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SHOOK, HARDY&BACoN REPORT ON RECENT ETS AND IAQ DEVELOPMENTS April 2, 1993 SHB

REPORT ON!RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN! THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS • Indoor Air Quality Act of 1993 is intro- duced in the Senate, p. 1. • Clinton administration will not appeal AFL-CIO v. OSHA, p. 1. • EPA reports to Congress on radon in schools, p. 4. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS • Defendants file class action appeal brief in Broin, p. 6. • Trial is set for November 1993 in Butlcr, p. 6. • McKinney files suit against cigarette manu- facturers; no decision~yet from Supreme Court, p. 6. • Defendants' dispositive motions are granted in Zwillman, p. 7. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS ISSUE 44 SCIENTIFIC/TECHNICAL ITEMS • Eleven new studies relating to ETS, p. 11. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS • Government activity in Australia, Austria, Canada, Germany, India, Israel, Philippines and the United Kingdom begin on p. 13. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS • Hearings are underway in Wrighr v. Ladbrokes, p. 15. LEGAL ISSUES AND DEVELOPMENTS • BAAF issues guidelines on placing children with smokers, p. 16. OTHER DEVELOPMENTS • Confederation of European Community Cigarette Manufacturers publishes pamphlet on ETS, p. 16. Smoking in pubs and restaurants issue stirs activities in the U.K., p. 17. Airline activities in Bahrain, Iceland, Scandinavia, Switzerland and the U.K, p. 17. • • Details on employees' suit against renovators of Bryn Mawr, p. 7. • LEGAL ISSUES AND DEVELOPMENTS • ASH produces new antismoking pamphlet, p. 8. • Minnesota Attorney General letter opinion on workplace smoking, p. 8. OTHER DEVELOPMENTS • New York will spend $50,000 each for smoking shelters, p. 9. MEDIA COVERAGE • Scientist Ross Brownson has letter published in San Francisco Chronicle, p. 10. MEDIA COVERAGE • "Federal Court Warns Tobacco Institute over Brochure," in AFCO, p. 18. • U.K. civil servant says, "Smokers Forced Me to Quit Job," p. 19. • Discussions throughout this Report that bear this symbol contain information about events and activides related to the EPA Risk Assessment on ETS.

- TABLE OF CONTENTS - Issue 44 April 2, 1993 IN THE iJNITED STATES REGULATORY AND LEGISLATIVE MATTERS CONGRESS [1] *Indoor Air Quality Act of 1993 Introduced in Senate ...........................................................1 U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) (2] AFL-CIO v. OSHA: OSHA allows Time for Appeal to Expire .................................................1 [3] Workplace IAQ/ETS Rules Stalled by Vacant Position ............................................................2 [4] ASH v. Department ofLabor: Parties Disagree About Whether to Delay Case ..........................2 [5] OSHA Reform Legislation Garners Criticism and Suppon ......................................................2 IAQ MODEL LAW TASK FORCE [6] Task Force Continues Work on Model Law ............................................................................ 3 U.S. ENViRONMENTAL PROTECTION.AGENCY (EPA) [7] ASHRAE [8] Results of School' Radon Survey Reported to Congress ............................................................4 Critics Charge ASHRAE Standards Reflect Business Interests .................................................4 STATE AND LOCAL GOVERNMENTS [9] [10] Privacy Legislation ............ .................................................................................................... ... ETS-Related State and Local'Legislative Activities ...................................................................5 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [11] Broirr. Defendants File Briefon Class Action Appeal ......................................................•.......•6 (12] Butltr. TrialCourt Sets Case for November 1993 ....................................................................6 [13] •McKinnty. Prisoner files Suit Against Manufacturers ............................................................6 [14] ZwiUrnarr. Court Grants Defendants' Dispositive Motions ......................................................7 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS WORKPLACE: IAQ/SICK BUILDING SYNDROME [15] Bensing v. Voirh &Mactavrsh (Philadelphia County Court of Common Pleas, Pennsylvania) (filed February 3. 1993); Skoogfors v. Voith dMacravish (Philadelphia County Court of Common Pleas, Pennsylvania) (filed January 21, 1993) ..........7 COLLECTIVE BARGAINING [16] United Paprrurorkrrr International Union, Local 1279 v. Wisconsin Tittru MiIG, Inc., 1993 U.S. Dist. LEXIS 3348 (U:S. District Court, Eastern District, Wisconsin) (decided March 13. 