Document wg7YqJLodggE757GejyOw147E

FILENAME: Flintkote (FLK) DATE: 1972 June 12 DOC#: FLK040 DOCUMENT DESCRIPTION: Memo RE Agenda for AIA Meeting June 22 1 PLAINTIFFS EXHIBIT Asbestos Information Association/North America 22 East 40th Strwt New York, N. Y. 10016 (212) 661*6206 June 12, 1972 TOl AIA/NA MEMBER COMPANIES AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE AIA/NA LEGAL COUNSEL James Armstrong - Bendix Corporation E. C. Bratt - H. K. Porter Company, Inc. G. G. Gabrielson, Jr. - Nicolet Industries, Inc. Bernard Gross - American Bilt Rite Rubber Company J. C. Harkins, Jr. - Congoleum Industries Inc. A. R. Hooker - The Flintkote Company C. A. Neumann - Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company J. W. Rawlings - Union Carbide Corporation Clifford Seymour - The Carborundum Company Philip Weinstein - Evertex Incorporated G. W. Wright, M.D. - St. Luke's Hospital Gentlemen: On June 22, 1972, a special meeting of the Asbestos Information Association/North America will be held in the Biddle Room of the Harvard Club, 27 West 44th Street, New York City. The meeting will begin at 10 A.M. and will continue through lunch. The purpose of the meeting is to discuss future industry action with regard to the new Federal Occupational Safety and Health Administration (OSHA) standards on asbestos. Because of the generally reasonable regulations issued by OSHA and the 1976 effective date of the two fiber standard, the asbestos industry may be lured into a false sense of security and consider the OSHA battle to be over. This would be a most serious error to make. If we are to convince OSHA that the two fiber standard and other unfavorable sections of the regulations must be changed, then we must begin now to develop the medical, technical and economic evidence necessary to prove our point. In the introduction to the regulations on page 11318 of the Federal Register, it states: Spool** by A tlu JU M ito t Co . Cment A ib e n i* *"oqucu Co . C*nanvte*o JfOtw m C m ' Co . GAF C o rf.. Jorvo-kianvilH C o rf.. MooomoI Gyptum Co . Corp. *3 AyottOMniwcin. u*. "In view of the undisputed grave consequences from exposure to asbestos fibers, it is essential that the exposure be regulated now, on the basis of the best evidence availabel now, even though it may not be as good as scientifically desirable. An asbestos standard can be revaluated in the light of the results of ongoing studies, and future studies, but cannot wait for them. Lives of employees are at stake." The regulations can be changed, but it is up to the industry to prove to OSHA that changes are necessary and what those changes should be. It is desirable, therefore, for the AIA/NA to monitor ongoing studies and to encourage and support additional studies as are needed to: 1. Determine as precisely as possible over the next four years a safe numerical standard for the various asbestos-related diseases. While much has been accomplished in this area in the past, _ additional studies are needed. 2. Determine whether one or more varieties of asbestos is more or less hazardous than any other variety. 3. Determine through on-the-job evaluation the technological feasibility of achieving both five and two fibers throughout the industry. 4. Determine the actual cost to the industry in both dollars and jobs of achieving two and five fibers. 5. Determine the degree of reliability of the membrane filter method as a policing and moni toring tool in the asbestos industry. A proposal for an AIA/NA sponsored study in this area is presently under consideration. 6. Develop other evidence as required to establish the necessity of additional changes in the regulations as deemed desirable by the industry. In addition to the above, other topics to be covered at the June 22 meeting will include: a. The overall effect on the industry of the new standards. -More u / b. Programs of assistance for industry companies and customers to help them comply with the regulations. c. The establishment of a cooperative working relationship with OSHA with regard to the implementation and interpretation of the standards. d. The advisability of legal action by the AIA/NA against OSHA, especially in light of (1) the four year effective date of the two fiber standard, (2) the favorable decisions by OSHA on most other industry recommendations (see attached two page summary of OSHA acceptance of industry v.s N10SH and Advisory Committee recommendations), (3) the high cost ($300-500,000) of such a suit, (4 ) the slim possibility of success, according to AIA/NA legal counsel, and (5) the adverse effect that such a suit would