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SHOOK, I IARDY& BACON P C. REPORT ON RECENT ETS AND IAQ DEVELOPMENTS February 19, 1993 SHB

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN!THE UNITED STATES REGULATORY AND LEGISIATIVE MATTERS •• OSHA is petitioned by the Public Citizen Health Research Group to issue an emer- genry ETS workplace standard, p. 1. •• Secretary of Labor files motion to dismiss latest ASH petition, p. 1. • Senate will consider a bill aimed toward streamlining EPA risk reduction procedures, p. 2. •• PRO-KIDS companion bill introduced in the House, p. 2. ETS-RELATED LITIGATION AGAINST CIGAREITE MANUFACTURERS • Latest activities in Blanchard Broin and Butkr •, p. 13. • Harju is dismissed, p. 7. LEGAL ISSUES AND DEVELOPMENTS • • Workers' compensation experts predict increase in ETS claims in wake of EPA Risk Assessment, p. 8. • Lobbyist threatens to sue under ADA if smoking not banned, p. 8. SCIENTIFICITECHNIGAL ITEMS • "Environmental Tobacco Smoke in Com- mercial Aircraft," p. 9. •"Smoking Policies of Licensed Child Day- Care Centers in the United States," p. 9. OTHER DEVELOPMENTS •• Employers reconsider policy options in wake of EPA Risk Assessment on ETS, p. 9. +• Life insurance carrier to offer discounts to those who work in a smoke-free environ- ment, p. 10. ISSUE 41 • • Restaurateurs explore options following EPA Risk Assessment on ETS, p. 10. MEDIA COVERAGE ••"Something New to Chew Over in the Oval Office," p. 12. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISIATIVE MATTERS • Activity in Canada, China, Hong Kong, Israel, Norway, Sweden and the U.K, beginning on p. 12. LEGAL ISSUES AND DEVELOPMENTs • Australian family law experts predict lawsuits against smoking parents, p. 14. • Smoker fined in the Netherlands challenges smoking ban, p. 14. SCIEN'I7FIC/TECHNICAL ITEMS •"The Heart: A Target Organ for Cigarette Smoking," p.15. "Drug Consumption During the First 18 Months of Life of Infants from Smoking and Non-smoking Families," p. 15. OTHER DEVELOPMENTS • European Community finances sick build- ing syndrome project, p. 16. MEDIA COVERAGE •• U.K artides report smoking bans in the U.S. are imminent, p. 18. * Discussions throughout this Report that bear this symbol contain information about events and activities related to the EPA Risk Assessment on ETS.

- TABLE OF CONTENTS - Issue 41 February 19, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTBRS U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [1] # PubGc Interest Group Requests Emergency ETS Standard ................................................... 1 [2) *lISH v. Deparanens ofLabor. Secretary of Labor Asks Court to [3] Dismiss Petition for Review .................................................................................................... . I OSHA Reform Bill Expected to be Introduced at Any Time ................................................... 1 [4] # CIAQ Members Discuss OSHA and EPA Efforts Related to ETS at Most Recent Meeting ............................................ I U.S. ENVIRONMENTAL PROTECTION AGENC.'Y (EPA) [5] Bil1 Introduced to Streamline EPA Risk Reduction Proeedures ................................................2 CONGRESS [6] • Companion PRO-KIDS Legislation is Introduced in the House .......................................... 2 ASHRAH (7) • SSPC 62 Activities at ASHRAE's Winter Meeting ............................................................... 3 CALIFORNIA EPA [8] Cal-EPA Issues Request for Information on ETS .....................................................................3 [9] Amendments Proposed to Proposition 65 ................................................................................3 STATE AND LOCAL GOYERNMENTS [10] Privacy Legislation .................................................................................................... ...............4 [11] ETS-Related State and Local Legislative Activities ...................................................................4 [12) IAQ-Related State and Loml Legislative Activities ...................................................................6 ETS-REIATED LTTIGATION AGAINST CIGARE"ITE MANUFACTURERS [13) Blancha.ok Argument on Motions is Set for March 3 ...............................................................6 [14] Broin: Defendants are Granted Extension to File Brief .............................................................7 [15] # Burler. Plaintiff Serves Deposition Notices on Wholesalers ...................................................7 [16] NarjrG Plaintifl's Claims are Dismissed ....................................................................................7 LEGAL ISSUES AND DEVELOPMENTS [17] * Workers' Comp Experts Predict Increase in ETS Claims ......................................................8 (18] "Smokers' Rights Legislation: Should the State'Butt Out' of the Workplace?" T.W. Scvlco (Student Author), 33 Boston Co/kge L Rev. 879 (1992) ......................................8 [19] # Lobbyist Threatens ADA Lawsuit Against I egislature .......................................................... 