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SHOOK,HARDY&BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS March 19, 1993 SHB

REPORT ON!RECENT ETS AND IAQ DEVELOPMENTS ISSUE 43. - IN THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS • EPA may release a final Workplace Smoking Policy Guide by mid-1993, p. 1. • EPA Administrator Carol Browner testifies in Congress about the agency's contracting practices, including the contract for the smoking policy guide, p. 1. • Three bills are introduced in Congress on IAQ and OSHA Reform, p. 2. • Summary of hearings held on the Traficant smoking ban bill begins on p. 2. ETS-RELITED LITIGATION1 AGAINST CIGARETTE MANUFACTURERS • Latest activities in Blanchard, Broin, Butler and Schrrltz, p. 5. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTtIRERS. • ETS exposure claims of flight attendant Carol Coy are under appeal, p. 6. • Connecticut Supreme Court orders school district to bargain on the issue of banning smoking, p. 7. LEGAL ISSUES AND DE1'ELOPMENTS. • ETS Risk Assessment predicted to have limited value in workplace suits, p. 8. • Newsday article talks about Butler and Coy, p. 8. • Richard Daynard says ADA is "most powerful tool for creating smokefree indoor environments," p. 8. MEDIA COVERAGE •"Airing Out the Issue: More Communities, Companies Join the Antismoking Band- wagon," p. 10. • PASS founder Joe LaMacchia is interviewed on NBC Today, p. 10. SCIENTIFIC/TECHNICAL ITEMS • Two upcoming meetings, p. 11. • "Commentary: Environmental Tobacco Smoke and Lung Cancer," p. 11. IN! EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATI\'E• MATTERS • Manufacturers of products causing death face execution in China, p. 12. • Amendments to the Finnish Tobacco Act are released for comment, p. 12. ETS-RELATE•D LITIGATION AGAINST CIGARETTE MANUFACTURERS • TIA v. AFCO opinions, p. 13. ETS/IAQ LITIGATION NOT INVOIVING CIGARETTE M,1NUF.lCTI'JRERS • Latest activity in Stewart v. State of Vrcroria: p. 14. LEGAL ISSUES AND DEVELOI'7,IC-NT: • In the United Kingdom, three law firms discuss workplace smoking policies, p. 14. OTHER DEVELOPMENTS • Finnish Employers' Confederation opposes statutory smoking bans, p. 15. • U.K. National No-Smoking Day activities, p. 16. MEDIA COVEILU',E " " OTHER DEVELOPMENTS The Fear that Faces Every Non-Smoker,' • 16 m ~ p. . (~3 • San Francisco International Airport lifts total smokin ban 9 C!1 • g , p. . ETS Risk citin olis bans smokin Minnea • Discussions throughout this Report that bear this G~T m g, g p Assessment, p. 9. symbol contain information about events and activities related to the EPA Risk Assessment on ETS. rA

- TABLE OF CONTENTS - Issue 43 March 19, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) (1] •EPA Officials Expect Policy Guide to be Released in Mid=1993 ............................................ 1 [2] Administrator Browner Testifies in Congress omEPA's Contract Management Practices ......... 1 [3] Inspector General Criticizes the Procurement of the Workplace Smoking Policy Guidc .......... I U.S. CONGRESS [4] Streamlined IAQ$ill Expected to be Introduced ....................................................................._' [5] •House Subcommittee Takes Testimony on Traficant Smoking Ban Bill ............................... 2 U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [6] OSHA Reform Legislarion Introduced in House and Senate ...................................................3 [7] Survey Results on Smoking Policy Announced ........................................................................3 STATE AND LOCAL GOVERNMENTS [8] Privacy Legislation .............................................................---.................................... .---........... 4, [9] ETS-Related State and'Local'LegislativeActiviries ...................................................................4' ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [10] Blnrrchard, Depositions on Venue Issue Scheduled .................................................................. ~ [11] Broitr: Briefing Completed on Petition for Certiorari ............................................................... 5 [12] But/rr: Case Remanded to State Court ..................................................................................... 6 [13] Schultz Cases .................................................................................................... ........................ 6 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS WORKPLACE: WORKERS' COMPENSATION [14) •ht rr CarolAnn Coy(California Workcrs' Compcnsation Appeal Btsard) [15] (filing date unknown) .................................................................................................... .......... C Wisconsin Workers' Compensation Cases (Newly Added to Wcstlaw Database) .....................6 WORKPLACE: DISABILITY DISCRIMINATION [16] Harmer v. Virginia Electric rmd Power Co. (U.S. District Court~ Eastern District Virl;inia. (6led March 10, 1993) ...............................................................................