REGULATION OF SMOKING IN THE WORKPLACE

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CIA-RDP88G01332R000300250001-1
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RIPPUB
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K
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69
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December 27, 2016
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November 14, 2011
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1
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Publication Date: 
July 14, 1986
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MEMO
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STAT Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 EXECUTIVE SECRETARIAT ROUTING SLIP ACTION INFO DATE INITIAL 1 DCI 2 DDCI 3 EXDIR 4 D/ICS 5 DDI DA 7 DDO 8 DDS&T 9 Chm/NIC 10 GC 11 IG 12 Compt 13 D/OLL 14 D/PAO 15 D/PERS 16 VC/NIC 17 18 19 20 21 22 Remarks To 6: Please have response prepared for EXDIR Signature. STAT x rve ecre ary 2 Jul 86 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 TRANSMITTAL SLIP July 28 , 1986 I TO: Mr. William J. Casey, DCI RgBt8o. REMARKS: .UILDING Qs Attached please find for your review a memorandum recently presented primarily by FBIS employees to Agency safety and health officials. It addresses an issue that transcends the jurisdiction of any individual office or group of offices. STAT Donnelly, DDA & CIA ROOMM N0. BUILDING an ea t, 7D21+ Hqs Attached please find for your review a memorandum recently subscribed primarily by 2BIS employees. It addresses an issue that transcends the jurisdiction of any individual office or group of offices. STAT FORM NO, 1 FEB 56 . STAT STAT Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 l I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 /A R July 14, 1986 STAT Environmental Health and Preventive Medicine Officer Office of Medical Services From: Individual Agency Personnel Subject: Regulation of Smoking in the Workplace Enclosures: (15) 1. Testimony of Surgeon General C. Everett Koop on H.R.4488, H.R.4546, June 12, 1986. 2. Testimony of Lawrence Garfinkle before National Academy of Sciences (NAS), January 29, 1986. 3. Testimony of John F. Banzhaf III before NAS, January 29, 1986. 4. Testimony of John C. Topping, Jr., before NAS, January 29, 1986. 5. Editorial from AMERICAN REVIEW OF RESPIRATORY DISEASE (1986) by Scott T. Weiss. 6. Editorial from AMERICAN REVIEW OF RESPIRATORY DISEASE (1986) by Robert J. Mason. 7. Testimony of Peter Hanauer on H.R.4488, H.R.4546, June 12, 1986. 8. Testimony of Stanton A. Glantz on S.1440, September 30, 1985. 9. American Lung Association news release on Gallup poll, December 5, 1985. 10. U.S. Merit Systems Protection Board notice (April 29, 1986) and news release (May 13, 1986). 11. General Services Administration news release and proposed rule, May 22, 1986. 12, 13, 14, 15. Senate bills S.1440 (July 16, 1985), 5.1937 (December 12, 1985), House bills H.R.4488 (March 21, 1986), H.R.4546 (April 9, 1986). STAT Pursuant tol ~ which identifies each employee's "right to comment on safety and health standards the Agency follows or proposes," the undersigned, for the most part from FBIS, in the interest of achieving and maintaining a wholesome work environment with its obvious implications for morale and productivity, respectfully draw your attention to the health threat and discomfort caused by the virtually unrestricted use of tobacco products in Agency worksoace in weneral and at of FBIS in particular. In accordance STAT with we bring these hazards to your attention and we look for a timely review and resolution of the problem. We address our appeal to you because of your professional qualifications and because as Environmental Health and Preventive Medicine Officer you are the logical party to advise the Agency Safety and Health Committee and Agency policymakers on this matter so that a uniform clean air policy can be established throughout the Agency. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 In our judgment, the workforce has been left unprotected from ambient tobacco smoke, an increasingly recognized threat to everyone and a source of irritation and suffering for many. This situation exists at a time when American society as a whole has come to recognize secondhand, or passive, smoking as a serious hazard. Given the current state of our knowledge on the magnitude of the threat represented by such smoke and our own personal experiences at various worksites, it is clear that the remedies prescribed in the present regulation on smoking in A enc occupied buildings and facilities under the heading STAT "Logistics" - which is nearly identical to current GSA rules, are inadequate. The legal basis for remedying this problem is a sound one, considering Agency recognition of each employee's "right to work in an environment free of safety STAT and health hazards" We are further encouraged by a July 22, 1983 Office of General Counsel memorandum of law which notes that our Agency is free to adopt what it considers to be an appropriate safety and health policy. This freedom to act is especially necessary at a time when many concerned persons are looking with hope to the proposed new GSA regulation on smoking in the workplace, which, while a promising development in the general trend toward protecting employee health, would fall short