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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS June 25, 1993

REPORT ON I RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - • Tobacco interests file suit against EPA, p. 1. • U.S. Supreme Court decides MdGnnefi p. 8. • Deskicwicz is decided in favor of Philip Morris, p. 9. IN THE UNITED STATES REGUTATORY AND LEGISLATIVE MAT'TERS • EPA fails to replicate Anderson carpet study, P• 2. • PRO-FEDS bill advances through commit- tees; goes to full house, p. 3. • Clinton administration negotiating for international airline smoking ban, p. 4. • Postal workers file grievance after smoking ban imposed, p. 5. • Los Angeles City Council votes in favor of restaurant smoking ban, p. 5. ETS-RFIATED LI"IIGATION AGAINST CIGARETTE MANUFACTURERS • CEO depositions are stayed in Broin, p. 7. • Butkr set for trial in September 1994, p. 7. OTHER DEVELOPMENTSIMEDIA COVERAGE • AMA adopts resolution supporting bans, p. 11. • "Magic Carpets,'° p. 11. • "Health Agency Investigates Airplanes and TB Infections," . 11. SCIENTIFIClTECHNICAL ITEMS ISSUE 50 • "Passive Smoke Exposure During Preg- nancy: A Rodent Model," p. 12. • Six new studies on respiratory diseases and conditions in children, p. 12. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS • Austrian government officials reach agree- ment on tobacco legislation, p. 14. • Workplace smoking,ban is endorsed by EC Commissioner, p. 15. OTHER DEVELOPMENTS/MEDIA COVERAGE • Physician in Egypt calls on colleagues to stop smoking around patients, p. 14. • Swiss tobacco industry launches accommo- dation campaign, p. 15. • In the U.K, smoking is banned in all NHS hospitals, p. 15. •"By Order: No Smoking in Fumess," p. 15. m ~ 4D a CA Gn N

- TABLE OF CONTENTS - Issue 50' June 25, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. ENVIRONMENTAL PROTECi7oN AGENCY (EPA) [1] Special Report: Suit Against EPA Seeks to Nullify ETS Risk Assessment ................................. 1 [2] EPA Fails to Replicate Anderson Carpet Study Results ............................................................2 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICEs (HHS) [3] HHS Revises Draft Executive Order on Smoking ....................................................................2 VETERANS ADMINISTRATION (VA) [4] Costs Estimated for VA Compliance with Smoking Standards ................................................3 103D CONGRESS [5] Traficant Bill Approved by House Committee .........................................................................3 [6] Capitolhrchitecc To Announce Smoking Plan ........................................................................3 [7] House Preparing Legislation to Improve Risk Assessments ......................................................4 WHITE HOUSE [8] Administration Seeks Smoking Bans on International Flights ..................................................4 [9] Health Task Force Member Anticipates Federal Workplace Smoking Ban ...............................4 U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) [10] Labor Secretary Advocates Speedier Rulemaking .....................................................................4 U.S. POSTAL SERVICE [11) Post Office Smoking Ban Challenged ......................................................................................5 U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) [12] Joint Project Initiated to Study HVAC Systems and IAQ .....................................................•••5 STATE AND LOGL GOVERNMENTS [13) ETS-Related State and Local Legislation ..................................................................................5 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [14] Blanchard Hearing on Venue Motions to be Held on July 1 ...................................................6 [15] Broin: Rehearing Petition Filed; Depositions of Executives Stayed ......................................•....7 [16] Butler: Trial Date Set for September 5. 1994 ...........................................................................7 [17) Dunn: Defendants Granted Extensions to Respond to the Complain...................................... 8 [18] Uoth: Motion to Dismiss Filed .................................................................................................8 ETS/IAQ LITIGATION'NOT INVOLVING CIGARETTE MANUFACTURERS PRISONER CASE [19] Special Report: 1Yclling v. MclCnnry; 1993 WL 209628 (U.S. Supreme Court) (decided June 18. 1993) .................................................................................................... ......8 Woltla'LACE: CoL1ECfIVE BARGAINING [20] In the matter of Tyndall Air Force Bart. F/orida and Loca13290, American Federal ofGover»mentEmployea. AFL-CIO, 1993WL 184118 (Federal Service Impasses Panel) (decided May 25. 