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SHOoK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS April 30, 1993

REPORT ON'RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS • Update on pending ETS/IAQ bills includes summary of most recent hearings held on Traficant H. R. 881, p. 1. • "The EPA Report: Why the Tobacco Control World Will Never be the Same," p. 1. • EPA will'study carpets in attempt to d'upli- cace Anderson Laboratories study, p. 2. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS • Latest activities in Broin, p. 3. • Zwillman plans to dismiss suit, p. 4. ETS/IAQ LITIGATION NbT INVOLVING CIGARETTE MANUFACTURERS • Class action is filed against carpet industry, p. 4. • Handicap discrimination suit Hinman is decided in Washington, p. 5. • Government workers will not get increased ventilation after ruling in AFGE case, p. 5. OTHER DEVELOPMENTS • McDonald's will not include shareholder proposall on smoking ban in proxy state- ment, p. 6. • Other fast-food chains are keeping an eye on McDonald's test smoking ban, p. 6. SCIENTIFIC/TECHNICAL ITEMS ISSUE 46 RECENT/UPCOMING MEETINGS • Report from Indoor Environment '93, p. 7. • IAQ Congress will be held in June, p. 8. SMOKING POLICIES AND RELATED ISSUES • Sharon Boyce of BAT writes letter to the editor of Tobacco Contro4 and Repace and Lowrey respond, p. 10. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS • Activity in Australia, Canada, Philippines, Taiwan and United Kingdom, p. 11. ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS • AFCO files application for special leave to appeal, p. 12. OTHER DEVELOPMENTS • Australian restaurants are surveyed in smoking policies, p. 13. • Doctors in India say ETS is more toxic than mainstream smoke, p. 13.

- TABLE OF CONTENTS - Issue 46 Apri130, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. CONGRESS [1] Updates on Federal ETS/IAQLegislation; Hearing Held on H.R. 881 ...................................I U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [2] "The EPA Report: Why the Tobacco Control World Will Never be the Same," David M. Burns, Tobacco Control2(1): 3-4 ............................................................................. 1 [3] EPA to Study Carpet Emissions ...............................................................................................2 STATE AND LOCAL GOVERNMENTS [4] ETS-Related State and Local Legislative Activities ...................................................................2 (5) IAQ-Related State and Local Legislation ..................................................................................3 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS (6] Broin: Lorillard Renews Motion for Sanctions ......................................................................... 3 [7] Ztui!lman: Plaintiff Says He Will Dismiss Case ........................................................................4 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS IAQ:CARPET EMISSIONS [8] Howe!l v. Shaw Industries. Inc.. 93-CV.2068 (U.S. District Court. Eastern District, Pennsylvania) (filed April 19, 1993) ...............•-.•••-•-••••-••••-•••-••••.••-•••••••••••••••• 4 WORIa'LACEt HANDICAP DISCRIMINATION [9] Hinman v. Yakima School District No. 7. 1993 Wash. App. LEXIS 153 (Washington Court of Appeals) (decided April 20, 1993) .........................................•--••••••••••-•5 WORKPIACE: COLLECTIVE BARGAINING [10] Newark Valley Central School District v. Public Employment Relations Baard 1993 N.Y. App, Div. LEXIS 3729 (Supreme Court of New York, Appellate Division) (decided April 15, 1993) .................................................................................................... ...... 5 [11] In re: Department ofHealth and Human Servicrs/SSA and Loca13172. American Federation ofGotxnsmrnr Employees. AFL-CIO, 1993 WL 106970 (Federal Service Impasses Panel) (decided April 7. 1993) ......................................................... 5 OTHER DEVELOPMENTS (12] "It's Ronald McDonald vs. Joe Camel in the Smoking Debate," B.A. Epstein, St. Petersburg Times, April 12. 1993 .........................................................................................6 (131 SEC Approves Omission of McDonald's Shareholder Proposal About Smoking Policy ...........6 [14] Restaurant Chain Operators Keep Eye On McDonald's Experiment .......................................6 [15] MCS Sufferers Want Perfumes Banned under ADA .................................................•.••••••••---••6 [16] Shopping Mall Goes Smoke Frcc .............................................................................................7 [17] Survey on Corporate Health Practices Released ............................................. .......................... 