Document vyNvJn1X0B147w4LGO7G2n00R

PLAINTIFF'S EXHIBIT i^O df^l-z_^. /V't/e/d. <2_^-. /<? / {2e^s^ S*0^>K -K^t. O lO&K3-hj Ls/Ood'z-' Of^ dt^cJilA^t tLJc- C*cAs<*$ /-. Lsyf&-&*^ott jJtfZC&ft * ^ZsZa^^tA jScr^i .a^u^. <>esJis5 y'}/*>4 se<y-^^t^^, /r1 .-OU$f' /"' Au^Svr^/c o ^ ^ C^^'f^c^. c^h^ry^ l/H- IW. CAPCO JEN 0002668 ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway. Crysfal Square 4. Suite 509 Arlington. Virginia 22202 (703) 979-1150 7 February 1980 Eula Bingham, Ph.D. Assistant Secretary of Labor for Occupational Safety and Health United States Department of Labor 200 Constitution Avenue, N.W. Room S2315 Washington, D.C. 20210 JOINT LETTER Dear Dr. Bingham: The Asbestos Information Association of North America (AIA/NA) and the Association of Asbestos-Cement Pipe Producers (AACPP) have consistently sought to cooperate with OSHA in the devel opment of workable standards which provide good protection against health hazards in the workplace. One important aspect of our efforts has been the development of a regulatory strati egy to solve the difficult problems of standard-setting in the construction industry. More specifically, we have presented testimony before the Special Supgroup on.Health Standards of the Advisory Committee on Construction Safety and Health, which you requested on July 18, 1979 to evaluate the adequacy of the existing OSHA regulatory program. In that testimony, we made a commitment to develop a specific proposal to protect the health of workers without resorting to cumbersome and unneces sary measures more applicable to fixed-site employment than to construction. Transmitted herewith is a copy of a Recommended Standard for Occupational Asbestos Exposure in Construction and Other NonFixed Work Operations, which we are today submitting to the Subgroup and the Construction Advisory Committee. As detailed in the paper itself and summarized in our cover letter to Dr. Fred Ottoboni, Chairman of the Subgroup, our proposal would create strong incentives for the development and use of products and simple work practices which present little or no threat from asbestos exposures above permissible limits. Our.proposal would be far easier to enforce in construction workplaces than the current standard. As the most recent semiannual regulatory agenda indicates, OSHA is actively considering a separate asbestos standard for construction (Federal Register, Vol. 44, No. 22 of November CAPCO JEN 0002669 Page 2 13, 1979). Thus, we hope that you and your staff will examine closely our proposal. We commend it for adoption as an effective occupational health strategy for construction and other non-fixed work operations. Please feel free to contact us if you or your staff have any questions or would like to discuss the proposal. Sincerely, ASBESTOS INFORMATION ASSOCIATION/ NORTH AMERICA A/C PIPE PRODUCERS ASSOCIATION 1600 Wilson Blvd., Suite 1308 Arlington, VA 22209 T. A. Dougherty President Joseph C. Jackson President Enclosure cc: Bruce A. Ilollett Chairman, OSHA Advisory Committee on Construction Safety & Health Fred L. Ottoboni, Ph.D. Chairman, Subgroup on Health Standards, OSHA Advisory Committee on Construction Safety and Health Stephen Cooper, OSHA Construction Liaison CAPCO JEN 0002670 ASBESTOS INFORMATION ASSOCIATION n23E^S223&ES2S3E3SSS3 1745 Jefferson Davis Highway. Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 7 February 1980 JOINT LETTER Fred L. Ottoboni, Ph.D. Chairman, Subgroup on Health Standards Advisory Committee on Construction Safety & Health Occupational Safety and Health Administration United States Department of Labor 3rd Street and Constitution Avenue, N.W. Washington, D.C. 20210 Dear Dr. Ottoboni: As you know, the Asbestos Information Association of North America (AIA/NA)jV and the Association of Asbestos Cement Pipe Producers (AACPP)**/ strongly support the efforts of the Construction Advisory Committee to develop a %yorkable program for protecting the health of workers in the construc tion industry. The Advisory Committee and OSHA have both expressed' concern that customary requirements for routine monitoring, medical surveillance, "regulated areas" and other measures designed for fixed-worksite jobs in manufacturing industries are simply not workable in construction. The unique characteristics of employment in the construction industry -- particularly the diversity of the work operations, high turnover among both employers and employees, and the predomi nance of small firms -- call for a new approach which relies on work practices as the most effective means of protecting worker health. The enclosed industry position paper fulfills our commit ment to show, using asbestos as an