of providing adequate protection. It would allow smoking in "private offices," a concept which, when discussing the movement of tobacco smoke, simply does not exist since smoke flows from private offices into anterooms occupied by secretaries and/or into the increasingly common bay-type work areas, effectively undercutting efforts to keep the air clean in nonsmoking workspace. This predicament is exacerbated by the transportation of smoke, with its unfilterable gases, by air conditioning systems from the sites of origin to all parts of the building, by seepage under and around closed doors separating distinct work areas, by movement between floors through wiring passageways, and between rooms on the same floor via common dead-air space above false ceilings. John C. Topping, Jr., EPA Staff Director of the Office of Air and Radiation, testifying before a National Academy of Sciences Committee on January 29, 1986, discussed the problem in the following terms: "Efforts to protect the lives of nonsmokers will necessarily involve severe restrictions or bans on workplace smoking, especially in enclosed environments .... Significantly protective standards against involuntary inhalation of dangerous quantities of tobacco smoke are not likely often to be met by sequestration and ventilation in most buildings. If we are to achieve tobacco smoke risk levels for nonsmokers no higher than those we tolerate for industrial carcinogens, air exchange rates akin to those found in wind tunnels would often be required." Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 For FBIS, with its anticipated move to new quarters that will feature even more bay-type workspaces into which numerous private offices will open, the potential for increased suffering should be clear. Moreover, to allow smoking in private offices, while enforcing, say, the proposed GSA ban in general work areas, would bring with it unsavory class distinctions, whereby a relative few would enjoy a license to smoke, heedless of the impact on others. For the above reasons we urge the Agency to move from its current regulation on smoking--which is based on a model generally regarded as among the weakest in the nation--to one clearly oriented toward providing the healthiest workplace possible for employees, both nonsmokers and smokers. * * * We specifically propose that smoking be restricted to externally vented, separately air conditioned smoking rooms, for the convenience of those who wish to smoke indoors and for the protection of those who do not smoke by choice and do not wish to smoke passively. Use of these rooms would be required only when an employee chose to smoke; no one would use the rooms as a permanent office. While some remodeling costs would be incurred, a high material price is already being paid under the current policy that allows smoking, viz. diminished productivity and increased insurance and sick leave costs. Among the most important benefits that would derive from restricting smoking as here suggested are: * the comfort of most employees and a more healthful setting for absolutely all employees, especially those for whom exposure to even small amounts of smoke causes pulmonary and other airway complications, dizziness, headaches and nausea; * elimination of situations where equal employment career opportunities are passed up or lost because, in practice, an unspoken requirement of a given job is that it be performed in an atmosphere permeated by tobacco smoke; * help for current smokers enrolled in smoking cessation programs, which, judging from Agency notices, are seen as worthy of promotion; * enhancement of the health benefits derived from any fitness facility on the premises; * reduced health, life, fire, and accident insurance costs for both employees and the government, plus a cut in the price of health and life insurance costs for retirees; * avoidance of the organizational and logistical problems inherent in the creation of separate smoking and nonsmoking offices, an idea suggested by some parties. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 We view the smoking room proposal as the only viable solution for dealing with the problem at hand short of a complete ban. Necessarily strict, it is clearly in step with a growing tide of proposals, programs, and expert judgments in favor of dealing firmly with the problems arising from smoke in the workplace, including: * A series of warnings from the nation's surgeons general, including those of C. Everett Koop, on the health dangers of tobacco smoke and the need of everyone for a smoke-free environment in which to work and live, most recently in testimony of June 12, 1986 before a subcommittee of the House of Representatives. Koop there noted how one of many studies on the dangers of passive smoking identified ambient tobacco smoke as responsible for "more cancer deaths annually than any other agent currently regulated by the Environmental Protection Agency." Elsewhere in the same testimony he cited a study that showed nonsmoking adults exposed to cigarette smoke in the workplace suffering "a decrease in small airways function equivalent to that decrease observed in light smokers." * Regulatory actions taken by corporations, municipalities, states, and government agencies, including organizations presently having total bans on smoking in the workplace, such as the U.S. Merit Systems Protection Board, New