1993) .................................................................................................... ...8 LEGAL ISSUES AND DEVELOPMENTS [17] *ASH Produces New Antismoking Pamphlet .........................................................................8 [18] *Minnesota Attorney General Opines About Effect of Risk Assessment in the Workplace .......... 8 U.S. INCIDENTS OF SBS/BRI [191 Sick Building Syndrome/Building-Related Illness in Florida, Massachusetts, Missouri and New York .................................................................................................... .......8 OTHER DEVELOPMENTS [20] State to Provide Employees with Smoking Shelters .............................................................••••-9 [21] Centers for Disease Control (CDC) Launches ETS Information Campaign ............................9 [22] Survey Asks About Smoking and Children ............................................................................10 [23) Large Increase in Corporate Smoking Bans Predicted ............................................................ 10 [24] *Children Advised to Change Parents' Smoking Habits ....................................................... 10 MEDIA COVERAGE ~ [25] *"EPA Study on Passive Smoking Stirs Debate and Passions," R. Brownson. ~ The San Francisco Chroniclr. March 19. 1993 ........................................................................10 ~ [26] " T. McNichol, USA Wnkrnd March 28, 1993 .......................... 10 •"Don'r Mind if I Smoke ~ , ~. ~ IV W

Contents Continued, Issue 44 SCIENTTFIGTECHNICAL ITEMS UPCOMING MEETINGS [27] 1993 Annual Summer Toxicology Forum, Given Institute of Pathobiology, Aspen, Colorado, July 12-16, 1993 .......................................................................................11 LUNG CANCER [28)' "Indoor Air Pollution and Lung Cancer in Guangzhou. People's Republic of China," Q. Liu, A.J. Sasco, E. Riboli, and M.X. Hu, AmericanJournal ofBpideniiology 137(2): 145-154, 1993 [Sec Appendix A] .......................... 11 CARDIOVASCULAR ISSUES [29] "Environmental Tobacco Smoke and Coronary Heart Diseue," A.K. Armitage, Journal ofSmoking-Ralated Ditorders 4(1): 27-36, 1993 [See Appendix A] ............................. 1 1 [30] "Passive Smoking and the Risk ofAcute Myocardial Infarction,"'C. La Vecchia, B. D'Avanzo, M.G. Franzosi, and G. Tognoni, The Lancet 341: 505-506, 1993 [See Appendix A] .................................................................................................... ...............11 RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [31) "Rdation of Passive Smoking as Assessed by Salivary Cotinine Concentration and Questionnaire to Spirometric Indices in Children," D.G. Cook, P.H. Whincup, O. Papacosta, D.P. Strachan, M.J: Jarvis, and A. Bryant, Thorax 48: 14-20, 1993 [See Appendix A] ............................................................11 [32] "The Decrease in Severiry of Asthma in Children of Parents Who Smoke Since the Parents Have Been Exposing Them to Less Cigarette Smoke," A.B. Murray and B.J. Morrison, Journal ofAllcsgy and Clinical Immunology 91: 102-110. 1993 [See Appendix A] .................................................................11 [33] "Lung Function. Respiratory Illness, and Passive Smoking in British Primary School Children," R.J. Rona and S. Chinn; Thorax48: 21-25, 1993 [See Appendix A].........12 (34] "HispanirChildren With Asthma: Morbidity." P.R. Wood, H.A. Hidalgo, T.J. Prihoda, and M.E. Kromer, Pediatrics 91: 62-69, 1993 [See Appendix A) ......................12 OTHER HEALTH ISSUES [35] "Editorial: Give a Dog-End a Bad Name," A.D.S. Caldwell, Jourrtal of Smobing-Related Diio>•dsrs 4(1): 1-2, 1993 [See Appendix A] ................................................. 12 ETS EXPOSURE AND MONITORING [36] "Analysis of Tobacco-Specific N-Nitrosamines in Indoor Air," K.D. Brunnemann, J.E. Cox, and D. Hoffmann, Carcinognrrsis 13(12): 2415-2418, 1992 [See Appendix A]'........... 12 [37] "Relationship Between Environmental Tobacco Smoke Exposure and Carcinogen-Hemoglobin Adduct Levels in Nonsmokers," S.K. Hammond, J. Coughlin, P.H. Gann, M. Paul, K. Taghizadch, P.L. Skipper, and S.R. Tannenbaum, Journal of the National Cancer Institute 85(6): 474-478, 1993 [See Appendix A] ................•..-12 [38] •"Environmental Tobacco Smoke,"'A. Rodgman, Regularory Toxicology and Pharmacology 16: 223-244, 1992 [See Appendix A] ............................................................... 