8 SCIENTIFIC/TECHNICAL ITEMS UPaOMING MEETINGS (20] "Lliability and Compliance in Indoor Air Quality; MidAtlantic Environmental Hygiene Resource Center, Philadelphia. Pennsylvania. April 1. 1993 ......................................9 ETS FxpOSURE AND MONTPORING [21] 'Passive Smoking and Tobacco Chewing Among Alaska Children: Measuring Saliva Cotinine; R.A. Etzel. D.B. Jones, C.M. Schlife, J.R Lyke, F.W. Spierto, and J.P. Middaugh,loranalofSrnoksrtgRelaud Diaorderr3(2): 161-165. 1992 [See Appendix A] ............................................................................................9 [22] "Subchronic Inhalation Study in Rats Using Aged and Diluted Sidestrrara Smoke from a Reference Cigarette." C.R.E. Coggins, P.H. Ayres, A.T. Mosberg. J.W. SagzrtZ, and A.W. Hayes. Inha/arson Taacicu4W 5: 77-96. 1993 [See Appendix A] ................................9 [23] 'Environmental Tobacco Smoke in CommercialAircraft." Dj. Eatough, F.M. Caka, J. Crawford, S. Braithwaite. LD. Hansen, and E.A. Lewis, ArnrofpherrcEnvironrnens26A(12): 2211-2218. 1992 [See Appendix A] ..................................9 SMOtaNG POUCES AND RELATED ISSUES [24] "Smoking Policies of Licensed Child Day-Care Centers in thc United States," D.E. Nelson, J.J. Sacks, and D.G. Addis, Padiatria 91(2): 460-463.1993 [See Appendix A] ....... 9

Contents Continued, Issue 41 OTHER DEVELOPMENTS [25] * EPA Risk Assessment on ETS Expected to Impact Employer Smoking Policies ....................9 [26] * Life Insurance Firm Offers Discount to Smoke-Free Workplaces ....................................... 1O [27] * Nation's Restaurateurs Face New Concerns in Wake of EPA Risk Assessment on ETS ...... 10 (28] * California Restaurant Chain Implements Smoking Ban ..................................................... 10 [29] Restaurant Chain Claims Smoking Ban Has Not Harmed Business ...................................... 10 (30] Nonsmokers Rights Group Presses for Smoke-free Nightclubs .............................................. 10 (31] -0 Restaurant Guide Prepared in Response to EPA Risk Assessmeni on ETS .......................... 11 (32] ASH Issues National Survey on Smoking and Health ............................................................11 (33] * High School Students Close Teachers' Smoking Lounge .................................................... 11 [34] West Virginia Poll .................................................................................................... .............11 MEDIA COVERAGE [35] "Q and A," Real Estate Desk, The New York Tinter. February 7. 1993 ................................... 11 [36] * "Something New to Chew Over in the Oval Office," R Emmett Tyrrell, Jr., The tY/asbingron Times„ February 7, 1993 ............................................................................... 12 [37] Perfume Ban Sparks Controversy in San Francisco ................................................................12 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS CANADA (38] 0 Durham Regional Council Seeks Public Input on Smoking Bylaw ..................................... 12 CH INA (39) Government to Consider Extending Smoking Ban ................................................................12 HONG KONG [40] ETS Health Wamings Now Required on Tobacco Products ................................................. 12 ISRAEL NORWAY [41] Smoking Restrictions to be Introduced by Health Minister ................................................... 13 [42] Government Offices in Oslo Adopt Smoking Ban .................................................................13 SWEDEN [43] Smoking Legislation Introduced ............................................................................................13 [44] Stockholm Politicians Consider Restaurant Smoking Ban ..................................................... 13 UNITED KINGDOM [45] Workplace Smoking Control Bill Introduced ........................................................................13 [4G] Smoking Ban Imposed in Health Care Facilities ....................................................................13 [47] Fines Threatened if Voluntary Smoking Bans are not Introduoed .......................................... 13 LEGAL ISSUES AND DEVELOPMENTS AusTRwA [48] Experts Warn of Legal Action Against Smoking Parents ........................................................ 14 THE NEI'HERIANDS [49] Netherlands Smoker Fined in June Challenges Smoking Ban ................................................ 14 NEv ZEAur1D [50] Legal Aid Submission Filed on Behalf of Tobacco Companies ............................................... 14 UNITED KINGDOM [51] Settlement in ETS Case Provokes Widespread Interest .......................................................... 14 [52] ETS "Victim" Hotline Set Up ...............................................................................................14

