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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS June 11, 1993

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS • Secretary Reich will replace all members of an OSHA advisory committee, p. 1. • Three recent arrides are critical of EPA Risk Assessment on ETS, p. 1. • U.S. Postal Service bans smoking in all 40,000 offices, p. 2. ETS-IZEIATED LITIGATION AGAINST CIGARETTE MANUFACTURERS • Defendants' petition for writ of certiorari in Broin is denied, p. 5. • ETS workplace exposure suit Dunn is filed in Indiana, p. 5. • Prisoner Voth files ETS lawsuit in Indiana, p. 6. ETS/IAQ LITIGATION' NOT INVOLVING CIGARETTE MANUFACTURERS • Eighth Amendment class action Burnris decided, p. 7. • Fifth SBS lawsuit is filed against renovators of Bryn Mawr, Spungnt, p. 7. LEGAL ISSUES AND DEVELOPMENTS • Asthmatics say they are protected under ADA, p. 8. OTHER DEVELOPMENTSIMEDIA COVERAGE • Minor League Baseball bans smoking, p. 8. • "Frequent Fliers Saying Fresh Air is Awfully Thin at 30,000 Feet," p. 9. SCIENTIFICITECHNICAL ITEMS • Coverage of upcoming meetings and new scientific studies starts on p. 10. ISSUE 49 IN EUROPE & AROUIVD THE WORLD REGULATORY AND LEGISLATIVE MATTERS • Activity in Australia, Canada, Cyprus, Kenya and Sweden, p. 12. ETS-.IZFIATED LITIGATION INVOLVING CIGAREITE MANUFACTURERS • AFCO discontinues its appeal, p. 14. ETS-RElATED LITIGATION NbT INVOLVING CIGARE7TEMANUFACTURERS • German court says matter cannot be legally barred from smoking around her children, p. 14. • Wright v. Ladbrokes is decided in U.K., p. 14. LEGAL ISSUES AND DEVELOPMENTS • Australia ASH warns employers about alleged link between ETS and cervical cancer, p. 14. OTHER DEVELOPMENTSIMEDIA COVERAGE • WHO releases new report on alleged risk of ETS exposure, p. 16. • WHO's No-Tobacco Day: activities from around the world, p. 16. • SAS airlines abandons trial smoking ban, p. 17. •°Smoking Ban May Snuff Out Jobs, Foes Say," p. 18.

- TABLE OF CONTENTS - Issue 49 June 11, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. OccuPAnOlvA1. SwFE7Y AND HFAI.TH ADMINISTRATION (OSHA) [ 1] [2) Labor Secretary Moves to Recast OSHA National Advisory Committee ..................................1 Task Force Formed to Study Proposed Reform Legislation ...................................................... l U.S. ENVIRONMENTAL PROTECTION AGENCY [3] Congressman Writes Article Critical of EPA Risk Assessment on ETS ..................................... 1 [4] EPA Criticized for "Faulry" Science .........................................................................................2 [5] "Weird Science," L.N. Smith, Orange County Register. May 23, 1993 ...................................... 2 U.S. PosrAL SERVICE [6] Post Offices Ordered to Ban Smoking ................................•-...................................................2 103D CONGRESS (7] Senate Subcommittee Takes Testimony on IAQ B il I .................................................................................................... ............................... 2 WHPrE HOUSE [8] Administration Urged to Address Environmental Disease in Health Care Reform ...................3 ASHRAE [9] SSPC 62 Meeting Still Scheduled for June 27 .........................................................................3 STATE AND LOCAL GOVERNMENTS [10] [11] Laws Ban Smoking in Bars .................................................................................................... ..4 ETS-Related State and Local Legislation ..................................................................................4 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [12] Broin: Court of Appeal Denies Defendants' Certiorari Petition ...............................................5 [13] Butler: Report on May 28 Status Hearing ................................................................................ 5 (14] Dunn: New ETS Case Filed in Indiana ....................................................................................5 [,15] McKinney: Motions to Dismiss Granted ..................................................................................6 [16] Vcth: New ETS Prisoner Case Filed In Oregon .......................................................................6 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS [17] Smedley v. Capps, Staplrs, Ward Hastings and Dod.ron, 1993 U.S. Dist. LEXIS 6633 (U.S. District Court, Northern District, California) (decided May 18, 1993) .....................•••••6 Wo1tKPLACE: JONES ACT [18) Smith v. GulfOil Company, 1993 U.S. App. I.FJQS 12986 (U.S. Court of Appeals, Sixth Circuit) (decided June 3. 1993) .............................•---.....................................................7 PRISONER CASE (19] Burns v. Sumner, 1993 U.S. App. LEXIS 12877 (U.S. Court of Appeals, Ninth Circuit) (decided May 21. 