12 INDOOR AIR QUALITY [39] "The Effect of Varying Levels of Outdoor-Air Supply on the Symptoms of Sick Building Syndrome," R. Menzies, R. Tamblyn. J.P. Farant. J. Hanlcy„F. Nunes, and R. Tamblyn. The New EnglandJournal ofMedicine 328(12): 821-827, 1993 (Sec Appendix A] ................. 13 [40] "The Sick Building Syndrome In Office Buildings-A Breath of Fresh Air," K. Kreiss, The New England Journal ofMedicine 328(12): 877-878, 1993 [See Appendix A] ................. 13 SMOKING POLICIES AND RELATED ISSUES [41] Letters to the Editor Regarding "Protection from Environmental Tobacco Smoke in California: The Case for a Smoke-Free Workplace," R. Borland, J.P. Pierce, D.M. Burns„E. Gilpin, M. Johnson, and D. Bal, Journal oftheAmerican Mtdical Association 268(6): 749-752, 1992 ............................................................................13

Contents Continued, Issue 44 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AusTRAlu (42) New South Wales Delays Public Smoking Ban ......................................................................13 (43) Total Smoking Ban Not on Government's Agenda ................................................................14 AUSTRIA [44) Anti-Smoking Bill Drafted .................................................................................................... 14 CANADA [45] Ontario Government Conducts Hearings on Smoking Proposals .......................................... 14' ' [461 Cigarette Package Warnings May Indude ETS Message ........................................................ 14 GEwmArnc [47) Anti-Smoking Activists Draft Legislation ...............................................................................14 INDIA [48] Government Considers Smoking Bans ...................................................................................14 ISRAEL [49] Health Ministry Officials Unprepared to Discuss Workplace Smoking Policies ..................... 15 PHILIPPINES [50] Smoking Restrictions Imposed in Manila ..............................................................................15 UNITED KINGDOM (51l Home Secretary Squclches Attempt to Impose Smoking Ban ................................................. 15 [52) Smoking Bans Considered by Numerous Borough Councils ................................................. 15 ETSlIAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS UNITED KlNGDOM [531 Wright v. Lad6rokrs (Industrial Tribunal, Birmingham, England) (filed December 20, 1991) .................................................................................................... .15 LEGAL ISSUES AND DEVELOPMENTS UNITED KINGDOM [54] "The Smokeless Zone," V. Harpwood, OccupationalHtalth Review, March/April 1993 ........ 16 [55] Adoption Agencies Advised'Not to Place Children With Smokers .........................................16 OTHER DEVELOPMENTS EUROPEAN COMMUNITY [56l *Cigarette Confederation Publishes ETS Pamphlet .........................................................•.---16 UNITED KINGDOM [57] •Symposium on Workplace Smoking Hdd'in Glasgow ........................................................ 16 [581 Union Employees Oppose Complete Smoking Ban ............................................................... 17 [59) Schools Advised to Provide Smoke-frec Environment ............................................................ 17 [60) Pub Owners Refuse to Ban Smoking .....................................................................................17 [61l Study Links Child Snoring to ETS ........................................................................................17 WORID AIRLINE NEWS [62l Bahrain .................................................................................................... ..............................17 [63) Iceland .................................................................................................... ...............................17 (64l Scandinavia .................................................................................................... ........................18 (65l Switzerland .................................................................................................... ........................18 [66] United Kingdom .................................................................................................... ...............18 MEDIA COVERAGE Ausrlw.IA [67) "Federal Court Warns Tobacco Institute Over Brochure," (68] The Aaut.alian Financial Rrvieu, March 11. 1993 ..................................................................18 "Passive Smoking Danger Admitted," M. Date, The Sydnry Morning Herald, Febrtury 26. 