•-•--•--.--....... ....-......' WORKPLACE: COLLECTIVE BARGAINING [17] Locnl1786ofCouncilNo. 1.AFSC)NEn. StatrBonrdofLaliorRr/.itiont, No. 14502 (Connecticut Supreme Court) (decided Februan• 23, 1993) ...............--..---..... ------ WORKPLACE: 1AQ/SICK BUILDING SYNDROME [18] Wright v. McDonAd'r Corp., 1993 U.S. Dist. LEXIS 2635 [19] (U.S. District Court,Eastern District of Pennsylvania) (decidcd March 2. 1993) ..................... ti In re Voith 6'MacTavisli (Pennsylvania) ..................................................................................8 LEGAL ISSUES AND DEVELOPMENTS [20] •Labor Attorneys Question Value of EPA Risk Assessment in Workplace Litigation ............... ti [21] •"Burl Butler is Dying."' G. Kesslcr, Nrtutdiry; March 14, 1993 ...............................................5 [22] •"The Impact of the (ADA) on (ETS) Exposure Following the E• PA Reporr,'" R. Daynard. Tobacco on Triat;• February 25, 1992 ................................................................... ti OTHER DEVELOPMENTS [23] AirporrOpens °Smokers Only" Rooms ........................................................•-•---.................----`) [24] •Minneapolis Airport Bans Smoking ............................................ ........................................... 1) [25] •Lung Association Publishes New Pamphlet on ETS .............................................................. `I [26] •EPA Risk Assessment Factors in School Board Decision on Smoking .................................... `1 [27]~ Restaurant Association No Longer Oppose Regtdations ................. .......................................... 'I [28]! •Restaurant Association Officials Speak Out About Smoking Ban. .........................................`I [29]' •Food Store Chain Adopts Smoking Ban .............................................................................. 10 [30]': Organization Promotes Study of Multiple Chemical Sensitivity ............................................ 1 tl

Contents Continued, Issue 43 MEDIA COVERAGE [31] •"Airing out the Issue: More Communities, Companies Join the Antismoking Bandwagon," L. Matchan, The Boston Globe, February 28, 1993 ........................................... 10: [32] "Nonsmoking, Please," A. Wolf, The Philadtlpbia lnquirer,,February 26, 1993' ..................... 1{) [33] "Interview: Joe LaMacchia and Martha Fineman on Secondhand Smoke,"' NBC's Saturday Todty. March,13. 1993 ................................................................................ 1(1 SCIENTIFIC/TECHNICAL ITEMS UPCOMING MEETINGS [34] "The Risk Assessment Paradigm After Ten Years: Policy and Practice Then, Now, and in the Future," Wright-Patterson Air Force Base, Ohio, April 5-8. 1993' ............... 1 1 [35]' "Indoor Air '93: The Sixth International Conference on Indoor Air Quality and Climate," Helsinki, Finland„July 4-8, 1993 .................................................................... 11, LUNG CANCER [36] •"Commentary: Environmental Tobacco Smoke and Lung Cancer," C.W. Heath, The Lancer 341: 526, 1993 [See Appendix A] ................................................... 1 1 OTHER HEALTH ISSUES [37] "The Effect of Parental ISmoking on Outcome After Treatment for Glue G.ar in Children," A.R. Maw, A.J. Parker, G.N! lance, and M.G. Dilkes, Clitticn! Otolaryngologi, 17: 41 1-414, 1992 [See Appendix A] ................................................. 1 1 SMOKING POLICIES AND RELATED ISSUES [38] "Interaction of Public Policy Advocacy and Research in the Passage of New Zealand's Smokc-free Environments Act 1990." J. Carr-Grcgg. Addiction 88 (Supplement)t 35S-4I5;,1993 [See Appendix A] ............................................... 12 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA [39] New South Wales MP Introduces Bill to Prohibit Smoking .................................................. 12 [40] ACT Government's Agenda Includes Smoking Bans ............................................................. 12 CHINA [41] Manufacturers Face Execution for Products Causing Death .................................................. 1 2 FINIAND [42] Draft Bill on Tobacco and'Smoking Released ........................................................................,1' UNITED ARAB EMIRATES [43] Smoking Ban Adopted in Schools .................................... ...................................................... ,1 .1 UNITED KINGDOM [44] MP Vows to Introduce Smoking Ban Lcgislation ..................................................................,1 3 [45] Lincoln City Hall Goes Smoke Free ...................................................................................... 1 .i [46] Smoking Ban To Extend to County Officials in Exeter County Hall ..................................... 