Document wr12a20Le0qKB3BMVBvYVkZ5o

FILE NAME: Westinghouse (WH) DATE: 1976 Oct 20 DOC#: WH052 DOCUMENT DESCRIPTION: Memo RE Industrial Hygiene - Legal Statement with Response RE Results of Air Samples at Various Locations  5=3 fe! SI L> u L=-J m Oi From : W IN Date : S u b je c t: Accident Prevention 236-2163 October 20, 1976 Industrial Hygiene - Legal Statement 0 TO : Hr. William H. Ziefel, Manager Industrial Hygiene St Safety Gateway cc: Hr. W. Bickerstaff, E&D 1|01 3r9 Hr. D. R. Hiestand, U-G-15 We are now conducting air samples of employes whose work atmosphere contains airborne concentrations of asbestos* These samples are sent to Headquarters Industrial Hygiene Department for evaluation and when the results are transmitted back to East Pittsburgh, the correspondence contains a legal statement. The statement mentions that the Headquarters Industrial Hygiene employe is acting as an agent of the Law Department and that the survey is to be treated as a "Confidential Legal Document." (See copy of such correspondence and legal statement attached.) The O.S.H.A. law now requires that air samples be taken and in some instances the results given to the employes* In other cases the employe questions the air in the work environment, air samples are taken and the employe requests the results of the survey. The legal statement has appeared on all correspondence that ire receive from Headquarters Industrial Hygiene, and I am told that if we allow the employes to review the correspondence, then the confidential status is legally deleted. In addition, the employes know the air samples or Industrial Hygiene surveys are performed, and if needed, they could possibly subpoena this information. We are mandated by law to furnish the results of the air samples to the employes and the results from Headquarters Industrial Hygiene are to be treated as a "Confidential Legal Document." I would U f a to know (a) If you feel that Headquarters Industrial Hygiene should continue to use this legal statement on all corres pondence (b) If it is continued to be used, how do we communicate with the employes and still maintain the legal status of the corres pondence as a "Confidential Legal Document." This legal statement has concerned me for sane time and I would like your assistance in this matter. HMBB-0037 U> C un F O R M 3504X /ck Attachment Ivitwi I s= fei @ in i or 1ST *.. -Jk Westinghouse Electric Corporation fff ^ H t|l H fg ifh r K. airn ti'Uf^v^oownt C r f * `ttfUftflllflfl t'itt^twipfti'W'.tiMfta tVW 1? 63**. October IS, 1976 E A S T PITTSBURGH Accident Prevention, AGIO ATTN: G. T. Brad; Attached arc the results of air samples taken at various locstlons on various dates by several people. Please note that one of the samples is lust under the Federal (OSHA) limit of 2 fibers/millillter; a pre vious sample (I,H. t 5101) of the same operation showed a result of 2.2. Note also that two of the samples had to he rejected; one because the sample had been tampered with, the other Tor excessive dust load. Please advise the appropriate people of these results. of further assistance, please let us know. If we may he John F. Adams, Industrial Hygiene Engineer C o r p o r a t e Industrial Hygiene Laboratory car Attachment LEGAL STATEMENT - Administering and assuring the compliance of Westinghouse's plants with the Occupational Safety and Health Act la a duty of the Uestinghouse Headquarters Law Department and the Industrial Hygiene A Safety Department. To successfully complete this mission, plants must be Inspected to determine their present status in relationship to said Act. As these Inspections ara routine and time-consuming tasks, they must, of necessity, be delegated to other individuals, as agents of the Law Department. Such persons are acting as agents of the Law Department; and therefore, the survey Is to be treated as a CONFIDENTIAL LEGAL DOCUMENT. HWBB-0037676