Document wDp8xqdwKMqwz5raEXNj0ad7Q

FILE NAME: Celanese (CEL) DATE: 1963 Feb DOC#: CEL026 DOCUMENT DESCRIPTION: Company Recommended Practices - Tab D 12/18/2014 08:20 * U ~-J A . P. Ha. 2142767699 SGPBLAW CORPORATION OF AMERICA PAGE 02/12 PLAINTIFFS EXHIBIT ADMINISTRATIVE PROCEDURES CEL 5060 1 1-18 GENERAL ADMINI STRATTON HANDLING MATTERS RELATING TO COMMERCIAL HAZARDS A.P. No 1-18 Effeeti February, 19^3 TABLE OF CONTENTS 1 COMMERCIAL HAZARDS COMMITTEE 1 2 ADMDIISTRATITO RESPONSIBILITIES 2.1 Medical Director 1 .2 Division Representative(s) 1 3 Manager of Testing Department 1 .k Safety Director 2 5 Legal Department 2 3 DETERMINATION OF COMMERCIAL HAZARDS WITH RESPECT TO HEW OR MATERIALLY ALTERED PRODUCTS 2-L k DECISION OF COMMERCIAL HAZARDS COMMITTEE AS TO LABELING PREREQUISITE TO SHIPMENT OF CERTAIN CORPORATION PRODUCTS t 5 INQUIRIES WITHIN THE CORPORATION CONCERNING PROTECTION OF EMPLOYEES k 6 OUTSIDE INQUIRIES CONCERNING TOXICITY AND OTHER COMMERCIAL HAZARDS k 7 PROVISIONS AS TO INTERIM COMMUNICATIONS RELATING TO HAZARDOUS PRODUCTS 5 PLAINTIFF'S EXHIBIT rw /iw w M m SEAY HAMMETT002220 12/18/2014 09:20 21427G7699 SGPBLAW PAGE 03/12 --; G s l S 4 e . CORPORATION OF AMERICA ADMINISTRATIVE PROCEDURES 5*eM<* 1 A.P. M. 1,,18 EffactSv GMERAL A2MOISTRATXOJ BABBLING MATTERS RELATING TO COMMERCIAL HAZARDS February, 1963 Page 1 A.F. fl< l-l8 COMMERCIAL HAZARDS COMffiTTEE ,, '^ e ^ V / It Is the function, of the Commercial Hazards Committee to decide what action the Corporation should take to safeguard itself, its employees A. and others against hazards brought to the attention of the Committee A- . * > V * 6 and relating to the manufacture and sale of the Corporation's products. The Committee is composed of the Medical Director as Chairman,, one \ A ' or two representatives to be appointed by the President of each of s the divisional companies, a representative of the Safety Department, and a representative of the Legal Department as Secretary. The Committee meets on call of the Chairman. Company representatives are not required to attend meetings or discuss matters not affecting their company, and are not permitted to vote on such, matters. Where unanimity cannot he achieved among participating members as to the action to be taken, the matter will be submitted, to the Secretary of the Corporation for final decision. 2 ,AJMOHSTRATIVE HJESP0HS1BILITIRS 2.1 Medical Director To make determinations as to the nature and extent of toxic and der ma-title hazards to health or life. To maintain a central file of all related correspondence and tests on matters coming before the Committee, in such detail as the Legal Department may deem sufficient for use in the event of legal attack. 2.2 Division Representatives) To familiarize themselves with the problems involved in requests they present to the Committee on behalf of their respective division and to this end consult with their division personnel. 2.3 Manager of Testing Department To make determinations, subject to the approval of the President of his Company, as to the hazards other than toxicity or dermatitis such as flammability, explosion or corrosion - arising from the use or handling of the product by persons other than the Corporation's employees. r*> SEAY HAMMETT002221 12/18/2014 08:20 2142767699 SGPBLAW PAGE 04/12 Sfefitien A .P .H * 1 1 -1 8 CORPORATION OF AMERICA ADMINISTRATIVE PROCEDURES GENERAL ADMIMISTRATIOH HANDLING MATTERS RELATING TO COMMERCIAL HAZARDS F eb ru ary, 19&3 Page 3 A.P. M 1-16 3 BJ5TERMINATIQN OF COMMERCIAL HAZARDS WITH RESPECT TO HEW OR MATERIALLY ALTERED KODUCTS (COMTE.) desirable, and (d) whether, in his opinion, -warning labels are desirable, together with proposed language for such labels. Where other commercial hazards, such as flammability, explosion or corrosion may be involved, the Chairman will, after obtaining the advise of the Company representa tives on the Commercial. Hazards Committee, refer the problem to the Corporate Safety Director for determination and report to the Commer cial Hazards Committee. The report of the Chairman will be considered at the next meeting of the Commercial Hazards Committee, and the members thereof representing the affected Companies and Departments of the Corporation will, when necessary, consult with the appropriate personnel as to the problems and report back to the Committee the recommendations of their Companies and Departments. Decisions will thereupon be made as to what, if any, action the Corporation will take to guard against the hazards involved. Decisions will include such matters as whether toxicological tests are to be made, whether the recommended, label is to be approved as submitted or with certain changes, and what protective language, if any is to be Included in technical bulletins and sales literature. They will also include statements of the precautions, if any, which will be required of employees in handling the products within the Corporation. If it is determined to have tests performed, the laboratory selected to perform them shall first be approved by the