1.1 ' ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS AUSTRALIA [47] • Tobacco Institute ofAustrnli.r Ltd.' v. Australiau Fedtr.ttiou of Conrurnsr OrgnnisationsJrtc: (Full Fcderal Court, New South Wales District Registn•, Australia) (decided December 17, 1992, final judgment March, lO~ 1993) ............................. ,1.1 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [48j Scobell'o, RSL CGib(New South Wales) (filed 1993) .............................................................. 14 [49] Stewart v. State of Victorin„ 1992 No. 99207283 ~ (County Courrof Victoria, Melbourne) i (filed October 1992) ............................................... ,1-i O [50] Department ofOccr.potiotwlHenltla and Snftry v. Burswood Rrsorl (ALut,tXcrurnt) Lu/. ~ (Magistrate's Court, Perth) (filed December 1992) ................................................................ 14 ~ m 0

Contents Continued, Issue 43 LEGAL ISSUES AND DEVELOPMENTS UNITED KINGDOM [51] Solicicors Discuss Workplace Smoking Policies ...................................................................... 14 OTHER DEVELOPMENTS AusrxnLIA [52] Smokers Act to Overturn Clubhouse Smoking Ban ............................................................... 15 [53] Sports Groups Divide Over Smoking Policy .......................................................................... 15 FINLAND [54] Employers' Group Opposes Statutory Smoking Bans ............................................................ 1 5 ITALY [55] CDIT Publishes ETS Brochures ............................................................................................ 15 JAPAN. [561 Air Purification Systems Proliferate in Public Places .............................................................. 16 NETHERLANDS [57] Doctor Claims 200 Die From ETS Exposure Each Year ........................................................ ]6 UNITED KINGDOM [58] National No-Smoking Day Observed ...............................................................-•-.--..........----. 16. [59] Antismoking Activists Target London's Whitehall ................................................................. 16 MEDIA COVERAGE [60] "The Fear that Faces Every Nbn-Smoker." Birnunghnm Eveuing M.,iG February 1993 .......... 16 APPENDIX A .................................................................................................... .................................Article Sumntaric, APPENDIX B .................................................................................................... ................EPA Inspector General 1.etter APPENDIX C .................................................................................................... .......................•-.---. EPA Lctter to Blilc.-

MARCH 19, 1993 t REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [1] •EPA Officials Expect Policy Guide to be Released in Mid-1993 The EPA, which released a draft of its Workplace Smoking Policy Guide in 1990 along with the original draft Risk Assessment on ETS, reportedly expects to issue a final policy guide in mid-1993. Although the policy guide was originally slated for completion in conjunction with the risk assessment, then-EPA Administrator William Reilly reportedly decided to delay work on the policy guide to quell criticism from Congress and the tobacco industry that setting policy was premature prior to completion of research on the alleged health effects of ETS exposure. According to press reports, it is expected that the final policy guide will focus on building managers and employers responsible for instituting a smoking policy and will deliver the central message that ETS should be eliminated or limited in the workplace. A brochure on ETS exposure in the home and other nonoccupational settings has also been completed by the EPA, but is apparently still being reviewed within the agency. EPA Administrator Carol Browner will have to give final approval to the policy guide and brochure, although publication is dependent upon the appointment of the agency's assistant administrator for air and radiation. See BNA Toxics Law Daily, March 11, 1993. [2] Administrator Browner Testifies in Congress on EPA's Contract Management Practices In response to questions about the Inspector General's report on the EPA's Workplace Smoking Policy Guide contracty Administrator Carol Browner, testifying before the Subcommittee of the House Committee on Energy and Commerce, agreed that the manner in which the contract was issued constituted "sloppiness" and "inappro- priate behavior." According to Browner~ "nothing will be done" with respect to the policy guide until the Inspector General's investigation is completed. During her appearance before the subcommittee on March 10, 1993, Browner answered questions that focused upon contract mismanagement at the agenc<< under previous administrations. Representative Tho- mas Bliley, Jr. (R-Va.), who participated