NYSA TI Multipage 2
Department of Labor Occupational Safety and Health. Administration
Fields
- NYSA numbers
- 0748 B1793 02C
- Named Organization
- American Cancer Society
- American Lung Association
Voluntary health organization concerned with fighting lung disease, promoting lung health and advocating clean air, indoors and out.- American Medical Association (physicians group)
Professional trade group representing American physicians.- American Public Health Association (Public health organization)
Professional organization for people working in public health- American Society of Heating, Refrigerating and Air Conditioning Engineers
- ASH (Action on Smoking and Health)
Action on Smoking and Health- ASHRAE (Am Society of Heating, Refrig and AC)
American Society of Heating, Refrigeration and Air Conditioning- Consumer Reports (magazine that tested tar content in 50s)
- Consumers Union (Publish Consumer Reports)
- Defense Department (DOD)
- Department of Defense (DOD)
- *Department of Health and Human Services
- Department of Health and Human Services (HHS)
- Department of Justice (DOJ)
- *Department of Labor (use United States Department of Labor)
- Environmental Protection Agency (EPA)
- Federal Communications Commission (FCC)
- Federal Register (publication)
- General Counsel
- General Services Administration (GSA)
- *Health and Human Services (HHS) (use United States Department of Health and Hum (US)
- Health Research Group (An anti-smoking group)
An anti-smoking group- Interagency Committee on Smoking and Health (Congressional committee)
- International Agency for Research on Cancer ("IARC") (International Agency for Research on Cancer ("IRAC"))
International Agency for Research on Cancer ("IARC")- Mine Safety and Health Administration
- National Academy of Sciences
- National Institute for Occupational Safety and Health NIOSH (NIOSH)
National Institute for Occupational Safety and Health is NIOSH.- National Research Council
- Occupational Safety and Health Administration (Held hearings in 1994 to ban smoking in workplaces)
OSHA opened hearings in September 1994 on a proposal that amounts to a virtual ban on smoking in every workplace in the nation- Occupational Safety and Health Administration (OSHA)
- Public Citizen Health Research Group (Monitors the FDA, reports on who take tobacco money)
Plaintiff- United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)
- United States Department of Labor
- *University of California (use specific branch)
- University of Miami School of Medicine
- University of New Mexico
- World Conference on Smoking and Health
- World Health Organization (Concerned with global public health)
International organization concered with public health worldwide - American Lung Association
- Named Person
- Banzhaf, John F., III (Exec. Dir. Action of Smoking & Health (ASH))Executive Director of Action on Smoking and Health (ASH).Professor of Law at Georgetown. Banzhaf succeeded in using the Fairness Doctrine to get cigarette commercials off television in 1968. See Banzhaf FCC, 405 F, 2d 1082 (D.C. Cir. 1968) (affirming FCC ruling that radio and television stations must devote a significant amount of broadcast time to case against smoking). His telephone number is (202) 659-4310. The big focus in past years has been to force OSHA to enforce smoking bans, per Matt Bars. ASH publishes Smoking and Health Review bulletins. "A leading anti-smoking activist" (Chic. Sun-Times 6/23/93). Action on Smoking and Health is located at 2013 H Street, N.W., Washington, D.C. 20006. (Castano Expert List) See Action on Smoking a Health, TTLA Almanac - Names.
- Barr, William P.
- Berkeley, Lawrence
- Carlson, Regina (GASP, Founder of NJ chapter)
- Glantz, Stanton A.
- Glanz, Stanton A.
- James, Charles F.
- March, Jama
- Martin, Lynn (Secretary of Labor)
- Mueller, Athena
Plaintiff- Parmley, William W.
- Perkins, Frances
- Rigotti, Nancy A., M.D. (Internist, Harvard Med. School, Anti-Tobacco Expert)
- Samet, Jonathan M.
- Scannell, Gerard F.
- Steenland, Kyle (NIOSH Representative)
ETS as cause of heart disease- Stephens, Jay B.
- Tate, Charles F., M.D. (Chest Physician, U of Miami Med. School, Anti-Industry Exper)
Treating Physician in Green v. ATC- Weis, William L. (Seattle University School of Business)
Expressed the idea that smoking employees cost employers more than nonsmokers- Wells, A. Judson (physical chemist)
studied indoor air quality - Barr, William P.
- Date Loaded
- 27 Jan 2005
- Box
- 6109. P.A.D. - Scientific Affairs - EPA/OSHA Task Force, 1992
- Packett Invoices 1993
- EPA Video
- Packett Invoices 1993
- Folder
- EPA/OSHA Task Force 1992 January July
- Division
- Public Affairs
Document Images
DEPARTMENT OF LABOR
OCCUPATIONAL SAFETy AND
HEALtH. ADMINISTRATION
29 CFR PART 1910
Occupational Exposure
to Indoor Air
Pollutants;
Request for
Information
Docket No. H-122
COMMENTS OF ACTION ON SMOKING
AND HEALTH (ASH).