Medical Director. Two copies of final proof of all labels will be submitted to the Chair man of the Committee before the label is printed. If the proof conforms to the labeling as approved by the Committee, one copy will be initialed by the Chairman and. returned as authorization for printing. If proof does not conform to the labeling as so approved, the Chairman will so notify the person submitting it, who will either make the necessary changes or request submission to the full Committee for reconsideration. Any request for the reprinting of an established precautionary label need not he submitted to the Chairman for consideration by the Committee provided the request for reprinting is of a label which the Committee has approved and there has been no change in the product or the circumstances surrounding the original approval by the Committee, It shall be the responsibility of the person ordering reprints to satisfy himself that the form of label which is ordered is the latest one which has been approved by the Committee. In cases of doubt it shall be hie responsibility to contact the Chairman of the Committee. SEAY_HAMMETT002222 12/18/2014 03:20 2142757593 SGPBLAW PAGE 05/12 . . ! ^ T ^ e M e * * * * Ses. CORPORATION O F AMERICA ADMINISTRATIVE PROCEDURES S * fi< W 5 1 A.P.M. 1-18 EGfawSSw GENERAL ADMINISTRATION M L ! MATTERS RELATITO TO COMMERCIAL HAZARDS February, 1963 Fog 5 . A.R. No 1-18 7 PROVISIONS AS TO INTERIM CCSHMUNICATIONS RELATING TO HAZARDOUS PRODUCTS The Corporation finds it necessary from time to tine to conduct tests nod investigations concerning the possibility of hazards involved in the use, handling or sale of chemicals or other products. This may occur when new or changed products are under consideration, when com plaints are received from customers or others regarding hazards or injuries, or if injuries ocour within the Corporation. As research and testing work is performed in the above situations, interim reports are written, often based on incomplete Information and containing conclusions which will b modified as the studies progress. These reports occasionally result in a substantial amount of contro versy expressed In correspondence which is rather generally circulated. This presents a serious legal hazard. In the event that claims or suits against the Corporation should later be brought Involving the pro duct in question, plaintiffs could serve subpoenas on the Corporation requiring the production of all documents bearing on such a situation, and statements regarding the hazardous nature of the product, even though incorrect, could be used against the Corporation. For these reasons, it is most desirable to keep interim reports and correspondence on such subjects to a minimum and to avoid all general correspondence relating to such matters. This is not intended to pre vent or curtail the circulation of final conclusions or determinations by the individuals made responsible therefor under Item 2, As an aid to achieving this result, the following precautions will he observed; Written communications concerning hazards to person or property will be confined to the minimum absolutely necessary, and will be in the form of confidential mrawranda. Preferably, communications will be conducted orally whenever feasible. Such commuaications os must b written will be confined to factual data and statements of their inevitable significance, and will omit all opinions or spculation The latter will be communicated orally. Such communications concerning hazards to person or property as are necessary will be issued by the department performing the work on which the report is baaed, scud will be directed through channels to the Cor poration's Medical Director and the Legal Department, and ao other copy (except that pf the Issuing department) will be made. It will be the responsibility of the Department Manager orally to advise and consult with interested members of other departments. Inquiries by Company Presidents and other interested parties as to the hazardous qualities of our products and recommended action thereon will sigaated In Item 2, person.,,.,dapartiGe3it_orucoinmittea_dOr,,,,,,., SEAY_HAM METT002223 12/18/2014 08:20 2142767B93 SGPBLAW PAGE 06/12 J Z I nHKLH L0 TTt-2 ISLANBSE CORPORATION OF AMERICA X x i 552 Fifth Avenue 1 New York 36, New York ORGANIZATION CIRCULAS October 12, 1956 , Revised September 28, 1962* SUBJECT! EFFECTIVE DATE*. COMMERCIAL HAZARDS COMMITTEE AND AUTHORITIES FOR DETERMINATION OF COMffSRCIAL HAZARDS October 15* 1962 OBJECTIVES: PERSONS AND DEPARTHENTS RESPONSIBLE FOR DETERMINATION 0? COMMERCIAL HAZARDS: Medical Director Mao&sar of Tantinz Denartwnt Safety Director lez&l Denartawist To establish and apply m a Corporation-wide basis, policies relating 'the'evaluation, mitigation and avoidance of' a^relal hai&arde in the manufacture and ale of the:Carporitidp product, Including the obtaining and |>prsa'Siii of toxicological data and the approval.,pi jwarnihg label. ***1* ' . * f f It will be the responsibility of the Medical Director to make determinations an to the nature and extent of toxic and dermatitic h&a&rds to health or life. It will be the responsibility of the Manager of the Department performing the teats on the product, sub ject to the approval, of the President of hi Company, to make detarmiaationa1a to- h&a&rda other than toxicity.or .dormatifci,,,'such.as flaMtability, ex plosion or aorrcmlooj "wising frca the use or handling <^/thft p r^ttdi.