at the invita- tion of Chairman John Dingell (D-Mich.), raised specific questions about contracting improprieties with respect to the EPA's policy guide. Browner has reportedly pledged to take aggressive action to overhaul agency contracting practices in light of "widespread and deeply embedded" mismana~ement of extramural resources. See BNA National Fnr'iron- rnent Daily, March 12, 1993. [3] Inspector General Criticizes the Procurement of the Workplace Smoking Policy Guide In a letter report dated March 3, 1993, the EPA Inspector General criticizes the way in which the Smoking Policy I'nstitute (SPI) was hired to draft the Workplace Smoking Policy Guide and calls the liirin~ process "tainted." A copy of the letter is attached as ` Appendix B. The Inspector General's criticisms revolved around two basic points. First, SPI should' not have been hired on a noncompetitive basis, the Inspector General says. He notes that EPA approved the noncompetitive bid from SPI based on these assertions: "(7 ) SPI was the most qualified source; (2): that no other firm could do the work without both increasing costs and creating unacceptable delays; and (3) it would not be feasible for another contract or to develop the necessary qualifications without expending most, and perhaps all, of the resources available under this work assignment." Second, although an independent contracting firm was responsible for hiring someone to write the policy

2 guide, an EPA official directly communicated with SPI at least twice before it was selected to do the job, both times mentioning that $30,000 was available to pay for the project, the Inspector General says. He reports that SPI sent its proposal for the project directly to the EPA official, and that the EPA official made the contracting, firm aware of the existence of SPI. According to the Inspector General, these communications were "inap- propriate" and "unauthorized" and gave the appearance that the EPA official, rather than the independent contracting firm, selected SPI. The Inspector Generahs letter report was addressed to Representative Thomas Bliley, Jr. (R-Va.), and was in response to questions posed in a letter Blileywrote to the Inspector General in September, 1992. On March 4, the day after the date of the letter described above, another EPA official sent a separate letter to Representative Bliley, responding to questions he had'raised about technical aspects relating to the EPA Risk Assessment on ETS. A copy of that letter is attached as Appendix C. U.S. CONGR •LSS [4] Streamlined IAQ Bill Expected to be Introduced Representative Joseph Kennedy II (D-Mass.) reportedly plans to reintroduce a bill on IAQsometime in March that will drop language from earlier proposals that would have mandated an OSHA IAQ standard. According to press reports, Kennedy's bill is expected to mirror legisla- tion introduced in the Senate by Senator George Mitchell (D-Maine) in 1991. Mitchell's bill, a research-oriented measure, was approved by the Senate but never reached the House floor. Mitchellis also reportedly expected to reintroduce an IAQ measure in the next few months. Kennedy's latest proposal apparently will not include the provisions that blocked his bill in earlier sessions of Congress. Reportedly missing from the measure are provisions mandating produce emission labeling and requiring an OSHA ventilation-based standard. Insiders at the EPA believe the agency would support legislation focusing on research, but neither the EPA or OSHA has officially endorsed the latest House or Senate proposals. According to a House staffer, Representative John Dingell (D-Mich.), Chairman of the House Energy ETS/IAQ REPOR"I', ISSUIi 43 and Commerce Committee, is waiting for direction from the new administration and EPA Administrator Carol'l Browner before a decision will be made on which bill'to move through Congress. See BNA Washingtonlnsidrr, March 10, 1993. [5) •House Subcommittee Takes Testimony on Traficant Smoking Ban Bill On March 11, 1993, Representative James A. Traficant, Jr. (D-Ohio), convened the House Subcommittee on Public Buildings and Grounds to hear testimony on the "Ban on Smoking in Federal Buildings Act" (H.R 881), which was introduced in the House by Traficant in February. Traficant also held'a hearing on the bill~on February 23. See issue 42 ofthis Report, March 5, 1993. A summary of the testimony provided by Congressmen, representatives of federal agencies and interested organica- tions, and scientific experts follows. • Congressional Delegatiorr. Speaking in support of the proposed legislation, Representative Richard Durbin (D-111.) asked whether federal employees are "immune to the dangers of second-hand smoke." He blamed the "tobaeeo lobby" for the federal government's failure to implement smoking bans. Representative Romano Mazzoli (D-Ky.) also testified in support of the mea- sure. However, Representatives Nick Rahall II (D- W.Va.) and Bob Clement (D-'1'cnn.), submitting written statements into the record, said "It is not an appropriate function of the federal government to make lifestyle choices for its workers whenever the government, in its wisdom, considers those choices ill- advised.