1974 -- Solarium 3:30 a.m. -- 11:30 a.m. The Cloister, Sea Island, Georgia. Committee Reports are scheduled on the Agenda at about 9:00 a.m., immediately following the presentation of the Fibre Producers' Report. ' "_"''ai Also, please see that I receive a copy of your Committee Report for inclusion with the Minutes of the Fall 1974 General Meeting. ` Thank you. September 3, 1974 oris M. Fagan, Executive Secretary 0004453 LAQ-WV 0 Box *r: II NORTH YORK Road Willow i'.*o\E. PEvnsyl'. a.ma i`w r:ij. OL'-`.Yir 10/93 002144 'IS TI"7T- A mua 1 Me e t i r.g epter.cer 27, 1971 star, tea Island, C-eo a % V V*W W4 . r' Lvi Maaskant ccx inc. A Y* > * -t / w v INDUS THUS, IX Oa'crisison, Jr. P.ATBESTCS-MANHATTAN,- INC. M. N. Brooks ?. 0. Dolan J. V. Hawkins T. Matthew H. 0. Moeoius M. 0. Scowcroit W. 5. Simpson SOOTHE?.:-! ASBESTOS COMPANY E. C. 3ratt D. E. Childers J. V. Echerd L. E. Moody , INC. Barnwell Carden Morris 0 ASBESTOS CORPORATION LTD. G. P. A. Brink ?. E. Leclerc ATLAS .TEXTILE COMPANY H. Johnston .* SELL ASBESTOS MINES LTD. V. H. Saith CANADIAN JCHN5-iMANVILLS. CO. LTD. A. C. ?. Fink'oir.er ,111, Esq.(J-M' J. ?. Power CASSIAH ASBESTOS CORPORATION LTD. R. A. Kuntze (Ontario Research Foundation) LAKE AS3EST0S OF QUEBEC LTD. E. A. Farrell R. Lefeovre R. J. Muth (Asarco) C. E. Stiefken (Asarco) T3A I XUS TRIAL PRODUCTS LTD. H. J. Corson, Jr. ASBESTOS TEXTILE INSTITUTE W. B. Alcorn, Jr.,Esq., Legal Counsel (Hull, Towill, Nor man, Barrett i Johnson) D. M. Fagan, Executive Secretary Total attendance during the three-day 1971 Annual Meeting was 51 people: 31 renters, 1 legal counsel, 1 secretary and 17 spouses; representative oJ 13 member companies plus the ATI. .V*I OOC-HMS^ ' J\Q-WV 10/93 002145 : AIR H? . * J U w w - *U . . Asbestos Textile Ir.stitut- 'a a- i r 26 -7/- - - .."2 -- ster, 22s .5.2*1, t.mf: ir> " A.. Air Hyrie r.e k Manufacturing Co mil 12 2 re- or. Sectember 26 -, witr sixteen neaoers ano. guests present, rerreser.tativ* 0: : t e Institute member companies, i.e.:* " .-.mat ex -orpcraoior. *. * * a _ 12 r Atlas Textile Company ^. t. uOr>**d..I Canadian Joins-Mar.ville Co. Ltd. C. ?. Pinkbiner, HI U-M) J. ?. Power Carlo ok Inc. a . :Cuzmtlc _ak2 Asbestos 0 uebec ltd. o a. rarrsil ?.. Lefebvre ?.. J. Muo h (A s ar c 0 ) .-.a y c e 310 s -. a r.ha 11 an, ;t. .'i. crocks o C. Dolan a. I. .'Matthew H. 0. .'foe'cius Southern Asbestos Company L. I. Mccdy TBA Industrial Products_Ltd. H. J. Corson ' Cr.iroyal, Inc. 3. E. Carden a report or. a recent CSHA inspection at a .neater company's plant wa tiscussed -- specifically concerning the weaving area where the due level was measured by OSHA as being over "5", thus requiring the er plcyees to wear respirators. Having received a request for their assistance and cooperation, the employees worked with management an ..ere aci; to reduce the dust counts to a point low enough, for a three months, so that it was permissible for the workers to remove their respirators. After due consideration and a full discussion, the Committee re-s***>- peotfully submits the following recommendations to the ATI Scare :: Covernors for further action: * 1) In order to improve the time-weighted average, it is the Ctmmittee's recommendation that a different method be used to octair. dust samples, i.e.-- . a) In the taking of dust counts, the filter intake valve should-4 be placed ~ the breathing zone area; *,'PX oco446a AQ-WV . 30/93 002153 bj Dust-count checks based on a number period; a time-weighted average should be 1/2-hour checks over an 3-hour 2) Audicoetric readings should be used to determine noise levels. 1. E. Moody, a member of the Committee, presented a comprehensive and informative report on the work of the Standards and*Technical Comraittee of the Asbestos Information Association /North America. During the past two years it has been a real pleasure to serve as Chairman of*the Air Hygiene k Manufaccuring Committee. I had an outstanding group of people with which to work and my thanks go to the Committee and to the ATI for their fine interest, help and cooperation. Respectfully submitted, Buel . Carden, Chairman 0/93 002154 ATI 0004465 2 .A !