Contents Continued, Issue 41 SCIENTIFICITECHNICAL ITEMS UPCOMING MFETtNG [531 "Indoor Air Quality and Respiratory Disease," London. England, April 14. 1993 .................15 CARDtovASCULUt ISSUES [54] "The Hean: A Target Organ for Cigarette Smoking " A. Leone, Journal ofSinoEing-Relaud Disorders 3(3): 197-201, 1992 (See Appendix A] ......................... 15 RFSPIRATORY DISFASFS AND CONDITIONS - CHIIDRSN [55] "Drug Consumption During the First 18 Months of Life of Infants from Smoking and Non-smoking Families; A. Hakansson and C: Petersson. B.itirh Jarrsrio! of Gene.al l'yacsice 42: 362-365, 1992 [See Appendix A] ................................ 15 OTHER HFAI.TH ISSUFS [56] "Risk Factors for Atrial Septal Defect," J. Tikkanen and O.P. Heinonen, Faanpean Jorrnal ofEpidtmiology 8(4): 509-515, 1992 [See Appendix A] .............................. 15 OTHER DEVELOPMENTS AvsrRALlw [57] * Shopping Centre to Introduce Smoking Ban ......................................................................15 CANADA ................................................................1 [58] Antismoking Activist Pickets McDonald's ............. CZECHOSLOVAIOA [59] WHO Recommends Smoking Bans to Protect Nonsmokers ................................................. 1 EUROPFAN CAMMIlN17Y [60) EC Finances Sick Building Syndrome Project ........................................................................16 JAPAN [61] Railway Company Adopts Smoking Restrictions ...................................................................16 [62] Antismoking Group Marks Anniversary ................................................................................17 SOUTH AFRIG [63] StitEFines Face Smokers Who Light Up on Public Buses ...................................................... 17 UNITFD KINGDOM [64] Booklet on Indoor Air Quality Attacks ETS ..........................................................................17 (65] Government Funded Project Launches Antismoking Initiatives ............................................. 17 [66] Hospital Announces Intent to Discriminate Against Smokets ................................................ 17 [67] Survey of Doctors Shows Lack of Advice to Patients About ETS ........................................... 17 [68] Supermarket Giant Will Impose Smoking Ban ......................................................................18 [69],Newspaper Promotes Anti-Smoking Campaign .....................................................................18 [70] Teletext Viewers Favor Workplace Smoking Bans .................................................................18 [71] Predictions of Voluntary Workplace Smoking Bans Follow Settlement in Veronica Bland Case .................................................................................................... .....18 [72] ASH Claims More Employers Move to Ban Smoking ........................................................... 18 [73] Major Suburban Rail System Bans Smoking ..........................................................................18 MEDIA COVERAGE CANADA [74] "For Rent: Healthy Building; D. Jones, The Financial Posb January 23, 1993 ..................... 18 UNITED KINGDOM [75] * Financial Tinma Articks Report Smoking Ban Regulations in U.S. are Imminent .............. 18 [76] "Passive Smoking Dsrtgers?," Yarelry d Diseries Courier, January 20. 1993 ........................... 19 [77] 'Health Fascists Try to Stub Me Out," J. di Giovanni, Sunday Tisxm January 31. 1993 ...... 19 APPENDIX A .................................................................................................... ................................................ Articles APPENDIX B .................................................................................................... .................................. CALEPA Letter APPENDIX C .................................................................................................... .............................................U.K. Bill

