D. H. Smuul to B. L. Kotyuk on Delays in Protective Clothing at the Manville Plant (1977)

Two J-M memos. On October 18, 1976, Dr. Paul Kotin told all corporate officers and division general managers that J-M would furnish head covering, full body covering and safety shoes, laundered at plant expense, and two lockers each to all employees who handled raw fiber, worked on the process line, or did maintenance in an asbestos-using plant, with the policy in force by April 1, 1977. On May 11, 1977, D. H. Smuul at the Manville plant sent B. L. Kotyuk a sarcastic "plan of action for compliance": "To delay the issuance of protective clothing and hair covering to our employees so they may accumulate asbestos dust on their clothing and in their hair as is so evident in the attached photographs." He asked, "What do you suppose an OSHA inspector would say to this condition much less Dr. P. Kotin or Dr. G. Wright?" and ended, "We have delayed much much too long."

What it shows

Kotin's memo gave the reason for the change: medical reports had indicated that "wives who launder their husbands' clothing which may contain asbestos fibers have developed asbestos-related diseases," and "no employee should inadvertently bring home asbestos fibers and needlessly expose his wife or children." He expected the policy also to "aid in the reduction and defense of liability claims arising from family exposure." Seven months later, by Smuul's account, the Manville plant had not yet issued the clothing.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

In a 5/11/77 memorandum from D.H. Smuul (Manville) to B.L. Kotyuk, the need to comply with Dr. Kotin's request in a memorandum dated 10/18/76 requiring protective clothing for employees who regularly handle raw asbestos is discussed. Photographs are included allegedly showing employees with asbestos dust on their clothing. Smuul rhetorically asks "What do you suppose an OSHA inspector would say to this condition much less Dr. Kotin or Dr. G. Wright?"