°" See RollCalZ March 15, 1993. Subcommittee members John Duncan, Jr. (R-Tenn.), Bill Emerson (R-Mo.), and James Clyburn (D-S.C.) also submitted written statements critical of the measure, questioning the accuracy of the EPA Risk Assessment on ETS. • Surgeon General Antonia Nbvello reportedly told the subcommittee panel that 'the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, nonsmokers' exposure to tobacco smoke." Speaking in support of H.R. 881, Novello also addressed other tobacco issues. See States News Service, March 11, 1993. • First Lady. Hillary Rodham Clinton, who declined Traficant's invitation to address the subcommittee panel due to scheduling conflicts, submitted a letter

MARCH 19, 1993 dated March 9, 1!993, in which she stated, "I strongly agree that discouraging harmful behavior such as smoking is an essential; part of our overall effort to improve the health of our citizens." Although she did not specifically endorse H.R. 881, Hillary Clinton expressed an interest in working with Traficant in the future on the issue. See States News Service, Mardi 11, 1993. • BOAlA: Executive Vice President Mark Hurwitz testified in support of H.R 881, and stated, "Banning smoking in the workplace would significantly improve the quality of air we breathe. BOMA firmly believes that the most effective course of action to ensure indoor air quality is to prevent contaminants from being introduced into the workplace in the first place." See PR Newswire, Mar& 11, 1993. • EPA: According to the director of EPA's Office of Health and Environmental Assessment, Dr. William Farland, the EPA supports the objecTives of H.R 881: in part because it would provide a model for state and local, governments, but deferred to "interested agencies regard- ing the details of the bill " Farland defended the EPA Risk Assessment on ETS, describing questions about the 90 percent confidence interval as "bogus" and standing by the agency's lung cancer monality estimates. See BNA'Daily Labor Report, March 12, 1993. • OPM Patricia Lattimore, acting Director of the Office of Personnel Management, expressed the agency's strong support for H.RS81, but deferred to the General Services Administration regarding implementation. • The Tobacco Irutinete Dr. Gio Gori of the Health Policy Center called the EPA Risk Assessment on1TS a "scientific scandal" and testified that the EPA's claims about the hazards of ETS exposure constitute "a political condusion shored up by an assumed identity, unwar- ranted assumptions, selective use of data, artful'statistical manipulations and the contrived illusion of mathematical precisions." Dr. Maurice LeVois, principal scientist of Environmental Health Resources, also criticized the risk assessment and testified that it shouldt not be usedas a basis for deciding whether to ban workplace smoking. See States News Service, March 11, 1993. Simon Turner of Healthy Buildings International testified'that HBI's investigation of hundreds of buildings revealed that tobacco smoke was implicated in less than three percent of all~ indoor air quality complaints. A third hearing will be conducted at which a panel of represcntatives from the American Lung Association 3 and the Society of Critical Care Medicine will, be given the opportunity to address the subcommittee. U.S. OCCUPATIONAL SAFE7Y AND HG1LT1'I ADMINISTRATION (OSHA) [6] OSHA Reform Legislation Introduced in House and Senate OSHA reform legislation has been introduced in both chambers of the 103d Congress. The House bill, H.R. 1280, was introduced by Representative William Ford (D-Mich.) on March 10, 1993; the next day, S. 575 was introduced by Massachusetts Senator Edward Kennedy (D). Both bills are in committee. As of this writing, no hearings had been scheduled on the legislation: The bills require that an Occupational Safety and Health standard'address "a significant risk" of material impairment to an employee's health or functional capacity. However, with respect to suspected carcino- gens, the threshold for a finding of significant risk is substantially lower under H.R 1280 than under existing case law. H.R. 1280 sets the threshold for a finding of significant risk at one in a million. The case law interpreting the existing Act generally sets the threshold for significant risk at one in a thousand. Other provisions of the bills would require OSHA to respond to petitions and recommendations for rulemaking within 90 days of receipt and, if OSHA responds that it intends to pursue rulcmaking, a proposed rule would have to be published within 12 months thereafter. All employers would be required to establish and maintain safety and'health programs, and employers who have at least 11 full-time employees would have to establish safety and health committees made up of an equal number of employee and em- ployer representatives. Unlike the OSHA reform legislation considered by the 102d Congress, neither of the pending bills would require OSHA to investigate lAQ or develop an IAQ standard. [7] Survey Results on Smoking Polic}-Artnounced Representative Richard Durbin (D-I11.) announced during a press conference on March 4, 1993, that Congressmen responding to his questionnaire about

