I am sure that there is no one here who would wish to increase the margin of safety in our dust standards so far beyond the point at which employee health is adequately protected that, as a consequence, we deprive of their means of livelihood the very persons whom we are trying to benefit. This would be an action foolish as it is absurd.
In summary, then, the proposed regulation could have a very serious adverse impact on my company, an impact which cannot be justified by any demonstrable benefit to our employees, to the employees of our customers, or to the general public.
Achieving a standard of [5 fibers] will cost millions of dollars and cause a significant number of American jobs to be shifted to foreign workers. Requiring a more stringent standard and requiring unnecessarily frightening labels can have a catastrophic effects on the very people OSHA’s and the industry are attempting to protect, without really solving the human problem.
With no scientifically credible evidence to prove the need for such a low standard of 2 fibers per cc, it would be nothing less than complete social irresponsibility [to issue this standard].
At this time we have no figures on the two fiver fiber level, if it can be in fact accomplished. These costs may keep us from being able to operate, but if they didn’t, labeling, as proposed, would surely put us out of business anyway.
To do more would constitute an unreasonable use of the police power and would result in an unjustifiable deprivation of property....without fair compensation.
If these label requirements are adopted in their proposed form, they will in our opinion destroy large amounts of the industry and eliminate thousands of jobs. and they will do this without any significant evidence that the proposed types of labels are necessary.
Past experience would indicate that in a sizable number of operations it will be impossible to reduce the levels to two fibers, no matter how much money is spent. In these cases, the operations obviously would have to be shut down and the men thrown out of work. We have a very rough idea at this time how large a segment of the manufacturing industry would be affected ion this manner, but an estimate of perhaps 15% to 20% seems reasonable.
Such a label would surely spell the demise of a number of major product lines of the industry....there is no doubt that our competitors will attempt to take advantage of the situation by encouraging the public to avoid asbestos-containing products because of the potential health hazards implied in the warning label, even though to the customer no such hazard exists.
The proposed regulations would also produce a loss in sales of at least $400 million because of the labeling requirements and the shut down of operations where two fibers [are] technologically unfeasible. A number of companies have already indicated that they do not believe a two-fiber standard is feasible in many operations, and that if such a standard is promulgated, they will close down those operations immediately rather than spend millions of dollars in a vain attempt to achieve the unachievable. The loss of jobs will be substantial.