1993) ................................................................................................9 WORIQ'IACE: IAQ/SICK BUILDING SYNDROME [21] Weekley v. lrtdusnia! Commistion. 1993 111. App. LEXIS 866 (Second District Appellate Court, Illinois, Industrial Commission Division) (decided June 9. 1993) ...........•.--••--•.••-........9 LEGAL ISSUES AND DEVELOPMENTS [22) Special Report: Washington Court Denies Reimbursement of Former Smoker's [23] Alleged Quitting Expenses .................................................................................................... ...9 "Smoke Alarm," E. Hopkins. Mirabella, July 1993 ................................................................10 OTHER DEVELOPMENTS [24] Michigan Malls Rely Upon EPA Risk Assessment to Support Smoking Ban .......................... 10 [25] Kansas City Area Joins Debate Over Smoking in Public Places ...........................•.-••-..•...•......10 [26] Smoking Cessation Program Aims to Create Smoke-free Environment .................................. 10 (27) World Bank Employees Vote to Ban Smoking ......................................................................10

Contents Continued, Issue 50 [28] Los Angeles County High School Speech Contest Asks "Should Smoking be [29] Banned in Public Places?" .................................................................................................... ..10 AMA Supports Legislation Banning Tobacco ........................................................................ I I MEDIA COVERAGE 1301 "Magic Carpets," T.W. Orme, Ph.D., Priorititt, Winter 1993 ............................................... 11 [31] "Times Just Says No to Tobacco Advertising - Evidence of Danger'Overwhelming;'"'S. Wieland:Nogaki and H. Gupta, ThrSeattle Tfnur, June 14, 1993 ......................................... 11 [32] "Health Agency Investigates Airplanes and TB Infections," M. Tolchin, The New Yo.k Times, June 21, 1993 ......................................................................................11 SCIENTIFIC/TECffiVICAL ITEMS LUNG CANCER [33] "Meta-analysis of Epiderniological Studies of Carcinogenesis," J. Pero. In: Mechanisms ofCarrinogertesis in Risk Idrntifrcation. H. Vainio, P.N. Magee, D.B. McGregor, and A.J. McMichael (eds.)i Lyon, Intemational Agency for Research on Cancer, 571-577, 1992 [See Appendix A] ..........................................................11 RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [34] "Snoring, Sleep Disturbance, and Behaviour in 4-5 Year Olds" ............................................. 12 [35] "The Relationship of Nasal Disorders to Lower Respiratory Tract Symptoms and Illness in a Random Sample of Childten,* M.B. Barr, S.T. Weiss, M.R. Segal, I.B. Tager, and F.E. Speizer. Pediatric Pnlmonology 14: 91-94, 1992 [See Appendix A] ......... 12 (36] "IncreuedInBuencrof Passive Smoking on Hospitalization for Respiratory Disease in Low Birthweight Infants," Y. Chen„S.L. Home, and JA. Dosman, American Review ofRrtpiratory Disease 147(4 Part 2): A213, 1993 [See Appendix A] ............. 12 [37] "EfSectss of Early Vs. Late Environmental Tobacco Smoke Exposure on Pulmonary Function in Children," J. Cunningham, D.W. Dockery, and F.E. Speizer, American Review ofRetpiratory Disease 147(4 Part 2); A213, 1993 [See Appendix A] ............................ 12 [38] "Parental Smoking and Respiratory Problems in Childhood." J.-A. Evans and J. Golding. In: Effects of Smoking on the Fetus, Neonate and Child. D. Poswillo and E. Alberman (eds.). Oxford, Oxford UniaerrityPren, 121-137, 1992 [See Appendix A] ......... 12 [39] "Eight-months Incidence of Acute Respiratory Infections and Involuntary Smoking in Adolescents," D.B. Teculescu, E. Rebstock, Q.T. Phamj A.D. Cor1an, and J: P. Deschamps, American Review afRerpiratory Disease 147(4 Part 2): A134, 1993 [See Appendix A] .................................................................................................... ......12 RESPIRATORY DISEASES AND CONDITIONS -ADULTS [40] "Sidestream Tobacco Smoke (SS) Alters Regional Nasal Mucociljary Clearance: Comparison of Sensitive and Nonsensitive Subjeccs," J. Nadarajah, R. Bascom, T.K. Fitzgerald, M. Bickert, K. Cheng, T. Permutr, and D. Swift, American Review ofRespiratory Disease 147(4 Part 2): A216, 1993 [See Appendix A) ............. 13 OTHER HEALTH ISSUES [41] "Antenanl Smoking, Postnatal Passive Smoking, and the Sudden Infant Death Syndrome," J. Nicholl and A. O'Cathain. In: Effects of Smoking on the Fetus, Neonate and Child. D. Poswillo and E. Alberman (eds.). Oxford, Oxfard Unirxrsiry Prest, 138-149, 1992 [See Appendix A] ..................................................... 13 ETS EXPOSURE AND MONITORING (42] "Passive Smoke Exposure During Pregnancy: A Rodent Model," D.M. Schilling, M.R. Reed, R.M. Booze, and C.F. Mactutus, TcratoloV 47: 462, 1993 [SK Appendix A] ....13 INDOOR AIR QUALITY [43] "Indoor Air Quality and Environmental Tobacco Smok.r. Concentration and Exposure: ' L.C. Holcomb, Environment Internatiorral 19: 9-40, 1993 [See Appendix A] ....... 13 SMOKING POLICIES AND RELATED ISSUES [44] "Restrictions on Smoking: Changes in Knowledge, Attitudes and Predicted Behaviour in Metropolitan Toronto from 1983 to 1988;" L.L. Pedetxon, S.B. Bull, M.J. Ashley„and D. Kozrna, CanadianJourrtal ofPubGc Hsalth 83(6): 4a8-412, 1992 [See Appendix A] .....................................................................13