7 [18] Hotel Space for Nonsmokers ...................................................................................................7 (19] Smoking Rights Advocates Decry Use of Tobacco Tax Funds .................................................7 SCIENTIFIGTECHNICAL ITEMS RECENT/UPCOMING MEETINGS [20] "Indoor Environment '93: Defining Strategies for Effective Indoor Air Management," Baltimore. Maryland, April 2d-23. 1993 ................................................................................. 7 [21 j Indoor Air Quality Congress '93, Boston, Massachusetts, June 15-16, 1993 .....................•--•••8 LUNG CANCER [22] Letter to the Editor Regarding "Commentary: Environmental Tobacco Smoke and Lung Cancer." C.W. Heath, The Lancet 341: 526. 1993 .................................•.•-••-••••••••..8 RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [231 "Chronic Sidestream Smoke (SS) Effects on Airway and Pulmonary Artery Reactivity to Serotonin in Developing Rats." J.M. Bric. K.E. Pinkerton, and J:P: Joad, Journal ofA!largyand Ct'rnicalImmunology91 (1 Part 2), 1993 [See Appendix A] ....................9

Contents Continued, Issue 46 [24] "Risk Factors for Acute Wheezing," A.L. Duff„E. Pomeranz, G.W. Price, L.E. Gelber, A.H. Farris, F.G. Hayden. A.E. Plata-Mills, and P.W. Heymann,. Annals ofAllergy 70: 47, 1993 [See Appendix A] ......................................................................9 OTHER HEALTH ISSUFS [25] "Evaluation of Individuals Attributing Hypersensitivity Symptoms (HS) to Indoor Air Pollution (IAP)," P. Kuhnl, G. Golling,$. Eberlein-Konig, and B. Przybilla, Journal ofAllargy and Clinical lmmunology 91 (1 Part 2). 1993 [See Appendix A] .................................................................................................... ........9 [261 "Spontaneous Resolution of Severe Chronic Glue Ear in Children and the Effect of Adenoidectomy. Tonsillectomy. and Insertiornof Ventilation Tubes (Grommets)." R. Maw and R. Bawden, Britrsh Merlical Journal306: 756-760. 1993 [See Appendix A] ......... 9 [27] "Social Differences in Swedish Infant Mortality by Cause of Death. 1983 to 1986," M.L. Nordstrom, S. Cnattingius, and B. Haglund. Artterican fournal ofPu6lic Health 83:,26-30, 1993 [See Appendix A] ...............................................................................9 ETS EXPOSURE AND MONITORING (281 "Development of Pulmonary Cytochrome P450 (CP-450) Isoenzymes: Protein Expression. Activity and Response to Environmental Tobacco Smoke (ETS)'in Postnatal Rats." A. Gebremichael. C.G. Plopper, A.R. Buckpitt. and K.E. Pinkerton, Toxicologist 13: 49, 1993 [See Appendix A] ........................................................................... 10 [29] "A Time Series Model for Cigarette Smoking Activity Patterns: Model Validation for Carbon Monoxide and Respirable Particles in a Chamber and an Automobile," W. Ott. L. Langan, and P. Switzer, Journal ofF.xposurt Analysis and Environmental Epidemiology 2(Suppl. 2): 175-200. 1992 [See Appendix A] .................................................................................................... ...... 10 INDOOR AIR QUALIZY [30]' "Air Movement. Comfort and Ventilation in Partitioned Workstations," F.S. Bauman,,R.S. Helm, D. Faulker, E.A. Arens, and W.J. Fisk, ASHRABJournal (March): 42-50. 1993 [See Appendix A) .................................................... 10 [31) "Will the Mouse Bioassay for Estimating Sensory Irritancy of Airborne Chemicals (ASTM E 981-84) Be Useful for Evaluation of Indoor Air Contaminants?" J.S. Tepper and D.L. Costa, Indoor Environment 1: 367-372, 1992 [See Appendix A] ........... 10 SMOKING POLICIES AND RELATED ISSUES (3211 Letters to the Editor Regarding "Issues and Answers Concerning Passive Smoking in the Workplace: Rebutting Tobacco Industry Arguments." J.L. Repace and A.H. Lowrey, Tobacco Contsoll: 208-219. 1992 ...................................................................10 STATISTiCS AND RISK ASSESSMENT [33] "An Individual DecisiomModel For Environmental Exposure Reduction,"'N. Duan and W. Ott, Journal ofF.xposurt Analysis and Enviranmental Epidemiology 2 (Suppl. 2): 155-174. 1992 (See Appendix A] .........................................................................11 IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA [34] Parliament House Smoking Policy Debated in New South Wales .......................................•-11 [35] Smoking Bans Adopted it•. Railway Stations and on Trains .................................................... 1 1 [36] Local Council Adopts Smoking Ban ......................................................................................1 1 CANADA [37] North York Considers Tougher Smoking Restrictions ........................................................... 12 PHILIPPINES [38] Manila Adopts Street Corner Jails to Enforce Smoking Laws ................................................. 12 TA1wAN [39] Legislature Considers Tobacco Hazards Control Act ............................................................. 12

