Tobacco Documents Online

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLL;::SIA CIRCUIT `.C:":J:1 ON SMOKING n:7'D HEALTH (ASH) , ) ) Petitioner ) ) Nos. 91-1037 ) 91-1038 THE OCCUPATIONAL SAFETY AND ) HEALTH ADMINISTRATION (OSHA) ) ) and ) ) UNITED STATES DEPARTMENT OF LABOR ) ) Respondents ) STATUS REPORT OF ACTION ON SMOKING AND HEALTH (ASH) ON. RELEVANT ONGOING AND PROPOSED ADMINISTRATIVE PROCEEDINGS Action on Smoking and Health (ASH) hereby submits this Status Report on relevant ongoinq and proposed administrative proceedings since the information contained herein may be of assistance to the Court in providing additional background information on developments relevant to these matters as follows: 1. The Court is at present considering Submissions of the Secretary of Labor responding to ASH's allegations of unreasonable delay in rulemaking to ban or limit tobacco smoking in the workplace, and ASH's Rep~y thereto, both filed pursuant to this Court's Order dated December 6, 1991. 2. The ongoing and proposed administrative proceedings described herein are relevant to the Submissions and Reply now before the Court, in indicating both the time frame and the extent of possible OSHA action or inaction and the next steps which ASH proposes to take to secure for American workers the

protection from the hazards of workplace tobacco smoke ~h_c^ is their right, and which it is within the power and duty of OSHA to provide. 3. The Occupational Safety and Health Administration (OSHA) issued a Request for Information (RFI) on "Occupational Exposure to Indoor Air Pollutants" [Docket No. H-1221 on September 20, 1991, as appears from the Federal Register 56 FR 47892-47897 of which a copy is attached. 4. Comments pursuant to the RIF were directed to be filed and postmarked on or before January 21, 1992, and ASH's Comments were filed on that day. It now appears, however, that the time for receipt of Cbmments has been extended by OSHA by a further 60 days. 5. ASH examined the "Issues on Which Comment is Required" and stressed the need for regulation of workplace smoking by OSHA because Passive Tobacco Smoke has been found to be a human carcinogen which causes lung and other cancers, and also causes heart attacks and other diseases with a total estimated death rate of 53,000 nonsmokers each year. A copy of ASH's Comments is attached, withqut the accompanying Exhibits (which can, however be supplied upon request). 6. ASH also commented upon the unsuitability of grouping in the RIF the major workplace hazard of tobacco smoke with comparatively trivial problems such as mold, new carpeting and dust mites. 7. ASH took the position that OSHA should initiate,

CERTIFICATE OF SERVICE I, Athena Mueller, hereby certify that copies of the enclosed Status Report, .,;ith copies of attachments, in Case Nos. 91-1037 and 91-1038 were today January 29, 1992 served by prepaid certified mail upon the persons s:hose names and addresses are listed below: (1) United States Department of Labor Frances Perkins Building, Room S2018 200 Constitution Avenue, NW Washington, DC 20210 (2) The Honorable Lynn Martin Secretary of Labor Frances Perkins Building, Room S2018 200 Constitution Avenue, NW Washington, DC 20210 (3) Occupational Safety and Health Administration (OSHA) Frances Perkins Building, Room S2315 200 Constitution Avenue, NW Washington, DC 20210 (4) The Honorable Dorothy Strunk Acting Assistant Secretary for Occupational Safety and Health '- Frances Perkins Building, Room S2315 200 Constitution Avenue, NW Washington, DC 20210 (5) The Honorable William P. Barr Attorney General of the United States Department of Justice Main Building, Room B327 10th and Constitution Avenue, NW Washington, DC 20530 k6) The Honorable Jay B. Stephens United States Attorney for the District of Columbia Judiciary Center Building - Fourth Floor 555 - 4th Street NW Washington, DC 20001 (7) Charles F. James, Esquire United States Department of Labor Office of the Solicitor 200 Constitution Avenue, NW Washington, DC 20210 Athena Mueller 2013 H Street NW Washington, DC 20006 (202) 659-4310 Attorney for Petitioner

3 without any further delay, a ruler..aking proceeding devoted solely to passive tobacco smoke (PTS); that the proposed rule should prohibit all smoking in rooms or areas where work is conducted; and that, if smoking is to be permitted at all in buildings where work is to be conducted, it must be confined to completely separate areas which are separately vented. 8. Because the OSHA timetable for processing the Comments received in response to the Request for Information has already been extended a further 60 days, and further delays may be envisaged, before meaningful action may 'be taken, ASH is preparing to file with OSHA, on or about February 26, 1992, two Petitions 'for Rulemaking, including one for regulation of passive tobacco smoke as a "potential occupational carcinogen" to which OSHA must make response within the prescribed period. January 29, 1992 Respectfully submitted, ACTION ON SMOKING AND HEALTH (ASH) By 44r,. rlb,,.~ Athena Mueller General Counsel Bar ID # 213314 2013 H Street, N.W. Washington, D.C. 20006 (202) 659-4310 Attorney for Petitioner