^,,p*reone other than the CorporatiflBa'<a ' It will be' iha.reapfeedbjili-ty of the Safety Director ' to tO'tha. howards to employees ariaing out'.of thfti^'`ei^oyment, BUbjacrt to ary applicable cohcliisiont'ot;.:the Medical Director, and, for -hazard1other'fehan^nsdittity or dermatitis,, of the . appropriate Company PTejKlrfhnt, or apartment Manager. It will be the rBiponftibllit^ of the Legal Department to males final. SoQollasipnjs tm to actual or potential legal liability, of th*,' Corporation and the require ments of the law relating to the advertising, sale and us* of hasandpu products, i ^Revised only to reflect orzanizatlcmal ehanzee SEAY_HAM METTO02224 12/18/2014 03:20 2142767699 SGPBLAW PAGE 07/12 ORGANIZATION CIRCULAR FUNCTIONS OF COMMERCIAL HAZARDS COMMITTEE: COMPOSITION OF COMMERCIAL HAZARDS COMMITTEE! METHOD OF OPERATION: October 12, 1956 -2- Revisecl September 2R, 1962 It vrf.ll be the function of the Commercial Hazards Committee, based on the determination of commercial hazards by the responsible persons and departments or outside testing agencies, to decide what action the Corporation should take to guard against the hazards involved, as by making tests and using Specific warning labels and protective language in bulletins and sales literature. The Committee will consist of the Medical Director as Chairman, one or two representatives to be appointed by the President of each of the divisional companies, a representative of the Safety Department and a representative of the Legal Department, to be appointed by the Safety Director and General Attorney respectively. The Committee shall meet on call of the Chairman. All members of the Committee M i l have equal voice in its deliberations, except that members represent ing Companies not affected by any matter under consideration will not vote on the issues relating to such matter. Company representatives will not be required to attend meetings as to which the agenda contains no matters affecting their Company, A quorum will consist of a majority of the members required to attend the particular meeting. No matter will be determined at any meeting not attended by a representative of all Companies affected by such matter; and no matter all be determined except by unanimous agreement of those present and entitled to vote on such matter, Where unanimity cannot be achieved, the matter vrf.ll be submitted to the Secretary of the Corporation for final decision, if requested by any member of the Committee entitled to vote on the matter, The representative of the Legal Department irf.ll act as Secretary of the Committee, Hie duties will be: 1) To receive all suggestions and supporting data submitted to him for the agenda. 2) To prepare and issue copies of the agenda to all members, indicating for each item the objective to be reached at the meeting, 3) To prepare and issue copies of the minutes of each meeting. SEAY_HAMMETT002225 12/18/2014 09:20 2142767699 SGPBLAW PAGE 08/12 ORGANISATION CIRCULAR COPIES OF CIRCULAR: -3- Revised September 28, 1962 Copies of the agenda with supporting documents attached will be distributed one weak in advance of each meeting, and capias of the Minutes of each meeting will be distributed not later than one week after the meeting to all members of the Coasalttee. Minutes will be written in condensed form so as to: 1) Highlight the problem areas of each item,, 2) Record significant solutions discussed and decisions made by the Committee. 3) Record action to be taken by individual members of the Committee. Matters will be brought to the attention of the Committee in accordance with the provisions of the Procedural Circular entitled "Procedure for Handling Matters Relating to Commercial Hazards." A central file on all matters coming before the Committee will be permanently maintained in the offioe of the Chairman at the Corporation's Head quarters. Copies of all related correspondence and raamor&ndi, including intermediate and final teste, will be maintained in this fil In such detail as the Legal Department may deem sufficient for use as evidence in the event of legal attack. Executives, Department Heads, Plant Managers, District Managers and General Managers of Foreign Subsidiaries. SEAY_HAM METT002226 12/18/2014 09:20 2142767699 SGPBLAW PAGE 09/12 ` S(,LOtTTMQEf~t2hCfi CEUNESE CORPORATION OF AMERICA I 522 Fifth Avenue .jfNew York 36, New York PROCEDURAL CIRCULAR SUBJECT: ___________________ October 12, 1956 Revised September 28. 