4 smoking in the House side of the Capitol in Washing- ton, D.C., were overwhelmingly in favor of adopting a total smoking ban. Of the 434 questionnaires circu- lated, 109 reportedly were returned to Durbin. Sev- enry-six of the House members responding supported a complete smoking ban, while 28 preferred designated areas for smokers. House Speaker Thomas Foley (D- Wash.) and Majority Leader Richard Gephardt (D- Mo.) reportedly endorsed designated smoking zones as being more reasonable than a total smoking ban. Foley stated at his daily news conference that smok- ing could be banned in public areas of the Capitol but that individual lawmakers and committees should decide if they want to ban smoking in their offices and hearing rooms. According to press reports, a problem with smoke- filled restrooms will have to be resolved before a policy can be adopted. Evidently, House employees are retreating to restrooms in those buildings where smoking has already been banned. See The Washington PosA March 5, 1993;. AI', March 4', 1993; Z.7PI, March 4, 1993; BNA Wasbing- ron Insider, March 5, 1993. Durbin is the principal sponsor of PRO-KIDS legislation, currently pending in the House. (H.R. 710). See issue 41 of this Report, February 19, 1993. STATE AND LOCAL GOVERNMENTS [8] Privacy Legislation In Oregon, a bill was introduced on March 5, 1993, that would repeal the law prohibiting an employer from requiring an employee to reftain from using tobacco during nonworking hours. SeeS.B. 599, 67th Legislative Assembly - Reg. Sess. (1993). The Virginia Legislature passed a bill on February 25, 1993, prohibiting employers from discriminating against any person who uses tobacco products outside of employ- ment. The bill also prohibits employers from requiring, as a condition of employment, employees to use tobacco products on the job. In order to become law, the bill must be signed by the Speaker of the House, the President of the Senate and Governor L. Douglas Wilder (D). As of this writing, neither had signed the bill; the deadline for them to affix their signatures is March 29. SeeS:B. 859, Regular Session (1992-93). Bills that would prohibit discrimination against employees who use legal products in a legal manner are E-TSIIAQ REPORT, ISSUE 43 under consideration in three states: Alaska, Idaho and Iowa. Bills that would prohibit discrimination against employees who engage in lawful activities away from the workplace are pending in six states: Florida, Hawaii, Iowa, Kansas, North Dakota and Washington. [9] ETS-Related State and Local Legislative Activities Because of space limitations, the following discussion reflects only a portion of the state and local legislative activity related to ETS. The fax communication sheet at the end of this Report may be used to request information about ETS-related legislation not appearing here. • California On March 3, 1993, the Assembly Labor and Employ- ment Committee voted 7-1 to approve a bill that would prohibit smoking in all California workplaces. The bill has been re-referred to the Committee on Ways and Means. The bill's sponsor, Terry Friedman (D-Brentwood), reportedly predicts a better chance of approval for his biff because of the EPA Risk Assess- ment on ETS. SeeA.B. 13, Regular Session (1993-94). and Los Angeles Times, March 4, 1993. * Connecticut According to a news report, on March 2, 1993, the General Assembly Committee on Labor and Public Employees passed a bill that would expand workplace smoking regulations to employers with 20 or fewer employees. Supporters were reported to say that their position has been strengthened by the EPA Risk Assessment on ETS. The measure now goes to the full House for consideration. See The Harrford Corrrnw: March 3, 1993. *Maryland A bill was introduced on February 26, 1993, that would prohibit smoking in all enclosed public places. It also would prohibit employers from retaliating against employees or potential employees for exercising their rights under the Act. See H.B. 1572, 407th Legislative Session - Reg. Sess. (1993): • Minnesota On March 8, 1993, the House voted 129-1 to pass a bill that would prohibit smoking in family or group day care centers. The bill has been sent to the Senate. Seven similar bills are pending. See Chrcngo Tribune, March 10, 1993, and H.F. 29, 78th Legislative Session - Reg. Sess. (1993).