example, that a workable program for protecting worker health in the construction _V AIA/NA is an incorporated, non-profit organization repre senting firms in the United States and Canada involved in the mining and milling of asbestos ore, the sale of asbestos fiber, and the manufacture or processing of asbestos-containing products. **/ AACPP represents corporations in the United States, Canada, Mexico, France, Switzerland, Australia, Greece, India and Finland engaged in the manufacture and sale of asbestos-cement pipe products. CAPCO JEN 0002671 Part 2 industry can be built around the work practices concept. In brief, our Recommended Standard provides a mechanism for clas sifying products based on their capacity for causing exposures in excess of permissible limits, and creates strong incentives for the development and use of products and work practices which present little or no threat.of exposures over the allow able limits. Product classifications would be based on careful testing by qualified laboratories and could be empirically verified by OSHA. In contrast to the monitoring approach now required, the Recommended Standard could be enforced simply by ensuring that the proper products and work practices are being used. We have included proposed regulatory language which we believe could easily be adapted to apply to other toxic substances used in construction work. In addition, the appendix discusses how the Recommended Standard could be implemented, including detailed laboratory data showing the effectiveness of specific work practices for two asbestos-containing products. We hope that the Recommended Standard will prove useful to the Subgroup on Health Standards and the Advisory Committee in developing a workable regulatory strategy for the construc tion industry. Should you or any other member of the Subgroup or the Advisory Committee have any questions or observations after Guy Gabrielson's testimony today, please feel free to contact us. Sincerely, ASBESTOS INFORMATION ASSOCIATION/ NORTH AMERICA A/C PIPE PRODUCERS ASSOCIATION 1600 Wilson Blvd., Suite 1308 Arlington, VA 22209 T. A. Dougherty (j President Joseph C. Jackson President Enclosure cc: Dr. Eula Bingham Assistant Secretary of Labor for Occupational Safety & Health Members of the Advisory Committee on Construction Safety & Health CAPCO JEN 0002672 KBCEIVEOfebo 8 1980 STATEMENT OF ROBERT D. MAURER MANAGING DIRECTOR OF THE RESILIENT FLOOR COVERING INSTITUTE BEFORE THE SUBGROUP ON HEALTH STANDARDS ADVISORY COMMITTEE ON CONSTRUCTION SAFETY OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION February 7, 1980 CAPCO JEN 0002673 My name is Robert D. Maurer. I am the Managing ^. Director of the Resilient Floor Covering Institute. The Resilient Floor Covering Institute represents eight major manufacturers of resilient floor covering. Seven of these companies' manufacture resilient floor covering which contains asbestos. The principal products made by this industry are vinyl asbestos floor tile and sheet vinyl flooring. These products are widely used in residential/ commercial, institu tional and industrial buildings. The asbestos fiber used in resilient floor.covering is "locked-in" a mix of other ingredients during the manu facturing process. Accordingly, when these products are installed or removed in accordance with proper procedures they do'"'hot-pose a significant risk of fiber release. The Resilient Floor Covering Institute supports the efforts of this Subgroup to develop a workable program for protecting the health of workers in the construction industry. We agree with others in industry that customary safeguards such as routine monitoring and medical surveillance are impractical in this context. Accordingly, we join with the Asbestos Information Association in proposing a new approach which relies on work practices for protecting the health of workers at the construction site. i CAPCO JEN 0002674 I t Should this pro^o^al ultimately be adopted, we *j would, of course, seek certification for our products. Because asbestos is firmly encapsulated in resilient floor covering, certification testing should disclose minimal risk of fiber release. - Several years ago we began independently to develop recommended work practices for resilient floor dovering. This effort was undertaken to provide further assurance against fiber release from resilient floor cover ing. Regardless of whether such practices would be required under the recommended standard being proposed today, (and we are inclined to think they would not be), we intend to circulate them widely among those who purchase and install our products once they are adopted in final form. Thank you. CAPCO JEN 0002675