<l -.0=00 i. . ... . A Prepared and Presented =7 1. I. Moody, Southern Asbestos Caesar./ lace ir. 1973, -be Board of Directors cf the Asbestos Information Asscciacicr./Ncrch America decided to fore a committee to assist thee ir. natters concerning Standards and technical in;creation. Accordingly, Idmur.d M. Penr.er, cf Johns-Mar.vilie Corporation, was assigned to chair the Committee and each AIA/NA member company oesigr.aced a representative to serve as a Committee member'. a Committee Crgar.icatior. Meeting was called by Mr. Penr.er for Feb ruary c, 1971, at Newark, New Jersey. At that gathering, the first major assignment was given to the Committee, i.e., working with the i'.S. Cccupaticrai Safety and Health Administration; and more speci fically, working directly with the Standards Division of OSHA con cerning Standard 1910.93a -- the Asbestos Standard. The assignment was to induce the preparation of "Work Practices" for the asoestos The responsibility of preparing "Work Practices" for the asbestos textile industry was assigned to Larry .Moody, with assistance to be given by C. Kennedy, the representative on the Committee from P.aycestos-Manhattan, Inc. At the February 197' meeting of the .-.scestos Textile Institute, held at Charleston, South Carolina, assistance was also solicited from Hans H. Walter, of n.matex Cor poration, and from Puel I. Carden, of Jniroval, Inc., to prepare information concerning asbestos textiles. Since Mr. Kennedy and Mr. Moody were geographically located near each otr.er (Charlotte and Monroe, North Carolina), they met brief- . Ly or. two occasions before calling together the group of four at Charlene on February 25, 1971. They 30on learned that although they all had departments called Preparation, Carding, Spinning, Twisting and Weaving-Departments, there were substantial differ-,,^_ ences ir. each area. They, therefore, prepared a "Recommenced ~ Work Practice," very general in nature but one that was adaptable to all methods known to be in use. Mr. Per.r.er colled a four-member Task Croup meeting in the offices cf .-.IA/NA, at `Washington, D.C., on April 9-10, 1971. The four i.toivir.uaIs concerned were Messrs. Fenner and .'!body, John ?. McCi.t.ey vnr. - c C0446+ LAQ-WV 10/93 002155 Mi 12 S/A--~ r ^ a - 0 ; .'i.iui*--"' crir.g Committee - 9/25/".i he: otar.cards ar.c .ecrrica_ -errnit tee, AIA/NA 3- Certain-teed Products Corporation, ar.d Prank K. Zimmerman o: National Gypsum Company. The Task Group discussed orogress to" * date concerning the trepanation of the "Work Practices." Cr. the next da*/ (April ICth), the Task C-rouo met with John ?. O'Neill and Harry Gilbert at the CSKA Standard Office. (Mr. O'Neill is Chief cf the Division of Health Standards. Mr. Gilbert is the Project Officer in charge of the Asbestos Standard.) The purpose of the nee ting was to review progress ana to subnit t: Mr. O'Neill rough drafts of six typical "Work Practices" for has review and cement. It was understood that this was only rough naterial ar.d was not to be considered as "submitted" work. Any work cr material submitted formally would require the approval cf the AIA/NA Hoard of Directors. Basically, trie Task Group wanted t: know if the naterial it was working on would be useful and was the type of information that could be incorporated into standards, if it'were prepared in the proper manner. At the time, CSKA was con templating a complete revision of the Asbestos Standard 1910.93a, cr at least was gathering all available information to that end. Another meeting was held April 21th in Washington, D.C., attended by the entire AIA/NA Standards and Technical Committee and by Mr. Gilbert. (Mr. O'Neill was ill at the time.) At the start of the meeting it was immediately apparant that a major change had taken place. Cr. April 15th, the U.S. Court of Appeals had handed down a decision ir. favor of CSKA ir. the Industrial Union.. Department (APl/'CIC) suit. This court decision vastly decreased the emphasis or. "Work Practices." The Asbestos Standard 1910.93a had been up- P.ewriti.tg or revising the Asbestos Standard is not now deemed ad visable. There may be amendments made to the Standard, such as a^ reference to "Work Practices," that would apply to all segments cf one asbestos industry -- housekeeping, entering fiber to process, waste cr scrap disposal, etc. The AI.i/NA Standards and Technical Committee will oroceed^with preparation of "Work Practices" on a recommended basis. In a*lprctatiiioy the writings will be recognized and/or recommended ty .3HA, but will not be mandatory. It is possible that where a re cognized "Work Practice" is in use, less monitoring would be luring the most recent meeting of the Committee, on September 1-t. again held in Washington, D.G., a review was made of all written .AQ-WV 10/93 002156 V'X 00044B3 5 , Assistant secreta.rry oo:f Labor (CSHA); serial vJr.ion Departmmeenrit (UaPPLL/CIO) ; ultar.t, Organization Resources Cour.se- ?aul Kotin, M.D., Johr.s-Manville Corporation; Ian C. Campbell, Quebec Asbestos Mining Association (and Vice President & Secretary-Treasurer, Asbestos Corporation Ltd.); Michel Lesage, M.D., Medical Advisor, QAMA; Maurice R. Easti.n, Special Consultant to the Administrator (In dustrial Affairs), U.5. Environmental Protection Agency; Daniel ?. Boyd, Ph.D., Director, Office of Standards, CSHA; Lloyd 3. Tepper, M.D., Associate Commissioner for Science, Peed and Drug Administration (HEW); Robert Join, Executive Director, Chambre Syndicate de lMAmiar.ee (The "ranch Asbestos Information Association); Wilfred ?. Howard, Asbestos Information Committee (rJ.K.) (and Croup Public Relations Advisor, Turner k Mewall Ltd.); Uoel W. Hendry, Vice President and General Sales Manager, Asbes tos Piter Division, Johns-Manville Corporation; Richard 3. Berman, Director of Labor Law, the Chamber of Com merce of the United States. here were many interested persons in attendance at the Conference, epresenting other than the regular *Ia/UA membership, i.e.: A/C Pipe Producers Association r.SBESTCS Magazine Asbestos Textile Institute Cadwalader, Wickersham k Taft Commerce Clearing House, Inc. Prank C. Prance k Company Prioticn Materials Standards Institute Government Research Corporation ,. 10/93 002157 " x'i. in P. A ?ag. Mir.utes/.iir Hygiene t Mar.uf acturir.g Committee - 9/26/7L Ha: Standards and Technical Committee, AIA/YA Hill and Xr.owlton, Inc. Coo Safety and Health Heport National Association of filter Manufacturers, Inc. Asbestos Information Committee (U.K.) Chancre Syndicale de I'Amiante (Trance) Department of the Environment (Canada) Quebec Asbestos .'-ining Association T.3. Bureau of Mines, Department of the Interior, Department cf Labor, Environmental Protection Agency, Food and Drug Admi.tisoration, Occupational Safety and Health Administration -- and several members of the Press. The Conference was the first of its kind. It was, beyond que a successful venture and it is hoped that meetings of this ty. can form a common ground whereby Industry, Government and Labor can define the problems they share and provide the possible means toward establishing "working" answers. C004467 LAQ-WV ' .10/93 002158 Ascestcs .ex~_-2 ..-.statute reported to the General Membership or. September 27, .971, by Alex Kusr.uJ< (Garlock Inc.) for the Chairman, A arm C. 7. 'Lr.kzir.er, HI, Zsc. (Johr.s-Mar.vilie Corporation). The Ad Hoc Coni'nss for the Tyler, Texas, lawsuits convened cr. `Wed nesday afternoon, September 25, 1971. The seating was chaired by -a.rc.n 7ir.kbir.er ar.d, of course, the status cf the Tyler cases wa*s the principal idea on the agenda. A report iron Wendell 3. Alcorn, Jr., ATI's Trial Counsel in the Tyler cas.'.s, was submitted to the Committed and formed part of th< as is u'.` the d. dw 4SSl..'. As you know, the Tyler cases ar wo lawsuits in which ATI is ore of several cefendar.ts. Specifi: 17, ATI is charged with "inpa * the flow of information" about : 1th hazards associated with " '- a industrial use of asbestos. ATI has denied the claias of the plain tiffs and also has taken steps seeking to have ATI dismissed from the suits on the ground that the Institute is not subject to suit in Texas. In July the Court in Tyler held oral argurarts on several ratters of court procedure. ` Attorney Alcorn act .i-.fti the sessions. The Court recognized that the cases could tenure quite complicated and, therefore, will issue an order shortly concerning the procedure to be followed in the cases. In the meantime, the Court has entered a stay order, effectively halting all p-oocdures in the cases. Cr.ce the Court has entered its order on procodure, there are two pending notions awaiting determination. The first notion which will probably be decided is -the notion by c.f of the plaintiffs to have the case proceed as a class action, with that plaintiff acting as the representative of all former workers at the Tyler plant. The next motion for consideration is ATI's motion to dismiss because .'TI is not suoject to suit in Texas. We believe the Court will al low plaintiffs some discovery {that is, steps taken to learn facts .tell by different persons or organizations) on this question. It was the consensus of the Ad Hoc Committee members that if a deposi tion (oral questions and answers taken under oath) of ATI is scugctt r the executive Secretary of the ATI would be an appropriate witness. A ruling on these motions may not be forthcoming until the end c: 1971.