FEBRUARY 19, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U. S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [1] • Public Interest Group Requests Emergency ETS Standard In a letter dated February 5, 1993, the Public Citizen Health Research Group petitioned OSHA to "immedi- ately promulgate an Emergency Temporary Standard to protect workers from [ETS] exposure." Citing the EPA Risk Assessment on ETS, the letter states there is now "widespread acceptance" that ezposureconstitutes a significant health hazard. If OSHA does not issue an emergency temporary standard, Public Citizen will "seriously consider" legal action against the Depart- ment of Labor, according to the letter. The author of the letter was the research group's director Sidney Wolfe. Public Citizen reportedly petitioned OSHA in May 1987 for similar action. See BNA Daily Labor Rcport, February 9,1993. [2] • ASH v. Dcpartment oflabor. Secretary of Labor Asks Court to Dismiss Petition for Review On February 8,1993, Secretary of Labor Robert Reich filed a motion to dismiss the petition for review filed by ASH in December 1992 in the District of Columbia Circuit Court of Appeals. See issue 39 of this Report, January 22, 1993. The Secretary challenges ASH's petition by asserting that OSHA "has not made a final determination concerning the regulation of ETS and continues actively to consider the regulatory action sought by ASH." The Secretary contends that because there is no final agency action to review, the court lacks jurisdic- tion in the matter. In the memorandum supporting the motion to dismiss, the Secretary refers to the 17,000 pages of material received in response to OSHA's Request for Information on indoor air, which is currently under review, and to former Labor Secretary Lynn Martin's directive to "commence rulemaking to address the hazards of occupational exposure to secondhand smoke," issued six days after the January 7 release of the EPA Risk Assessment on ETS. Stt issue 39 of this Report, January 22, 1993. The memorandum notes that OSHA is preparing a report on the regulatory options available for the new Secretary of Labor and states that "Secretary Reich has requested that the report be completed as expeditiously as possible." ASHv. Depan»rent ofLabor, No. 92-1661 (U.S. Court ofAppeals, D.C. Circuit) (filed December 22, 1992). [3] OSHA Reform Bill Expected to be Introduced at Any Time According to published press reports, proponents of OSHA reform legislation are optimistic of passage in the 103d Congress and expect a bill to be introduced in mid- to late February. AFL-CIO representatives say they will push for quick action on the measure. The new bill may be very similar to the OSHA Reform Act introduced in the 102d Congress. That bill passed the labor committees in both chambers of Congress but did not reach the floor of either the House or Senate. The Clinton administration reportedly agrees in principle with OSHA reform legislation. See Daily Labor Repor; February 11, 1993; BNA Washingmn Insider, February 3, 1993. Interagency Committee on Indoor Air Quality (CIAQ) [4] • CIAQ Members Discuss OSHA and EPA Efforts Related to ETS at Most Recent Meeting CIAQ members discussed the release of the EPA Risk Assessment on ETS and OSHA's directive to com-

2 mence rulemaking on ETS at their quarterly meeting on January 21, 1993. Robert Axelrad, director of EPA's Indoor Air Divi- sion, reportedly said at the meeting that EPA's post- risk assessment plans include (i) releasing a brochure and policy guide on ETS, (ii) arranging for outside groups to help spread information about ETS, and (iii) spreading information about ETS internationally. Although the risk assessment apparently will not be published in the Ftderal Register, a data summary will: be entered into EPA's Integrated Risk Information System (IRIS). EPA officials also reported the following: • The Indoor Air Quality Clearinghouse received 1,900 calls the week the ETS risk assessment was released and was continuing to receive more than 1,000 calls per week. In its first three months of operation, the dearinghouse reportedly received more than 5,000 inquiries, many of them dealing with carpet emissions, and distributed more than 3,000 copies of the 1988 document entitled '°The Inside Story, A Guide to Indoor Air Quality." • The agency has formed an inter-office Indoor Air Cluster charged with developing an EPA wide strategy for indoor air. • EPA staff expects federal indoor air legislation to be reintroduced but are uncertain how the bill will fare. An OSHA deputy director, Frank Frodyma, report- edly told the members that OSHA's staff had recom- mended separating ETS from the Request for Informa- tion on indoor air more than a month prior to former Labor Secretary Lynn Martin's February 13 directive to "commence rulemaking to address the hazards of occupational exposure to secondhand smoke." See issue 39 of this Report, January 22, 1993. Frodyma added that OSHA was still deciding whether to seek U.S. Supreme Court review of the Eleventh Circuit opinion vacating the agency's rule setting permissible exposure limits on some 428 indoor air contaminants. See issue 35 of this Report, November 20, 1992. CIAQ is an interagency committee co-chaired by EPA and OSHA. ETSLLAQREPORT, ISSUE 41 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [5] Bill Introduced to Streamline EPA Risk Reduc- tion Procedures A bill has been introduced in the Senate that would coordinate the development and implementation of environmental policies at EPA. S. I 10 was introduced in January 1993 by New York Senator Patrick Moynihan (D). Among other things, the bill would establish "guide- lines to ensure consistency and technical quality in risk assessments.