Dr. Paul Kotin to C. G. Linke on Hank Moreno's 1972 OSHA Testimony (1979)

A two-page memo of June 12, 1979, from Dr. Paul Kotin to C. G. Linke of J-M's public relations staff, copied to chairman John A. McKinney and others, reviewing testimony that J-M executive Hank Moreno gave on the OSHA standard for asbestos in March 1972, which Congressman Miller had asked to see. Moreno said he first visited the Manville plant in 1949 and "we were unaware of specific health hazards" then. Kotin points out that "Johns-Manville paid compensation for asbestos-related disease prior to 1949," and that he and McKinney had both told Congressional committees "that industry did know about asbestosis as an asbestos-related disease prior to 1949."

What it shows

Kotin expected the obvious question: "since industry was aware of the risk to asbestosis why did it take almost 20 years to clean up Manville," from the "high visibility of dust" in 1949 to dust counts of 30 f/cc in 1967? He feared readers would assume that "no urgency was placed on developing controls prior to 1967," and asked whether "surplus" equipment Moreno said was sold to a company in India was really machinery discarded for poor dust control, in which case J-M "may be criticized for 'exporting' a hazard." He called the testimony one more case where industry said a standard was unfeasible and would cost jobs: "Yet none of these proves to be true after the standard is established." Moreno's testimony is in the 1972 hearing record.

In Johns-Manville's chronology

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

In a memorandum by Paul Kotin, M.D. to C. Linke, 6/12/79, Kotin comments on the testimony given by Hank Moreno in March, 1972, on the OSHA standard for asbestos. Moreno's statements conflict with testimony to Congressional committees given by McKinney and Kotin. Moreno's testimony states that Manville was unaware of the asbestosis hazard in 1949 in the Manville, N.J. plant. McKinney and Kotin both testified that "industry did know about asbestosis as an asbestos-related disease prior to 1949."
Kotin goes on to show inaccuracies in Moreno's statements on engineering controls put into effect at the Manville plant to protect the workers from asbestos diseases. Kotin states:

"I am afraid that the assumption will be made that despite knowledge that workers directly involved with asbestos manufacturing were at risk to, and were in fact developing asbestosis, no urgency was placed on developing controls prior to 1967."

Kotin further concludes that the testimony is "one more instance where industry has taken the position" that a proposed standard is economically and technologically infeasible. That a standard would create unemployment, and make a "potential tragedy from unavailability of a particular product. Yet none of these prove to be true after the standard is established."