__ Wendell Alcorn will keep the Ad Hoc Committee posted on all significant developments. At the close of ___ _m__e_e_t_in_ gthe financing of the Tyler Litigati:r_ was di sous sed. Tuhe* topic received further consideration by the A"I Icard of Govern ors. It was cr. the regw u_lar Members_ of A wouls be appropriate ai Members would be encouraged to contribute in a like manner C00447C laq-wv 10/93 002161 Asbestos Texti_e Instiout September 27, 197i; The Cloiste r* ' !vta a 3ea Island, jS gia ..-.is mor toe -ega wis: 3 call your attention to a recent, change in witdt among employers, employees and third carties. In 197C, the Occupational Safety and Health Administration was created and you are faail iar with the national legislation that created it. '.ve have had many discussions in the past corce the effects of CSKA rerul atior.s uoon the activities and con your companies. v;ck:-czn's cc:pi:;satiom There is another aspect, however, of the CSKA legislation besides items such as inplar.t inspections, safety standards and asbestos oust exposure regulations. The 1970 federal legislation created a "attonal Commission on State workmen's compensation laws. That Commission has made a,study of workmen's compensation laws throughcut the 50 States of the Union and has come up with a final report. "he Commission's report is not merely a piece of paper, various State legislatures are changing their workmen's compensation laws ;r. the basis of facts and recommendations contained in that report. Tr.e of the States that has acted is Texas. The reason I focus on Texas is because much of the asbescos-heaith-hazard litigation has ceer. initiated in the State of Texas, has been decided by courts in Texas, ar.d one of the landmar< cases which was decided adversely to me Industry has been affirmed on appeal by the U.3. Court of Ap peals for the fifth Circuit, which sits m Mew Orleans. The Texas law governing compensation of employees for injurres sus tained cn the job and for occupational diseases contracted in con nection with their work was changed substantially for the first time since it -was enacted in 1913. 'tar.y of these changes 373 irrel evant in the context of the Asbestos Textile Institute, but there = re certain pertinent ones which we shall review this morning. me major change was the broadening of the coverage of tha workmen's compensation statute, for cxs.vtlo, uncar prior " tompar.ies having no more than three eurloytcs were not co.'3 '.'all, that is no longer so. Also, employees of State agencclitical entities were not covered. They r.rw can be. xts a s -- a w, ere al to are substantially increased tone! .ts under the work . r -j ncer.sa tier. law. An example: The maximum .eekly benefit has ^ - V'L*!; 0004471 LAQ-WV 10/93 002162 raised to 363.CO while the minimum, weekly benefit has been ir.cre ed `o 315.00. Of perhaps greater long-term sigr.iiitar.ee is'the" face that there has been built into eh5 Texas workmen's cemrensa tior. law ar. inflation factor whith will maximum ar.d minimum weekly benefits as the Cost of living Index rises. There is one very important change that is deserving of our scec iai attention. Prior to September 1, 1973, the insurance carrie (that is, the one with whom*the individual manufacturer cr other type of business has its workmen's compensation insurance), had the right to choose the doctor and the'medical facilities which would treat an injured or diseased employee. There were certain limitations which affected the right of the insurance carrier to make this choice -- for example, the worker had the right to choose a doctor to render first-aid in an emergency situation, out, generally, the sole choice lay in the insurance carrier. V aer the Texas workmen's compensation statute, as now amended, cr employee has the "sole right" to choose the doctor and the medic facility. That's all well and good. However, there has been mush criticis raised in the halls of the Texas Legislature to the effect that the employee's new right to choose will encourage the prolifera tion of what are, perhaps 'unkindly, referred to a3 "plaintiff s ' doctors". ' The Texas Legislature also enacted significant changes in that State's compensation laws with regard to third-party actions, .i third-party* action is like the lawsuit in which* ATI is involve;: Tyler,*Texas. It is an action not against the worker's employer but against a third-party entity -- such as a miner: that supplie asbestos fibers to a production plant in Texas; such as a trace association like ATI which the worker claims impeded the dissert nation of information about the health hazards of working -with, ascestos. * 3ex or: September 1, 1973, an employee who allegedly had bee harmec by*such a third party could not pursue simulta r.eousl *7 rzLO* against his employer and the third party. Now He car bring a workmen's compensation claim against h 10 Ve; xas to be decided by the Industrial Accident 3oa a * t -- ame time, he can file a third-party suit in the Texa j C 5 - Court or the Federal District Court if the juri c *2. Z Cl. cr c appro priate. The third-party action would probably s eek i- rc.a^T far b eyor.d the maximum recovery allowed by the Texas wc r.