MARCH~ 19~; 1993 • Pennsylvania On March 16, 1993, state Representative Peter Daley (D) introduced legislation that would prohibit smok- ing in motor vehicles with passengers under age 16. Daley allegedly cited the EPA Risk Assessment on ETS as his reason for proposing the legislation. "'The major focus of that report was the fact that secondary tobacco smoke causes serious health problems for thousands of American children,'" he was quoted to claim. See United Press Internataonal, March 3, 1993 and H. B. 626, 176th General Assembly - Reg. Sess. (1993-94). • Utah The Legislature has sent Governor Mike Leavitt (R) a bill that would require businesses with smoking areas to provide information to employees regarding the alleged health effects of tobacco smoke. Governor Leavitt has until March 23, 1993, to sign the bill. See S.B. 67, 50th Legislature-General Session (1993). • Vermont On February 26, 1993, a bill was introduced that woul& require testing of state schools for the presence of radon, electromagnetic fields and ambient indoor air. SeeS.B. 225, 62d General Assembly - 1st Biennial Sess. (1993-94). ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [ 10] Blancharer< Depositions on Venue Issue Scheduled Pursuant to the court's order permittingplaintiffs to depose defendants' corporate representatives about issues related to the proper venue for this case, the depositions have been scheduled to begin on March 23, 1993, and conclude on April 1. Meanwhile, the court has rescheduled the hearing on defendants' motions to transfer venue to the District Court of Dallas County. That hearing is now sched- uled to take place on May 20 rather than April 30. Plaintiffs have served defendants with a consolidated discovery request consisting of 18 interrogatories, 110 requests for production, and 103 requests for admis- sion. All of the requests are contained in a single document addressed to all defendants. 5 Three of the 14 plaintiffs in this case presently allege injury from exposure to ETS. Raye Blanchard and Tamara Reed, mother and daughter, both claim damages for unspecified "illness and disease" allegedly resulting from exposure to the ETS from cigarettes smoked by Raye's deceased husband, Thomas, andlby Raye herself, who claims she smoked "for about ten years." The third ETS plaintiff, Pamela Kastrin Stephens, claims unspecified "lung and respiratory diseases" allegedly caused by exposure to the ETS from the cigarettes smoked by her deceased father. The named defendants are purported to be the six major U.S. cigarette manufacturers, The Tobacco Institute, the Council for Tobacco Research, and a number of wholesalers and retailers. Blanchard, et all v. R.J. Rrynolds Tobacco Company, et al: (District Court, Galveston County, Texas) (filed July 31, 1992). [11] Broirr. Briefing Completed on Petition for Certiorari The scheduled briefing on defendants' petition for certiorari is now complete; defendants filed their reply brief in the Third District Court of Appeal on March 16, 1993. The certiorari petition seeks review of the trial court's denial of a protective order concerning notices to depose senior executives of six defendants. Although defendants have requested such, the appeals court has not indicated whether it will hear oral argument on the matter. With respect to plaintiffs' appeal of the trial court's order dismissing the class action allegations otf plain- tiffs' complaint, defendants' brief is presently scheduled to be filed by March 29. In ongoing proceedings at the trial court level, the motions to dismiss filed by the Tobacco Manufacturen. Association and The Tobacco Institute have been set for hearing on May 17. Defendants have noticed the depositions of two plaintiffs, Gary Hayes (April"_6) and Valerie Gibson (May 1'7). Pursuant to the court"s most recent order compelling discovery; plaintiffs' current deadline for submitting complete responses to Lorillard's written discovery requests is March 22. At issue in this case are the claims of 30 flight arten- dants allegedly injured by occupational exposure to ETS. In addition, the husband of one of the flight attendants claims loss of consortium. The 30 atten-