Contents Continued, Issue 50 ,JROPE & AROUND THE WORLD stEGULATORY AND LEGISLATIVE MATTERS AUSTRU [45] Agreement Reached by Government Officials on Tobacco Legislation ..................................14 EUROPFAN COMMUNITY (EC) [46] EC Commissioner Endotscs Workplace Smoking Ban ........................................................... 1 HONG KONG [47] Hong Kong Government Examines Indoor Air Quality ........................................................ 14 SINGAPORE [48] Health Warnings to Change ..................................................................................................14 OTHER DEVELOPMENTS AUsT1tAL1A [49] EGYPT [50) ITALY [51] Woodward Predicts Widespread Smoking Bans Within Five Years ........................................ 14 Physician Calls for Smoking Ban ...........................................................................................14 Oncology Institute Official Calls for More Research .............................................................. 14 SvvtrzEnl.+ND [52] Tobacco Industry Launches Press Campaign .........................................................................15 UNITFD KINGDOM [53) Health Education Authority Targets Workplace Smoking ..................................................... 15 [54] Smoking Ban Takes Effect in NHS Facilities .........................................................................15 MEDIA COVERAGE UNITED KINGDOM [55) "By Order: No Smoking In Furness," D. Kermode. North Western EveningMai4 May 20, 1993 ........................ ............................................................................................... ...............................15 APPENDIX A .................................................................................................... .................................Artide Summaries APPENDIX B .................................................................................................... ........................ComptainrAgainst EPA APPENDIX' C .................................................................................................... .................. The Washington Post Artide

JUNE 25, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. ENVIRONMEN?I'AL PROTECTION AGENCY (EPA) [1] Special Report: Suit Against EPA Seeks to Nullify ETS Risk Assessment A group of tobacco-related organizations sued the EPA on June 22, 1993, seeking a judgment requiring EPA to withdraw both its classification of ETS as a Group A carcinogen and the Risk Assessment on which that dassification was based. In four counts, plaintiffs' complaint charges EPA with (i) exceeding its statutory authority in conducting the risk assessment; (ii) using faulty science and improper scientific procedures to arrive at its conclusions; (iii) failing to follow its own risk-assessment guidelines; and (iv) violating the guarantee of due process of law in the Fifth Amend- ment to the U.S. Constitution. The six plaintiffs in the suit are the Flue-Cured Tobacco Cooperative Stabilization Corporation; The Council for Burley Tobacco, Inc.; the Universal Leaf Tobacco Company, Incorporated; Philip Morris Incorporated; R.J. Reynolds Tobacco Company; and Gallins Vending Company. The case was filed in the U.S. District Court for the Middle District of North Carolina. Flue-Cured Tobacco Cooperativr Sxabiliwtion Corporation, et aL, v. EPA, No. 6:93CV370 (U.S. District Court, Middle District, North Carolina) (filed June 22, 1993). Appendix B contains a copy of the plaintiffs' com- plaint, and Appendix C contains a copy of an article about the case from The Washington Post. On the subject of authority, plaintiffs' complaint alleges that EPA never had authority to classify ETS under its carcinogen-classification guidelines and that, in any event, EPA failed to follow the requirements of the Radon Gas and Indoor Air Quality Research Act, 42 U.S.C. g 7401, note. That is the statute on which EPA relied in conducting the risk assessment. When the risk asscssment was released on January 7, 1993, EPA Administrator William Reilly acknowl- edged that his agency did not have authority to regulate indoor air quality or environmental tobacco smoke. Nevertheless, Reilly made it clear that EPA intended that the risk assessment have a