<-.r m T Z comae nsatio.n statute. *his has affected the time when an aggrieved worker must uawsu;t. ' r.der orior . exas law, the worker could fils a erkme: temtensati; claim with the . r.dus triai Accident Board, wait unc: ,n:i C004472 LAQ-WV 10/93 G02163 rage 3 - Hemarks of legal *c::rsa. - sight be connected with the particular industrial accident or oc cupational disease. The reason the employee had to sue within two years is that the general statute of limitations in Texas that governs the time in which one aust bring suit after he has suffer ed a personal injury is two years. The effect of this on commandss doing business in Texas' is that a worker who now files a ccaoensa- tion claim in Texas ar.d waits until that claia is finally adjudi cated, which nay take over two years, and then seeks to bring a third-party action against a supplier, for example, is subject to being barred froa pursuing that'cas* by the applicable statute of limitations. * It is possible under the new Texas law, which is not too dissimilar to compensation laws which have been adopted in other States, that the worker may sue a third party and choose not to claia against his employer. If the worker has already received compensation benefits from the employer's insurance carrier, the insurance com pany may be subrogated to the rights of the worker in the thirdparty action. Let us say, for example, worker John Doe had his arm severed in an industrial accident. He brings a claim for sta tutory workmen'3 compensation, which is allowed. He then sues the manufacturer of the machine that had the nerve to cut off his arm. He claims the machine was poorly manufactured and did not incor porate appropriate safety factors. The insurance company that paid the original compensation benefits can now intervene in the third-party lawsuit and take up the sword against the manufacturer of the machine. There is also an obligation under the new Texas legislation for compensation insurance carriers to undertake "loss prevention ser vices". I predict that anyone doing business in Texas, or in another State that has adopted a similar provision, will learn dbout this in the very near future (if they have not already done to). The Texas Insurance Code, in conjunction with the Workmen's Com pensation Act, has been amended to require carriers to provide ' accident prevention facilities as a prerequisite to writing insur-^_ ante in the State of Texas. This includes educational programs which the insurance companies must offer to insured employers `and present to employees through field safety representatives. The State loard of Insurance of Texas has authority to enforce this _ requirement against the insurance companies. I think particularly in industries such as those producing asbestos materials *r.d asbes tos products, insurance carriers are going to be very careful to present what they view as programs to help prevent occupational disease. The individual companies who operate in States ---*........ LAQ-WV ` 10/93 002164 . ''0 0+4 73 rage - - remarks' of legal 3cur.se 1 - ATI A.-.r.uul .'lestir.g - =/2?/",, chat adopt this approach are possibly going to be at odds with some of the presentations which are prepared by insurance carrier: The term "occupational disease" has beer, redefined in the Texas workmen's compensation statute, pursuant to recommendations by the_ previously mentioned CSKA Commission. Under the old Texas statute there were listed approximately 31 different occuoational diseases (and, ir.cider.tially, asbestosis is one of them). * The amended de finition is open-ended and, therefore, is subject to broad ir.tercretation. .:o -or.ger is a list of specific occupational diseases to wnich an employee must refer in order to file a claim or workmen': compensation benefits. Occu_ oational disease is now defined as ir.