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United States Department of Labor Occupational Safety and Health Administration Public Hearing

Date: 21 Sep 1994
Length: 179 pages

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Named Organization
American College of Cardiology
American Heart Association (Voluntary health organization that focuses on cardiac health)
Voluntary health organization that focuses on cardiac health and stroke. AHA occasionally teams with tobacco retailers to engage in promotions/fund-raisers (see http://www.smokefree.net/doc-alert/messages/247136.html and http://www.rawbw.com/~jpk/stand/Pictures.html).
American Journal of Public Health (periodical)
ASH (Action on Smoking and Health)
Action on Smoking and Health
Beverly Hills Restaurant Association (Industry front group)
Set up c. 1988 by the Tobacco Institute to clandestinely fight a local smoking restriction (TI00380927-0949, Pag. -0946).
Building Owners and Managers Association (BOMA)
*Center for Disease Control (Use United States Centers for Disease Control and P
Now Centers for Disease Control and Prevention, Formerly Communicable Disease Center
Center for Indoor Air Research (CIAR) (Industry formed/funded air research organization)
Nonprofit organization funded by the tobacco industry. CIAR was formed in March 1988 by tobacco companies "to sponsor "high-quality research on indoor air issues and to facilitate communication of research findings to the broad scientific community."
Consumer Reports (magazine that tested tar content in 50s)
*Department of Labor (use United States Department of Labor)
Environmental Protection Agency (EPA)
EPA Science Advisory Board (unit of EPA)
Federal Register (publication)
Federal Trade Commission (Enforcement agency for laws against deceptive advertising)
Enforces laws against false and deceptive advertising, including ads for tobacco products. Ensures proper display of health warnings in ads and on tobacco products;collects and reports to Congress information concerning cigarette and smokeless tobacco advertising, sales expenditures, and the tar, nicotine, and carbon monoxide content of cigarettes.
Health and Welfare Canada
Healthy Buildings International (industry-funded ventillation experts)
Worked closely with the industry to encourage corporations not to ban smoking but to look for other causes of air pollutions. Used the term "Sick Building Syndrome". Founder: @robertson_gray
Honeywell
McGill University (Prestigious Montreal university which cooperated with the in)
Helped the tobacco industry obscure the link between secondhand smoke exposure and illness
National Restaurant Association
Oak Ridge National Laboratory
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)
Philip Morris & Co. Ltd. (Cigarette manufacturer, incorporated in U.S. in 1902)
Philip Morris & Co. Ltd.., was incorporated in New York in April of 1902; half the shares were held by the parent company in London, and the balance by its U.S. distributor and his American associate. Its overall sales in 1903, its first full year of U.S. operation, were a modest seven million cigarettes. Among the brand offered, besides Philip Morris, were Blues, Cambridge, Derby, and a ladies favorite name for the London street where the home companies factory was located - Marlborough.
R.J. Reynolds Corporation (second tier subsidiary of RJR Industries)
Roper Organization (Consumer Research/Public Relations Org.)
Interested in finding out what drives consumer behavior; surveys consumers on their prime areas of concern; assists corporations with reputation-building and public image based on its findings.
Stanford University
Tobacco Institute (Industry Trade Association)
The purpose of the Institute was to defeat legislation unfavorable to the industry, put a positive spin on the tobacco industry, bolster the industry's credibility with legislators and the public, and help maintain the controversy over "the primary issue" (the health issue).
United States Department of Labor
*University of California (use specific branch)
University of California San Francisco
University of Utah
World Health Organization (Concerned with global public health)
International organization concered with public health worldwide
Named Person
Axelrad, Bob
Enstrom, James
Feinstein, Alan
Foote, Emerson (Ad exec.; Promoted Lucky Strikes in 1930s)
Glantz, Stan
Glantz, Stanton
Glantz, Stanton A.
