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SHOOK, HARDY& BACON REPORT ON RECENT ETS AND IAQ DEVELOPMENTS April 2, 1993 SHB

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES. REGULqTORY AND LEGISL1,TIVE MATTERS. • Indoor AirQualicy Act of 1993 is intro- duced' in the Senate, p. 1. • Clinton~ administration will not appeal AFL-CIO v. OSHA, p: 1. • EPA reports to Congress on radon in schools, p. 4. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS • Defendants file class action appeallbrief in B'roln;, p. 6,. • Trial is set for N'ovember 1993 in Butler, p. 6. • McKinney files suit against cigarette manu- facturers; no decision yet from Supreme Courr, p: 6. • Defendants' dispositive motions are granted i n ~ Zwillman,, p. 7. ETSIIAQ LITIGATION'NOT INVOL~'ING CIGARETTE MANUFACTURERS • Details on employees' suit against renovators of Bryn Mawr, p. 7. LEGAL ISSUES AND DEVELOPMENTS • ASH produces new antismoking pamphlet, p. 8. • Minnesota Attorney General letter opinion on,workplace smoking, p: 8. OTHER' DEVELOP1vIENTS. • New York will spend $50;000 ea& for smoking shelters, p. 9: MEDIA COVERAGE • Scientist Ross Brownson~has letter published' in San Francisco Cliranicle, p. 110. ISSUE 44 SCIENTIFIC/TECHNICAI. ITEMS • Eleven new studies relating to ETS, p. 1'1. IN ErUROPE & ARO U;'D THE WORLD REGULATORY AI*IDILEGISLArINE MATTERS • Government activity in Australia, Austria, Canada, Germany, India, Israel, Philippines and the United Kingdom begin on p. 13.. ETSII'AQ LITIGATION NOT INVOLVrING CIGARETTE MANUFACTURERS • Hearings are underway in Wright v: Ladbrokes, p. 15. LEGAL ISSUES AND DEYELOPMENTS • BAAF issues guidelines on placing children with smokers, p. 16, OTHER DEVELOPMENTS • Confederation of European Community Cigarette Manufacturers publishes pamphlet on ETS, p. 16. • Smoking in pubs and restaurants issue stirs activities in the U.K., p. 17. • Airline activities in Bahrain, Iceland,. Scandinavia, Switzerland and the U,K.,, p. 17: MEDIA COVERAGE • "Federal Court Warns Tobacco Institute over Brochure," in AFCO, p. 18. • U.K. civil servant says, "Smokers Forced Me to Quit Job," p. 19. • Discussions throughout this Report that bear this symbol contain information about events and activities related to the EPA Risk Assessment on ETS.

- TABLE OF CONTENTS - Issue 44 April 2,, 1993 IN THE UNITED STATES R.EGULATORY'AND LEGISLATIVE MATTERS CONG RE.SS [1 ] *Indoor Air Quality Act of 1993' Introduced in Senate ........................................................... I U.S. OCCUPATIONAL SAFETY ANDHEALTM ADMINISTRATION (0SHA) [2] AFL-CIO v. OSHA.' OSHA allows Time for Appeal to Expire ................................................. 1 [3] Workplace IAQ/ETS Rules Stalled by Vacant Position ..................................................---..---.. 2' [4] ASII'v. DepartmenrofLa6or: Parties Disagree About Whether to Delay Case .......................... 2' ...................... 2 [5) OSHA Reform Legislation Garners Criticism and'Support ................................ IAQ MODEL LAW TASKFORCE[6] Task Force Continues Work on Model Law ............................................................................ 3 . U.S. ENVIRONMENTAL PROTECT'~ION'.AGENCY(EPA) [7] Results oflSchool Radon Survey Reported to Congress .................................. .......................... 4 AS H RAE ............................ [8] Critics Charge ASHRAE Standards Reflect Business Interests ..................... STATE AND LOCAL GOVERNMENTS ..... . ....... .... .. . ..... ...... . ... . . ..... . . .. .. ...... ... .. ....... ... .. .. . .. . ............ ... .. .. .. . .. . [9] Privacy Legislation ............. [10] ETS-Related'State and Local Legislative Activities ...........................................................---•.. _ 5 ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [I I] Broin: Defendants File Briefon Class Action Appeall ...............................................................6 [12] Butler. Trial Court Sets Case for November 1993 ...................••••••-•-...--•••••••••-.••--.••••••••••.--.••••. 6 [1i3] •McKinney- Prisoner files Suit Against Manufacturers ...... ...................................................... 6 [;1i4] Zruillman: Court Grants Defendants' DispositiveMotions ...............................................-.---••7 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS WORKPLACE: IA.Q/SIGK BUILDING SYNDROME. [15] Bensing v. Voith crMactavuh (Philadelphia County Court of Common Pleas, Pennsylvania) (filed February 3, 1993); Skoogfors,v. Voith [h'Mactavish (Philadelphia County Court of Common Pleas, Pennsylvania) (filed January 211, 1993) ......