- eluding "damage or harm to the physical structure of the body occurring as a result of repetitious, physical, traumatic activi ties extending over a period of time."' This means chat anything v;hi:h occurs in the workplace long enough that has any adverse, physical effect upon the"body is compensable under the workmen's compensation statute. This, at least theoretically, does away with the requirement, which existed under the old law governing workmen's compensation cases, chat the employee prove that the alleged occuoational disease was the result of ar. "accident". II. CCMPARATITS MEGLIOEUCS sT5 is another subject I would like to address in addition o workmen' s c npensation. It is directly related to the cases er.d- 7he date September 1, 1973, has a good deal of significance for Texas lawyers .because many legislative changes became effective at that time. * In addition to the changes in the workmen's com pensation statute discussed previously, the State of Texas did uway with the doctrine of contributory negligence. In the area of tort law, the doctrine of contributory negligence was developed in England many years ago. Essentially, the doc trine says that if an injured person who comes to the court as _____ plaintiff is found to have contributed to the harm of which he * complains, he is guilty of contributory negligence. Under the old English common-law viewooint, it is somewhat analogous to saying that the plaintiff has ''unclean hands" with respect to the parti cular accident -- and therefore should not be able to recover any o: his damages from the defendant. That remained the law in _ Texas until September 1, 1973, when Texas adopted the doctrine of comparative negligence. .... 0004474 LAQ-WV 10/93 002165 emarr.s of legal Cour.s r^ual Meeting - 9/2?/?;. The practical application of comparative negligence, among those of the various States which adopted it, varies greatly. There are several versions of comparative" negligence statutes. Texas enacted a modified comparative negligence statute and adonted a relatively conservative approach, compared to some other States. Generally, the Texas Statute provides: The plaintiff, in order to recover any damages, must be found to have beer, no more negligent than the defendant. That is, if both the plaintiff and the defen dant are guilty of 50% negligence, the plaintiff can still recover. If the plaintiff is 51% negligent (and bear in mind that this is JiO 0*4 question for the jury) and the defendant is only 15^ re liger.t, the plaintiff is barred from recovery. Remember the comm law doctrine of contributory negligence -- if the plaintiff was 1 negligent and the defendant 99% negligent, the plaintiff was barred from recovery. So the adoption of comparative negligence is a big change. ** 'vhere there are multiple defendants in a Texas case, such as the Tyler litigation, the" plaintiffTs negligence (for example, if he failed to wear a respirator after he had been instructed to do so), in order for him to recover, cannot exceed the combined negligence of all the defendants. If the plaintiff is awarded judgment against several defendants, each defendant must contribute toward satisfy-, ir.g the judgment in proportion to the percentage of his causal neg ligence. For example, assume a plaintiff is found to have been 30/5 negligent in the cause of the subject accident; Defendant A was 15^ negli gent ; Defendant B 15% negligent; and Defendant CTlQ% negligent. In this hypothetical situation, the plaintiff could recover and Defendant A would be required to contribute 15% of the actual dam ages suffered by plaintiff, Defendant 3 15%, and Defendant C LZ%'. If actual damages to plaintiff were $50,000, Defendant A would have to contribute $7,500, Defendant 3 o7,500, and Defendant C 320,000 -- making a total of 335,000.* The plaintiff could not recover the remaining difference ($15,000 between actual and award ed damages) due to his 30% causal negligence. This does not mean, however, that a defendant's liability for dam-"**^ ages to the plaintiff is necessarily limited to his percentage of total negligence. The Texas statute retains the common-law rule that defendants are jointly and severally liable for the entire amount of the judgment awarded. However, the statute contains an important exception: If a defendant is less, negligent than the plaintiff, he is liable only to the extent of his individual neg ligent e. This exception to the general rule of joint and several liability of multiple defendants does not apply in cases where the more LAQ-WV 10/93 002166 '*004475 Page 6 - Remarks of legal Counsel - ATI Annual Meeting - 9/27/7* negligence on-the plaintiff's side is less than that of each defe banc. Obviously, the recent adoption in Texas of comparative negligence nay have important significance for ATI as a defendant in the Tyl cases. We shall continue to keep you advised as developments in those lawsuit3 occur. Respectfully submitted, Wendell 3. Alcorn, Jr. .Legal Cour. LAQ-WV10/93 002187 y*j 0004476