have on our working relationship with OSHA. _ With regard to point c. above, the AIA/NA is presently in the process of arranging a meeting with representatives from the standards development and enforcement sections of OSHA to resolve some questions with regard to the interpretation of certain sections of the regulations. If your company has any questions of this nature, please let me know as soon as possible so that they may be included on the agenda for our meeting with OSHA. It is the AIA/NA*s intention to establish a continuing program of uniform standards interpretation with OSHA, so that industry questions and problems may be resolved at the highest levels in Washington, rather than through OSHA regional offices, which may differ in their standards interpretation and enforcement practices from one region to another. Because of the relatively short time remaining before the June 22 meeting, we would appreciate hearing from you as soon as possible whether you or a representative will be able to attend this most important AIA/NA planning meeting. Sincerely, ^7. 7)1>^ U ) $ 3 7 U jC M. M. Swetonic Executive Secretary Enclosure AIA/NA MEMBER COMPANIES George Barge H. R. Brown / J. . Christian A. H. Fay / W. E. Gatewood J. H. Marsh c . G. Morgan J. L. Rainey Kurt Schwar* F. J. Solon, Jr E. W. Swain s. 0. Weaver Paul' Weiner ve : a i a /na e n v i r o n m e n t a l E. M. Fenner Ike Weaver Frank Zimmerman E.J. Killian c o n t r o l s u b -c o m m i t t e e AIA/NA LEGAL COUNSEL Bradley Walla K * o '$1?. uy\ ^ A * V *N. Subject 1. Numerical Standard 2 Labeling 3. Honitoring Frequency h. Protective Clothin 3. '.irate Disposal o jij.. < ry-'L '.'lo.'.i q i: . . j . i y x i i Industry Position 1110.1!1/Advi3.~>ry Co-viittee Recoin laudation Five fillers /ith no automatic reduction to two fillers. Five fibers with rui automatic reduction to two fibers in two years. F i n a l OSHa S t ndorl Five fibers with an auto reduction to two fibers i four years. No label on locked--in asbestos containing products, The v/ordG "cancer" or "danger" should not be used on labels. All nsbosto3-containing products should be labeled. Label should carry words "cancer" and "danger." No label on locked-in ash containing products. Word "cancer" and "danger" wiJ not be U3cd. Monitoring should be conducted at a frequency necessary to assure ccnplijince with the environmental st.uidards. Management should decide frequency. Annual monitoring r.t stations below T/A. 'Quarterly monitoring ut stations above Tl/A. ADVIJOdY COiailTT.aJ: Twice- yearly moultnrin; at stations below Via. Loathly monitoring at stations above T/A. Monitoring every six moot at stations above TdA. Monitoring at other sl m at i frequency to assure compliance with environ,., : standards. Management to dccido frequency. i.o protective clothing required below 5-11) times n1 Sit\ # Only wastes that generate dust in e::cess of limits o i'. b ' '* \ V . . NIOgll: Protective clothing required in all areas above limit. ;Jj/I .OA'I CCiJIITV Id: Ho protective clothing below lO tineo V I all w i.ste should \,o bag ;od. Protective clothing requi, only where peak exposures above linit (10 fibers) occur. Only wastes t'i*>t- goier.to dust in e::e< of Ji .its :iiist bo 1) , 1. Subject Industry i'w.ition o. /requency of Medical Sxaninations 7. Medical Surveillance :I::ans every I.uo y.-.Mu for workers with lean than 10 years o:c;x::;ure. IIran:; every year for ./orl.ars with .tore than 10 yearn exposure, or with syriptons of disease. Hriployer should "provide or rvd:e available" nodical exana ao required. 8. Medical Records Snployer sliall naintain records and have acoess to then as required to conply with regulations. 9. Wearing of Respirators No specific reconmendntionn !/ ,dv\. r C . ; , ,>iittec Hocoii>v- t i e r hit HI: Sane as industry position. Advisory Coi y.iittee : >ojk? as industry position. .'i ''' 0 > it !K;.ri' <i*oiual exams required of oil employees cxpcceo to asbccto3 dust, reeardleso of length of employment. IJIOSII: llo specific roconmenda- tioa. Advisory Com.1d.tt0a: Employee should select physician to perform exam. employer to pay cost of oxnm. Sane as industry position IIICell: No specific recommenda tion. Advisory Committee: Employer shall not maintain records nor have access to them. Sane as industry position III03JI: llo specific roccnmendation. Advisory Committee: No employee shall be required to wear a respirator if he has any of a loni; list of symptoms of* (litiCflnfie Miysician selected by enployer to conduct nedicul surveillance pi'ogr<u.i shall decide if employee can or cannot wear respirator.