Dr. T. H. Davison to J. Mell and F. Chapman on Dr. Gaensler's Examination Program at Billerica (1971)

A one-page confidential memo of May 7, 1971, from Dr. Thomas H. Davison, J-M's corporate medical director, to J. Mell and F. Chapman at the Billerica, Massachusetts, plant, copied to five headquarters managers including H. M. Jackson and C. L. Sheckler. Davison approves the protocol and cost of a periodic physical examination program for Billerica workers to be run by Dr. Edward A. Gaensler of Boston University, and asks that it begin as soon as possible. Under company policy and "in conformity with the Occupational Safety & Health Act of 1970," the plant physician, Dr. Woo, would counsel employees with positive findings.

What it shows

Davison told Gaensler that the examinations were to be treated "as any other medical consultation requested and paid for by the company," so patient releases were not needed, and that requests for results from workers' attorneys or compensation boards "will be referred to the company for their appropriate action." Reports of positive findings to a worker's own doctor were "both appropriate and desirable." Billerica, where amosite was the main fiber, had the highest rate of X-ray findings of pneumoconiosis in Dr. Bristol's company-wide study (30%), and the memo shows J-M bringing in an outside lung specialist there while keeping control of who else would see the results.

In Johns-Manville's chronology

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

Dr. Davison enlists Dr. Edward A. Gaensler of the Boston University School of Medicine to develop a periodic physical examination program for the Billerica plant employees. Dr. Gaensler and his team are to conduct physical examinations at Boston University School of Medicine. Results of the patient's examinations are to be made available to the patient's own physician if he so requests. It is Dr. Davison's intention to have Dr. Woo (Billerica plant doctor) counsel all employees with positive findings as is determined by Dr. Gaensler's examination reports.

This is both to comply with the company policy now in existence and with the new Occupational Safety and Health Act of 1970. Requests from patients' lawyers or workers' compensation boards for medical information are to "be handled in a manner similar to that of any other medical consultation obtained by the company for employees."