1993) .................................................................................................... ......7 WORKPIACE: IAQISICK BUILDING SYNDROME [20] [21] Spurrgrn v. Voitb dMacTavisb (Philadelphia County Court of Common Pleas. Pennsylvania) (filed March 1993) ............................................................................................7 Wat.osu v. Oklafiorna Dapt. of Veterans Affairs (Rogers County District Court, Oklahoma) (filed April 20, 1993) ............................................................................................8 LEGAL ISSUES AND DEVELOPMENTS [22] "RCRA, TSCA, and Other Hazardous Waste and Toxic Tort Devebpments," ~ E.D. Elliott & A.B. Horowitz, ALI-ABA Course of Study, Environnsrntal Lau, February 11, 1993 ...................................................................................8 ~ (23) Asthmatics Plan to Fight Smoking ...........................................................................................8 ~ [24] Architects' Approval Required in Some Sutes ..........................................................................8 ~ [25] Daubert Remains Pending in U.S. Supreme Court ..................................................................8 Q W

Contents Continued, Issue 49 OTHER DEVELOPMENTS [26] Minor League Baseball Bans Smoking .....................................................................................8 [27] Smaller Companies Deal With Smoking in the Workplace ......................................................9 (28] Antismoking Organization Holds Conference .........................................................................9 [29] Cab Driver Shoou Gun at Smoking Passenger ........................................................................9 MEDIA COVERAGE [30) `Children, Elderly Especially Vulnerable to Secondhand Smoke," [31] D. Anderson, Star Tribune, May 25. 1993 ...............................................................................9 "Frequent Fliers Saying Fresh Air is Awfully Thin at 30,000 Feet," [32) M. Tolchin, New York Timei, June 6, 1993 .............................................................................9 "Environmental Fear-Mongers Exposed," S.F. Singer, Wall SlrestJouurn4 Apri128, 1993 ............ 9 [33] Television Commercial Airs on Dangers of ETS ....................................................................10 SCIENTIFIGTECHNTCAL ITEMS UPCOMING MEETINGS [34) "ASHRAE Indoor Air Qualiry'93: Operating and Maintaining Buildings for Health, Comfort and Productivity," Philadelphia, Pennsylvania, November 7-10, 1993.................... 10 [35] "Second Annual IAQ Conference and Exposition," Tampa, Florida, May 5-7, 1994 ............. 10 [36] "Contemporary Concepts of Indoor Air Quality," Ankara, Turkey, November 11-13,1993 ....-.10 LUNG CANCER [37] "The Hazards of Passive - and Active - Smoking," P. Boyle, New EnglartdJournal ofMedicine 328(28): 1708-1709, 1993 [See Appendix A] ...................................................... 10 CARDIOVASCULAR ISSUES [38] "A Critique of the Methods Used to Assess the Toxic Effects on Man of Combustion Products," D.F. Weecman. in: Indoor Air Qualiry in Asia. B.R. Reverence, D.F. Wcetman, and M. Wongphanich (eds.): Proceedings of IAI Congress, Bangkok, Thailand, November 28-29, 1991. Tyne and Wear, Jasprint Ltd., 275-285, 1993 [See Appendix A] ..........................................................................................10 RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [39) "Associacion Between Exposure to Environmental Tobacco Smoke and Exacerbations of Asthma in Children," B.A. Chilmonczyk, LM. Salmun, K.N. Megathlin, LM. Neveux, G.E. Palomaki, G.J. Knight, A.J. Pulkkinen, and J.E. Haddow, New EnglandJournal ofMedicitte 328(23): 1665-1669, 1993 [See Appendix A) .................... 11 [40] "Further Analyses of the Role of Confounding Variables in Epidemiologic Studies of Environmental Tobacco Smoke and the Respiratory System in School-Age Children," R.J. Witorsch, J.M. Wu, RD. Hood, and P. Wicorsch. In: Indoor Air QuaGty in Asia. B.R. Reverence, D.F. Weeanan, and M. Wongphanich (eds.). Proceedings of IAI Congress, Bangkok, Thailand, November 28-29, 1991. Tyne and Wear, Jasprint Ltd., 313-360, 1993 [See Appendix A] ...........................................11 OTHER HEALTH ISSUES (41] "Passive Smoking Is Associated with an Increased Risk of Developing Inflammatory Bowel Disease in Children," B.A. Lasher, N.J. Shaheen, S.B. Hanauer, and B.S. Kirschner, 1lmrrican Joasrttad of Gartroentrnvlagy 88(3)5 356-359, 1993 [See Appendix A] ........................ 11 INDOOR AIR QUALITY [42) "The Impact of Ventilation on Indoor Air Qualiry: Meeting Healeh Standards," LD. Holoomb and J.F. Peddry. In: Indoor Air Quality irt Aria. B.R. Reverence, D.F. Weetman, and M. Wongphanich (eds.). Proceedings of IAI Congress, Bangkok, Thailand, November 28-29, 1991. Tyne and Wear, Jasprint Ltd., 47-66, 1993 [See Appendix A] .........................................................................11 [43) Editorial Regarding'The Effect of Varying Levels of Outdoor-Air Supply on the Symptoms of Sick Building Syndrome," Menzies, R., Tamblyn, R., Farant, J.P., Hanley, J., Nunes, F., and Tamblyn, R, NewEnglandJournal ofMediciru 328(12): 821-827, 1993 ......................................................................................11