Contents Continued, Issue 46 UNITED KJNGDOM [40] More Action Considered by Local Governments on Smoking Issue ....................................... 12 ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AUSrxALIA (411 Tobacco Inrrirate ofAustrralia Ltd. v. Austra4an Federation of Conrymn Organuatrora Inc. (Australian High Court) (appeal filed April' 1. 1993) ................................. 12 OTHER DEVELOPMENTS AUSTRALIA [42] Restaurant Smoking Policies Stir Debate ..................................................••••.••--•••--•-.-•••-•-••--.13 [43] Landmark Shopping Complex to Ban Smoking ....................................................•....•••--•••-... 13 (441 Chinatown Restaurants Experiment With Smoking Restrictions ...........................................13 BELGIUM (45] Tobacco Information Centre Begins Courtesy Campaign on Smoking .................................. 13 CANADA [46) IAQ Becomes Marketing Tool for Commercial Building Managers ....................................... 13 (47) Train Smoking Bans Announced ........................................................................................... 13 INDIA [48) Doctors Call for Declaration About ETS ............................................................................... 13 JAPAN [49] Nonsmoking,Businessman Fined for Assault on Airline Cabin Crew ..................................... 14 UNITED KINGDOM (50] Antismoking Activists Seek ETS Legislation ...................................................••-•••••-••••••-•-••••• 14 (51] Unusual Coalition Seeks to Overturn Railway Smoking Ban ................................................. 14 APPENDIX A .................................................................................................... ............................... Article Summaries APPENDIX B .................................................................................................... .............Anderson Expcrt Designation APPENDIX C .................................................................................................... .................................... ASH Handout

APRIL 30. 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. CONGRESS [1 ] Updates on Federal ETS/IAQ Legislation; Hearing Held on H.R 881 In the four months since the 103d Congress convened, a number of measures relating to ETS/IAQ have been introduced. They indude "PRO-IQDS" (H.R 710, S. 261), "PRO-FEDS" (S. 262), the Traficant "Ban on Smoking in Federal Buildings Act" (H.R. 881), and the "Indoor Air QualiryAct of 1993" (S. 656). A House measure on indoor air is expected to be introduced by Representative Joseph Kennedy II (D-Mass.) at any time. In addition, OSHA reform legislation has been intro- duced in both the House and Senate (H.R. 1280, S. 575). Although this legislation does not require IAQinvestiga- tions or the development of an IAQ standard, the House version of the bill would set a threshold for a finding of significant risk for suspected carcinogens in the workplace at one in a million. Only the Traficant measure has been the subject of Congressional hearings. Hearings were held on H.R. 881 on February 23 and March 11. See issues 42 and 43 of this Report, March 5 and 19, 1993. And again, on April 22, 1993, the House Public Buildings and Grounds Subcommittee convened to take testimony on the bill. Testifying at this hearing were Dr. John Hoyt of the Society of Critical Care Medicine; Dr. Alfred Munzer of the Coalition on Smoking OR Health; Dr. Gio Gori; and Gray Robertson of Healthy Buildings International (HBI); Lawrence Rogers, Director of the Department of Labor's Office of Workers' Compensation Programs; David Zeigler, Acting OSHA Administrator; and Dr. Douglas Dockery of the Harvard School of Public Health. The OSHA officials did not provide any new infor- ination regarding OSHA's plans for an ETS regulation, but they did testify that concerns about the alleged health effects of ETS were not likely to lead to in- creased liability exposure for the federal government. Specifically, Lawrence Rogers observed that relatively few workers' compensation claims have been filed against the federal government on the basis of alleged ETS-related injuries, and that such claims should actually decrease in the future in light of the restrictive smoking policies that have already been adopted in federal workplaces. Representative Traficant repeatedly asked Rogers about the issue of increasing future ETS compensation awards, but Rogers refused to modify his opinion. Rogers did agree, however, to provide for the record calculations of the costs associated with handling claims filed through the federal workers' compensation