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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 11: TI10111475 Log in for more options!
1 2 3 4 5 6 7 8 9 i0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 288 MS. JANES: It was linked with the questionnaire data that she was asking them as well. MR. GROSSMAN: There's questionnaire data in all of the tests. I'm asking about the cotinine measures. Could you explain for the record whether a cotinine test administered to a person in the hospital who has already been diagnosed with lung cancer, can test whether that person at any time during his or her life.was an active smoker? MR. MARTONIK: Dr. Silverstein will answer this question. DR. SILVERSTEIN: The answer is that that" information does not allow you to make a direct judgment about past smoking behavior, but when you combine the biological information with the questionnaire information, you can make reasonable presumptions, and this is the best available evidence to make those kinds of judgments from, and we think it was useful and appropriate. MR. GROSSMAN: All of the tests use the other data, is that correct? All of the studies that you referred to use questionnaires to determine whether people were smokers during their lives? MS. JANES: IT's either questionnaire or direct personal interviews. MR. GROSSMAN: And the Brownson study questioned, BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T! 1011-1475
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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 25 289 in many cases, numerous individual to determine the smoking patterns of those under study, is that correct? MR. MARTONIK: We can't recall that. MR. GROSSMAN: Let me go on to something else. In the Fontham study, the researchers who questioned people as to whether they were exposed to ETS, were not blinded, is that correct? They were aware of whether the person involved had already been diagnosed with lung cancer. MS. JANES: I don't recall that. That may or may not be the case. MR. GROSSMAN: If it were the case, if the researchers weren't blinded, that would add an element of bias to the study, is that correct? MS. JANES: It may or it may not. MR. GROSSMAN: It's something to... MS. JANES: It may or may not. MR. GROSSMAN: It's something to take into consideration isn't that the case? MS. JANES: Of course. MR. GROSSMAN: Are you familiar with the study by Fontham and Correa and others on the effect of heavy beer and alcohol consumption on lung cancer in non-smokers? (Pause) MR. MARTONIK: We're not familiar with that. BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T!1011-1476
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! 2 3 4 5 6 7 8 9 I0 iI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 290 MR. GROSSMAN: Fontham and Correa found a risk ratio of 5.3 after controlling for smoking, for people who drink more than four beers per day, for lung cancer, based on a study in Uruguay. Fontham did not control alcohol consumption or beer consumption in her study on occupational exposures to ETS and lung cancer, is that correct? MR. MARTONIK: You made a statement regarding studies and... MR. GROSSMAN: We can provide you with the Fontham and Correa... MR. MARTONIK: If you do that we will look at it and consider it. MR. GROSSMAN: I made the statement, and then I asked a question. My only question is they did not control for drinking, in that study... MR. MARTONIK: I'm still at a loss to understand how a statement regarding the study regarding individuals exposed to or using alcohol has any relationship to your question... MR. GROSSMAN: Let me explain it then, I thought it was obvious. If the individuals with lung cancer were heavy drinkers, and those without were not, the drinking habits alone could account for any difference in incidence of lung cancer among the so-called exposed and unexposed population. BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI1011-1477
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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 25 291 I'm asking, whether a confounder of drinking was taken into account by Fontham's study considering that Fontham in another published article found a risk ratio of 5.3 for heavy drinking. MR. MARTONIK: Ms. Janes will answer the question. MS. JANES: We're not familiar with Fontham's previous paper. However, in the paper in question, she did control for diet. MR. GROSSMAN: Not for drinking. MS. JANES: For normal diet. MR. GROSSMAN: Is there any indication that she controlled for alcohol consumption? MS. JANES: We'll have to check. We're not sure. MR. MARTONIK: We can't recall. MR. GROSSMAN: All right, why don't you check. I think the record is clear that she did not. MS. JANES: But we will check. MR. GROSSMAN: Are you familiar with studies on the association between Chinese cooking and abno carcinoma including, for example, the Lam study published in 19857 MR. MARTONIK: We can't recall that. MR. GROSSMAN: There are many published studies on the extremely high incidence of abno carcinoma of the lung among Chinese women of first generation in the United States and Japan who have a lifetime of cooking Chinese food. The BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI1011-1478
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1 2 3 4 5 6 7 8 9 i0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 292 Lam study that was published in '85 showed a risk ratio of 14.7 for abno carcinoma of the lung. A large percentage of the population studied in Fontham are first generation Chinese-Americans in San Francisco, is that correct? MS. JANES: I don't recall what the percentage of the... I know a couple of her study bases were in California. MR. GROSSMAN: Almost 80 percent of the subjects in her study are in California, isn't that correct? MR. MARTONIK: You cited the study. How many people were studied in the Lam study? MR. GROSSMAN: In what study? MR. MARTONIK: The Lam study that you cited. MR. GROSSMAN: I don't have the full number who were studied, but the statistical significance ratio, the 95 percent confidence level, was way over one. I think it ran from six to 30 or 40. MS. JANES: Do you have evidence that indicates, sir, that the cooking habits of Chinese in America are the same as those in China? MR. GROSSMAN: Yes. First generation. There are many published studies on first generation Chinese. MR. MARTONIK: We'll look at the report. MR. GROSSMAN: If you will look at the Fontham BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI1011-1479