-.-.7 COLLECTIVE BARGAINING [16] United Paperworkers Intrrnatzonal'Union, Local 1279'u: Wisconsin Tissue Mills, Inc., 1993 UIS. Dist. LEXIS 3348 (U.S: District Court, Eastern District, Wisconsin)'. (decided March, 13i 11993) .................................................................................................... ...8'. LEGAL ISSUES AND DEVELOPMENTS [17] *ASH Produces New Antismoking Pamphlet ...... ................................................................... ..8' [18] •MinnesotaAttorneyGenera]OpinesAboutEffecnofRiskAssessmentintheWorkplace .......... 8' U.S. INCIDENTS OF SBS/BRI [19]I Sick Building Syndrome/Building-Related IVlness iniFlorida, Massachusetts, M issouri and New York .................................................................................................... ....... 8 OTHER DEVELOPMENTS [20] State to Provide Employees with Smoking Shelters ..............................................................•••-9 [21] Centers for Disease Control (CDC) Launches ETS Information Campaign ............................9 [22] Survey Asks About Smoking and Children ............................................................................ 10 [23] Large Increase in Corporate Smoking,Bans Predicted ............................................................ 10 [24) •Children Advised to Change Parents' Smoking Habits ............................ ........................... 1 MEDIA COVERAGE [25] •"EPA Study on Passive Smoking Stirs,Debate and Passions,° R. Brownson, [26] The San Francisco Chroniclt, March 19, 1993 ........................................................................ 10 •"Don't Mind if I Smoke," T. McNichol, USA' W/rckend March 28', 1993 .......................... 10

Contents Continued,, Issue 44 SCIENTIFIC/TECH'NICA,L ITEMS UPCOMING MEETINGS [27] 1993'AnnuallSummer Toxicology Forum, Given Institute of Pathobiology; Aspen6 Colorado;July 12-16, 1993 ............................ ........................................................... 1:1 LUNG CANCER [28] "Iindoor Air Pollution and Lung Cancer in Guangzhou, Peop16's Republic of China," Q. Liu, A.JI Sasco, E. Riboll, and M.X. Hu, Amrrican Journal ofEpidemiology 1i37(2):, 145-154, 1993 [See Appendix A] .......................... 1 1 CARDIOVASCULAR ISSUES [29] "Environmental Tobacco Smoke and Coronary Heart Disease," A.K. Armitage, Journal ofSmoking-Rtlatcd Disorders 4:(1): 27-36, 1993' [See Appendix A] ............................. 1 1 [30] "Passive Smoking and the Risk of Acutc Myocardial Infarction," C. La Vecchia, B, D'Avanzo;,M.G. Franzosi;,and G. Tognoni, The Lancet 341: 505-506;, 1i993 ............................ 1 1 [See Appendix A] ....................................................................................... RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [311 "Relation of Passive Smoking as Assessed by Salivary Corinine Concentration and Questionnaire to Spirometric Indices in Children," D'.G.,Cook, P:H. Whincup, 0. Papacosta, D,P. Strachan, M'.J'. Jarvis, and A. Bryants Thorax 48: 14-20, 1993 [See Appendix A] ............................................................ 1 1 [32] "The Decrease in Severity of Asthma in Children of Parents Who Smoke Since the Parents Have Been Exposing Them to Less Cigarette Smoke," A.B. Murray and B:J. Morrison, Journal ofA'lltrgy and Clinical Immunolog 91:: 102-110, 1993 [See Appendix A] ................................................................. 1 1 (33] "Lung Function, Respiratory Illness, and Passive Smoking in British Primary. School Childkn,'" R'.J. Rona and S.,Chinn6 Thorax48: 27-25, 1993 [See Appendix A]......... 12' [34] "Hispanic Children With Asthma: Morbidity," P.R. Wood, H.A. Hidalgo, T.J.,Ptihoda, an&M.E. Kromer„Pediatrics2l: 62-69, 1993 [See Appendix A]I ...................... 12 OTHER HEALTH! 1SSUES [35] "'Editorialt Give a Dog-End a BadlName," A.D.S. Caldwell, fournal of Smoking-Rrlated Disorders 4(1Qt 1-2, 1993 ISce Appendix A]I................................... .............. 12 ETS EXPOSURE AND MONITORING [36] "Analysis ofTobacco-Specific N-Nitrosamines in IndoorAir," K.D. Brunnemann„ J.E. Cox, and D. Hoffmann„Carcinogtnesisl3(1 2): 241 5-247 8,1992 [See Appendix A] ........... 12 [37]! "Relationship Between Environmental Tobacco Smoke Exposure and Carcinogen-Hemoglobin AdductLevels in Nonsmokers;."'S.K. Hammond, J. Coughlin, P.H. Gann, M'. Paul, K. Taghizadch, P.L.,Skipper, and S:R'. Tannenbaum; fournabofthr National Cancer lnstitutc 85(6)'. 