1993 .................................................................................................... .............18 UNITED KINGDOM [69]! •"Passive Smoking Landmark," Health and Safrty Information Bulletin 207, March 1993 ....18 [70] "Smokers Forced'Me To Quit Job. Says Clerk," A. Sambidge, Western Daily Prrss, February 20. 1993 .................................................................................................... .............19 [71) "Attitudes to Smoking," P. Madge, The Saftry dHealrh Practitioner, March 1993 ................ 19 APPENDIX A .................................................................................................... .......................:.........Article Summaries APPENDIX B .................................................................................................... ......................................ASH Pamphlet APPENDIX C .................................................................................................... .......Minnesota Attorney General Letter

APRIL 2, 1993 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS CONGRESS [1] •IndoorAir Quality Act of 1993 Introduced in Senate On March 25, 1993, Senator George Mitchell (D- Me.) introduced the Indoor Air Quality Act of 1993 (S. 656). Relying in part upon the EPA Risk Assess- ment on ETS, Mitchell asserted that indoor air, con- tains pollutants such as "tobacco smoke" and that the federal government lacks a coordinated and compre- hensive response to "all the evidence of the health effects and economic costs of indoor air pollution." The bill is virtually identical to measures introduced and passed by the Senate in the 101st and 102d Congress. It would require the appropriation of $48.5 million for each fiscal year from 1992 to 1996. As of this writing, a companion bill had not been introduced in the House. However, recent press reports indicate that such a bill is being prepared by Representa- tive Joseph Kennedy II (D-Mass.) and will be introduced soon. See issue 43 of this Report, March 19, 1993. The Senate bill' does not identify ETS as an indoor air contaminant. It does, however, contain provisions that would require the EPA to publish a list designating "the contaminants that may occur or are known to occur in indoor air at levels which may reasonably be expected to have an adverse impact on human health." Provisions expanding and strengthening indoor air research predominate, and the EPA is authorized to work with federal agencies, industry groups and the states in improving technologies to identify sources of poor IAQ, measure health effects, and mitigate poor IAQ An Office of Indoor Air Quality would be established at the EPA to oversee the IAQ program, which would also indude the publication of informa- tional bulletins. Although ventilation is addressed in the bill, it plays a minor part. Essentially, the EPA would be required to assess the current use and effectiveness ofASHRAE standards and recommend to Congress those standards that would best protect the public health in light of energy conservation goals. A number of federal agen- cies are given responsibilities under the proposal. NIOSH, GSA and the EPA, for example, would be required to develop an indoor air training course on HVAC operation and maintenance, recordkeeping; identification of indoor air pollutant sources, and rcmediation measures. Senator John Chaffee (R RI) cosponsored the measure, and it has been referred to the Committee on Environment and Public Works. Also introduced on March 25 was the Indoor Radon Abatement Act which addresses the alleged health effects of radon gas expo- sure in homes and schools (S. 657). U. S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [2] AFL-CIO v. OSHA: OSHA allows Time for Appeal to Expire The Clinton administration has apparently dedined to appeal a federal appeals court decision that invali- dated OSHA's occupational air quality standards for some 428 substances involved in the construction, agriculture and maritime industries. The time for appeal expired on March 22, 1993. AFL-CIO v. OSHA (U.S. Court of Appeals, Eleventh Circuit) (decided July 7, 1992; rehearing denied October 22, I992): The appeals court ruled that OSHA could address multiple substances in a single rulemaking, but that it had not adequately quantified the risks associated with individual substances, had failed to establish industry- specific technological or economical feasibility of the individual permissible exposure limits, and had not adequately supported its across-the-board 4-year delay in implementation of the standard.