regulatory impact when he expressed the hope that "no further action by any government agency will be necessary to create a smoke-free office environment" other than the EPA classification of ETS as a Group A carcinogen. On the subject of science, plaintiffs allege that EPA's designation of ETS as a Group A carcinogen was arbitrary and capricious, principally because the classification is not supported by ETS epidemiology and is not justified by EPA's attempts to use main- stream smoke as a surrogate for ETS. "EPA was able to reach its condusion only by manipulating and 'cherry- picking' data, ignoring critical statistical studies and chemical analyses, failing to account for confounding factors and sources of bias, violating basic statistical principles designed to minimize the possibility that an apparent association is due to chance," and using scientific assumptions and methodologies not generally accepted by the scientific community or even the agency itself in other risk assessments it has conducted, the complaint alleges. "The single most egregious abuse was the EPA's steadfast refusal to incorporate the results of the two most recent studies of ETS into their risk assessment calculations. EPA and many others in the scientific community know exactly what those studies would do if incorporated: negate the EPA findings," said Steve Parrish, Senior Vice President and General Counsel for Philip Morris Inc. Parrish, along with representatives of the other plaintiffs in the case, announced the filing of the complaint on June 22, 1993. Responding to the plaintiffs' complaint, current EPA Administrator Carol Browner issued this statement:

2 "The agency's view is that secondhand tobacco smoke can cause cancer. This assessment is based on scientific evidence that has been thoroughly peer-reviewed and we stand by it." Browner became EPA's administrator after the risk assessment had been released. The judge assigned to the case via the court's assign- ment system is the Honorable William Lindsay Osteen, Sr., age 62. Judge Osteen was appointed to the bench in 1991 by President Bush. Before that, he practiced law in North Carolina for approximately 35 years. He was the United States Attorney for the Middle District of North Carolina from 1969 to 1974. For a summary of the contents and release of the ETS risk assessment, see issue 38 of this Report, January 7,1993. [2] EPA Fails to Replicate Anderson Carpet Study Results According to press reports, the EPA has been unable to replicate studies of carpet off-gassing which allegedly produced respiratory and neurologic symptoms and death in mice exposed to warmed carpet samples in the Anderson Laboratories. Although the agency did apparently produce similar effects in the Anderson Laboratories, tests conducted in its own labs could not reproduce the test findings. For a discussion of the Anderson Laboratories experiments, see issue 46 of this Report, Apri130, 1993. A researcher at the University of Pittsburgh, asked by the carpet and rug manufacturers' trade association to address the Anderson Laboratories' findings, has reportedly produced similar results using Anderson's research methods and equipment. Both he and the EPA have cautioned that additional research must be conducted. The House Government Operations Subcommittee on Environment, Energy and Natural Resources met on June 11, 1993, to consider testimony by Rosalind Anderson, representatives of the carpet industry, EPA and the Consumer Product Safety Commission (CPSC). Anderson's testing methods were challenged by the executive director of the Carpet and Rug Institute (CRI), who said a scientific advisory board studying the Anderson protocols found them to be "tantamount to lacing up a human being in a strait- jacket and repeatedly choking him for two days." The CRI announced that carpet manufacturers intend to ETS/IAQREPOR'I1, ISSUE 50 develop a new consumer information label for their products that would be aimed at chemically sensitive consumers. EPA and CPSC were reportedly criticized by subcom- mittee members for not acting quickly enough to address the issue. The agencies apparently defended themselves by noting how difficult it is under proce- dures mandated by Congress to set standards that can be successfully defended in court. According to a New York assistant attorney general, who also testified at the hearing, attorneys general from four states are considering initiating a law suit or filing a citizens' petition under the Toxic Substances Control Act to spur the EPA into regulatory action. They say there is concern that the current "green label" program developed by the industry is misleading to consumers in that carpets with chemicals at concentrations allegedly linked to illness are being sold with green labels attached. At the condusion of the hearing, EPA and CPSC