1962* PROCEDURE FOR HANDLING MATTERS RELATING TO COMMERCIAL HAZARDS EFFECTIVE DATE: October 15, 1962 1. Determination of Commercial Hazards With Respect to New or Materially Altered Products At any time when the Corporation coiwnenceo the nee, development or production of any chemical or other product which could present a coni" mercial hazard to health or safety, or if previously used chemicals or other products are altered in any way which might present a new hazard of such nature, the Company Departmental Manager having supervision of the project, or his designee, will immediately submit to the Company representative on the Commercial Hazards Committee, who will forward to the Chairman, on a form to be supplied by such Committee, a request for determination as to tests, labels and protective language to bo employed, The form will be designed to elicit all pertinent hazard information. A request for a new or revised label will be accompanied by proposed copy and layout. Upon receipt of such request, the Chairman will assemble such data relating to passible commercial hazards of the product as may bo available, and will submit the 3ame to the Secretary of the Commercial Hazards Com mittee, with comments as to (a) whether and what commercial hazards may exist, including toxicity and dermatitis, (b) whether and what toxico logical or darmatitic tests should be performed, (c) whether warnings in technical or sales bulletins are desirable, and (d) whether, in his opinion, warning labels are desirable, together with proposed language for such labels. Where other commercial hazards, such .as fibuam&bility, explosion or corrosion may be involved, the Chairman, will, after obtain ing the advice of the Company representatives on the Commercial Hazard Committee, refer the problem to the Corporate Safety Director for deter mination and report to the Commercial. Hazards Committee. The report of the Chairman will be considered at the next meeting of the Commercial Hazards Committee, and the members thereof representing the affected Companies and Departments of the Corporation will, when neces sary, consult with the appropriate personnel as to the problems and report back to the Committee the recommendations of their Companies and Depart ments. Decisions will thereupon be made as to what, if any, action the Corporation will take to guard against the hazards involved. Decisions will include such matters aB whether toxicological teats are to be made, whether the recommended label is to be approved as submitted or with certain ^ changes, and what protective language, if any, is to be included in technical bulletins and sales literature. They will also include statements of the ^Revised only to reflect organizational changea SEAY HAMMETT002227 12/18/2014 09:20 2142787699 SGPBLAW PAGE 10/12 PROCEDURAL CIRCULAR.___________ -2- October 12, 1956 Revised September 2 B . 1962 precautions, if any, which will be required of employees in handling the products within the Corporation, If it is determined to have tests per formed., the laboratory selected to perform them shall first be approved by the Medical Director. Two copies of final proof of all labels will be submitted to the Chairman of the Committee before the label is printed. If the proof conforms to the labeling ae approved by the Committee, one copy will bo initialed by the Chairman and returned as authorisation for printing. If proof does not con form to the labeling as so approved, the Chairman will bo notify the person submitting it, who will either make the necessary changes or request sub mission to the full Committee for reconsideration. Any request for the reprinting of an established precautionary label need not be submitted to the Chairman for consideration by the Committee provided the request for reprinting is of a label which the Committee has approved and there has been no change in the product or the circumstances surrounding the original approval by the Committee, It shall be the responsibility of the of the person ordering reprints to satisfy himself that the form of label which is ordered is the latest one which has been approved by the Committee, In cases of doubt it shall bo his responsibility to contact the Chairman of the Committee. No statements in advertising, letters, or any literature issued with regard to a Corporation product shall be inconsistent with precautionary statements which have been prescribed by the Commercial Hazards Committee for the product. II, Decision of Commercial Hazards CoTamittsa as to Inhaling Prerequisite to Shipment of Certain Corporation Products, No chemical or other product of the Corporation which could present a com mercial hazard to health or safety, Including samples and intermediates, will be shipped outside the plant or laboratory, nor will such product be offered for sale, advertised, or described in Corporation literature without first obtaining precautionary labeling directions from the Commercial Hazards Com mittee, In cases of special necessity, when time does not permit a full evaluation of the hazards, the Chairman may temporarily authorize shipment or sal under general warning labels prescribed for such purpose by the Committee. HI. .Inquiries