Document x57KBmvym9vVN1ve1MMx4wEmJ

f 1 fun rTT,Tr-r-~r:- 1 INTERNAL CORRESPONDENCE -- MINING AND METALS DIVISION A/P Prf<L 7-pflS * pUL----- ""____ Plaintiffs Exhibit S-UC-118 270 PARK AVENUE. NEW YORK; NEW YORK l3ff 5S r*(Ka) chhfM iMsfe* Mr. J. W. Rawlings Mining and Metals Division 38th Floor cwt* ^Mr. J. L. Myers &* . . Orfglaofiag P#pfc Annrs/fflg Uttr daft June 23,*1972 AIA Meeting June 22, X972 A copy of the agenda and handouts at the AIA meeting are attached for your reference. To deal first, however, with the subjects of major interest to ourselves, the provisions of the . OSHA regulations of June 7th concerning monitoring and medical examinations were interpreted the same way by all present, that is, these provisions apply wherever asbestos fibers are released' in any quantity,, in essence, every place where asbestos containing materials are used. No solutions were given for the problem and no suggested approach to customers. It is my understanding, apart from the AIA meeting, that we will probably apply to the Solicitor's Office of OSHA for relief at least from the spraying provision and hopefully for both monitoring and.medical provisions. . With regard to publicity, the AIA will respond to adverse publicity in magazines and newspapers but does not currently see any way to obtain favorable, or even balanced,' articles in the public press. I mentioned that we had received word that some OSHA inspectors have told people that they would ultimately have to get rid of asbestos without regard to the regulations. This surprised most of those present and Matt Swetonic indicated that if we would give him specifics, that is, names and places, that action can be taken via the Washington office of OSHA. I would appreciate it if any sales men receiving this kind of information from customers will attempt to get the name of the inspector and the place and time of the remarks. . The meeting itself was generally informative but nothing really new was forthcoming. It was noted at the beginning that the OSHA rules provide.for on-going studies and re-evaluation with a caution that under pressure from the unions as well as from industry the rules could go either way. EPA regulations have been delayed, as j < 000b Mr* J. W. Rawlings -2 - June 23, 1972 we knew, more for questions on mercury and beryliua than on asbestos but also by a jurisdictional dispute between EPA and the Bureau of Mines. Mention was made that the Dick Cavett show, facing a possible contract termination at the end of July, was looking for contro versial subjects and asked for industry participation along with Selikoff, et.al,' At the moment, industry won't play and Secretary Guenther has advised that he would not participate without equal participation by industry and opposition. It is hoped that the subject will be dropped. A copy of the Arthur D. Little study on economic impact of the regulations will be sent to members soon. The conclusions were basically that textiles are in trouble and that attainment of 2 fibers is excessively expensive. Along with the enclosed letter from A1A to the Wall Street Journal concerning the article of June 8th, Johns Manville has * wired the Journal and asked for.a review. The response from the Wall Street Journal management is that they are waiting for a letter from Johns Manville and will probably meet with JM and AIA. Newsweek proposed an article on asbestos and particularly JM plants. However, after top level contact with Newsweek, JM was assured that there will either be balanced coverage or no article will be forthcoming. With regard to OSHA standards, AFL/CIO has been exceedingly vocal in their objections. Theix~cri*ticrsmS are*: 1. Alleged collusion of OSHA and industry. 2. Not enough inspectors. 3. The 4 year delay in the 2 fiber standard. . While the second criticism is valid, as we know, more stringent regulations will obviously not remedy it. Note was made that A1 Hutchinson, President of the union most vocal, died recently of cancer with asbestosis. Needless to say, this will be made the subject of as much publicity as possible by the union. With regard to federal action, there is a possibility that employers with 25 or fewer employees may be exempt from OSHA Mr. J. W. Rawlings 3 -- June 23, 1972 regulations for one year. A bill to this effect has been passed by the House hut has not yet been passed by the Senate. Dr. Wright made note of the fact that the workmen's compensation rules in black lung do not require X-Ray confirmation but only 12 years . employment.. It is quite possible that asbestosis rules may be .written the same way. It was noted that Canada can be expected to follow U.S. regulation guidelines sooner or later. . A technical subcommittee for AIA will be set up to aid communication on such things as dust collection. Ed Fenner of JM. will chairman this^subcommittee. For example, he noted that in "their experience, `cotton sateen-silicon treated bags have given the best performance. , . The possibility of an industry request for a court review of ' the regulations has been discarded. The attomies feel there is little likelihood of any relief since there are 4 years before the 2 fiber level is applicable. While there is a possibility that the unions might ask for a court review, it is not regarded as