program. Dr. Gio Gori and Gray Robertson appeared at the hearing on behalf of the Tobacco Institute. Gori testified about problems with the EPA Risk Assessment on ETS, and Robertson discussed the role of ETS in IAQ Subcommittee member John Tucker (D-Cal.) remarked that HBI's approach seemed reasonable from both sides of the workplace smoking debate. Represen- tative Bill Emerson (R-Mo.), another member of the subcommittee, submitted into the record a legal analysis prepared by Covington & Burling, which suggests that liability exposure is unlikely to increase based solely on the EPA Risk Assessment on ETS. The hearing conduded without an indication from the subcommittee when the bill would be considered fmher. U.S. ENViRONMENTAL PROTECTION AGENCY (EPA) [2] "The EPA Report: Why the Tobacco Control World Will Never be the Same," David M. Burns, Tobacco Control2(1): 3-4 Declaring the EPA Risk Assessment on ETS as "the beginning of a new era in tobacco control," a doctor who participated in the review and approval of the risk

2 assessment claims the scientific community has reached a consensus on these three points: • "ETS exposure causes lung cancer. •"Levels of ETS exposure that commonly occur in the work environment and other public places result in a risk of lung cancer several hundred times greater than the risk from any other carcinogen currently allowed in the occupational environment. •"The practical approach for reduction of ETS exposure to levels that generate risks comparable to other regulated environmental carcinogens is to eliminate smoking completely from indoor environments." These points appear in an editorial in the most recent issue of Tobacco ControZ a journal devoted to anti- smoking positions. The author of the editorial is David Burns, an associate professor of medicine at the University of California in San Diego and a consultant to the EPA Science Advisory Board committee that reviewed and approved the risk assessment. "The EPA and its staff are to be congratulated for the production of a truly outstanding scientific document and for having the political courage to persist in the effort to complete its review in the face of a determined effort by the tobacco companies to alter its conclusions and prevent its release," Burns asserts. He urges the "tobacco control community" to use the risk assess- ment to shape public policy and eliminate smoking from all public environments. [3] EPA to Study Carpet Emissions According to a recent press report, EPA will begin formal testing to determine whether carpets cause neurological effects in laboratory mice. The study will reportedly "parallel" research already conducted by Anderson Laboratories in an attempt to duplicate the laboratory's findings. Results from the first phase of the three-phase project are expected to be completed and ready for peer review in late spring. EPA will apparently accept public comment at that time. The carpet industry reportedly will not be participating in the project. See Indoor Air Quality Update, April' 1993. Anderson Laboratories has reported that it tested more than 100 carpets submitted by individuals who ETS/IAQ REPORT, ISSUE 46 had health complaints that they attributed to the carpets. Mice exposed to the carpets reportedly showed sensory irritation, pulmonary irritation, neuromuscular effects. In some instances, the animals died. sAnderson named expeR witness in 8ahura. lhm 8. STATE AND LOCAL GOVERNM£NTS [4] ETS-Related State and Local Legislative Activi- ties • California California Assemblyman Curtis Tucker, Jr., is report- edly planning to introduce antismoking legislation in the state assembly that would establish statewide smoking restrictions and preempt tougher local laws on smoking. Critics of the measure say it would benefit the tobacco industry. According to a spokeswoman for the American Heart Association, the bill is "a piece of Swiss cheese, and we've seen all the pieces before." Evidently, a similar measure was introduced in 1991, but failed to dear an Assembly committee after opponents leaked a document alleging that the Assembly Speaker had suggested the strategy of trading some restrictions for statewide preemp- tion at the behest of tobacco companies. See San Francisco Chronicle, April 13,1993. • Local Governments in Kansas According to a news report, the Overland Park Citizen Advisory Council on Environmental Issues is propos- ing a ban on smoking in restaurants and businesses. A public hearing will be held July 7, 1993, after which the matter could be considered by the full City Coun- cil. The proposal is opposed by the Kansas Restaurant and Hospitality Association. An Association spokesman was reported to say that restaurants have spent thou- sands of dollars to ventilate smoking areas and to make sure nonsmokers are adequately accommodated. "We just don't get complaints," he was quoted to say. See The Kansas City Star, April 21, 1993. • Local Governments in California According to a news report, the Moorpark City Council is considering a smoking ban in nearly all enclosed public places. The Council has delayed a decision until all businesses in the city could be notified and residents alerted. A public hearing is scheduled for May 19. The proposed ban would prohibit smoking in elevators, buses, taxis, restrooms,