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! 2 3 4 5 6 7 8 9 i0 II ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 study, do you have a copy of the Fontham study with you? (Pause) MR. MARTONIK: MR. GROSSMAN: 293 Yes, we have it. If you'll notice, under race/ethnic group on page 39 of the study, 266 of the respondents were white; 44 were black; 32 were Hispanic; and 67 were Asian; ll were other. Do you think that's reflective of the United States as a whole? MR. MARTONIK: We thought it was a good enough indication to use as a study for our risk assessment. MR. GROSSMAN: I see. The colon cancer controls, 240 were white, versus 35 Asian. The ratio was entirely different by a factor of two between the controls and the studied population. Did you consider that in reviewing the Fontham study? MR. MARTONIK: As a general matter, we reviewed the study and thought it was appropriate to use... MR. GROSSMAN: That's not the question. I'm asking whether you reviewed that particular issue. MR. MARTONIK: reviewed... MR. GROSSMAN: it to any extent? MR. MARTONIK: MR. GROSSMAN: We can't recall to what extent we Can you recall whether you reviewed Yes, clearly we've reviewed it. You reviewed the fact that there BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI 1011-1480
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1 2 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 294 was an unusual proportion of Chinese-Americans.in the lung cancer group and a lower proportion in the control group? MR. MARTONIK: My recollection of almost every epidemiology study, there's always some finding or Some factor that makes it somewhat difficult to interpret as a broad base... MR. GROSSMAN: That's not the question. Did you consider that particular issue? MR. MARTONIK: Yes, we have. MR. GROSSMAN: And how did you factor that into account? Did you ask Fontham to provide information on the method by which the controls were screened and the individual cases were chosen? to Dr... MR. MARTONIK: MR. GROSSMAN: We read the study. We did not talk So you don't know anything about the study except what appears on the face of the study, is that accurate? MR. MARTONIK: No, we have other information in the record regarding that study. We have descriptions of the study and criticisms of the study by several experts who reviewed the literature .... MR. GROSSMAN: MR. MARTONIK: MR. GROSSMAN: Now... EPA is one of those groups. When you say that you have other BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T!1011-1481
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2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things in the record, you haven't read everything in the record, have you? MR. MARTONIK: MR. GROSSMAN : 295 OSHA is familiar with the record. Yesterday you said you hadn't read PM's fine submissions, you said you hadn't read RJR's submission of a meta analysis of occupational studies which was submitted long before this rulemaking began more than a year ago and was hand delivered. So tell me, which studies have you read that you can point me to that consider the question of the over-representation of Chinese-Americans and Asian-Americans in the study, and particularly in the group that had cancer. MR. MARTONIK: I think I answered your question. I said we looked at the EPA study. MR. GROSSMAN: The EPA study is the only other one. You're not suggesting that the EPA study comments upon this issue, are you? MR. MARTONIK: I'm saying that we considered these issues in terms of all comments that we had available prior to the time we published this proposal. MR. GROSSMAN: What you're saying is you cannot point me to anything other than the Fontham study on which you considered the issue of over-representation of Asian- Americans in the Fontham study... MS. SHERMAN: Your Honor, I believe that BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 Tl1011-1482
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4 5 6 7 .8 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question's, been asked several different times... MR. GROSSMAN: It has, and it has not been answered. answered. Grossman? MS. SHERMAN: JUDGE VITTONE: 296 ...in several different ways, and What do you have to say Mr. MR. GROSSMAN: I have asked a number of times, but I've not gotten an answer to the simple question of whether they iooked at anything other than the Fontham study to consider the issue of over-representation of Asian-Americans in the lung cancer group in the Fontham study. JUDGE VITTONE: Let's have a clear answer to it this time so we can move on to another issue. MR. MARTONIK: Yes. MR. GROSSMAN: Identify every other thing that you looked" at to consider that particular issue. I'm not prepared to do that right MR. MARTONIK: here and now. MR. GROSSMAN: MR. MARTONIK: asking me. MR. GROSSMAN: Identify anything. I don't understandwhat you're Well, you didn't have the underlying Fontham data, you didn't correspond with Fontham. DR. SILVERSTEIN: We're not prepared to fully BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 TI 1011-1483
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1 2 3 4 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 297 answer you~ question right now. We will investigate this further and gather the appropriate information, look at it, and reach some judgments about it. In order to do that, I'd like you to clarify something. You've confused me a little bit. Sometimes you're referring to Chinese, sometimes to Chinese-Americans, and sometimes to Asian-Americans. I'm not sure what you really have in mind. Certainly Asian-Americans are not the same as Chinese. MR. GROSSMAN: First generation Chinese-Americans are the subject of interest for that. DR. SILVERSTEIN: But the table, when you referred to a table from the study, you referred to a percentage of Asians. That's not the same as Chinese, is that correct? MR. GROSSMAN: Asians are not necessarily the same as Chinese. All Chinese are Asians, but not all Asians are Chinese. DR. SILVERSTEIN: So it's going to be a little bit hard to respond to your question since it's hard to understand exactly what you're getting at. Maybe you can clarify that. MR. GROSSMAN: Let me clarify it for you, doctor. A risk ratio as determined by you of 1.34 indicates a 34 percent increase in an exposed group versus the unexposed group, is that correct? BAYLEY REPORTING, INC. (202) 234-7787 (800) 368-8993 T!1011-1484

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