Contents Continued, Issue 49 STATISTICS AND RISKASSF.SSMENT [44] "Relating Risk Assessment and Risk Management: Complete Separation of the [45] Two Processes Is a Misconception," S. JasanofF. FJ'.'1 Jousnall9(1); 35-37, 1993 [See Appendix A) .................................................................................................... ...............12 "Relating Risk Assessment and Risk Managemenr. IFRisk ManagemensIs Broke, Why Fix Risk Assessment?" B.D. Goldstein, .BPAJo><rnal L9(1): 37-38, 1993 [See Appendix A] .................................................................................................... ...............12 IN EUROPE & AROUND THE WORLD REGULATORY & LEGISLATIVE MATTERS AUSTRALIA (46] Health Council Recommends IAQ Law ................................................................................12 CANADA [47] Tough New Bylaw on Smoking Adopted ..............................................................................12 [48] Parry Leaders Discuss Stands on Workplace Smoking ............................................................ 13 [49] Health Care Groups Charge Government Delay on Smoking Regulation .............................. 13 CYPRUS [50] Health Minister Seeks Tougher Antismoking Liws ............................................................... 13 EUROPEAN COMMUNITY (EC) [51] EC Healrh Council Discusses Smoking Ban ..........................................................................13 KENYA (52] Government Bans Smoking in Health Institutions ................................................................13 SVVEDEN [53] ParliamenrApproves Smoking Ban ........................................................................................13 ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [54) Tobacco Inttitute ofAurtralia Lad u AustraGan Federation ofConsumer Organisatiortt Inc. (Australian High Court) (appeal filed April 1, 1993) ............................................................. 14 ETS-RELATED LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS GERMANY [55] Court Decides Mother Can Smoke Near Childten ................................................................14 UNITED KINGDOM [56] Wright v. Ladbrokes (Industrial Tribunal, Birmingham) (Sled: December 20, 1991;. decided May 27, 1993) .................................................................................................... ......14 LEGAL ISSUES AND DEVELOPMENTS AUSTRALIA [57) ASH Warns Employers About Liability for Cervical Cancer .................................................. 14 OTHER DEVELOPMENTS AUSTRALIA [58] Prison Smoking Restrictions Adopted ..........................................................:.........................15 [59) New South Wales Trains Will Be Smoke Free .......................................................................15 [60]' Workplace Smoking Policies Surveyed in Victoria .................................................................15 FRANCE [61) Survey Shows Antismoking Campaigns arrLow Priority ....................................................... 15 GE1tMANY [62] 172 Year-old Smoking Ban Reversed .....................................................................................15 ~ HONG KoNG ~ [63] Nonsmokers' Rights Group Launched ...................................................................................15 ~ REPUBUC OF IRELAND - (64] ASH Launches Charter to Protect Children from ETS .......................................................... 15 JAPAN ~ [65) Ministry of Health and Welfare Releases Report on ETS ....................................................... 15

Contents Continued, Issue 49 UNITED KINGDOM [66] TDC Publishes Up-to-Date Information on International Smoking Restrictions ..................16 WoR1.D HEu.TH ORGANIZATION (WHO) [67) [68] [69] WHO Releases Report on Smoking and Health ................................................ _.................. 16 "World'No-Tobacco Day" Activities from Around the World ..............................••••••••••••-••--16 Second Edition of Legislative Guide is Releascd .....................................................................17 WoR1.D AIRI,[NE NEOr+ss [70] (71] [72] Australia .................................................................................................... ............................17 China .................................................................................................... ................................17 Japan ........................................................................