Document wDn28BREnnX690Keb0Kjr6DGJ

TO, FROM: CAMBRIDGE PERSONAL HD CONFIDENTIAL . R. W. Sterrett-Zonolite DATE. Chicago Peter Kostic SUBJECT: cr.\ W. L. Taggart----- E. L. Hears C. J. Dugan J. D. Kingery J. P. Cahalane J. F. Murphy, Jr. 036i-Clo 9. January 5, 1968 5 PLAINTIFF'S Dust Controls 1 EXHIBIT I ;WRG-40 On December 26, 1967, I met with E. Fenner, Director of the Johns-Manville Department of Environmental Control, and C. Sheckler, Manager of Occupational Environmental Control at the J-M Research and Engineering Center In Maavllle, Nev Jersey. The purpose of our meeting was to discuss dust problems and controls at Zonollte, and more specifically at Libby. Since I'd known Fenner professionally, and Sheckler, professionally and socially, rapport vas quickly established. Prior to ay setting up the appointment with them/Jchey vere apparently instructed by J-N's president, C. B. Burnett, to provide the advice and help I sought. Here are sane of the thi^N>that qjape out of the meeting: A. FOB IMMEDIATE ACTION 1. Conduct Industrial Because oj Feri the actual content of the dust, it vas t: dustrial Hygiene Survey be done as soon 'possible at LWby. ThisiXnfuld fifVolve sampling the air in all vork there is axpobraw^to^ddst. and laboratory analysis and count of idea. * aske^df ed6h service might be available from the Division enal Heal/cg, U. S. Public Health Service. They raid that the best ve is a conference vith a representative at one of their are overloaded now vith nev and different problems such as that of Fiberglass which J-M has sought their help on far over tvo years. Since J-M has an Industrial Hygienist and laboratory about 50 miles 19 coast from Santa Barbara, California, 1 asked if it couldn't be arranged for him to do the Job far us, DfcA willing, of course. It vas their opinion that if ve make the request through channels (Burnett) J-M would comply vith the request. 8uch survey would tell us (l) composition of the dust, (2) number of dust particles in the air, (3) else of the particles (this is Important since only those particles less than 10 microns in sise are hazardous), and (b) sources and/or areas of air contamination. From this we will know if ve hartf problems, specific problem areas and severity of the problems. If ve get this service and information from J-M, we will then be on our own (at least this vas the im plication). The Job of identifying defective ventilating equipment, designing nev or improved equipment, etc., would be ours. Once their Environmental Control group detecta hazardous areas the problem is turned over to their Central Engineering Department for correction. I suppose ve could get some "non-field, non-shop" help from their engineers if ve need it. 15162998 r R. W. Sterrett 2- - " Dust Control 2. Work Histories on 32 Employees January 5, 1968 03^'JIj21x To provide examining physicians vitb all the information and help they may need, complete and thorough work histories should be done on eaeh of the 32 employees referred to In Chuck Dugan's letter of 12-5-67 Such histories should contain information similar to the attached sample Work History. (Before a form for this purpose is finalised, I would suggest consulting with the physician as indicated in item 3. below. He may want to add a question or two.) 3. Physical Examinations and Studies Regarding the 32 employees showing abnormal chest X-Ray pictures, it was recommended that they be given complete and thorough examinations and tests by a physician well versed in pulmonary diseases. This should include respiratory function tests and heart function tests as well as chest X-Rays. Purpose of such exams is to ascertain definitely what the lung abnormalities are. Then, if claims arise, we will be in a position to fight those eases which are deemed not to have risen out of employment with Zonollte. Xt is J-M's experience that the -cost of such exams and tests is approximately $200. B. POST SURVEY After it is recognised that we do have dust problems and the problem areas are identified, we should move fast in doing whatever had to be done to remedy the situation. This is of eourss to minimise dust inhalation by all anploytes, but most important to arrest lung contamination by the 32 farementloned employees. These employees, so far as we know, are not presently disabled. If we minimise their exposure to a dust lsvel not exceeding 5 mppcf chances are ve may be able to keep them on the Job until they retire, thus precluding the high eoot of total disability. Although medical opinions differ, J-M's doctors and Industrial Hygienists feel that an asbestosis contaminated lung will remain status quo once further oantamlnation is eliminated. It is interesting to note that asbestosis victims do not die of asbestoils as such but rather from complications such as secondary lung infections or heart disease. C. DUST CONTROLS ARP MAXIMUM ATtLOWAlI.R COSCEHTBATIOlfS Regardless of the percentage of asbestos dust particles in the air, our goal should bo to keep the total dust count below 5 million particles per cubie foot of air. This is to ssy that the totajl count of all duet particles loss than 10 microns in slse should net axesed 5 mppcf of air. (Tt ihould be noted in reviewing our files that the percentage of asbestos dust at Libby had bean expressed