APRIL 30; 1993 retail stores, restaurants (with the exception of some outdoor seating and indoor cocktail lounges), theaters and all areas of public assembly. Employers must inform employees that smoking is prohibited in all enclosed facilities without exception. The Mayor was quoted to say, "If you read the body of information that's out there now on smoking, it s overwhelming. I can't in good conscience continue not to be affected by these overwhelmingly disturbing reports that are coming from the medical community." See Los Angeles Times, April 25, 1993. Another news report states that the Fresno City Council has voted 4 to 3 to ban smoking in most restaurants. Citing recent studies on the alleged health risks of ETS, the Council strengthened a 1987 ordi- nance that prohibited smoking in most public build- ings and required restaurants to set aside 50 percent of the dining areas for nonsmokers. Smoking will con- tinue to be permitted in bars, bowling alleys and billiard rooms. See LosAngrles Times, Apri122, 1993. • Hawaii A bill is awaiting the signature of Governor John Waihee (D). The bill prohibits smoking in all group child care homes, group child care centers and family child care homes during their hours of operation. SerS.B. 831, 17th Legislative Session - 1st Reg. Sess. (1993). • Local Governments in Texas According to a news report, Dallas school district trustees banned smoking throughout the school district starting in the fall, 1993. The policy prohibits the use of any tobacco product in schools, district buildings, and other school property, including vehicles and sports facilities. According to the report several of the trustees said that the release of the recent EPA Risk Assessment made any delay of the ban "unsafe." One trustee was quoted to say, "To hold students hostage in a building with passive smoke is an incorrect thing to do." See The Dallas Morning Neu,,4 Apri122, 1993. [51 IAQ Related State and Local Legislation • New York According to a news report, a bill was introduced on April 23, 1993, that would give currently voluntary ventilation standards the force of law in all public and private nonresidential buildings with 25,000 square feet or more floor space. Buildings would either have to be upgraded to 3 allow more fresh air or have to have sources of pollution reduced. See Nnrnday, Apri123, 1993. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [6] Broin: Lorillard Renews Motion for Sanctions Lorillard has renewed its motion for sanctions against eight plaintiffs who still have not made complete responses to the written discovery served by Lorillard in June 1992. A hearing has been scheduled for May 11, 1993. In other proceedings in the trial court, Judge Robert Kaye granted defendants' motion to compel discovery of plain- tiffs' medical records on April 20. The depositions of plaintiffs Gary Hayes and Valerie Gibson, scheduled for Apri12G and May 17, have been rancelled. On Apra 23, 1993, as scheduled, the Third District Court of Appeal heard oral argument on plaintiffs' appeal of the trial court's order dismissing the class action allegations of plaintiffs' complaint. The court's decision could be announced at any time. The appeals court still has not indicated whether it will entertain oral argument on defendant's petition for certiorari. The certiorari petition seeks review of the trial court's denial of a protective order concerning notices to depose senior executives of six defendants. At issue in this case are the claims of 30 flight attendants allegedly injured by occupational exposure to ETS. In addition, the husband of one of the flight attendants daims loss of consortium The 30 attendants purport to represent a class of approximately 60,000 other attendants. The injuries alleged by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. Plaintiffs further allege that occupa- tional exposure to ETS on board aircraft causes at least 22 diseases and a reasonable fear of contracting such diseases. The defendants are purported to be the six major U.S. cigarette manufacturers (plus related enti- ties), UST, Inc., United States Tobacco Co., Dosal Tobacco Corp., the Council for Tobacco Research, The Tobacco Institute, and three other trade associations. Broin, et aL v. Philip Morris, et aL (Circuit Court, Dade County, Florida) (filed October 31, 1991).