_. ........................................................... [73] Scandinavia .................................................................................................... ........................17 [74] United Kingdom .................................................................................................... ...............17 (75) Vanuaru .................................................................................................... .............................18 MEDIA COVERAGE CANADA [76] "Smoking Ban May Snuff Out Jobs, Foes Say," S. Taylor, The Toronro Star, May 27, 1993 ....... 18 JAPAN [77] Japan: No Longer a Smoker's Paradise," P. Landers, Astotissed Prexf May 17, 1993 ............ 18 UNITED KINGDOM [78] "Are You Aiming for a Smoke-free Zone?," M. Hughes, &astAnglican Daily Times, May 12, 1993 .................................................................................................... ....................18 [79] "Smoke-free Offices Aim of New Awards Scheme," R. Rosrwdl, Irlr of Wight County F.t.a. May 1993 .................................................................................................... .................18 APPENDIX A .................................................................................._................. ............................Artide Summaries APPENDIX B .................................................................................................... ........................ Federal Register Notice APPENDIX C .................................................................................................... ............................ Rhineharr Statement

JUNE 11, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [1] Labor Secretary Moves to Recast OSHA Na- tional Advisory Committee Labor Secretary Robert Reich has asked for the resignations of all 12 members of the National Advi- sory Committee on Occupational Safety and Health and is soliciting the public to nominate new members. Nominations are due in OSHA's officcs by June 30, 1993. A copy of the request for nominations, which appeared in the June 1, 1993, Federal Regrster, is attached as Appendix B. The function of the committee is to advise both the Secretary of Labor and the Secretary of Health and Human Services on job safety and health matters. Committee members are slated to represent particular categories. Of the 12 members Reich will appoint, four will represent the public, two will represent manage- ment, two will represent labor, and two will represent occupational health. The current members of the committee were ap- pointed by former Labor Secretary Lynn Martin in January, during the last days of her term. Martin had been appointed by former President George Bush; Reich was appointed by President Bill Clinton to succeed Martin. In a letter to Martin's appointees, Reich reportedly said it was "both appropriate and necessary" for him to select his own team. Although the committee was not utilized during the Bush Administration, Reich is quoted as saying that he and HHS Secretary Donna Shalala "will be relying heavily on [the committee] for sound advice and guidance on how best to administer our nation's job safety and health programs in these times of great challenges and scarce resources." See Occupational Safety cr Health Reporter, June 2, 1993. • [2] Task Force Formed to Study Proposed Reform Legislation Labor Secretary Robert Reich reportedly announced at a hearing on the proposed Comprehensive Occupa- tional Safety and Health Reform Act (H.R 1280) that a task force has been formed to study the proposal. The task force apparently expects to present its report to Reich by September 1, 1993. The task force indudes representatives from OSHA, the Office of the Solicitor, the Department of Labor Office of Policy, the Office of Congressional Affairs, the Mine Safety and Health Administration and the Employment Standards Administration. Eight working groups will reportedly examine specific issues incorporated in the proposed legislation, includ- ing standards development, enforcement, coverage of the Occupational Safety and Health Act, data collec- tion, voluntary incentives, resources for the agency, safery and health programs and committees and employee rights. According to a press report, the task force has already met with groups outside the Labor Department to elicit a variety of views on the bill. See Daily Report fnr F.xecutives, June 2, 1993. U.S. ENVIRONMENTAL PROTECTION AGENCY [3] Congressman Writes Artide Critical of EPA Risk Assessment on ETS In this artidc, Rep. James Clyburn (D-SC) criticizes both the EPA Risk Assessment on ETS and the public response to implement "Draconian measures to reduce nonsmoker exposure to ETS." Clyburn points out that the EPA was forced to relax its own standards for statistical evaluation of data in order to demonstrate a statistically-significant increase in risk based on ETS exposure. He also notes that the study did not includc any data regarding ETS exposure in the workplace.