2 ETS/IAQ REPORT, ISSUE 44 According to press reports, it was undear whether the workplace ETS rulemaking options. ASH u. Depart- Labor Department's failure to appeal was a tactical ment ofLabor (U! S. Court of Appeals, D.C. Circuit) decision or whether the case "may have fallen through (fil ed December 22, 1992). the cracks." Labor Department sources reportedly said that Secretary Robert Reich had recommended the case be appealed. It is anticipated that the outcome of the case will have an impact upon efforts currently underway in Congress to redraw federal job safety laws. Representative William Ford (D-Mich.), sponsor of the House version of OSHA reform legislation, H.R. 1280, reportedly suggested that the court's decision should spur Con- gress to enact OSHA reform promptly. See The Washington Post, March 23, 1993; St. Louis Post Dispatch, March 24, 1993. H.R. 1280, as well as the Senate OSHA Reform bill, S. 575, would legislatively vacate the Eleventh Circuit's decision by directing OSHA to issue an interim f nal regulation giving effect to the proposed exposure limits for the 428 substances. s Summarfes of reactions to OSHA Reform legislation, ftem 5. [3] Workplace IAQ/ETS Rules Stalled by Vacant Position According to press reports, the process of establishing workplace rules on IAQ and ETS is in limbo at OSHA because an assistant secretary in charge of OSHA has not yet been appointed. Apparently, the assistant secretary will be in a position to indicate what policy the new administration wishes OSHA to follow on these issues. According to OSHA's project officer on indoor air and ETS, it is unlikely that OSHA will issue an emergency temporary standard on ETS in response to the latest petition filed by Public Citizen. See issue 41 of this Report, February 19, 1993. OSHA's reluc- tance to do so stems, in part, from its failure to prevail in any court action in which other emergency tempo- rary standards have been challenged. See IndoorAir Quality Update, March 1993. [4) ASH v. Department of Labor. Parties Disagree About Whether to Delay Case On February 16, 1993, ASH requested that the court hold this case in abeyance for 60 days in light of the January 1993 memorandum from then-Secretary of Labor Lynn Martin directing the agency to expedi- tiously report to the incoming Secretary regarding In its motion to the court ASH states, "petitioner believes the public interest would best be served by holding the case in abeyance for 60 days to determine if OSHA will proceed to resolve this matter without the necessity of Court intervention." In the alternative, ASH requests 10 additional days to respond to the Secretary's motion to dismiss. In this case, ASH is seeking an order compelling OSHA to commence a separate rulemaking on ETS. In a response filed to ASH's motion, Labor Secretary William Reich objected to the request to hold the case in abeyance and reiterated the agency's position that the case should be dismissed because there was no final agency action to review. According to the Secretary, ASH's latest motion was a concession that "OSHA is presently considering the precise regulatory relief [ASH] seeks and that allowing the agency an additional period of time to decide the issue is appropriate and reawnable.° The Secretary does not object to the 60-day period requested by ASH should the court grant ASH's motion to hold the case in abeyance, but notes in that regard, "the Secretary makes no representation that the issue whether and how to proceed with the regulation of ETS will be fitlly resolved within that period." On March 6, 1993, ASH filed a reply to the Secretary's response, arguing that OSHA's opposition to its motion "reinforces the finality of the Agency's decision." ASH reiterates many of the arguments made in its initial pleadings with the court and urges the court to either hold the case in abeyance or deny the motion to dismiss and issue a briefing schedule. To date, no further documents have been filed in the case. [5] OSHA Reform Legislation Garners Criticism and Support The introduction of OSHA reform legislation in the House and Senate (H.R. 1280, S. 575), has provoked mixed responses from representatives of employee and business groups and others around the country. A summary of reported comments on the measures follows. • AFL-CIO: Margaret Seminario, director of the department of occupational safety and health, supports

APRIL 2, 1993 the reform legislation, saying "if enacted, it will lay the groundwork for improvements in sakry and health." • Coalition for Occupational Safety and Health (an coalition of employers, trade groups and associations): Peter Lunnie, executive director, agrees that the Occupational Safety and Health Act of 1970 is not perfea, but says "radical reform of the statute" is not warranted. He believes the reform measures "would change its character from one of encouraging voluntary compliance on the part of employers and employees alike to a criminal statute.• • American Society of Safety Engineers: Allen Macenski, acting president4 criticizes the reform measures and says OSHA errs in applying the same standard to every business. "It is ludicrous to require small employers to have written programs and joint labor-management committees," Macenski says. • Employment Policy Foundation (Washington, D.C.- based business research group): The Foundationestimates that the legislation will cost the private sector $51 billion in new costs each year even afcer factoring out the cost savings from averred illnesses and accidents. • Academia: Eula Bingharn, former head of OSHA during the Carter administration, does not see a groundswell of support for OSHA reform. Her re- search shows that part of the problem is that when good jobs are scarce, "workers are afraid to complain because they really need the job." • OSHA insiders: Without an OSHA chief, no one is apparently setting goals and priorities. Secretary of Labor Robert Reich is reportedly spending most of his time helping President Clinton push his economic plan. • New York Committee on Occupational Safety and Health (union-funded research and education group): Joel Shufro, executive director, has "great expectations" with respect to OSHA reform, but regards the failure of the President to appoint someone to head the agency as a significant drawback StrNeusday, March 21,1993. Meanwhile, Republicans in Congress arc reportedly