4 [7] ZwiUman: Plaintiff Says He Will Dismiss Case Contacted by telephone during a hearing on April 16, plaintiff Wolf Zwillman said he will voluntarily dismiss this case with prejudice. This development moots the motion to withdraw filed by plaintiffs' counsel, the court said. As of this writing, an order of dismissal had not yet been entered. This originally was a smoking-and-health case filed pro se by Wolf Zwillman for himself and as the per- sonal representative of his wife, Marjorie, a smoker who allegedly died in 1989 of lung cancer. ETS daims were added in an amended complaint. In March 1993, the court granted defendant's dispositive motions, giving plaintiff leave to reassert some of its claims against defendants Brooke Group, Ltd., and The American Tobacco Company: Brooke Group is the successor corporation to Liggett & Myers. Zwillman v. Brooke Group Ltd., et al. (U.S. District Court, New Jersey) (filed February 15, 1991; second amended complaint adding ETS claims filed February 13, 1992). ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS IAQ: CARPET EMISSIONS [81 Howell v. Shaw Industries, lnc., 93-CV-2068 (U.S. District Court, Eastern District, Pennsyl- vania) (filed April 19, 1993) Purporting to represent a class of more than 100,000 persons, three plaintiffs have sued the largest carpeting manufacturers in the United States and their trade association for damages allegedly caused by toxic emissions from carpeting. Asserting claims for breach of warranty, negligence, failure to provide adequate warnings to consumers, false advertising, and violations of state and federal laws, the complaint names as defendants Shaw Industries, Inc., Beau Lieu of America, Inc., World Carpets, Inc., and The Carpet and Rug Institute. The class which plaintiffs purport to represent includes all individuals and entities in the United States that have purchased from defendants "carpeting ... containing volatile organic compounds" since ETS/IAQ REPORT, ISSUE 46 January 1, 1980. Within that class is a"personal injury subclass" of individuals who allegedly have "suffered physical and/or psychological injuries from exposure to the carpeting," plaintiffs claim. According to the complaint, the carpeting manufac- tured by the defendants contains toxic chemicals such as benzene, styrene and "4-PC," which have allegedly caused personal injuries and property damage to thousands of consumers throughout the United States. The plaintiffs claim that the defendants have concealed information regarding the purported dangers of chemical emissions from carpeting and have misled the public by disseminating assurances that carpeting is environmentally safe. Although the named plaintiffs' specific injuries are not averred, the complaint includes the following injuries as "reported health effects of carpeting and other indoor air pollutants": respiratory illness, head- aches, sleeplessness and fatigue, nausea, vomiting, skin rashes, irritation of the eyes, nose and throat, development of immune system problems and aggravation of previous conditions. The complaint further avers that carpet factory workers have a higher than normal incidence of lymphocytic, bladder, bowel and thyroid cancers. The plaintifls seek compensatory damages, punitive damages, injunctive relief, and a medical monitoring fund. The suit was filed byattomeys Joseph C. Kohn of Philadelphia and Barry F. Greenberg of Bridgeport, PA. During the recently conducted Indoor Environment '93 conference in Baltimore, Maryland, the subject of carpet emissions attracted media attention and partici- pant interest. The keynote speaker, U.S. Representative Al Bernard Sanders (I-Vt.), who is working with Representative Joseph Kennedy II (D-Mass.) on federal IAQ legislation, focused primarily upon toxic carpet emissions during his luncheon address. A subsequent session, featuring a dialogue between researcher Rosalind Anderson, PhD., whose tests of carpet samples produced convulsions and death in ~ mice, and representatives of the carpet industry, was well attended. Anderson has been named as plaintiffs' indoor air quality expert in Bahura v. SE'lY/tnvrstors, the IAQ lawsuit involving EPA's national headquarters building. According to court records, she is expected to testify that testing on building carpets caused neurological damage to mice and that those results can be "directly I