2 Clyburn suggests that because ETS accumulation is visible, it is being blamed for the effects of less visible pollutants, and the situation should be looked at as a comprehensive approach to indoor air quality. The use of better ventilation, air filters in smoking areas, or dedicated smoking lounges with local exhausts are ways to eliminate nonsmoker exposure to ETS without resorting to a total ban. [4] EPA Criticized for "Faulty" Science In an article critical of the positions taken by the EPA with regard to a number of allegedly hazardous sub- stances, the editors of Consumrrs'Research discuss the EPA Risk Assessment on ETS and conclude that it is based upon "unusual scientific methods." They also present the findings of the expert panel whose report, Safeguarding the Futurc Credible Science, Credible Decisions, casts doubt upon the quality of science used by the EPA to justify its decisions. The editors summarize the criticisms of the EPA risk assessment contained in a recent arcick that appeared in Investori'Buriiuss Daily. See issue 40 of this Report, February 5, 1993. The editors note that the low degree of risk associated with ETS exposure was acknowledged by Dr. Morton Lippmann, the head of the EPA risk assess- ment panel, and they discuss how the EPA used the controversial "meta-analysis" technique to pool results of disparate studies and how the EPA lowered the "confi- dence interval" from 95 to 90 percent in order to portray ETS exposure as a "highly significant risk." The artidt condudes: "Oftentimes, federal law is cited as the reason to apply parricularly strict regulations. But when the basis for any such approach comes into question from the authorities charged with protecting public health, people well might wonder how such caution can be serving their interests. ... Only with a sound scientific base behind our environmental regulations can we be sure such regulations will help rather than harm." Su Constrm- en'Rtswrh, May 1993. [5] "Weird Science," L.N. Smith, Orange County Regisctr, May 23,1993 The author of this editorial challenges the dive predic- tions that have been made by scientists who, the author contends, rrceive government funding to reach conclu- sions with political overtones. The article discusses the "recent EPA 'discoveries' on the effecrof'secondhand ETSIIAQ REPORT, ISSUE 49 smoking'" and notes that the risk to nonsmokers "was less (by an order or two of magnitude) than that associated with frying bacon a couple times a week or keeping a pet bird." In this regard, the author condudes, "[i]t's enough to make you wonder whether there was ever anything to the claim that smoking causes cancer." The author, LN. Smith, is the founder of the Libeitarian Second Amend- ment Caucus. U.S. POSTAL SERVICE [6] Post Offices Ordered to Ban Smoking According to a press report, the Postal Service ordered a smoking ban in all of its 40,000 buildings beginning June 13, 1993. The Postal Service employs 680,000 persons. Neither customers nor postal employees will be permitted to smoke indoors, and local postal managers will apparently have the option of banning smoking on postal property outside of postal buildings following consultation with employee representatives. The move was reportedly taken by the Postmaster General in response to the EPA Risk Assessment on ETS. See St. Louis Posr-Disparch, June 4, 1993. 1 03D CONGRESS [7] Senate Subcommittee Takes Testimony on IAQ Bill During the May 25, 1993, hearing on the Indoor Air Quality Act of 1993 (S. 656) held before a Senate subcommittee on dean air and nuclear regulation, testimony was taken from government, business, union, medical, and consumer witnesses. A summary of their testimony follows. • Congresr Representative Joseph Kennedy (D- Mass.), who has introduced similar legislation in the House (H.R. 1930), testified in strong support of the bill and asked for help in getting his legislation passed. He specifically called for research to estab- lish baseline toxicity levels for indoor air, and he emphasized that ventilation was an appropriate method for improving IAQ Set Gannett News Service, May 25, 1993. •.EI'A: Deputy Administrator Robert Sussman also strongly supported the bill. Saying indoor air quality is one of the most important emerging issues

