Matthew M. Swetonic of the Asbestos Information Association to Member Companies on Labeling Borderline Products (1972)

A four-page letter of July 12, 1972, from Matthew M. Swetonic, executive secretary of the Asbestos Information Association/North America (AIA/NA), to its member companies, environmental control subcommittee and legal counsel, among them H. M. Jackson of Johns-Manville and Dr. George W. Wright. It advises members how to decide which products need the new OSHA warning label, noting that OSHA planned to use "the list of non-locked-in products submitted by Dr. Fred Pundsack of J-M" as its criteria. For borderline products, the options it lists include "Label it and be on the safe side" and "Do not label it and hope OSHA doesn't question your decision."

What it shows

Swetonic argued that a label on asbestos-cement pipe "would alarm all those handling the product, when only one man has a potential excess exposure." A company that chose not to label should keep test results "in readiness in case an OSHA inspector questions your decision," and could show good faith by sending customers an instruction sheet instead. He asked to be told of any company's decision to label a product not on the list, so that "a uniform position" could be kept across the industry, and advised against asking OSHA: "Almost assuredly they will tell you to label any border line product, and that decision will become binding for the rest of the industry as well." The list came from Pundsack's testimony and letter.

In Johns-Manville's chronology

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

Letter from Matthew M. Swetonic (Executive Secretary, Asbestos Information Association of North America, dated 7/12/72, attaching a list of "non-locked-in asbestos-containing products," prepared by Fred Pundsack and approved by OSHA as asbestos containing products requiring a warning label. Swetonic offers guidelines on the labeling of "borderline" products. States that industry must be consistent on labeling practices. Offers suggestions on how to deal with OSHA regarding labeling and advises not to ask OSHA if certain "borderline" products should be labeled, because, most assuredly, they will tell you to label them.