Document ym98d62vgOrwyMZbn51qxaLo6

FILE NAME: Asbestos Information Association (AIA) DATE: 1972 June 12 DOC#: AIA104 DOCUMENT DESCRIPTION: Memo RE Meeting to Discuss Actions Regarding New OSHA Standard on Asbestos Asbestos Information Association/North America 22 East 40th Street New York, N. Y. 10016 (212) 661-6206 1 June 12, 1972 TO* 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: Spento* b , * 11 A * Ca .Cun*At Aeouctt C o - C.friW M<J rotwcu C jr j . fin :.,: Za OAf C o r,.. J0AA.-M0rr.1lt4 C o r,., noooao C ro to n Co.. **aocoa C o r,. M **woio*-MoiAMtn. uo. 1 PLAINTIFF'S 4 - 2- 1EXHIBIT ?:.Jk5S & -o "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 - 3- b. Program of assistance for industry companies and customer to help them comply with the OM' regulation. c. The establishment of a cooperative working relationship with OSKA 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 0S8A acceptance of industry V3 NIOSH and Advisory Committee recommendations), (3) the high cost ($300*500,000) of such a suit, (4) the slim possibility of success, according to AXA/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 AXA/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. Xf 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. Xt is the AXA/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 AXA/NA planning meeting. Sincerely, M. M. Swetonic Executive Secretary Enclosure t 1 a i a /n a m e m b e r c o m p a n i e s George Bar? H. R. Brown / j. o. Chri&eian A. H. F a y / w. E. Gatewood J. H. Marsh C. G. Morgan J . L . R a in e y Kurt Schwart F. J. Solon, Jr. . W. Swain S . D * Weaver Paul Weiner AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE E. M. Fenner Ike Weaver ^ Frank Zimmerman ' vc: E*J* Killian AIA/NA LEGAL COUNSEL Bradley Walls ` t* PLAINTIFFS EXHIBIT Subject 1 Numerical Standard 2. Labeling 3. Monitoring Frequency * *i. Protective Clothing % './rote Uiopoo.il -ill jf M e os;;., iXj:L.'-'lo.'. o>: ..v .i y 'o i Industry Position 11IO.S!1/Advisory _Covrilttee Recoil: ionJution Five fibers with no automatic reduction to two fibers. Five fibers with on automatic reduction to two fibers in two years. Final OSHa St: ndor! Five fibers with an auto reduction to two fibers j four years. No label on loeked-in asbestos containing products, 'itio words "cancer** or "danger" should not be used on labels. All nsbcsto3-contuining products should be labeled. Label should carry words "cancer" and ''danger." No label on locked-in a3ti containing products. '.Jortl "cancer1* and "danger" wil not be used. Monitoring should be conducted at a frequency necessary to assure compliance with the environmental 3t.mdurds. Management should decide frequency. I.'IO^I: Annual Monitoring at stations below T'/A. Quarterly monitoring ut stations above W A . AUVIdO.iY C0H1ITO31J Twiceyearly Monitor in.; at stations below Via. Monthly Monitoring at stations above *FIA. Monitoring every six nonI at stations above TdA. Monitoring nt other stati at i frequency to assure compliance with environ..! standards, IL'.nagsiaont to decide frequency. i.'o protective clothing required below $-10 times Only ifar.ios that generate dust in c::ce.~s oT li-iits r.VriV; b > -;ei`,. UIOoll: Protective clothing required in all arena nbovu l i m i t . .iiv ix ;.:': c c u : i W i ; : No protective clothing below 10 tinea V.:,.. I All w i.ite r.-iiu? >i wc ba;j ;ed. Protective clothing requii only where peak exposures above U n i t (10 fibers) occur. Only wastes l!io|. go.ier*to dust in e::cr.*n of li ills r i i i r . l b e l> . Subject o* /requency of Iledical Sxanlnations Inductrv ''sitien lirniui cvi*i*y tuo ya.M-a for workers with less than 10 yoaro exposure. U::ana every year for workers i:ith re than 10 year expocuret or with symptoms of dicease* j.'IC.!/..(lv\;rr/ C.:.mittec Hecoiy v- "('.-tien Hltlll; Samo :.c industry position* Advisory Cor *.iittee ; S:ui3 u3 imlu.;try position* Si '.-'' o;: . nt luV.rd Ammal txani require.! of all employees expoced to asboctoo dust regardless of length of employment* 7* Medical Surveillance Employer should "prvido or nuke available" nodical exnno as required* ItXOSIU Ho specific rocoiviendation. Advisory Conuntteat Enployee should select physician to perform emu. liaployer to pay cost of exam* Scno as industry position. 8* Medical Recorda Employer shall naintain records and have acoeso to then as required to comply with regulations. tJICSH: No specific recowndatian. Advisory Comnittee: Employer shall not naintain records nor have access to then* Sane as Industry position. 9* Wearing of Respirators Ho specific recommendations. IJI03H: Ho specific recommenda tion. Advisory Committee: No enployee shall be required to wear a respirator if he has any of a long list of Gynptoras of dii^cane* Physician selected by enployer to conduct nedical surveillance progr.uj shall decide if enployee can or cannot we; r respirator. PLAINTIFF'S EXHIBIT