reportedly agreed to (i) provide information about the chemical composition of carpets; (ii) hold a workshop to address conflicting scientific data; (iii) design a multi-million dollar indoor air research program to evaluate chemical toxicity and measure worker expo- sure to carpet chemicals; and (iv) develop "consumer information labels and posters" co notify sensitive individuals of potential chemical exposure from carpet emissions. See BNA National Environment Daily, June 15, 1993; Chicago Tribune, June 12, 1993; Grrrnurirr, The Hartford Courant, The Orlando Scntinrl; and PR Newswirr June 11, 1993; Associated Press and United Press Internationa4 June 10, 1993. > Mderson stiMycaAed'Junk Seience,: item 30. U.S. DEPARTmENT OF HEAI.rx AND HuMArr SERVicEs (HHS) [3] HHS Revises Draft Executive Order on Smoking According to a press report, HHS has revised a draft executive order which would ban smoking in most federal executive branch agencies. The proposal was originally developed during the Bush administration and induded a number of exemptions for those agencies strongly opposed to a ban, in an apparent effort to gain support during the

JUNE 25, 1993 final days of the Bush presidency. Those exemptions have reportedly been dropped, and HHS officials believe that the Clinton administration will be receptive to the proposal if it is framed as a measure to protect the health of federal workers and the public. The proposal will reportedly be presented to the Office of Management and Budget within the next several months. Antismoking advocates are evidently hoping that President Clinton will sign the order this year. A government-wide smoking ban is reportedly still opposed by such agencies as the Veterans Adminis- tration and the Central Intelligence Agency. See BNA Daily Labor Report, June 10, 1993. VETERANS ADMINISTRATION (VA) [4] Costs Estimated for VA Compliance with Smoking Standards According to a press report, the General Accounting Office has estimated that it will cost the VA $24 million to equip its facilities with separately-ventilated smoking areas or outside smoking shelters as mandated in 1992 by Congress. Only 44 VA medical facilities out of 159 apparently have smoking areas that meet the new law's standards. Officials at 132 of the facilities reportedly said that they would need more than one smoking area to accommodate their patients. Thus, some 998 smoking areas, at a cost of $40,000 to $225,000 each, would be required according to the GAO. See The Kansas City Star, June 13, 1993. 1 03D CONGRESS [5] Traficant Bill Approved by House Committee Following amendment, the "Ban on Smoking in Federal Buildings Act" (PRO-FEDS) (H.R. 881), introduced by Representative James Traficant (D- Ohio), was approved by the House Public Works and Transportation Committee. The bill now goes before the full House. PRO-FEDS, as originally drafted, would have prohibited smoking in all buildings owned or leased by the federal government. Traficant offered two amendments which would (i) permit the heads of federal agencies to designate certain areas of their buildings as smoking areas, if separately ventilated and (ii) exempt all Veterans Affairs health 3 care facilities and military installations. These amend- ments, and an amendment that would require the head of the General Services Administration (GSA) to report on new methods ofventilation two years after the law goes into effect, were approved and added to the measure. Legislators supporting the measure apparently cited the EPA Risk Assessment on ETS to argue that Congress has an obligation to protect the federal workforce. Opponents repon.edlyquestioned EPA's condusions and said the bill would discriminate against smokers. See Daily Report for Fxecutives, June 18, 1993. Representative James Clyburn (D-S.C.), stating that "a more thorough record" was required to make a decision on the bill, offered an amendment that would have required the submission of a report by the General Accounting Office on (i) the number of ETS- related workers' compensation claims; (ii) the liability the federal government may have for claims based on other airborne substances; (iii) the cost to government of employees leaving work for smoking breaks; and (iv)) the possibility of using other methods for reducing all levels of indoor air pollutants. This amendment was defeated by a vote of 8-3 during the bill's markup in subcommittee. According to a press report, a Traficant spokesperson is predicting that, in spite of the overwhelming major- iry of nonsmokers in Congress, there will be a"fight on the floor and a huge fight in the Senate - it may take a few years." Su States News Servict, June 16, 1993. [6] Capitol Architect To Announce Smoking Plan The Capitol Architect, who was charged by the House Office Building Commission with designing smoking accommodation areas on the House side of the Capitol, was expected to announce a plan in mid- June 1993. Ser issue 47 of this Report, May 14, 1993. According to an Architect spokesperson, the original plan would have permitted smoking in designated restrooms, but complaints about such a poliry have led the Ardiitect's office to consider designating smoking at the ends of office building hallways or in House garages. Smoking has been banned in all public areas of House buildings since May 7, pending approval of the Architect's plan. While smoking is permitted in individual offices at the discretion of House members and committee chairs, elsewhere smokers have appar-