° The measure also would create a Com- mittee on Relative Risks, which would rank the relative risks of environmental problems, and a Committee on Environmental Benefits, which would estimate the quantitative benefits of reducing particular risks. Both committees would be independent from the EPA Science Advisory Board. CONGRESS [6] • Companion PRO-KIDS Legislation is Intro- duced in the House On February 2, 1993, Representative Richard J. Durbin (D-111.) introduced the companion bill to the PRO-KIDS legislation that is currently pending before the Senate (S. 261). Although listed in the Congra- sional Rtcord as a companion to S. 261 only, the House measure also incorporates the Senate's PRO-FEDS bill (S. 262). For more information about the Senate bills, see issue 40 of this Report, February 5, 1993. Co-sponsored by 16 Congressmen, H.R 710, like its Senate counterpart, would require federally-funded programs for children under the age of 18 to prohibit smoking in any portion of any indoor facility providing services to children that is not separately ventilated. The EPA would be authorized to promulgate guide- lines for instituting the nonsmoking policy. The House measure would require the imposition of the same smoking policy in every building or other structure owned or leased for use by a federal agency of the executive, legislative and judicial branches. H.R. 710 also contains the PRO-FEDS sections requiring the EPA Administrator to establish an "Environmental

FEBRUARY 19, 1993 Tobacco Smoke Advisory Office" with a director within the Office of Radiation and Indoor Air. The remarks made by Representative Durbin at the time the bill was introduced made reference to the EPA Risk Assessment on ETS. The bill has been referred to the House Committee on Energy and Commerce. ASHRAE [7] • SSPC 62 Activities at ASHRAE's Winter Meeting ETS reportedly was discussed in a number of contexts during the most recent general committee and subcom- mittee meetings of Standing Standards Project Com- mittee 62 (SSPC 62), which is charged with revising ASHRAE Ventilation Standard 62-1989. Some members of the Subcommittee on Source Control and Air Cleaning, citing the EPA Risk Assess- ment on ETS, suggested that the revised ASHRAE ventilation standard should treat ETS as an additional contaminant source requiring additional proteccion/ removal equipment. One member asserted that 15 cfm/person is adequate for occupants' physiological needs and that ETS should be considered an "addi- tional load." That would be a departure from existing Standard 62-1989, which generally calls for uniform prescribed ventilation rates without regard to whether smoking is allowed. Meanwhile, the Health and Comfort Subcommittee discussed whether the revised ventilation standard should deal specifically with ETS. The subcommittee reportedly decided that the issue of ETS should be left to EPA and OSHA. A recurring topic for discussion was the extent to which the ASHRAE ventilation standard should address health issues. Although SSPC 62 Chair Gene Tucker said he preferred a health-based standard, other members of the committee said they felt a health-based standard would be inappropriate and would unneces- sarily lead to liability concerns for those involved in designing and constructing buildings. During the meeting of the general SSPC 62 commit- tee, Ole Fanger of the Technical University of Den- mark reported on a number of projects, including human chamber studies he is conducting on ETS, an 3 ongoing attempt to identify pollution source strengths in selected buildings in eight European countries, and the development of the European Ventilation Guide- lines. According to Fanger, the European guidelines will include three levels of comfort: A. B and C. Fanger compared these levels to automobiles ranging from a Cadillac to a subcompact. Under the guidelines, Fanger said, Europeans will be asked to decide on the quality of IAQ for which they are willing to pay. The above meetings were held on or about January 24, 1993, during the ASHRAE winter meeting in Chicago. The next meeting of SSPC 62 is scheduled for June 27, 1993, in Denver, Colorado. CA1.IFORNIA EPA [8] Cal-EPA Issues Request for Information on ETS On January 28, 1993, the California Environmental Protection Agency issued a Request for Information on ETS. A copy of the form letter used to make the request is attached as Appendix B. The letter says the information generated by the request will be used by the agency's Office of Environ- mental Health Hazard Assessment to evaluate the alleged