474-478, 1993 [See Appendix A] .................... 12 [38] *"Environmental Tobacco Smoke," A. Rodgman„Regulatory Toxicology and Pb'armacology 16; 223-244, 11992 [See Appendix A], ............................................................... 12 INDOOR' A3'R QUALITY ['39] "The Effect of Varying Levels of Outdoor-Air Supply on the Symptoms of Sick Building, Syndrome," R. Menzies, R. Tamblyn; J.P: Farant, Jl Hanley;,F. Nunes, and R.,Tamblyn, The New EnglandJournal ofMedicinr328(12); 821-827, 1993' [See Appendix A] ................. 113 [40] "The Sick Building Syndrome In Officr Buildings - A Breath of Fresh Air," K. Kreiss, TheNtw £nglandJournal ofMedicinc328(12): 877-878, 1993 [See Appendix A].... ..............1'3'. SMOKING POLICIES AND RELATED ISSUES [41) Letters to the Editor Regarding "Protection from Environmental Tobacco Smoke in California: The Case for a Smoke-Free Workplace,"'R'. Borland, J.P. Pierce, D.M. Burns„E. Gilpin, M. Johnson, and D. Ba1, Jourrwl ofthrAmcrican Medical Association 268(6): 749~752, 1992 ............................................................................ 13

Contents Continued, Issue 44 IN' EUROPE & AROUND THE WORLDi REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA~ [4'2]1 [43]1 AUSPRIA New South Wales Delays Public Smoking Ban ...................................................................... 13 Total'Smoking,Ban Not on Government's Agend'a ................................................................ 14 [44]I Anti-Smoking Bi11:Drafted .................................................................................................... 14 CANADA (45] Ontario Government Conducts Hearings on Smoking Proposal's .......................................... 14' [46] Cigarette Package Warnings May Include ETS Message ............................................. .......... . 14 . . GERMANTY [47] Anti-Smoking Activists Draft Legislation ............................................................................... 14 INDIA. [48] Government Considers Smoking Bans ................................................................................... 14 ISRAEL [49] Health Ministry-0flicials Unprepared to Discuss Workplace Smoking Policies ..................... 1 5 PHILIPPINES [60] Smoking Restrictions,Imposed in Manila ..............................................................................15 UNITED KINGDOM~ [51] H'ome Secretary Squelches Attempt to Impose Smoking Ban................................................. 15 ('52] Smoking Bans Considered by Numerous Borough Councils ................................................. 1'S ETS/LAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS UNITED KINGDOM [53] LY!right v. Ladbrokes(IndustriallTribunal, Birmingham, England) (filed December 20, 1991) .................................................................................................... . 15 LEGAL ISSUES AND DEVELOPMENTS UNITED KINGDOM [54] "The Smokeless Zone," V. Harpwood, Occupational Healih Review, IvlarchlApril 1993'...---.. 16 [55] AdoptionA'genciesAdvised Not to Place Children Wiih,Smokcrs ......................................... 16 OTHER DEVELOPMENTS EUROPEAN ~ COM.MUNITY [56] •Cigaretre ConfederatiomPublishes ETS Pamphlet .............................................................. 16 UNITED, KINGDOM [57]'' •Symposium on Workplace Smoking Held in Glasgow,........................................................ 16 [58] Union Employees Oppose Complete Smoking Ban ............................. .................................. 17 [59]1 Schools Advised to Provide Smoke-free Environment ............................................................ 17 [60]1 Pub Owners Refuse to Ban Smoking ................................................----.----............................ 17 [611 Study Links Child Snoring to ETS ........................................................................................ 17 - WORLDAIRLINENEWS [62] Bahrain .................................................................................................... .............................. 17 [63) Iceland .................................................................................................... ............................... 17 [64] Scandinavia .................................................................................................... ........................ 18 [65] Switzerland ................................................................................... °....................................... 