Document z2EJKk4Vbay930n33KjQGKJ3

Hovember 28. 1972 Hr. .J. B. Kelly Bendix Corporation 1217 S. Walnut Street South Bend, Indiana 46621 Dear Jack: This concerns our discussion conceruing labeling requirements where brake Hn1ngs are being sb.ipped to customers. In attempting to determine what practice one must use, OSBA has stated that if cue is meeting the spirit of ita regulations it will not be cited fer violations. As a result of this, it becomes necessary to interpret some of the OSBA regulations. l am enclosing with tb.i.s letter copies of letters written by the Executive Secretary for the Asbestos Information Association (Al..A/NA). You will note ou these reports that Mr. Armsr:roug, from &endix corporate headquarters, attended these meetings. There is absolutely no question concerning the requirements for labeling where loose asbestos is being shipped. The big problem develops where members are shipping what the AlA and OSBA refer to as locked in asbestos products - brake linings, brake blocks, clutch facings, etc. W'nen customers of youre drill liuings, chamfer linings, cut liuings, or grind linings, they may very we.ll raise the asbestos concentrations in the atmosphere to above the OSB.A standard.. Some lllf!llbers have indicated that the drilling and grindiug operations are problem areu in brake lining factories with existing emaust systems. Therefore, if a customer of yours started drilling or grinding without having proper dust collectors, be would probibly be in vtrnation of the OSB.A standard. lt therefore becomes your responsib:ility, as the supplier of the brake lining, to wa.;rn the customer of tbi.s possibility. The form which the warning takes is stUl not defi,mte but the best guidance seems to be if you ueet the spirit of the regulations you will not be cited for a violation. Therefore., ~-z you ual:di:.~ put in every one of your skid&, or cartons, or pallets, a warning notice to the effect: ..PCJrJer tools without dust collectors shoald not be used for mac:bintug, cutting, or sanding this product.n If a notice such as this were enclosed with every carton, or stenciled ou the outside of the carton, it u likely that you would be meeting the spirit of the regulations. f you were to write your customer aad tell him about this with every shipment made, you would probably be also meeting the spirit of the regulations. If you send a one time letter to your customer saying this, it is hard to say whether you would be meetingzfte sririt of the regulations. PFMSf OC:20 !o'.r J E.. Kall y Bendix Corporation -2- November 28, 1972 .. I am enclosing a copy of the warning label suggested. in the OSBA regulatiollS where loose asbestos fibers are being shipped. and the "Instruction Sheet" uggested where a customer ill to do further macbil'liDs em clut.ch fac:iuga, brake. l.iniDg, etc. I hope thi11 is enough i.uformation for you. Dave Stone attended our most recent asbestos Study Committee Meeting where tbe aubject of labeling was brou~t up. lour Mr. Armst:rong is aware of some of the controversy concerning labeling. The current survey indicates that no members are ntxl lahe.ling shipme.nts. A slight majority of those responding to date indicate that they i.Dterpret the OSBA regulations to require cme kind of a warning where. subsequent work is to be done on brake linings. '1'his is controversial item fer tbe Institute in that some members feel that one or tva companies are trying to railroad them into labeling. Another group of companies feel that ve should comply with the spirit of the law now and it is not fair if they do the prop~ labeling and their c~etition does not. Sincerely, FRICTION HA:rElU.ALS S'rANDABDS INS'tl'I atE EWD:llz Enc.. E. W. Drialaue Executive. Director