health effects of ETS. Although the scope of the evaluation is not discussed, a specific request is made for "information on ETS exposure and cancer, repro- duaive/developmental toxicity, and cardiovascular and respiratory effects." Attached to the letter is a bibliography of literature accumulated by Cal-EPA prior to issuing the request. The subject headings for the bibliography are sudden infant death syndrome, neuropshycological and physical development in children, respiratory health effects, otitis media, peri-natal effects, exposure assessment, cancers, and animal experiments. The publication dates for the literature in the bibliography reportedly range from 1968 to early 1992. The letter asks that information be submitted by March 15, 1993. [9] Amendments Proposed to Proposition 65 The required warning for ETS exposure would be expanded to indude "birth defects" and "other repro- ductive harm" under draft amendments to the Proposi-

4 tion 65 warning regulations released by Cal-EPA on January 28, 1993. The draft amendments would require the following warning: "WARNING: This facility permits smoking, and tobacco smoke is known [to the State of California] to cause cancer. Cenain componenu of tobacco smoke are knoum [to the State of CaliforniaJ to cause birth defecas or other reproductive harm." The first sentence is identical to the existing warning. The second sentence, which is shown above in italics, is new. The language in brackets is optional. A workshop will be held on the dtaft amendments on February 25 in Sacramento. Written comments may be submitted until March 1. If a decision is made to move ahead with the amendments, the state must issue a formal proposed regulation for public comment. STATE AND LOCGIL GOVERNMENTS [10] Privacy Legislation The term "privacy legislation" refers to state statutes which protect workers who smoke off the job or, more generally, use legal products or engage in legal activities outside the workplace. • Alaska A bill that would prohibit employers from discriminating against individuals who use legal products in a legal manner outside the workplace was introduced on January 27,1993, and sent to the Senate Committee on Labor and Commerce. On February 3,1993, the bill was reported from the committee without recommendation. See S.B. 69,18th Legislature - lst Reg. Sess. (1993). A House version of the bill'was previously introduced on January 15,1993. • Hawaii A bill relating to fair employment practices provides that employers cannot prohibit legal activities as a condition of employment. The bill was introduced January 27,1993, and sent to the Senate Committees on Education, Labor and Employment, and Judidary. SerS.B. 1360,17th Legislative Session -1st Reg. Sess. (1993). • North Dakota A Senate bill was introduced on January 18, 1993, that would revise state policy against discrimination regard- ETSIrAQREPORT, ISSUE 41 ing participation in any lawful activity off an employer's premises during nonworking hours and to specify lawful activity which is not in direct conflict with the essential interests of the employer. The bill also limits the amount of damages to be awarded when an action is brought for discrimination. On February 8, 1993, the Senate adopted an amendment as recom- mended by the Senate Committee on Judiciary. See S.B. 2367, 53d Legislative Assembly - 1st Reg. Sess. (1993). • Washington A Senate bill was introduced on January 27, 1993, that prohibits employer discrimination for the consumption of lawful products off premises by employees during nonworking hours. It also allows employers to have insurance policies in effect that make distinctions for type of coverage based upon employees' consumption of lawful products. The bill has been sent to the Committee on Commerce and Labor. See S.B. 1365, 53d Legislature - Reg. Sess: (1993). (11] ETS=Related State and Local Legislative Activities • * California Smoking would be banned in state-owned or leased property under, a bill introduced in the State Assembly on February 2, 1993. Introduced by Assemblyperson Jackie Speier (D-South San Francisco), the ban also would repeal a law that allows state departments to adopt their own smoking policies. The bill would not preempt local laws that provide more stringent require- ments. The bill was sent to the Committee on Con- sumer Protection on February 11. SeeA.B. 291, Reg. Sess. (1993-94). According to a press report, Speier pointed to the EPA Risk Assessment on ETS in support of the bill. Similar bills introduced last session were reportedly voted down in committee. See BNA California - Saf ty and Health Report, February 15, 1993. • Hawaii A bill that would require the Department of Human Services to establish rules prohibiting smoking in family child care homes was introduced in the House on January 22, 1993. Under the measure, providers of family child care homes would be able to designate certain rooms in their homes where smoking is permit- ted, provided the rooms are off-limits to the children under their care. See H.B. 432, 17th Legislative Session -1st Reg. Sess. (1993). A second bill, introduced in the

