Posted on October 31, 2023

The trustees of the New York City Fire and Police Pension Funds have called on OxyChem to discontinue imports of asbestos and to accelerate its transition towards non-asbestos technology. OxyChem is the last remaining member of the chlor-alkali industry that still imports asbestos to the U.S. The Police and Fire Pension Funds collectively hold $61 million worth of OxyChem stock. The request was made in a letter sent last month.

Asbestos is a known carcinogen, and there is no safe level of exposure. First responders, including the police officers and firefighters who bravely serve the city of New York, are particularly vulnerable to asbestos. Firefighters and first responders are twice as likely to contract mesothelioma, a fatal asbestos-caused disease. When asbestos is disturbed or damaged, such as during or after a fire, its particles can become airborne. This can result in the inhalation of these dangerous particles and exposure to potentially lethal health hazards. 

In September of 2023, the Asbestos Disease Awareness Organization released a report, 2023 Comprehensive Asbestos Report: The Analysis of Imports, Use, Impact on Human Health, and Current Regulations and Policy, highlighting important statistics and data, including information about the heightened risk firefighters and first responders have to asbestos. This report is mentioned in the letter to OxyChem. 

The risks of asbestos have been well-documented for decades. Asbestos exposure can cause various forms of cancer, including lung cancer and mesothelioma. Prolonged exposure to asbestos while in the line of duty has forced members of the Police and Fire Pension Funds to retire on accidental disability pensions. The consequences of asbestos exposure are devastating for individuals, their families; and communities. 

OxyChem is the only remaining asbestos importer in the United States. Their competitors in the chlor-alkali industry have already begun the transition to safer and more economical non-asbestos technology. In fact, Olin Corporation’s CEO recently voiced unequivocal support for the Alan Reinstein Ban Asbestos Now (ARBAN) Act, which would ban asbestos imports and use completely. The bill allows for a transition time for all companies to switch to other methods. OxyChem is the lone holdout in this small industry with its continued opposition to an asbestos phase-out.

In 2022 alone, OxyChem imported over 300 metric tons of chrysotile asbestos from Brazil and China. This asbestos is used in the company’s diaphragm cell, an option that is no longer necessary as safer and economically viable options have been embraced by other corporations in the United States and around the globe. 

On September 9, Olin CEO Scott Sutton sent ADAO a letter stating: Olin Corporation, one of the three remaining users of raw asbestos in the United States, writes to lend our support and formally endorse S.1069, the Alan Reinstein Ban Asbestos Now Act of 2023. As the leader in total U.S. and global chlorine production and the largest U.S. and global producer from the asbestos diaphragm process, we are supporting the end of the use of asbestos in our industry. 

While the EPA has been evaluating this issue under the Toxic Substances Control Act (TSCA) for the last 7 years, Olin supports a legislative solution that will ensure this issue is addressed without what may amount to another decade of legal challenges and administrative delays. Olin pledges to work closely with you and the Asbestos Disease Awareness Organization (ADAO) and will collaborate and coordinate our efforts to support this legislation and refine it as it moves through the legislative process.” …  Read the full letter here.

The letter from the Police and Fire Pension Funds highlights the moral imperative of ending asbestos imports and underlines the practical advantages of this decision. By transitioning away from asbestos, OxyChem can mitigate legal and regulatory risks, ensuring the company’s industrial chlorine production remains profitable, and making its facilities safer for its customers, employees, and the communities in which it operates.

As concerned citizens and advocates for public safety, we join Comptroller Brad Lander and the trustees of the New York City Fire Pension Fund and New York City Police Pension Fund in calling on Occidental Petroleum Corporation to prioritize the well-being of its workers, first responders, and the communities it serves. The time to end the import of asbestos is now. We urge OxyChem to not only stop the importation and use of asbestos but to join the diverse coalition of stakeholders who support ARBAN and are calling on Congress to ensure an asbestos-free future in the United States. 

You can read the full New York City Fire and Police Pension Funds letter to Occidental Petroleum Corporation from the Police and Fire Pension Funds here.

Linda Reinstein