18 [66] United Kingdbmi ........................ .. ............ . . ..... .... .. ...... ... ... .. .... .. ... .. ................................ .... ... 1 MEDIA COVERAGE AUSTRALIA ~ [67] "Federal Court Warns Tobacco Institute Over Brochure," [68] The Australian FinancialReviera, March 11, 1993 ....................................................•••••-.-..---. 18 "Passive Smoking Danger Admitted," M. Date, The Sydnty Morning Herald, l \I February 26, 11993 .................................................................................................... ............. 18 ~ UNITED KINGDOM ~ [69J *"Passive Smoking Landmark,'" Health and Safety Information Bulletin 207, March 1993 .-.. 18 [70] "Smokers Forced Me To Quit Job, Says Clerk," A. Sambidge, Westrrn Darly Prers, February 20, 1993 .................................................................................................... ............. 19 . [71] "Attitudes to Smoking," P. Madge, TheSafety dHealih Practitioner, March 1993 ...............-1'9 APPENDIX A .............. APPENDIX B' .............. ..................................................................................... .................°...............Article Summaries .................................................................................................... ........................ ASH Pamphlet ~"' APPENDIX C .............. ........................... .................................................................. .Minnesota Attorney General Letter

APRIL 2, 1993 11 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORl' AND LEGISLATIVE MATTERS CONG RES S [1] *I'nd'oor Air Quality Act of 1993 Inuoduced in Senate On March 25, 1993, Senator George Mitchell (D- Me.)l introduced the Indoor Air Quality Act of 1993 (S. 656): Relying in part upon the EPA Risk Assess- ment on ETS, Mitchelll asserted that indoor air con- tains pollutants such~ as "tobacco smoke" and that the federal government lacks a coordinated:1 and'compre- hensive response to "all'the evidence of the health effects and economic costs of indoor air pollution." The bill' is virtually identical to measures introduced and passed~ by the Senate inithe 10'1st and~ 102d Congress. It would require the appropriation of $48.5 million, for, each fiscal year from 1992 to 1996. As of this writing, a companion bill' had not been introduced in the House. However, recent, press reports indicate that such a bill" is being prepared by Representa- tive Joseph Kennedy 11 (D-Mass.) and will be introduced soon. See issue 43 of this Report, March 19, 1993. The Senate bill d'oes not identify ETS as an, indoor air contaminant. It, does, however, contain provisions that would require the EPA to publish a list designating "the contaminants that may occur or are known to occur in, indoor, air at levels which may reasonably be expected;to have an ad'verse impact oni human, health." Provisions expanding and strengthening ind'oor air research predominate, and the EPA is authorized'to work with federal agencies, industry groups and the states in improving technologies to identify sources of poor IAQ, measure health effects, an& mitigate poor IAQ An Office of Indoor Air Quality would be established'i at the EPA to oversee the It'iQ programs which would also include the publication of informa- ticnal bulletins. Although, ventilation is addressed in the bill, it plays a minor part. Essentially„the EPA would be required to assess the current use and effectiveness of ASHRAE standards and recommend to Congress those standards that would best protect the public health in light of energy conservation, goals. A number of federal'lagen- cies are given responsibilities under the proposal. NIOSH:, GSA and'the EPA, for example, would be required to develop an ind'oor air training course on HVAC operation and maintenance, recordkeeping, identification of indoor air poll'utanr sources, and remediation measures. Senator John Chaffee (R-RI) cosponsored'the measure, and it has been referred~to the Committee on EmAironment, and Public Works. Also introduced on March 25 was the Indoor Radon Abatement Act which addresses the alleged'health effects of radon gas expo- sure in homes and schools (S. 657). U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION' (OSH'A) [2] AFL-CIO v. OSHA: OSHA allows Time for Appeal to Expire The Clinton administration has apparently declined to appeal a.federal appeals court decision that invali- dated! OSHA's occupational air quality standards for some 428'substances involvedlin the construction, agriculture and maritime industries. The time for appeal expired on March 22, 1993. AFL-CIO v. OSHA (U.S. Court of Appeals, Eleventh Circuit) (decided July 7, 1'992; rehearing denied October 22, 1992). The appeals court ruled that OSHA could address multiple substances in a;single rulemaking, but that it had' not adequately quantified the risks associated'with individual substances, had failed to establish industry- specific technological or economical feasibility of the individual permissible exposure limits, and'had not adequately supported its across-the-board 4-year delay in implementation of the standard.