England Telephone, Pacific Northwest Bell, Union Mutual Life Insurance Co.; and others restricting it in the workplace but preparing to implement total bans on work premises and/or resolving conflicts in ways consistent with recognition of nonsmokers' prior right to clean air: Boeing Aircraft Company and Chesapeake and Potomac Telephone Co., for example. * Legislation before the House of Representatives and Senate (S.1440, S.1937, H.R.4488, and H.R.4546) recognizing secondhand smoke as a significant health hazard, acknowledging the individual's right to work in an environment free of smoke, and, in several instances, allowing government agencies to establish rules stricter than those proposed in the bills themselves. * The proposed regulation of the General Services Administration, already noted above, which includes language that both sanctions rules stricter than those contained in its own draft and allows for expenditures necessary for achievement of the regulation's end (this is especially significant because the current GSA regulation prohibits "costly alteration" of office space). The new regulation, according to GSA Administrator Terence C. Golden, is part of a program aimed at "total wellness" of government workers. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 * A Gallup poll conducted for the American Lung Association in July 1985, which found that 80 percent of current smokers, 92 percent of nonsmokers, and 89 percent of former smokers believe that employers should either ban workplace smoking completely or restrict it to designated smoking areas. * A recent U.S. Public Health Service survey, which showed that 78 percent of those polled believe employers have a right to prohibit smoking at work. * A January 21, 1986 FBIS Near East Asia Division memorandum reporting personnel desires for "a vented smoking room with worktables or desks, unless smoking is banned altogether." * A June 6, 1986 memorandum issued by the FBIS Quality of Life Subcommittee, Building Group, which recognized ambient tobacco smoke as "a major concern to a large number of employees" in FBIS. We believe that the foregoing discussion and the supporting documents that follow provide essential guidance for a necessary review of the Agency Safety and Health Program treatment of smoking in the workplace, a review based on the belief that everyone possesses the fundamental right to clean air, a right that exists prior to and takes precedence over any individual's right to smoke. Furthermore, some of us stand ready to collaborate in planning the implementation of the needed reforms. cc: DCI; OGC; IGO; DDA; DDST; DFBIS; editor, MEDICAL NEWSLETTER Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 STAT Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Next 4 Page(s) In Document Denied Iq Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 STATEMENT OF C. EVERETT KOOP, M.D. SURGEON GENERAL PUBLIC HEALTH SERVICE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES BEFORE THE SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT COMMITTEE ON ENERGY AND COMMERCE U.S. HOUSE OF REPRESENTATIVES JUNE 12, 1986 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Mr. Chairman, Members of the Committee: I am pleased to appear before you today to discuss the public health aspects of efforts to restrict smoking in Federal buildings. At the outset, let me note that we defer to the General Services Administration (GSA) in the formulation of public buildings' policy. As you know, the GSA has recently promulgated proposed guidelines similar to those contained in the two bills before your Committee (H.R. 4488 and H.R. 4546). My Office and the Office on Smoking and Health have met on numerous occasions with the Administrator of the General Services Administration and various staff to discuss features of the currently proposed regulations to ensure that nonsmokers' rights are protected to the extent possible. My expertise is in the field of public health and I would like to express my views about the public health aspects of these measures. For the past 15 years, the Public Health Service has supported the reduction of nonsmokers' exposure to ambient tobacco smoke. For example, a component within the Public Health Service, the Indian Health Service, as part of its emphasis on disease prevention and health promotion, has recently adopted a policy that all Indian Health Service facilities should be smoke-free environments. Nonsmokers, as you are probably aware, make up more than two-thirds of our adult population. Increasingly, this majority has become more and more vocal concerning their right to breath air that is free of pollutants emitted from burning tobacco. As this majority finds existing administrative procedures for settling workplace grievances unsatisfactory, they are turning to the courts for relief. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 I believe such procedures for protection of nonsmokers rights to be adequately justified in the scientific literature. I would like to briefly summarize the Public Health Service's current understanding of the scientific evidence which we feel justifies restrictions on smoking. The health effects of cigarette smoking have been known or suspected for over 50 years. It was not until the 1950s, however, that a number of well designed epidemiological studies conclusively demonstrated an association between cigarette smoking and lung cancer as well as other cancers. The scientific base linking smoking to various chronic diseases is now overwhelming, totalling more than 50,000 studies. This evidence led scientists to suspect that tobacco smoke emitted into the air of enclosed indoor environments may also have an effect on health. In the 1970s, investigators began to turn their attention to the possible health effects of passive smoking. The early research designs looked primarily at artificial environments and centered on measuring chemical constituents such as carbon monoxide, tars, benzopyrene, nicotire and other substances found in tobacco smoke. In many studies the environments were strictly controlled laboratory exposures. We know today that cigarette smoke contains over 4,000 known constituents, some five dozen of which are known carcinogens, tumor promoters or initiators. Many of these constituents are found in side-stream smoke in greater concentrations than in mainstream smoke. Some of these are illustrated in Table 1. Tar, the fraction of tobacco smoke that is usually associated with the carcinogenic process, is 70 percent higher in side-stream than in mainstream smoke. Carbon monoxide is 2.5 times greater; ammonia 73 times; benzopyrene 3.4 times; and nicotine 2.7 times greater in side-stream than in mainstream smoke. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Side-stream smoke is released into the ambient air, resulting in dilution. Nonsmoker (and smoker) exposure is dependent upon the amount of smoke generated, the volume of ambient air, and the type and amount of ventilation of the occupied space. While absorption of smoke constituents by nonsmokers in smoked filled spaces has not been completely characterized, a recent Japanese report by Matsukura, Taminato and associates using urinary cotinine levels as a marker for exposure, found that some heavily exposed nonsmokers actually absorbed the equivalent of one to two cigarettes per day (Figure 1). Contaminants from tobacco smoke are found everywhere, in homes, offices, worksites, and other places where people are permitted to smoke. Sometimes levels of these constituents are higher than are allowed in National Ambient Air Quality Standards (NAAQS). Repace and Lowrey, in their 1980 study, found excessive levels of particulate matter from tobacco smoke in every one of the 19 environments where smoking was taking place. Short-term concentrations exceeded levels of National Ambient Air Quality Standards by factors ranging from 1.2 to 10 and more (Figure 2). Differences in the carcinogenicity of side-stream and mainstream smoke may also exist. Wynder and Hoffmann found side-stream smoke condensate to be more tumorigenic per unit weight in mouse skin assays than mainstream smoke condensate. The rationale and concern for the possible health effects of passive smoking are well founded in the epidemiological literature on active smoking which has Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 consistently noted a strong dose-response effect. Data from the major prospective studies have documented a greater than four-fold excess risk of lung cancer for those smokers consuming nine or fewer cigarettes daily. As the level of daily smoking increases so does the lung cancer'death rate. Figure 3, extracted from the American Cancer Society study of more than 1 million men and women followed prospectively for 12 years, illustrates the dose-response effect for four levels of daily cigarette consumption. A dose-response effect has also been observed by the length of time one has smoked, an earlier age of initiation, depth of inhalation, and other variables. In short, the greater the overall exposure to tobacco smoke, the greater the health risk. One study conducted among nonsmoking adults exposed to ambient tobacco smoke noted a decrease in small airways function equivalent to that decrease observed in light smokers. This study population consisted of nonsmoking adults who did not live with smokers but were exposed to cigarette smoke at the workplace. Nonsmokers who are exposed to tobacco smoke in the air absorb nicotine, carbon monoxide, and other constituents, as do smokers, although, as would be expected, in smaller amounts. The amounts they absorb are dependent on the extent and length of exposure and the quality of ventilation. In the 1982 Surgeon General's Report on the Health Consequences of Smoking and Cancer, three epidemiological studies were cited that dealt with passive smoking and cancer. The findings of these studies, one each in Japan, the United States, and Greece, indicated that nonsmoking wives of smoking husbands experienced higher lung cancer rates than nonsmoking wives of nonsmoking husbands. In the studies from Japan and Greece the differences were statistically significant, while Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 the differences in the United States study were not. In the past four years, however, many additional studies have been published (Table 2). Of the 15 studies to date which have examined the link between passive smoking and lung cancer, only three have not shown a positive correlation and several report statistically significant results. The case control study by Garfinkel et a! is particularly important to note, as the investigators designed the study to take into consideration many of the problems found in other