Grossman, Bill
Grossman, Ted
Hammond, Kathy
Harrington, Bob
Harrington, Robert
Hedge, Alan (industry consultant)
1994 Used by industry to discuss the irritation issus - i.e. dose response. Proposed consultant to comment on Federal OSHA proposal on workplace smoking.
Hills, Sierra Foot
Lowe, Michael
Mellon, Andrew W.
Rupp, John P. (TI Communication Committee, Covington & Burling lawyer)
TI Communication Committee
Sherman, Susan
Smith, Lisa
Tyson, Pat
Vittone, John
Ward [Root], Mary Elizabeth, J.D. (RJR, Associate General Counsel)
Mary Ward was Associate General Counsel for R.J. Reynolds. (PMI's Introduction to Privilege Log and Glossary of Names, Estate of Burl Butler v. PMI, et al, April 19, 1996)
Weinberg, Myron
Wells, A. Judson (physical chemist)
studied indoor air quality
Wexler, Lawrence M. (researcher, New York Medical College)
Master ID
TI10111465-1821
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Page 1: TI10111465 Log in for more options!
UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PUBLIC HEARING PROPOSED STANDARD FOR INDOOR AIR QUALITY PAGES: 279 through 634 PLACE: Washington, DC DATE: September 21, 1994 BAYLEY REPORTING, INC. OFFICIAL FEDERAL REPORTER8 Washington, DC 20009 (~0~) ~,~.77S7 (S00) 36S-S~ TI1011-1465
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UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PUBLIC HEARING PROPOSED STANDARD FOR INDOOR AIR QUALITY Wednesday, September 21, 1994 Andrew W. Mellon Auditorium Constitution Avenue, NW Washington, D.C. The above-entitled matter came on for hearing, pursuant to notice, at 9:00 a.m. BEFORE: HONORABLE JOHN VITTONE Administrative Law Judge TI1011-1466
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AGENDA Questioning by Audience: Ted Grossman Myron Weinberg John Rupp Robert Harrington Ms. Sherman's Answer to Request PAGE 283 320 322 372 381 OSHAWitnesses: Stanton A. Glantz, PhD Questioning by Audience: Jim Dinegar Pat Sirridge John Rupp Ted Grossman Michael Lowe Ms. Sherman 382 433 441 486 559 597 626 BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T!1011-1467
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NO~-E WRITTEN SUBMISSIONS 281 BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T11011-1468
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EXHIBIT NO. 16 !7 18-22 A B F(2) EXHIBITS IDENTIFIED 428 488 501 516 530 538 549 551 551 RECEIVED 428 499 502 282 BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI1011-1469
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1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS JUDGE VITTONE: On the record. 283 9:03 a.m. We recessed last night, and we were having some questioning by Mr. Grossman of the OSHA panel. We will resume today, finish up with Mr. Grossman, and then resume again with Mr. Rupp and Mr. Weinberg has also asked, he said he has one additional question he would like to have asked, and I told him I would let him do that after Mr. Rupp. So if you're ready, Mr. Grossman, we will resume. MR. GROSSMAN: Thank you very much, Your Honor. When we broke off yesterday we were comin~ to the question of the Agency's decision to use the Fontham study as the only study in crafting a risk ratio for lung cancer as a result of ETS exposure in the work place. Could someone articulate to me the reasons why the Brownson study was not used? Mr. Martonik? MR. MARTONIK: I don't remember us saying that the Fontham study was the only study that had information regarding occupational exposure. I think that... MR. GROSSMAN: That wasn't the question. The Federal Register says that the risk ratio that was derived is based upon the Fontham study, and the risk ratio for heart disease is based on the Helsing study. I'm asking why the Brownson study, rather than the Fontham study was not BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 Ti1011-1470
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1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 284 used as th~ basis for calculating the risk ratio. MR. MARTONIK: Because we thought the Fontham study provided better information regarding the exposure of workers to ETS. MR. GROSSMAN: On what basis? MR. MARTONIK: On the basis of reading the studies. MR. GROSSMAN: On what basis in the studies? What factual basis separated the Fontham study from the Brownson study? MR. MARTONIK: Dr. Silverstein will answer that. DR. SILVERSTEIN: I actually want to clarify something in response to the first part of your questioning, which is that while we chose to use the Fontham study for particular calculations, it's not by any means the only study that has risk ratios of the same order of magnitude that we think are important and informative and are useful in our determination. Which... MR. GROSSMAN: occupational study... 07JDGE VITTONE: the answer get completed. Are you familiar with any other Gentlemen, gentlemen. Let's let Let's let the question get completed. Then we'll deal with it. Are you finished with your answer, Mr. Silverstein? BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 Tl1011-1471