2 According to press reports, it was unclear whether the Labor Department's failure to appea1was a tactical decision or whether the case "may have fallen through the cracks." Labor Department sources reportedly said! that Secretary Robert Reich had recommended the case be appealed. It is anticipated'that the outcome of the case will have an impact upon efforts currently underway in Congress to redraw federal job safery laws. Representative William Ford (D-Mich.), sponsor of the House version of OSHA reform legislation, H.R. 1280, reportedly suggested that the court's decisioa should spur Con- gress to enact OSHA reform promptly. See The Washington Post, March 23, 1993; St: Louis Post Dispatch, ]vfarch 24, 1993. H.R. 1280; as well as the Senate OSHA Reform bill, S. 575, would legislatively vacate the Eleventh Circuit's decision by directing OSHA to issue an interim final regulation giving effect to the proposed exposure limits for the 428 substances. > Summaries oi reactions to OS1iA Reform legislation, ftem 5. [3) Workplace IAQ/ETS Rules Stalle&by Vacant Position According to press reports, the process of establishing workplace rules on IAQ and ETS is in lirnbo at OSH.A because an assistant secretary in charge of OSHA has not yet been~appointed. Apparently, the assistant secretary will be in a position to indicate what policy the new administration wishes OSHA to follow on these issues. According to OSHA's project officer on ind'oor air and ETS, it is unlikely that OSHA will issue aa emergency temporary standard on ETS in response to the latest petition ffled by Public Ci'tizenL See issue 41, of this Report, February 19, 1993. OSHA's reluc- tance to do so stems, in part, from its failure to prevail in any court action in.which other emergency tempo- rary standards have been challenged. See IndoorAir Quality Update, March 1993. [4] ASH v. Department of Labor: Parties Disagree About Whether to Delay Case On February 16, 11993, ASH requested! that the court hold this case in abeyance for 60 days in light of the January 1993 memorandum from then-Secretary of Labor Lynn Martin directing the agency to expedi- tiously report to the incoming,Secretary regarding ETS/lAQ REPORT, ISSUE 44 workplace ETS rulemaking options. ASH v. Depart- ment ofLabor (UIS. Court of Appeals, D.C. Circuit)! (filed December 22, 1992). In its motion to the court ASH: states, "petitioner believes the public interest would best be served by holding the case in abeyance for 60 days to determine if OSHA will proceed to resolve this matter without the necessity of Court intervention," In the alternative, ASH requests 10 additional days to respond to the Secretary's motion to dismiss. In this case, ASH'is seeking an~ order compelling OSHA to commence a separate rulemaking on ETS. In a response filed to ASH's motion„Labor Secretary William Reich~objected to the request to hold the case in abeyance and reiterated the agency's position that the case should be dismissed because there was no final agency action to review: According to the Secretary, ASH's latestt motion was a concession that "OSHA is presently considering the precise regulatory relief [ASH] seeks and that allowing the agency an additional period of time to decide the issue is appropriate and reasonable." The Secretary does not object to the 60-day period requested by ASH should1rhe court grantASH's motion to hold the case in abeyance, but notes in that~ regard, "the Secretaryy makes no representation that the issue whether and how to proceed with the regulation of ETS willl be fuIly resolved within that period." On March 6, 1993, ASH filed a reply to~the Secretary's response, arguing,that OSHA's opposition to: its motion "reinforces the finality of the Agency's decision." ASH reiterates many of the arguments made in its initial pleadings with the court and urges the court to either hold the case in abeyance or deny the motion toZsmiss and issue a briefing schedule. To-o date, no funher documents have been filed in the case: [5] OSHA Reform Legislation Garners Criticism and Support The introduction of OSHA reform legislation in the House and! Senate (H.R 1280, S. 575), has provoked mixed responses from representatives of employee and business groups and' others around the country: A summary of reported comments on the measures follows: • AFL-CIO: Margaret Seminario; director of the department of occupational safety and health, supports