4 ently been forced to smoke out of doors or on the Senate side of the Capitol where there are reportedly no plans to limit smoking. RoU Ca11 reportedly conducted a survey to determine how many members of Congress smoke and how many individual offices have adopted smoking bans or restrictions. At the present time, only 37 members of the House and six members of the Senate are smokers. Evidently, 76 members of Congress were smoking tobacco products four years ago. Although about one- fourth of all Americans smoke cigarettes, the number of Representatives and Senators who do so comprises less than four percent of Congress. According to the survey, 298 of the 535 Congressional offices completely ban smoking, up from 132 with such prohibitions in 1989. Many of the remaining offioes impose tough smoking restrictions. Only 26 offices, 21 in the House and five in the Senate, permit smoking without restriction. See RoU Ca14 June 14, 1993. [7) House Preparing Legislation to Improve Risk Assessments Bipartisan House staff are reportedly in the process of drafting legislation that would improve risk assessments by requiring regulatory agencies to disdose the assumptions they use and the techniques they employ in developing the assessments. According to Insidc EPAs unnamed sources, the measure is likely to be introduced later this year, and it parallels a requirement imposed last year upon EPA scientists by then-Deputy Administrator Henry Habicht to promote credible science. The draft language of this °Risk Communication Act" is apparently being circulated now within the House and among professional groups. Its purpose is to ensure that agency officials are alerted to the subjective assumptions about risks that are being made by staff who prepare regulatory options. A congressional source has reportedly said that the legislation differs significantly from a risk assessment measure that was added to the Senate bill that would devate the EPA to cabinet level status (S. 171). See issue 47 of this Report, May 14, 1993. Unlike the Senate bill, which would require federal agencies to conduct risk assessments, the House legislation would simply require federal agencies to release information about the ways in which risks are estimated ETSCIAQ REPORT, ISSUE 50 It is not known whether the bill will be introduced independently or whether it will be attached to the Cabinet bill or some other legislation. See Inside EPA, June 11, 1993. V'UHITE HOUSE [8] Administration Seeks Smoking Bans on Interna- tional Flights According to a press report, the Clinton administra- tion is negotiating with a number of governments to bring about a smoking ban on all international flights into and out of the United States. The negotiations are said to be necessary so that United States airlines are not put at an economic disadvantage. An agreement that is reportedly nearing completion involves the United States, Canada, Australia and New Zealand. Air Canada is the only carrier at present that bans smoking on all flights, domestic and international. See The New York Times, June 13, 1993. [9) Health Task Force Member Anticipates Federal Workplace Smoking Ban According to Michael Samuelson, a member of President Clinton's task force on health care reform, the EPA, acting through OSHA, will ban smoking in the workplace within two years. Samuelson apparently made his prediction during a seminar sponsored recently for Northeast Mississippi industry representa- tives by a local medical center and a national pharma- ceutical company. He reportedly advised seminar participants to ban smoking in the workplace in order to avoid lawsuits. SreAssocraud Preu, June 16, 1993. U.S. OCCUPATIONAL SAFETY AND HEALTH' ADMINISTRATION (OSHA) [10] Labor SecretaryAdvocates Speedier Rulemaking Labor Secretary Robert Reich, testifying before the House Education and Labor Committee on the pending OSHA reform legislation (H.R. 1280), was quoted as saying, "I do not believe that the agency should be required to perform detailed and time- consuming analyses of issues of which there is no reasonable basis for dispute, and which in fact are not actively disputed by parties to the rule-making."