JUNE 11, 1993 on the agency's agenda, Sussman agreed that the EPA should play a leadership role and should coordinate the efforts of other agencies. "Risk studies performed by EPA have consistently ranked indoor air pollution, including radon, among the top four environmental risks to public health," he said. See Gannett News Servicc, May 25, 1993. • American Lung Association: Dr. Thomas Godar, past president, stated that the ALA supports the measure and specifically endorsed the sections on research, ventilation, publication of health advisories, and the Council on Indoor Air Quality. His written state- ment included references to ETS as a "known carcinogen" and to the ASHRAE ventilation standard. His statement also induded an acknowl- edgment that "most indoor air quality problems can be eliminated when ventilation systems are designed correctly and function properly." See BNA Daily Report for Executives, May 26, 1993. • AFL-CIO Lynn Rhinehart testified in support of the legislation. Her written statement, attached as Appendix C, discussed the two basic approaches to indoor air quality problems, i.e., source control and building systems, and stated, "[t]he unions of the AFL-CIO tend to fall into the 'building systems' camp because this approach is more pragmatic and leads to faster results." She criticized the bill for being more rescarch-oriented than action-oriented and submitted to the subcommittee a copy of the draft IAQ regulations that are being developed by the state of Washington. Rhinehart also suggested that the bill be amended by adding provisions that OSHA promptly proceed with regulations on workplace IAQ and that OSHA's role in protecting workers from IAQ problems be outlined. See BNA Daily Rrport for Bxecutit+es, May 26, 1993. • BCIA: Paul Cammer of the Business Council on Indoor Air questioned the need for the legislation in light of existing programs and the possibility that OSHA may issue a rulemaking on general indoor air quality. According to Cammer, BCIA does not "oppose legislation, however, that would better clarify and coordinate federal research and other activities directed at cost-effective solutions to indoor air quality problems." BCIA supports a building systems approach to IAQ, and expressed concern about the "unnecessary alarm" that could 3 be raised by the health advisories required under the Senate bill. He argued that the health advisories would constitute "quasi risk assessments" and that they should therefore be subject to a high standard of scientific evidence. • Consumer Federation o, fAmcrica Mary Ellen Fise testified in support of the measure and observed that the provisions requiring health advisories and a national response plan represented the "cornerstone provisions" of the bill. WHITE HOUSE [8] Administration Urged to Address Environmen- tal Disease in Health Care Reform According to a press report, the Environmental Defense Fund (EDF) and Physicians for Social Re- sponsibility have sent a joint report to the Clinton administration's Health Care Reform Commission, advocating specific environmental and health measures to identify, treat and prevent a number of "environ- mentally related ailments" such as asthma. An EDF toxicologist is quoted as saying that the "health care reform debate thus far has completely ignored these issues and the potential cost savings that might be had in implementing basic environmental hazard preven- tion measures." The report, among other matters, suggests that chronic exposure to low levels of certain air pollutants may induce episodes of bronchoconstricrion and hyperreactivity. These air pollutants, according to the report, indude sulfur dioxide, particulates, ozone, radon, ETS, and solvents from synthetic fabrics and carpets. See BNA Narional Envimnment Daily, June 2, 1993. ASHRAE [9] SSPC 62 Meeting Still Scheduled for June 27 June 27, 1993, is the scheduled date for the next meeting of Standing Standards Project Committec 62 (SSPC 62), which is charged with revising ASHRAE Ventilation Standard 62-1989. Proposed changes to the standard are said to include a discussion of residen- tial ventilation, a section on HVAC operation and maintenance, and greater emphasis on a procedure to make adjustments to pollutant concentrations with