FEBRUARY 19,1993 Senate on January 22, 1993, would prohibit smoking in all group child care homes, group child care centers, and family child care homes during their hours of operation. See S.B. 831, 17th Legislative Session - 1st Reg. Sess. (1993). On January 22, 1993, a bill relating to smoking in restaurants was introduced in the House that would prohibit smoking in certainplace.c open to the public. The measure was sent to the House Com- mittees on Health, Economic Development and Business Concerns, and Judiciary. Ste H.B. 601, 17th Legislative Session -1st Reg. Sess. (1993). A bill introduced on January 21, 1993, provides that each employer in the state shall adopt, implement, and maintain a written smoking policy containing a provision that if any nonsmoking employee objects to the employer about smoke in the employee's work- place, the employer shall attempt to reach a reasonable accommodation. See S.B. 256, 17th Legislative Session - 1st Reg. Sess. (1993). • * Kentucky According to a news report, Governor Brereton Jones (D) signed an emergency regulation on January 27, 1993, that restricts smoking in state-owned buildings and others occupied by state workers. The smoking policy covers Kentucky's 35,000 permanent state employees, as well as seasonal and temporary workers, according to Bonnie Howell, executive director of management and fiscal affairs. Howell reportedly said that the policy is a response, in part, to the EPA Risk Assessment on ETS, as well as theAmericans with Disabilities Act (ADA). Kentucky apparently has had two complaints under the ADA and Howell reportedly says, "We really had no choice but to ban smoking where these people work." She further daims more ADA ao: ommoda tion requests relating to ETS seem likely. The new policy seeks to accommodate the needs of smokers and nonsmokers and, to the extent feasible, provide a designated smoking area in each state building. Agency heads will have the responsibility of establishing smoking areas. Smoking will be allowed only in marked areas in public portions of state facilities. A private office may be designated as a smoking area if ventilation devices designed to remove smoke are installed and if smoking does not occur when nonsmokers are present. See Government Em- ployee Relations Report, February 1, 1993. 5 • * Local Governments in Massachusetts On February 8, 1993, Boston City Councilor Charles Yancey reportedly says he will introduce an ordinance that would require Boston businesses to have a smok- ing policy respecting the rights of both smokers and nonsmokers. If no common ground is found among employees, the ordinance would ban smoking in the workplace. The proposed ordinance would apparently not affect restaurants, bars or at-home workplaces. Yancey is quoted as saying that tobacco use is "`increas- inglydangerous and life-threatening,'" citing the EPA Risk Assessment on ETS. A similar ordinance failed in 1991, but Yancey says due to the ETS risk assessment, there is increased support for the ordinance this time. Massachusetts is reported to be the only state in New England that does not have a law protecting nonsmok- ers from ETS in the private sector. See The Boston Globe, February 9, 1993. • * Minnesota According to a newspaper article, the House Rules and Legislative Committee passed a rule that would immediately prohibit smoking in all public places of thrState Office Building, including the cafeteria and lounges. Smoking would be allowed in private offices until May 31, 1993, at which time a total ban would be instituted. The rule now goes to the full House, where it is expected to pass. The committee chairman, Representative Alan Welle (DFL-Willmer), reportedly told the committee that it didn't have much choice in the matter. "With the Environmental ProtectionAgenry's recent ruling that second-hand smoke can cause lung cancer in nonsmok- ers, there might be the potential for lawsuits if the rule isn't passed,'" he is quoted as saying. Approximately 50 state workers and legislators had apparently presented Welle with a petition calling for the ban. The committee explored the possibility of creating a smoking lounge with special ventilation equipment, but it was reported to have been too expen- sive. See Star Tribune (Minneapolis), February 14,1993. • New York The Assembly has passed a bill that would apply smoking prohibitions to transportation facilities used by pupils regardless of their presence or absence on such facilities. The bill has been sent to the Senate Committee on Education. SeeA.B. 727, 215th General Assembly - 1st Reg. Sess. (1993).