This citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days iescluding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the US. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be read in conjunction with this form.)

schedule vas not of sufficient frequency and pattern as to represent with reasonable accuracy the levels of employee exposure to airborne asbestos fibers:

29 CFR 1910.1001(j)(6)(i):

Complete and accurate records were not maintained of all medical examinations of employees engaged in occapations exposed to airborne levels of asbestos:

a) Dupont Repanno Plant - complete and accurate
records of medical exams given to the insulators
were not kept:

INSPECTION DATE:

7/6/78 - 3/23/79

INSPECTION SITE:

Repaimo Plant
Gibbstown, NJ

THE LAW REQUIRES that a copy of this
Citation be posted immediately in a promi
nent place at or nea. the location of the vio-
lation(s) cited below. The Citation must
remain posted until the violations cited be
low have been corrected, or for 3 working
days lexcluding weekends and Federal holi-
days) whichever is longer.

The penalty lies) insted below are based on these violations.

is citation describes violations of the Occupational Safety and Health Act of 1970.
bu mus: correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days
ecluding weekends and Federal holidays from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of
por Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be
din conjunction with this form)

EM NUMBER

ANDARD, REGULATION OR SECTION OF THE ACT VIOLATED;

DESCRIPTION

(1) The spirograss were inaccurate and incxplete
in the following areas: (a) three reproducible
traces were not obtained in the majority of the
cases, (b) the period of expiration was not con-
tinued for five seconds in sany subjects, (c) the
Motor" was not started in the spirometer at the
same time as the period of expiration, (d) the
tracings begin off the grid paper, (e) the tracings
are not smooth.

(2) Approximately 40% of the X-rays are clas-
sified as unacceptable by the International
Labor Office, University of Cincinnati standards;
either unreadable due to overexposeu ori
underexposed fila, or the subject's entire
chest area is not pictured.

29 CFR 1910.1001(j)(6)(ii):

Records of all medical examinations of ployees engaged in occupations exposed to airborne levels of Asbestos fibers were not made available to authorized persons:

a) DuPont Repaimo Plant medical records
of all crafts which removed asbestos insal-
ation were not provided to aathorized repre-
sentative of the Assistant Secretary of Labor
for Occupational Safety and Health.

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: ployment and a place of employment which were free from recognized azards cuasing or likely to cause death or serious physical harm ployees were not provided, in that the employer did not Jadequately correlate and evaluate the medical test results of caployees in accordance with standard medical practice, nor was apopriate action taken by the caployer regarding notification of the volved ployees concerning these results.

Specifically:

DATE BY WHICH
VIOLATION MUST
BE CORRECTED

PENALTIES

ARE DUE
WITHIN 15
DAYS OF
RECEIPT
OF THIS
NOTIFICATION
UNLESS
CONTESTED
(See enclosed
Booklet

This Section May
Be Detached
Before Posting

PENALTY

This citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days excluding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be read in conjunction with this form.)

PENALTIES

ARE DUE
WITHIN 15
DAYS OF
RECEIPT
OF THIS
NOTIFICATION
UNLESS
CONTESTED
(See enclosed
Booklet)

This Section May
Be Detached
Before Posting

PENALTY

Mr. FRANK. Thank you.

Let me say with regard to the injury questions, it has been my experience that trying to focus on more than one major point at a time in a hearing is more than we can deal with, so we simply-we weren't intending to say that there was no problem there, simply that that is a matter which we will look at separately. As we looked into this, the problem in the illness area seemed to us to be-

Mr. FRUMIN. Right.

Mr. FRANK [continuing]. So grave that we wanted to focus on it. I don't think what we intended was to pass judgment in one way or the other on the injury thing and no inferences should be drawn from what I think we said one way or the other.

With regard to the illness thing, I share the sense of the witnesses that it was a discouraging performance embarked on by the administration witnesses. What we got was uniformity that there is a terrible problem, but nobody really seems to be planning to do very much serious work on it. It is a business as usual approach to this kind of situation, and I said, it would be my intention for the committee report to be fairly specific here about things that ought to be done and it may even be that we need legislation.