at one time or other as 6.2$, 12$, 22.5$, b0$ and 75$.) Although the J-M people and two other authorities on the subject who I had contacted agree on the above mentioned 5 mppcf count, the maxlmfe allowable concentration for asbestos dust is controversial. The Industrial Hygiene Foundation is currently circulating a communication which X have seen, proposing a 0.0 mppcf for asbestos dust. They apparently feel that any exposure to asbestos dust is hazardous. Many doctors are of the opinion that there Is a definite relationship between asbestos dust aad certain types of cancer. J-M anticipates 15162999 i R. W. Sterrett - 3Dust Control *- January 5, 1968 ^ J _> A. .i. *- C. DUST COBTROLS AMD MAXIMUM ALLOWABLE COKCEHTRATIOHS (Continued) that every cancer case among their employees vill he a potential Workmen's Compensation case. The chances of developing asbestosis at counts under 5 nppcf are minimum. The number of cases arising out of such exposures at J-M hare been few in number over the years. At any rate, Fenner and Sheckler emphasised that Threshold Limits (MAC) should be used as guides in the control of health hasards and should not be regarded as fine lines between safe and dangerous concentrations. D. L. F. WELSH CASE The ease involving former employee, L. F. Welsh, should be quickly settled out of court. Whenever it is proven to our satisfaction that an employee has developed an illness or disease while in our employ, especially in instances where a plant is located in a small town, public relations could be damaged if the employee is required to fight for his benefits through the courts. It was J-M's experience that a precedent settling out-of-court settlement of a ease in a small town (Marshvllle, I. C) was not necessarily a signal that the employer's cash register is open for all comers. The settlement, in this case, prompted only two additional though justifiable claims. E. AIR 6AMPLXH0 AID PARTICLE COURTISO The accuracy and/or reliability in taking and counting dust samples by personnel attached to the local plant (as in the case of Libby) is questionable. If there is no alternative hut to assign such responsibility to local personnel, sa emxual or terl-ww1^ check should be made by someone else such es e private consultant or F. Kostle. F. EMPLOYEE EDUCATION Employees should bo informed regarding the consequences of inhaling dust particles sad the complications such es T-B, cancer, lung abcess, etc. which might develop. If they familiar with the hasards involved, they ere likely to make greater effort to protect themselves. G. PERSONAL PROTECTIVE DEVICES It has been J-M's experience that personal protective devisee such es masks and respirators are only 50^ effective. This type of equipment, therefore, should be used only in emergencies and for exposures of short duration. H. DIAGH0823G ASBESTOSIS In his letter describing the recent hearing in Kalispell, Montana, Chuck Dugan states "It seems that asbestosis cannot be definitely estfgpllahed unless a biopsy is done on lung tissue". Apparently this was brought out in the testimony Both Fenner and Sheckler dispute this. It is their contention that an experienced physician could Identify asbestosis In X-Ray pictures. (I also have a flyer from the Division of Occupational Hygiene, Massachusetts Department of Labor and Industries, which says "X-Ray films vill show changes In varying extent which are considered characteristic for asbestosis.") 15163000 R. W. Sterrett -kDust Control January 5, 1967 I. HOUSEKEEPING ^3635213 Both Fanner and Sheekler repeated several tines the necessity for good housekeeping in dust control programs. J-M's manual of Earlronaental Control Standards contains a rather substantial section on housekeeping. J. ANOTHER MEETIRQ If ve so desire, Fenner and Sheekler indicated they would be happy to neet with you, Xd Hears and all others concerned, here at Cambridge, for purposes of further discussing the problem. If we'd like to set up such meeting they suggested a date between January 15 end January 2k, during which period they both would be available. K. MY COMMENTS It is ay opinion, unless it is undesirable from a business-relation standpoint, that we should get J-M to do the surrey for us. This should be done as soon as possible. You will have to make a request for such service of Burnett. I will accompany their man to Libby, coordinate the survey, observe and assist him, end if I feel there is justification for our (Central Engineering) getting suitable dust sampling equipment, I will make such recommendation. This would enable us to spot chock Libby as well as expanding plants. As indicated under item A-3, arrangements should be made with a physician, specialising in pulmonary diseases, for examination and testing of he 32 employees in question. For the names of competent doctors in this regard, I would suggest seeking the help of the Seattle office of Maryland Casualty. If Libby management so desires, I shall be glad to start the bell rolling on this. After a physician has been contacted and tentative arrangements for examination and testing made, work histories on the 32 employees should be written up. As indicated in item A-2, the physician should be consulted before the work history form is finalised. PKrtas Peter Kostic > 15163001