APRIL 2, 1993 the reform legislation, saying "if enacted; it will lay the groundwork for improvements in~safetyand health."' • Coalition~ for~ Occupational Safety and Health (an coalition4 employers, trade groups and associations): Peter Lunnie, executive director, agrees that the Occupational Safety and Health Act of 1970 is not perfect, but says "radical reform of the statute" is not warranted: He believes the reform measures "would change itscharaczer from one of encouraging voluntary compliance on~the part of employers and empl'oyees alike to a criminal statute." • American~Sociery of Safety Engineers: Allen Macenski, acting president, criticizes the reformm measures and says OSHA errs in applying the same standard to every business. "It is ludicrous to require small employers to have written programs and joint labor-management committees,°" Macenski says. • Employment Policy Foundation (Washington, D;C.- base&business research group): The Foundation estimates that the legislation will'1cost the private sector $51 billion in new costs each year even after factoring out the cost savings from averted illnesses and accidents. • Academia: Eula Bingham, former head of OSHA during the Carter administration, does not see a groundswell ofsupport for OSHA reform; Her re- sear& shows that part of the problem is that when good jobs are scarce, "workers are afraid to complain because they really need the job:'° - OSHA insiders: Without an OSHA chief„no one is apparently setting goals and priorities. Secretary of Labor Robert Reich is reportedly spending most of his time helping President Clinton push his economic plam • New York Committee on Occupational Safety and Health (urtion-fund'ed research and education group): Joel Shufro, executive director, has "great expectations" with respect to OSHA reform, but regards the failure of the President to appoint someone to head the agenry as a: significant drawback See IVeui4, March 21, 1993. Meanwhile, Republicans in~Congress are reportedly preparing their alternative to the Democrat-backed reform measure and hope to introduce it before hearings are scheduled on the proposal this spring. According to a minority staffer for the House Educa- tion and Labor Committee, the sponsor of the House measure wants the bill considered in August, but many 3 congressional representatives believe it will take two years for the bill, to reach both floors. See Dai1y Repon forFxerutfves, March, 25, 1993. IIAQ MODEL LAW TASK FORCE [6] Task Force Continues Work on Model' Law On March 11, 1993, the IAQModel Law Task Force met to form a new subpanel charged with devising a "conceptual outline" of a new draft model IAQ law by April 2, 1993. The draft law that had been circulated to panell members late in 1992 has apparently been scrapped following extensive criticism. See issue 37 of this Report, December 18, 1992. Organizations that have expressed an interest in or have been participating in the drafting process will receive copies of the outline and will have the opportunity to submit written~ comments until April 14, 1993: The next meeting of the full panel will'be held in Washington, D.C. on April 19, 1993. It is anticipated that an approved outline will be presented at an IAQ conference in Baltimore on April 22: The IAQ Model Law Task Force, under the aegis of the Environmental Safety Council of American (ESCA), a private council of individuals claiming representation of business and' ' consumer interests, intends to draft a model law that will be made avail'able as a guide for state, county and municipal lawmakers. Meanwhile, the executive director of the American Industrial Hygiene Association (AIH.A) has reportedly withdrawn~the organization's support from the Task Force endeavor. In a letter written to ESCA, Director O. Gordon Banks reporoedlysaid A1HA originall'y agreed to become involved because the group was under the impression that the model law would provide a consensus of scientific evidence that the states could! use in formulating IAQ regulations. According to Banks, the modell law unveiled at ASHRA.E's IAQ'92 seminar in San Francisco did nott reflect the recommendations of the scientific task force. Although AIHA is officiallydissociating itself from ESCA and the Task Force, it will evidently continue to comment on any future model law activity: See Indoor Af'r Quality Update, March 1993: 2O24'7O22'77