One of the things I would like your view on is that we are going to continue to have this problem until somebody is given some very specific responsibility here. People have pieces of it and we can force them to do more of it, or we can try-but I am still

Mr. FRUMIN. I think the authority exists already. You don't have to amend the act to administer it properly and enforce it properly. It is not just that they are not doing anything. They are doing things. They are doing the wrong things. They are doing the bad things.

BLS proposes a quality assurance program that is a whitewash waiting for a painter. OSHA actively discourages

Mr. FRANK. The problem with the quality assurance program, in particular, didn't seem to me, as I read it, to have very much to do with the illness question at all. It had to do with

Mr. FRUMIN. It absolutely could. The point I am trying to make is that the studies that we have referred to in our testimony are studies which were based upon existing illness and injury data currently in the workplace, and a quality assurance program which takes that data seriously, as the act

Mr. FRANK. Let me focus just on illness.

Mr. FRUMIN. On the illness data, then.

Mr. FRANK. Your view is that there is now collected by employers illness-related data that is useful that is not now being taken into account?

Mr. FRUMIN. Table 1 to my testimony reprints a table from a 1984 study on injury and illness data from two auto manufacturing plants. Let's just take a look at that for a second.

Table 1 is after the references. It would be on page 13.

Mr. FRANK. Yes.

Mr. FRUMIN. It is not paginated.

Now, we have plant A and plant B that are both auto parts plants. Acute trauma, the first category listed, is for injuries. Cumulative trauma disorders are illnesses and that is the way they

would be categorized by OSHA and NIOSH or even the BLS. I afraid that Dr. Norwood would have to admit we do have a definition of "illnesses."

Mr. FRANK. She used it herself.

Mr. FRUMIN. Yes. Now, let's take a look. This is a 1984 report based upon a study that was, I am sure, done within the last 2

years.

These are not the number of but rather actual cases; it is the number of cases per hundred worker years. The incidence rate of these cumulative trauma disorders at plant A was .03 cases per hundred worker years. If you look at the medical cases, which was based on the plant medical files and are all from the existing data in the plant-it was 2.03. That is about a hundredfold increase.

If you look at plant B, the next column, the incidence rate based on the cases listed on the log was .15 cases per hundred worker years. If you look at the medical cases from the plant medical records, it was 13.98, also about a hundredfold increase.

Now, for injuries, which was acute trauma, the one above, the increase was about a fivefold increase in both plants. So the point I am getting at is, whether you are looking at injuries or illnesses, the gap is greater for illnesses, obviously, than for injuries, but for either one, existing data in the plant shows you that if you look beyond the log, and if you look beyond the workers' compensation records and you send in a physician who knows how to look at a medical record and make some determination about what it says about the worker's health and whether their health problems are related to their work or caused by their work, we can find out a lot. But right now, the BLS and OSHA and NIOSH don't plan to do that.

Mr. FRANK. Thank you. The reference to medical cases would include, I would assume both those that were occupational and those that may not have been or is that

Mr. FRUMIN. No, no, this is only occupational illnesses they are talking about here.

Mr. FRANK. When they talk about "cumulative trauma disorders" here, "medical cases," that is only those that are caused bythat are occupationally caused?

Mr. FRUMIN. In the opinion of these investigators, yes.
Mr. FRANK. And the investigators are whom?

Mr. FRUMIN. This was the University of Michigan School of Public Health. They have done a lot of these studies. Let me talk to Mr. McKernan for a second.

The last time I was here, I talked to you about the workers' compensation problems in Maine at the Bass and the Health Tex Companies. The problems we have had there were exactly these types of disorders, cumulative trauma disorders, soft tissue injuries, and it is these types of injuries for which the chairman of CheeseboroPonds has been going around the State telling everybody that workers are being overcompensated: If only we could make the benefit structure in Maine comparable to what it is in Virginia and Alabama, then we wouldn't have this great differential and the workers in Maine wouldn't be getting a free ride.

Well, Dr. Fine, the author of this article, looked at a Health Tex plant in Virginia and he found-not from the plant medical