preparing their alternative to the Democrat-backed reform measure and hope to introduce it before hearings are scheduled on the proposal this spring. According to a minority staffer for the House Educa- tion and Labor Committee, the sponsor of the House measure wants the bill considered in August, but many 3 congressional representatives believe it will take two years for the bill to reach both floors. See Daily Report for Exrcutivcs, March 25, 1993. IAQ MODEL LA,tiw TASK FoxcE [6] Task Force Continues Work on Model Law On March 11, 1993, the IAQ Model LawTuk Force met to form a new subpanel charged with devising a "conceptual outline" of a new draft model IAQ law by April2, 1993. The draft law that had been circulated to panel members late in 1992 has apparently been scrapped following extensive criticism. See issue 37 of this Report, December 18, 1992. Organizations that have expressed an interest in or have been participating in the drafting process will receive copies of the outline and will have the opportunity to submit written comments until April 14, 1993. The next meeting of the full panel will be held in Washington, D.C. on April 19, 1993. It is anticipated that an approved outline will be presented at an IAQ conference in Baltimore on April 22. The IAQModel Law Task Force, under the aegis of the Environmental Safery Council of American (ESCA), a private council of individuals daiming representation of business and consumer interests, intends to draft a model law that will be made available as a guide for state, county and municipal lawmakers. Meanwhile, the executive director of the American Industrial Hygiene Association (AIHA) has reportedly withdrawn the organization's support from the Task Force endeavor. In a letter written to ESCA, Director O. Gordon Banks reportedly said AIHA originally agreed to become involved because the group was under the impression that the model law would provide a consensus of scientific evidence that the states could use in formulating IAQ regulations. According to Banks, the model law unveiled at ASHRAE's IAQ'92 seminar in San Francisco did not reflect the recommendations of the scientific task force. Although AIHA is officially dissociating itself from ESCA and the Task Force, it will evidently continue to comment on any future model law activity. See Indoor Air Quality Update, March 1993.

4 U.S. ENVIRONMENTAL PROTECIION AGENCY (EPA) [7] Results of School Radon Survey Reported to Congress On March 18, 1993, the EPA reportedly advised the House Energy and Commerce Committee's panel on health and the environment that radon levels in one of every five public schools in the U.S. exceed the EPA's safery standard. Apparently, the EPA study was based upon an examination of 900 randomly-sele«ed schools and projects that more than 70,000 dassrooms in 15,000 schools have high levels of radon. According to the study, students in approximately 10,000 classrooms are exposed to radiation levels higher than those to which nudear power plant employees are exposed About 11 million students, the survey condudes, are exposed to radon levels that may present a health problem. According to Margo Oge, director of EPA's Office of Radiation and Indoor Air, readings should be taken in first-floor classrooms in every public school. She blamed poor IAQ in schools for posing a threat to children's health and reportedly estimated that most schools could solve their radon problems by taking steps that cost between $3,000 and $30,000. Representative Henry Waxman (D-Cal.), chair of the House subcommittee considering the EPA survey, cautioned parents and teachers not to panic. 'Radon causes lung cancer only after years of exposure," Waxman was quoted as saying. His subcommittee is apparently preparing to draft legislation that will address the alleged radon hazard. Set Los.9ngrles Times, March 19, 1993. ASHRAE [8] Critics Charge ASHRAE Standards Reflect Business Interests ASHRAE, whose indoor ventilation and thermal standards serve as industry guidelines in the absence of IAQ legislation, has reportedly come under attack by unions and public interest activists who are skeptical of standards set by the private sector. Although ASHRAE standards undergo public review before they are finalized, consumer interests, say critics, are rarely represented on the technica] and project committees ETS/IAQ REPORT, ISSUE 44 that draft and revise the standards in light of the comments received. According to the president of an Ohio corporation that recently became involved in the standard setting process for air filters, "the committee setting is controlled by a typical political process. If most [large] i manufacturers apply for membership, the documents will unduly reflect their interests." See Indoor Air Review, March 1993. STATE AND LOCAI. GOVERNMENTS [9] Privacy Legislation On March 29, 1993, Virginia Governor L. Douglas Wilder (D) vetoed a bill that would have prohibited employers from discriminating against any person who uses tobacco products outside of employment. The bill also would have prohibited employers from requiring, as a condition of employment, employees to use tobacco products on the job. Sec S.B. 859, Regular Session (1992-93). In Pennsylvania, a bill was introduced on March 23 that would prohibit discrimination against persons who use lawful products. SecH.B. 956, 176th General Assembly- Reg. Sess. (1993-94). In Massachusetts, a bill was introduced on January 6 that would prohibit employers from requiring as a condition of employment that any employee refrain from smoking or using tobacco outside the workplace or from discriminating against any individual with respect to employment for such activity. See H.B. 1221, 178th General Court - Reg. Sess. (1993). There are, for purposes of this Report, three types of privacy legislation: They provide protection for those who (i) engage in lawful activities, (ii) use lawful products, and (iii) use tobacco products. Bills that would prohibit discrimination against employees who use legal products in a legal manner are under consideration in three states in addition to Pennsylvania, Alaska, Idaho, Iowa, Montana and Nebraska. 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. Bills that would prohibit employers from descriminating against employees who use tobacco products specifically are pending in three states: Alabama, Massachusetts and Pennsylvania.