JUNE 25, 1993 Reich's comments have led labor lawyers to conclude that the spirit of regulatory reform is alive again at the agency. Reich testified during a hearing conducted by the committee on April 28, 1993. See The National LawJournaZ June 7, 1993. Meanwhile, Pete Lunnie, industry's chief lobbyist on OSHA reform legislation, reportedly said on June 10 that he doubted the bill would become law in its present form during the 103d Congress. He says he believes the measure can be beaten in the Senate. According to Lunnie, the best approach to OSHA Reform would be to examine the current OSH Act, determine where the problems lie and then devise improvements. Lunnie, speaking before a group of industry safety offiaals, said he plans to meet with Reich on July 1 to outline the industry position on OSHA reform. See Daily Rrport fnrFxecutivrs, June 11, 1993. U.S. POSTAL SERVICE [11] Post Office Smoking Ban Challenged Following the Postal Service's smoking ban ordered to begin June 13, 1993, the American Postal Workers Union has reportedly lodged a grievance. The ban is also beingchallenged by the National Association of Letter Carriers and the National Postal Mail Handlers Union. An American Postal Workers Union spokesper- son stated, "It's just not fair to those who do smoke," and believed that there were less extreme ways to handle the situation. See The Boston Globe, June 15, 1993. The postal service ban was instituted as a result of the EPA Risk Assessment on ETS, according to the postmaster general. Sar issue 49 of this Report, June 11, 1993. U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) [12] Joint Project Initiated to Study HVAC Systems and IAQ The CPSC and the National Institute of Standards and Technology have reportedly entered an interagency agreement which establishes a two-phase study of residential HVAC systems to determine their potential to reduce certain indoor air constituents. Computer modeling will apparently be used to we if existing HVAC technology can reduce selected con- 5 stituents to defined low levels. Constituents subject to the study will be nitrogen dioxide, carbon monoxide, particulates and biologicals. Sec Product Safety cir Liability Reporter, May 28, 1993: STATE AND LOCAL GOVERNMENTS [13] ETS-Related State and Local Legislation 'California According to news reports, the Senate recently voted 23-3 to adopt a resolution already passed by the Assembly that prohibits smoking in buildings owned, leased or occupied by the Legislature, induding the Capitol, floors of both houses, hearings rooms, offices, hallways, restaurants and bathrooms. See A.C.R 27, Regular Session (1993-94) and United Press Intmza- tiona4 June 11, 1993. According to a Price Waterhouse study sponsored by southern California hotel and restaurant associations, a state no-smoking law could jeopardize 82,000 jobs and cost California more than $3.5 billion. The study was a survey of hotel and restaurant managers about their estimates of what they would lose if smokers couldn't smoke in their establishments. Of 74 managers, 54 percent estimated a loss in business and 45 percent saw no change. One manager said business would improve. The study reported that a 100 percent smoking ban would cause an average loss of 7 percent in restaurant sales and an 18 percent loss in hotel and motel receipts, putting many people out of business. See Morning Newsbriefs, June 7, 1993. •Local Governments in California On June 23, 1993, by a vote of 8 to 6, the Los Angeles City Council approved a bill that would prohibit smoking in virtually all of the city's 7,000 restaurants, exduding dance dubs, bars, rented banquet rooms and outdoor eating areas. According to a spokesman for Mayor Tom Bradley, the chances of the bill's approval by the Mayor are good, but no final decision has been made whether he will sign or veto it before he retires from office next week. The Mayor could leave office without taking any action, in which case Mayor-elect Richard Riordan would have three days to act. Riordan allegedly supports a smoking ban in restaurants. The bill, even if it does become law, may be short-lived if the state Legislature passes a bill currently under