ACTION ON SMOKING AND HEALTH
Athena Mueller
General Counsel
2013 H Street, N./W.
Washington, D.C. 20006
(202) 659-4310
TI0141-1450
TABLE OF CONTENTS
TABLE OF CONTENTS ..........................................
i
TABLE OF EXHIBITS .......................................... iv
COMMENTS ................................................... 1
I. BACKGROUND ............................................
A. Introduction .....................................
1
B. Statement of Position ............................
5
C. Summary ..........................................
5
II. KEY ISSUES ON WHICH COMMENT IS REQUIRED ...............
12
A. Definition of and health effects pertaining to
indoor air quality in relation to passive tobacco
smoke (PTS) ......................................
13
I. In general ..................................
13
2. How PTS kills workers .......................
13
3. Specific diseases contracted by healthy
nonsmokers as a result of exposure to PTS...
15
a. Lung cancer ............................
15
b. Heart disease ..........................
16
c. Cancer of the cervix and other cancers.
18
d. Particular risks to the health of
sensitive nonsmokers ...................
19
4. Summary .....................................
20
B. Monitoring and Exposure Assessment of PTS in "the
Workplace" .......................................
21
I. Monitoring does not provide a solution to
workplace contamination by PTS ..............
21
2. Numerous existing studies monitoring and
measuring PTS exposures demonstrate the
urgent need for a smokefree workplace .......
22
Ti0141-1451
-ii-
Summary ..................................... 24
DQ
Only a total ban on workplace smoking can control
the dangers and effects of tobacco smoke on
nonsmokers .......................................
I. In general ..................................
Increasing ventilation or installation of
air cleaners does not provide satisfactory
control of PTS in the workplace .............
a. Ventilation ............................
b. Air cleaners ...........................
A total smoking ban in all areas sharing a
common ventilation system is the only
practicable means of controlling PTS in
the workplace ...............................
a. A total ban on smoking is practicable..
Do
A total ban, on smoking is advantageous
in economic and other respects .........
Eliminating fire hazard ...........
Helping smokers to quit ...........
Protecting employers from legal
proceedings brought by nonsmokers
whose health has been injured
by exposure to PTS ................
c. Summary ................................
Local policies and practices including those of
States and municipalities ........................
i. In general ..................................
2. State legislation ...........................
3. Local ordinances ............................
4. Why OSHA must regulate workplace smoking ....
aw
Existing laws and ordinances do not
reflect current knowledge on the full
dangers of PTS and its ramifications...
25
25
25
25
27
29
30
31
31
32
32
33
34
34
35
36
38
38
T10141-1452
-iii-
b. Present laws and ordinances provide
only piecemeal protection from PTS .....
38
c. Employees' health is being threatened
by "Smokers' Rights" legislation .......
39
~. Potential Contents of Regulation .................
40
III. CONCLUSION ............................................ 41
T!0141-1453
-iv-
TABLE OF EXHIBITS
Exhibit
TITLE
7
8
9
i0
ll
12
13
ASH Citizen Petition to OSHA dated May 19, 1989
ASH's Reply dated December 27, 1991, to the
Secretary of Labor's further Submissions
Extract, EPA Report to Congress on Indoor Air
Quality, August, 1989
EPA Indoor Air Facts No. 5, June, 1989
NIOSH Current Intelligence Bulletin 54, June, 1991
XIX No 5 ASH Smoking and Health Review p. 3,
July, 1989
Wel-ls, A. Judson, "An Estimate of Adult Mortality in
the United States from Passive Smoking 14
Environment International" pp 249-265 (1988)
EPA Draft: "Environmental
Compendium. of Technical
(separately bound exhibit)
Tobacco Smoke: A
Information" (1991)
Glantz, Stanton A. et al. "Passive Smoking and Heart
Disease," 83 Circulation 1-12 (January, 1991)
Steenland, Kyle, "Passive Smoking and the Risk of
Heart Disease," 267 JAMA 94-99 (January, 1992)
Tare, Charles F., "The Effects of Tobacco Smoke on
the Non-Smoking Cardio-Pulmonary Public" II
Proceedings/3rd World Conference on Smoking and
Health, pp. 329-335 (1975)
EXTRACT National Research Council, Environmental
Tobacco Smoke: Measuring Exposures and Assessing
Health Issues (1986)
ASHRAE Standard 62-1981, Ventilation for Acceptable
Indoor Air Quality (1981)
TI0141-1454
--V--
14
15
16
17
18
19
2O
21
22
23
24
Repace, J.L., "Effect of Ventilation on Passive
Smoking Risk in a Model Workplace" Proceedings of an
Engineering Foundation Conference on Management of
Atmospherics in Tightly Enclosed Spaces (1983)
Consumers Union, "Air Cleaners," Consumer Reports,
January 1985)
Examples of Federal Agencies having Workplace
Smoking Policies (Informatio~ derived from
Interagency Committee on Smoking and Health)
EXTRACT "Reducing the Health Consequences of
Smoking: 25 Years of Progress, " U.S. Surgeon
General's Report, 1989, pp 578-582
EXTRACT, Carlson, Regina, "Towards a Smoke-Free
Workplace," 1987
Weis, William L. "Profits up in Smoke," Indiana
Business (1981)
EXTRACT U.S. Surgeon General's Report: "25 Years of
Progress" (1989)
Ii Minnesota Statutes Annotated Smoking In Public
Places, §§144.411 - 144.417 ,
~innesota Department of Health Clean Indoor Air
Rules §§4620.0100 - 4620.1500
Local Laws of the City of New York, 1988, Chapter 5,
Clean Indoor Air Act §§17-501 - 17-514
Rigotti, Nancy A. et al. "No-Smoking Laws in the
United States" 266 JAMApp. 3162-3167, (December ii,
1991)
DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY. AND
HEALTH ADMINIST.RATIQN
29 CFR PART 1910
Occupational Exposure
to Indoor Air
Pollutants;
Request for
Information
Docket No. H-122
COMMENTS.QF ACTI.ON ON SMOKING
A~Q HEALTH (ASH)
I. BACKGROUND
A. Introdgction
Action on Smoking and Health (ASH) is a national,
charitable, non-profit, tax-exempt, legal-action,
educational and scientific organization entirely supported
by tax-deductible contributions, devoted solely to the
problems of smoking and the rights of nonsmokers. Most of
its 70,000 supporters are "involuntary smokers", i.e.,
people who do not voluntarily smoke but are forced against
their will to inhale tobacco smoke in the workplace and in
other public places. Many of these people also have asthma,
hay fever, sinusitis, allergies, and other conditions which
make them especially susceptible to the adverse health
effects of ambient tobacco smoke.