4 U.S. ENVIRO:vIvfENTAL PROTEGTION AGENCY (EPA) [7]' Results of School Radon Survey Reported to Congress On March 18, 1993, the EPA reportedly advised the House Energy and;Commerce Committee's pand'on health and the environment that radon levels in one of every five public schools in the U.S. exceed'the EPA's safery standard. Apparently, the EPA study was based upon an acamination of 900 randomly-selected schools and projects that more than 70,000 dassrooms in 15,000 schools have high levels of radon. According to the study, students in approximately 10,000 dassrooms are exposed to radiation levels higher than those to which nuclear power plant employees are exposed. About 11 milliom students, the survey condudes, are exposed to radon levels that may present a health problem. According to Margo Oge, director of EPA's Office of Radiation and Indoor Air, readings should be taken in first-floor classrooms in every public school. She blamed poor IAQ in schools for posing a threat to children's health and reportedly estimated that most schools could solve their radon problems by taking steps that cost betwecn$3,000 and'$30,000. Representative Henry Waxman (D-Cal.), chair of the House subcommittee considering the EPA survey, cautioned parents and teachers not to panic. "Radon causes lung cancer only afier years ofexposure,°' Waxman was quoted as saying.. His subcommittee is apparently preparing to draft legislation that will address the alleged radon hazard. See Los Angeles Times, March 19, 1993. ASHRAE [8] Critics Charge ASHRAE Standards Reflect Business Interests ASHRAE, whose indoor ventilation and thermal standards serve as industry guidelines in the absence of IAQ legislation, has reportedly come under attack by unions and public interest activists who are skeptical of standards set by the private sector. Although ASHRAEE standards undergo public review before they are finalized, consumer interests, say critics, are rarely represented on the technical and project committees. ETS/IAQ REPORT, ISSUE 44 that draft and revise the standards in light of the comments received. According to the president of an Ohio corporation thar recently became involved in the standard setting process for air filters, "the committee setting is controlltd; by a typical political process. If most [large] manufacturers apply for membership, the documents will unduly reflea their interests." See IndoorAir Rcview, March 1993. STATE AND LOCAL GOVERNMENTS [91 Privacy Legislation On March 29, 1993, Virginia Governor L Douglas Wilder (D) vetoed a bill that would have prohibited employers from discriminating against any person who uses tobacco products outside of employment. The bill also would have prohibited employers from requiring, as a condition of employment, employees to use tobacco products on the job. SceS:B. 859, Regular Session (1992-93), In Pennsylvania, a bill was introduced on March 23 that would prohibit discrimination against pcrsons, who use Iawful products. See H.B& 956, 1176th General Assembly - Reg. Sess. (1993-94). In Massachusetts, a bill was introduced on January 6 that would prohibit employers from requiring as a condition of employment that any employee refrain from smoking or using tobacco outside the workplace or from discriminating against any individual with respect to employment for such activity. See H.B. 1221, 178th~ General Court - Reg: Sess. (1993). There are, for purposes of this Report, three types of privacy legislation. Thry provide protection for those who (i) engage in lawftul activities, (ii) use lawful products, and (iii) use tobacco products. Bills that would prohibit discrimination against employees who use legal products in a legal manner are under consideration in three states in addition to Pennsylvania, Alaska, Idaho, Iowa, Montana and Nebraska. Bills that would prohibit discrimination against employees who engage in lawful activities away from the workplace are pending in six states: Florida, Hawaii, Iowa, Kansas, North Dakota and Washington. Bills that would prohibit employers from descriminating against employees who use tobacco products specifically are pending,in three states: Alabama, Massachusetts and Pennsylvania. 2024'702278 C C C