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1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 285 DR. SILVERSTEIN: Just about. I was going to say that this was a particularly useful study, but by no means the only useful study. evidence. MR. GROSSMAN: It's part of a larger body of Could you explain to me why the Brownson study was not used as the principal basis for determining a risk ratio? MR. MARTONIK: Mrs. Janes will answer that. MS. JANES: The Fontham study was by far a superior study to the Brownson study. Not only did she validate current tobacco use through cotinine measures, they also looked at dħet factors, and they also looked at other potential confounding factors and tried to control for them in both the design of the study and the analysis of the study. It was a multi-center study. Cases from different parts of the country, where Brownson was based in Missouri. Anyway, we went through our analysis and determined that for risk assessment purposes the Fontham study was by far better. In the weight of evidence analysis that we used, both the Brownson and the Fontham study both played a part in that, but for the risk assessment, which is what your question relies upon, that is why we chose the... MR. GROSSMAN: Let's break that down into several parts. You referred to cotinine measurements. BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TII011-1472
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1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 286 MS. JANES: Yes, sir. MR. GROSSMAN: That was an alleged test to determine whether there was bias in the determination of who was and who was not a smoker, is that correct? MS. JANES: Yes, sir. It was... MR. GROSSMAN: The purpose was to screen out people who were actually smokers as opposed to people who might have been exposed to passive smoke. MS. JANES: Yes. MR. GROSSMAN: The cotinine measurements were made on people who had already been determined to have lung cancer, is that correct? MS. JANES: And on their controls. MR. GROSSMAN: But as far as people with lung cancer were concerned, the cotinine measurements were made on people who already had lung cancer, is that correct? MS. JANES: Yes, it is. But it was also... MR. GROSSMAN: And is it also correct... JUDGE VITTONE: She was still giving her answer. MS. JANES: But Fontham looked at both cotinine measures in both their cases and their control group. MR. GROSSMAN: I'm talking now only about the cases, and you can understand that the questions relate only to the cases. The cotinine tests were on people who already had BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI1011-1473
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1 2 3 4 5 6 7 8 9 I0 iI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 287 lung cancer, and the cotinine tests measure, at best, the last 72 hours of use of cigarettes, is that correct? MS. JANES: Yes, it is. MR. GROSSMAN: Could you explain to me and for the record how a test that determines whether people may have smoked cigarettes within~the last 72 hours, involving people who are already hospitalized for lung cancer, can determine whether those people have, during the history of their lives, been smokers at any time? MS. JANES: As you are well aware, most of the epi studies did both, prospective and case control studies, did not even take any kind of [bio] monitoring data and this is the only study on lung cancer. MR. GROSSMAN: That wasn't my question. Could you explain for the record how a test that measures cotinine which may measure the use of cigarettes within the last 72 hours, could determine or check whether a person at any time during his or her life time was an active smoker? MR. MA~TONIK: I believe she answered your question. She gave you information that cotinine levels result from exposure to environmental tobacco smoke... MR. GROSSMAN: You're saying that the answer to the question is it is impossible based upon cotinine tests to make that determination. Is that right? BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 Tl1011-1474

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