2
ASH and/or its Chief Counsel, John F. Banzhaf III,
have frequently been successful in taking legal action in
problems related to smoking. Thus, for example, as a result
of the decision in Banzha~ v. F.C.C., 405 F.2d 1082 (D.C.
Cir. 1968), radio and television stations were forced to
make hundreds of millions of dollars worth of free time
available for anti-smoking messages, and eventually drove
cigarette commercials off the air. ASH action in capital
Broadcast~ng..~o. v. Mitch~l.l, 333 F. Supp. 582 (3-judge,
D.D.C. 1971), aff'd 405 U.S. i000 [1972) successfully
defended the constitutionality of the law banning cfgarette
commercials. ASH started the nonsmokers' rights movement by
requesting no-smoking sections on airplanes, and sued the
former CAB when it made smoking regulations which violated
Federal Law. (ASH v. CA___~B 699 F.2d 1209 (D.C. Cir. 1983).
ASH also participated, as amicus curiae, in Dunagin v. ~
of Oxford, Miss., 718 F.2d 738 (5th Cir. 1983) which held
that advertising for products which can be banned can also
be banned. ASH also has been involved or assisted in
various legal actions or procedures brought by nonsmokers to
protect their rights or to obtain redress for injury to
their health.
Among the many problems arising from the use of
tobacco in public, ASH has found the dangers and effects of
workplace smoking to be among the most urgent and
intractable.
Although smoking in other public places presents
hazards to nonsmokers, they have the option (however
inconvenient) to leave a restaurant, store or meeting if
smoking threatens them. As regards employment, however,
workers have to be at their work stations eight hours every
day, five days a week, for most of their working lives.
They are therefore captive victims to the hazards of tobacco
smoke if smoking is allowed in their workplace.
Numerous requests to ASK for help have been
received from employees whose health was, and is, being
imperilled and, in many instances, ASH was able to assist
them in negotiations to obtain a tobacco-smoke free work
area or workplace or in seeking worker's or other
compensation for the injury sustained to health as a result
of exposure to tobacco smoke in the working environment.
It soon became apparent that such piecemeal
methods of dealing with the problem were inadequate and
inefficient in view of the fact that millions of employees
were affected. According to the estimate of the
Occupational Safety and Health Administration (OSHA) -
appearing in its current Request for Information (RFI) 56 FR
47892, 47893, September 20, 1991 - "up to 77% of the
nonsmoking workforce, approximately 75 million men and
T10141-1458
4
women, is exposed to PTS [passive tobacco smoke] while at
work."
ASH accordinqly, on May 19, 1987, filed with OSHA
a Citizen Petition, a copy of which is attached (marked
Exhibit I) requesting (page 6) that OSHA promulgate an
emergency temporary standard limiting or banning
environmental tobacco smoke (otherwise termed passive
tobacco smoke - PTS) in the workplace or, as an alternative,
"regulations modeled after" GSA, HHS and DOD regulations,
being regulations which had already been adopted and were
then in effect in many workplaces, thereby proving their
feasibility and effectiveness.
OSHA declined to issue an emergency temporary
standard a decision which was upheld by the court in AS__~H v.
OSHA No. 89-1656 (D.C. Cir. May I0, 1991) 59 U.S.L.W. 2728
on the grounds that the extremely stringent criteria for
issuance of an emergency temporary standard were not
satisfied.
OSHA twice subsequently announced its refusal to
initiate a non-emergency rulemaking on workplace smoking,
the alternative requested by ASH, and ASH has sought review
of these decisions in two cases currently before the court
AS__~H v. OSHA Nos. 91-1037, 91-1038 (D.C. cir.).
The court recently requested OSHA to submit a
Response to ASH's allegations of unreasonable delay in
T~0141o1~9