Within the Corporation Concerning Protection of Employees. The Corporation's Medical Director will advise and answer inquiries regarding toxic and dermatitic hazards and sound industrial hygiene practices for em ployees within the Corporation. The Medical Director will maintain close liaison with the Safety Department, literature for use within or without the Corporation relating to toxicity, dermatitis, and similar hazards, will be submitted by the Medical Director of the Corporation to the Legal Department for review, together with all ____data, dui order that statements circulated may be appropriato to ,, furnish reasonable protection to the Corporation from legal liability. SEAY HAMMETT002228 KJf 12/18/2014 08:20 2142767589 SGPBLAW PAGE 11/12 PROCEDURAL CIRCULAR _______ October 12, 1956 -3-_______________ Revised September,8.^JL$6g. IV, Outside Inquiries Concerning Toxicity and Other Commercial Hazards, Outside inquiries concerning toxicity and other commercial hazards will be referred initially to the appropriate Sales Manager, Where toxicity or dermatitis is involved, the Sales Manager will promptly refer such inquiries, through one of the Company representatives on the Commercial Hazards Committee, to the Medical Director for advice. It will be the responsibility of the Medical Director to consult with the Legal Department if the inquiry is of a non-routine nature. Where it apnears to the Sales Manager that any outside inquiries involve possible claims against the Corporation, he will also refer themshnraediately and directly to the Legal Department for advice on handling. The Medical Director and the Legal Department will keep the Commercial Hazards Committee informed as to all such inquiries. V. Provisions as to Interim Communications Relating to Hazardotis Products. The Corporation finds it necessary from time to time to conduct tests and investigations concerning the possibility of hazards involved in the use, handling or sale of chemicals or other products. This may occur when new or changed products are under consideration, when complaints are received from customers or others regarding hazards or injuries, or if injuries occur within the Corporation, As research and testing work is perforinsd in the above situations, interim reports are written, often based on incomplete information and containing conclusions which will be modified as the studies progress. These reports occasionally result in a substantial amount of controversy expressed in correspondence which is rather generally circulated, This presents a serious legal hazard. In the event that claims or suits against the Corporation should later be brought involving the product in question, plaintiffs could asrvo subpoenas on the Corporation requiring the production of all dooumants bearing on such a situation, and statements regarding the hazardous nature of the product, even though incorrect, could be used against the Corporation. For these reasons, it is most desirable to keep interim reports and corre spondence on such subjects to a minimum and to avoid all general corre spondence relating to such matters. This is not intended to prevent or curtail the circulation of .final conclusions or determinations by the individuals made responsible therefor under the Organization Circular entitled "Commercial Hazards Committee and Authorities for Determination of Commercial Hazards,11 As an aid to achieving this result, the following precautions will be observed: 1, Written communications concerning hazards to person or property will be confined to the minimum absolutely neces sary, and will be in the form of confidential memoranda. Preferably, communications will be conducted orally whenever feasible. SEAY_HAMMETT002229 12/18/2014 09:20 2142767699 SGPBLAW PAGE 12/12 PROCEDURAL CIRCULAR October 12, 1956 --/+ Revised September 26 1962 2i Such communications as must be written will be confined to factual data end statements of their inevitable significance, end will omit all opinions or speculation. The latter will be communicated orally, 3* Such communications concerning hazards to person or property as are necessary will be issued by the department performing the work on which the report is based, and will be directed through channels to the Corporation's Medical Director and the Legal Department, and no other copy (except that of the issuing department) will be made. It will be the reaponsi~ bility of the Department Manager orally to advise and consult with interested members of other departments* A. Inquiries by Company Presidents and other interested parties as to the hazardous qualities of our products and re commended action thereon will ba directed only to the appropriate person, department or committee designated in the Organization Circular entitled " Commercial Hazards Committee and Authorities for Determination of Commercial Hazards." COPIES OF Executives, Department Heads, Plant Managers, District Managers CIRCULAR; and General Managers of Foreign Subsidiaries. President FT.-j ; m SEAY HAM METT002230