likely* Citations by OSHA for excess airborne concentrations have been confusing. At Bendix, OSHA has backed off from citations of serious violations to citations of minor violations on concentrations of between 5 and 6 fibers and at JM, 5 separate violations of not wearing respirators when needed were lumped into one single serious violation. Dr. Wright discussed the needs for research with particular regard to: .. (a) mesothelioma occurrence in the public and in the industry and whether or not it is related to asbestos ' dosage or to the individual metabolism; . (b) occurrence of cancer, asbestosis and mesothelioma in manufacturing vs. mining and. vs. insulation workers, particularly with respect to: . ' 1. materials concerned, type of fiber, size of fibers, other substances present; and . 2. dosage -- average concentration, intermittent peaks, and electron microscope size fibers. . Mr. J. W. Rawlings -4- June 23, 1972 (c) some consideration is given to examination of lung texture to reflect the history of exposure but too little is known; ' (d) treatment as an alternative to abandonment. Dr. Wright will'be asked to advise the AIA members more specifically on research program needs. For example, they would like to find a manufacturing plant which has handled crysotile fibers only for a long period of time. * A legal subcommittee to be chairmaned by Paul Weiner of GAF will be formed to aid communication on` law suits, insurance settlements, etc. Specific recommendations were made by legal counsel that: - 1. OSHA regulations should not be mentioned in industrial labor contracts. 2. Inspection records are subject to subpoena. 3. If statements are taken by a compliance officer of OSHA with regard to a fatality, it is felt that an attorney should be present to assist the employee making the-statements. 4. A problem is foreseen in that credentials of a compliance officer appearing at the plant can be checked. However, the officer is entitled to bring with him a third party and there is no way to verify the reliability, or back ground of that third party. AIA will assist in obtaining answers to any questions of interpretation on the regulations. They will have contact with both Gerard Scannell, Department of Standards and Fred Bischoff, Depart ment of Compliance. . A study has been commissioned for about $6,000 to $8,000 to study the accuracy of the membrane filter method with particular reference to the experience of the microscopist making the count and the level of fiber concentrations. The AIA would like to receive any data available on the cost of installations and the effect on airborne concentrations in order to convince OSHA of the validity of the economics pv 8 Hr, J. W. Rawlings - 5- June 23, 1972 With regard to publicity, the AID will proceed to prepare booklets similar to those published in England and suggests regional seminars for customers. As mentioned earlier, there is no optimism and, 'in fact, no effort will be made to obtain articles in the public press. WNJ:mc Attachments A 10ogQ ATTENDEES . ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA MEETING . JUNE 22, 1972 NATIONAL GYPSUM COMPANY A. H. Fay-' Frank Zimmerman Paul Dumas ' -2?,'1 AMERICAN ASBESTOS-TEXTILE CORP. Michael Scanlan ATLAS ASBESTOS COMPANY . . George Barge CEMENT ASBESTOS PRODUCTS COMPANY S. D. Weaver CERTAIN-TEED PRODUCTS CORP. A1 Leff ' GAF CORPORATION Tom Dent Bill Fassuliotis Paul Weiner JOHNS-MANVILLE CORP. . F. J* Solon, Jr. W. F. Goodwin E. M. Fenner. NORTH AMERICAN ASBESTOS CORP. C. G. Morgan JIM WALTER CORP. (PANACON) Dayton Todd . RAYBESTOS-MANHATTAN ` J. H. Marsh I. H. Weaver - SUPRADUR MANUFACTURING CORP Kurt Schwarz . AIA/NA EXECUTIVE SECRETARY M. M. Swetonic * AIA/NA LEGAL COUNSEL . Bradley Walls . ST. LUKE'S HOSPITAL G. W. Wright, M.D. 'i COHGOLEUM INDUSTRIES John R. Stetson FLINTKOTE COMPANY ' A. R. Hooker KENTILE FLOORS INC. C. A. Neumann NICOLET INDUSTRIES INC. J. K. Whittaker H. K. PORTER COMPANY E. C. Bratt UNION CARBIDE CORP. ^ William Johnson AGENDA ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA SPECIAL MEETING THE BIDDLE ROOM -- THE HARVARD CLUB , NEW YORK CITY JUNE 22, 1972 I. INTRODUCTORY REMARKS A. H. FAY HH AIA/NA ACTIVITIES REPORT III, STATUS REPORTS ; 1. ' EPA Standards 2. Dick Cavett Show ' 3. Arthur D. Little Study 4. THE WALL STREET JOURNAL * 5. NEWSWEEK . * 6, New AIA/NA Office . * A* H. FAY M*. M. SWETONIC M. M. SWETONIC M-. M. SWETONIC F. J. SOLON, M. M. SWETONIC F. J. SOLON, JR M. M. SWETONIC IV, AIA/NA LEGAL SUB-COMMITTEE . V. REACTION TO OSHA STANDARDS 1. AFL-CIO Reaction a. Publicity b. Research ' -c c. Political Action d. Workmen*s Compensation 2. Canadian Government Reaction BRADLEY WALLS PAUL 'WEINER A. H. FAY ' M. M, SWETONIC J. H. MARSH M. M. SWETONIC M. M. SWETONIC GEORGE BARGE A'OlOi AGENDA-AIA/NA -2 * 3. Industry Reaction & Remaining * Major Problem Areas . a. Two Fiber Standard - . b. Membrane Filter Method -. c Other -. , .*i - * . VI. FUTURE INDUSTRY ACTION 1. Legal Action 2. Clarification, Interpretation & Implementation of Standards . 3. Research a* Medical b. Technical . c. Economic 4* Compliance Assistance Programs 5. Public Relations & Publicity JUNE 22, 1972 A. H. FAY * A. H. FAY BRADLEY WALLS M. M. SWETONIC M. M. SWETONIC A. H. FAY & M. M. SWETONIC M. M. SWETONIC A10 IQ?