APRIL 2, 1993 [ 101 ETS-Related State and Local Legislative Activities Because ofspace 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 1, 1993, a bill was introduced tharwould prohibit smoking at any time inside any building owned, leased, or occupied by the legislature. Another bill, introduced February 22. 1993, would authorize a city or county to enforce its ordinance regulating the smoking of tobacco in a private residence licensed as a family day care home during its hours of operation and in those areas of the facility where children are present. The bill prohibits the smoking of tobacco on the premises of a child day care center. See A.C.R. 27 and A.B. 615, Regular Session (1993-94). •Local Governments in California According to a news report, the San Mateo City Council approved a smoking ban in businesses and restaurants that prohibits smoking in bar areas of restaurants where there is no barrier between diners and bar patrons. An earlier version of the measure would have apparently forced bars to reserve half of their seating for nonsmokers and would' have prohib- itcd smoking in private banquet rooms in restaurants. Both provisions were removed. See The San Francisco Chronick, March 16, 1993. The Sausalito City Council postponed voting on an ordinance that would have prohibited smoking in all public places, including bars and outdoor restaurants. According to a news report, bar and restaurant owners opposed the ordinance and claimed they would fight it. See The San Francisco Chronicle, March 18, 1993. •IIIinois On Marcli 10, 1993, a bill was introduced that would prohibit smoking in elementary and secondary schools, municipal teen centers, and all lieensed day care faalities. SeeS.B. 985, 88th General Assembly- Reg. Sess. (1993-94). Several other bills relating to banning smoking in day care facilities have been introduced. See H.B. 1617, H.B. 1540, and S.B. 693. Other bills have been introduced that would prohibit smoking areas in restaurants and would guarantee a smoke-free work- place. SetH.B. 1988 and H.B. 1152. •New Jersey According to a news report, the New Jersey Assembly Environment Committee has stopped a measure that would ban smoking in all restaurants. According to the report, an Assemblywoman said that legislation was necessary because children and nonsmokers frequent restaurants, and because the ETS Risk Assessment found that ETS is reported to be "dangerous." See United Press Inttrnationa4 March 22, 1993. •Ohio According to a news report, the Akron City Council passed a comprehensive smoking ban prohibiting smoking in any city-owned building or vehicle. Mayor Donald Plusquellic was reported to refer to the recent EPA Risk Assessment on ETS when he said that the city had an obligation to protect its workers' health and to insulate the city from lawsuits that could be filed by people who say they contracted lung cancer from City Hall smoke. Also under consideration is a smoking ban in Summit County's main office building and in the County Jail. Under the measure, prisoners at the jail would be allowed to smoke only in the outdoor exercise area. Sre The Plain Dealer, March 19, 1993. •Pennsylvania According to news reports, on March 22, 1993, a bill was introduced that would ban smoking in workplaces, indoor public places and some outdoor facilities. Set Gannett News Service, March 23, 1993, and United Press Intcrnatronal. March 22, 1993. •Rhodc Island On March 18, 1993, a bill passed the House and was sent to the Senate that would prohibit smoking in hallways of elderly housing complexes. Another billiwas introduced on February 24, 1993, that would ban smoking in restaurants. SerH.B. 6748 and H.B. 6715, Regular Session (1993). •Local Governments in Texas According to a news article, the Arlington City Coun- cil is considering an ordinance that would ban smoking in the workplace. According to the news report, the city council member proposing the ordinance said that the recent EPA Risk Assessment on ETS prompted him to push for the new restrictions. Also, employers could not "discriminate, discharge, or in any other manner retaliate against any employee exercising a right created by this ordinance," a draft of the ordi- nance was reported to say. See The Dallas Morning News, March 11, 1993.