APRIL 30, 1993 correlated" to humans. A copy of the court filing in which she is designated is attached as Appendix B. >EPA wiN try to dupUcate Anderson's fidinas. ltem 3. slndoor Environment'93 conference detais. ftem 20. WORKPLACE: HANDICAP DISCRIMINATION [9] Hinman v. Yakima School District No. 7, 1993 Wash. App. LEXIS 153 (Washington Court of Appeals) (decided April 20, 1993) An appeals court in the state of Washington has denied summary judgment to the defendant school district in a case involving a guidance counselor's handicap discrimination claim which was based upon her alleged sensitivity to ETS. The state statute on which plaintiff's claim is based prohibits employment discrimination because of "the presence of any sensory, mental, or physical handicap." According to the appellate court, plaintiff Helen Hinman has a history of asthma which is aggravated by ETS. Her office was located some 35 feet from the school smoking lounge. Measures taken to keep the smoke confined to the lounge and to limit Hinman's exposure were ineffective, and Hinman eventually took medical leave due to asthma. The school district asked her to return to work and promised that the smoking lounge would be moved. The lounge was not moved and Hinman was hospitalized for ventilation and treatment of her asthmatic condition. She finally asked for and received a transfer to another building. Hinman recovered industrial insurance benefits for what the Department of Labor and Industries deter- mined was an occupational disease, i.e., aggravation of chronic bronchial asthma, caused by workplace exposure to ETS. The issues before the court of appeals in the handicap discrimination case were whether Hinman's claim was out of time under the relevant statute of limitations and whether the exclusivity provision of the industrial insurance act barred her handicap discrimination claim. Answering both questions in the negative and finding a genuine issue of material fact as to whether Hinman sustained injuries different from the physical injury allegedly caused by deliberately discriminatory acts, the court of appeals remanded the case for trial. 5 At trial, Hinman will have to prove that the school district failed to provide her with a safe and healthful workplace and did not reasonably accommodate her handicap. The court futther ruled, should Hinman prevail at trial, that her industrial insurance benefits may be deducted from her discrimination damages if necessary to prevent double recovery. WORKPLACE: COLLECTIVE BARGAINING [10] Newark Ya11ry Central School District v. Public Employment Relations Board 1993 N.Y. App. Div. LEXIS 3729 (Supreme Court of New York, Appellate Division) (decided April 15, 1993) The Appellate Division of the New York Supreme Court has reversed a decision of the supreme court which ruled that banning smoking by bus drivers on school buses even while students are not present was not a matter for collective bargaining. The school district petitioner in the case had established a smoking policy in March 1990 by which the Public Health Law would be promoted and bus drivers would not be permitted to smoke at any time on school buses. The school district refused to negotiate the issue and the drivers filed an improper practice charge, alleging a violation of the Civil Service Law. The appellate court ruled that the provisions of the Education and Public Health Laws about smoking preempted any collective bargaining agreement when students are present on the buses, and also determined that there was no preemp- tion when studenu are not present. Thus, the court held that the school district was required to negotiate this part of its policy. [I 1] In re.• Department of Health and Human Ser- vices/SSA and Loca13172, American Federation of Government Employees, AFL-CIO, 1993 WL 106970 (Federal Service Impasses Panel) (decided Apri17, 1993) Union workers filed a request for assistance with the Federal Service Impasses Panel when their employer refused to increase the ventilation in a new office location from 5 to 10 cubic feet per minute (CFM) of outside air per person. The panel refused to grant the union request for relief in spite of evidence that ASHRAE now recommends a rate of 20 CFM for office space. "In our view," the panel stated, "[the