4 variable ventilation rates. A proposed outline for the revised standard, which reportedly was approved by the committee at its last meeting in January, is reprinted in the June issue of the Indoor Air Bulletin. The SSPC 62 meeting will be part of ASHRAE's annual meeting and will be held in Denver, Colorado. STATE AND LOCAL GOVERNMENTS [10] Laws Ban Smoking in Bars According to recent press reports, there are currently 40 U.S. cities which prohibit smoking in all public places except bars. There are however, two California cities, Davis and San Luis Obispo, whose no-smoking ordinances include bars. Such an ordinance has been proposed recently in Columbus, Ohio. The residents of Shasta County in California were out to vote on June 9, 1993, omwhether to prohibit smoking in bars, and the Vermont legislature has enacted a smoking ban which will eliminate smoking in bars by July 1, 1995. See Houston Chronicle, May 27, 1993. [11] ETS-Related State and Local Legislation • California According to news reports, two rival bills have passed the Assembly floor and now go to the Senate. A.B. 996 cleared the Assembly by a 43-33 margin on June 3, 1993; A.B. 13 passed the Assembly Floor on June 7. A.B. 996 would ban smoking in the workplace but exempts factories, warehouses, bars and any business with 15 or fewer employees. Restaurants with 50 or fewer seats would be exempt; larger restaurants would be allowed to set aside 30 percent of their area as a smoking section if ventilation meets ASHRAE Stan- dard 62-1989. The bill would also prevent any local ordinances passed after April 1 from taking effect unless they are less restrictive than the measure. For example, a recently proposed Los Angeles city ordi- nance prohibiting smoking in all indoor restaurants would be invalidated. A.B. 13 would prohibit smoking in all endosed workplaces, bars and restaurants, but would exempt liotd and motel rooms. See LosAngeles Times, June 4, 1993, Business Wire, June 7, 1993 and Sacramento Bee, June 8, 1993. • Local Governments in California According to a news report, the Fremont City Council supports an ordinance that would prohibit smoking in all ETS/IAQ REPORT, ISSUE 49 restaurants, bars within restaurants, and public and private workplaces. It also would prohibit cigarette giveaways and would allow cigarette vending machines only in bars. The Council has indicated it will support the ordinance being drafted for a vote toward the end of June. See The San Francisco ChroniA May 27,1993. The Los Angeles City Council reportedly voted on June 2, 1993, to prohibit smoking in all of the city's indoor restaurants. The proposal faces a final council vote and then goes to Mayor Tom Bradley. It would take effect 30 days after its final approval. The law would permit smoking in outdoor eating areu, at private functions and in bars. The councilman who sponsored the ban was quoted to say, "I truly believe that we will have a smoke-free society by the year 2000." See The Los Angdes Timrs, June 3, 1993, and ABC World News This Morning, June 3, 1993. • North Carolina According to a news report, legislation has been introduced requiring that all public buildings set aside at least 25 percent of their space for smoking sections. The bill's sponsor was reported to say that "it's an attempt to balance the rights of nonsmokers with the rights of smokers." The legislation would also prevent cities and counties in North Carolina from passing local laws after October 31, 1993, that restrict smok- ing. See NPR Morning Edition, June 1, 1993. • Local Governments in Ohio According to news reports, the Columbus and Franklin County boards of health have proposed to prohibit smoking inside all public buildings. A vote has not been scheduled yet. According to the report, the EPA Risk Assessment was the impetus for the proposal which will prohibit smoking in, among other places, hallways, resuooms, schools, restaurants, bars, indoor places of entertainment and recreation, retail stores, stadiums, child day-care centers, and malls. See Associ- ated Pras, May 25, 1993, and The Plain Dealer, May 27, 1993. • Tezas On May 4, 1993, the senate reportedly approved a bill that would prohibit smoking in all state buildings or during state public hearings. Until September 1, 1995, individual state agency executives may designate smoking areas, but as of that date all smoking will be prohibited. The bill now goes to the house for consid- eration. See The Dallas Morning News, May 5, 1993.