OSHA Matter Project Review of Johns-Manville Citations (1977)

An unsigned, undated report titled "OSHA Matter Project Review," written in November 1977 for J-M's legal department on its OSHA cases. As of November 15, 1977, the one pending case was Long Beach Citation No. 2, Item 1, for failing to cover and seal asbestos waste in a refuse container, the plant's second such violation. Visiting during the week of November 6, the writer found the violation "clearly ongoing," with the dumpster and dust house "clearly open and uncovered," though he had been assured it was fixed, and he doubted J-M could win the hearing set for November 23.

What it shows

The report also lists recently closed cases: a vinyl chloride labeling citation at the Jackson plant in Tennessee, withdrawn; 1976 citations at Long Beach, including failure to prevent harmful exposure to asbestos dust, settled with a $790 penalty; 15 non-serious citations at Woodstock, Virginia ($40); and a California special order on health surveillance at Lompoc, which J-M contested.

In Johns-Manville's chronology

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

In a memorandum dated 11/18/77 and entitled OSHA Matter Project Review, the unknown author states that the legal department has only one OSHA case currently pending entitled Long Beach Citation No. 2, Item 1. This citation involves the failure of the Long Beach plant to properly cover and seal asbestos waste maintained in the refuge container. The author states that during his visit on 11/6/77, he observed the plant first hand. Much to his dismay, the violation in question was clearly ongoing. The particular dumpster and dust house operations were clearly opened and uncovered. At the bottom of page 1, the author states that based upon the existing situation at Long Beach, and the fact that this is the second citation for this same offense it is doubtful that Manville will be able to prevail at the forthcoming hearing.