APRIL 2„ 1993 [101 ETS-Related State and Local Legislative Activities Because of space limitations, the following discussion reflects only a portion of the state and local legislative activity relatedto ETS. The fax communication sheet at the end of this Report may be used to request information about ETS-related legislation~not appearing here. • California On March 1, 1993, a bill was introduced that would prohibit smoking at any time inside any building owned, leased, or occupied by the lpgislature. Another bill, introduced February 22, 1993, would authorize a city or county to enforce its ordinance regulating the smoking of tobacco in a private residence licensed as a family day care home during its hours of operation and in those areasofthe facility where children are present. The bill prohibits the smoking of tobacco on the premises of a child day care center. See A.C.R. 27 and A.B. 615, Regular Session (1993-94). *Local Governments in California According to a news report, the San Mateo City Council approved a smoking ban in businesses and restaurants that prohibits smoking in bar areas of restaurants where there is no barrier between diners and bar patrons. An earlier versioni of the measure would have apparently forced bars to reserve halfof their seating for nonsmokers and would have prohib- ited smoking in private banquet rooms m restaurants, Both provisions were removed. See The SanFrancisco. Chronicle, March 16, 1993. The Sausalito CiryCouncil postponed voting on an ordinance that wouldhave prohibited smoking in all public places, including bars and outdoor restaurants. According to a news report, bar and restaurant owners opposed the ordinance and claimed they would fight it. See The San Francisco Chronicle, March 18, 1993. •Illinois On March 10; 1993, a bill was introduced thatwouldl prohibit smoking in elementary and secondary schools, municipal'1 teen centers, and all licensed day care facilities. SeeS.B. 985, 88th General Assembly - Reg: Sess. (1993-94): Several other bills relating to banning smoking in day care facilities have been introduced. See H.B. 1617, H.B. 1540; and S.B. 693. Other bills have been introduced that would prohibit smoking areas in restaurants and would guarantee a smoke-free work- place. See H.B. 1988 and' H.B. 1151 5 + I*1ew Jersey According to a news report, the New Jersey Assembly Environment Committee has stopped a measure that would ban smoking in all restaurants. According to the report, an~Assemblywoman saidthat legislation was necessary because children and nonsmokers frequent restaurants, and because the ETS Risk Assessmentt found that ETS is reported to be "dangerous." See United Press International, March 22, 1'993: •Ohio According to a news report,,the Akron City Councili passed a comprehensive smoking ban prohibiting smoking in any city-owned building or vehicle. Mayor Donald Plusquellic was reported'to refer to the recent EPA Risk Assessment on ETS when he said that the city hadlan obligation.to protect its workers' health and to insulate the city from lawsuits that could be filed by people who say they contracted' lung cancer from City Hall smoke. Also und'er consideration is a smoking ban in Summit County's main office building andin the County Jail. Under the measure,, prisoners at the jail would be allowed to smoke only in the outdoor exercise area. See The Plain Dealer, March 19, 1993' •P'ennsylvania According,to news reports, on~March 22, 1993s a.bill was introducedthat would ban smoking in workplaces, indoor public places and some outd'oor facilities: See Gannett News Service, March 23, 1993, and United Press International, March 22, 11993: •Rhode Island On March, 18, 1993, a.bill passed the House and was sent to the Senate that would prohibit smoking in hallways of elderly housing complexes. Another bill was introduced oni February 24, 1993, that would ban smoking in restaurants. SeeH.B. 6748 and'H.B. 6715, Regular Session (1993): •Local Governments in Texas According to a news article, the Arlington City Coun, cil' is considering an ordinance that would ban smoking in the workplace. According to the news report, the city council member proposing the ordinance said that ~ the recent EPA Risk Assessment on ETS prompted him to push for the new restrictions. Also, employers could not "discriminate, discharge, or in any other manner retaliate against any employee exercising a right created by this ordinance," a draft of the ordi- nance was reported to say. See The Dallas Morning News, March 11, 1993.