studies. These investigators examined 1,175 women with lung cancer from four hospitals between 1971 and 1981. Eight hundred and ninety eight of these women (76 percent) were identified as smokers according to hospital records. Of the 283 remaining women 36 or 12.7 percent were proved histologically to have other than lung cancer and another 113 or 40 percent were found to be smokers upon re-interview. These cases were excluded from the study. In all, 134 cases of lung cancer were available for analysis, and these were compared to 402 cases of colon-rectum cancer which served as controls. All were nonsmoking women. Two findings are significant. Women whose husbands smoked 40 or more cigarettes per day had a two-fold risk of developing lung cancer (1.99) and women whose husbands smoked 40 or more cigarettes per day in the home had a slightly greater than two- fold (2.11) risk of lung cancer. The strength of this study, however, is that the authors were able to eliminate those women from the study pool who were originally misclassified as nonsmokers and all lung cancers were histologically confirmed. A logistic regression analysis showed a significant positive trend of increasing risk with increasing exposure to husbands smoking at home, controlled for age, hospital, socioeconomic class, and year of diagnosis. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Two additional studies, soon to be published, are purported to also -show a strong positive correlation between passive smoke exposure and an increased risk for lung cancer. More recently, studies have also indicated that nonsmokers may be at risk for developing coronary heart disease as a result of exposure to ambient tobacco smoke. In an attempt to provide a public health estimate of the number of lung cancer deaths that might be attributed to passive smoke exposure each year, Repace and Lowery constructed an exposure model which provided that between 500 and 5,000 lung cancers among nonsmokers may result. Even if the lower figure is accepted, exposure to ambient tobacco smoke would represent more cancer deaths annually than any other agent currently regulated by the Environmental Protection Agency. Finally, two major reviews on environmental tobacco smoke's effect on nonsmokers were published this past month. One by the Office of Technology Assessment and the other by the International Agency for Research on Cancer (IARC) in Lyon, France. The Office of Technology Assessment Staff Report concluded "The epidemiologic evidence from a number of studies is generally consistent with the biologically plausible hypothesis that passive exposure to tobacco smoke can cause lung cancer." The Office of Technology Assessment Report observed that published studies to date, while not free of flaws in methodology and design, particularly in their measurement of exposure to tobacco smoke, do not invalidate the studies, and that the data are sufficient to warrant serious concern because of the number of people in the population who are currently exposed to such contaminated environments. The International Agency for Research on Cancer (IARC) of the World Health Organization concluded that "passive smoking gives rise to some risk of cancer." IARC supported this conclusion on the basis of the Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 characteristics of side-stream and mainstream tobacco smoke, absorption of these substances by nonsmokers, and the nature of the dose-response relationship consistently observed for active smoking and lung cancer. As with the OTA report, IARC appropriately based its conclusion on the basis of the biological plausibility Surveys conducted by the Department of Health and Human Services, the American Cancer Society, and even the Tobacco Institute show that the majority of people, smokers as well as nonsmokers, favor reasonable restrictions on smoking in public places including the workplace. In fact, these surveys indicate strong public sentiment favoring the restriction of public smoking. In the survey conducted by the Tobacco Institute, the majority approved of segregating smokers in every one of the public places tested, including trains, airplanes, buses, theaters, eating establishments, and in workplaces and offices. Last year the Gallup Poll and the American Lung Association in their biennial survey of attitudes toward public smoking found that 75 percent of all adults, including 62 percent of smokers, agreed that smokers should refrain from smoking in the presence of nonsmokers and 79 percent agreed that companies should have a policy on smoking at work. The percent of adults expressing agreement with these two statements increased since 1983 when the survey was first conducted. More than 40 states have enacted legislation that controls, restricts, or prohibits smoking in public places. Many of the laws address select circumstances such as elevators while many others have enacted "Comprehensive Clean Indoor Air Acts." This legislation has not been enacted for reasons of fire or safety, per se, but to protect the rights of the nonsmoker to breathe clean air. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 1 I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 In a recent review conducted by the Office on Smoking and Health of all state legislation enacted through 1985, 17 states were identified which have enacted legislation relating to smoking in offices and other workplace settings. (Figure 4). Many address smoking among Government employees or in Government offices. However, 12 also address non-Government settings. California, for example, requires that state departments employing more than 50 workers adopt a written policy providing nonsmokers a smoke-free environment in meetings and at individual work stations. The statutes of Connecticut and New Jersey mandate that employers of more than 50 workers establish and post written rules regarding smoking and nonsmoking within their facilities. Several states impose restrictions on smoking in workplaces not usually frequented by the general public. Minnesota, Nebraska, and Utah have directed their state health. departments to establish rules to prohibit or restrict smoking in factories, warehouses and similar places of work. The legislation, as proposed in the Senate and now the House of Representatives, parallels actions taken by several large corporations, including the Boeing Company of Seattle, Aetna Life and Casualty Company, Texas Instruments and others that have instituted measures whereby smoking is either banned or restricted to designated areas in the workplace. Mr. Chairman, in summary, I personally believe that sufficient evidence exists to indicate that nonsmoker exposure to ambient tobacco smoke is hazardous to their health, that such exposure can cause lung cancer and probably other diseases, and that we should not delay public health measures to reduce or eliminate exposure to an agent proven to represent a substantial health threat. Mr. Chairman, this concludes my statement. I will be happy to respond to questions. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 ASH SPECIAL REPORT National Academy Of Science Hearings On Passive Smoking Action on Smoking and Health joined scientists, health professionals, and others in testifying before the Na- tional Academy of Sciences (NAS) on the health effects of ambient or passive tobacco smoke. The NAS, an organization chartered by Congress in 1863 to give federal agencies independent scientific advice on technical issues, was asked by the Environmental Protection Agency to study and report on two issues: how can indirect exposure to tobacco smoke be measured, and what are its effects on health? As part of this process, the NAS's Committee on Passive Smoking heard testimony on Wednesday, January 29,1986, from approximately twenty witnesses, almost half of them associated with the tobacco industry Generally, the testimony and views of government officials, representatives of major health organizations, and independent scientists agreed that there is more than enough scientific and medical evidence to warrant action. On the other hand, the opinion of the tobacco industry and the members of a so-called "Indoor Air Pollution Advisory Group"-individuals whose research is funded by the tobacco industry-is that the evidence is weak and the studies flawed, and that the ill effects many people feel when exposed to tobacco smoke could easily be caused by other things. Because of the importance of this issue and of the proceedings before the National Academy of Sciences, ASH presents this Special Report, which contains excerpts from the testimony before the Committee and from some of the materials referred to. NOTES 1. Materials printed in smaller type are from the actual documents cited. Omissions and footnotes are generally NOT indicated. 2. Materials in larger type are comments or additions by ASH, and should not be attributed to the authors. 3. Items in brackets are footnotes from the original document if the notation "fn." appears; otherwise, they are comments or additions by ASH. 4. ASH regrets that it cannot respond to requests for individual copies of the documents. Requests should be sent to the individual authors or the NAS, 2100 C St. NW, Washington, DC, 20006. Statement of the Coalition on Smoking OR Health by Lawrence Garfinkle, Vice Presi- dent for Epidemiology and Statistics, and Director of Cancer Prevention for the American Cancer Society This Statement is of particular impor- tance for two major reasons. The first is that not only is Mr. Garfinkle a very prominent researcher in the area, but also he speaks here on behalf of the three major national health organi- zations. The second is that the tobacco industry has quoted Mr. Gar- finkle-he says misquoted-in a number of their ads about passive smoking (see discussion following the Statement). I am Lawrence Garfinkle, Vice President for Epidemiology and Statistics and Director of Cancer Prevention for the American Cancer Society. I am speaking on behalf of the Coalition on Smoking OR Health, whose member organi- zations the American Heart Association, the American Cancer Society, and the American Lung Association founded the Coalition in March 1982 to bring smoking prevention and education issues to the attention of legislators and other government officials. I have published two studies on involuntary smoking and lung cancer, one a prospective study and one a case control study, the latter appearing in the Journal of the National Cancer Institute in September, 1985. I am pleased to have this opportunity to present the views of the Coalition and myself about involuntary smoking. Evidence continues to accumulate on the harmful effects of environmental tobacco smoke. Many people, allergic and non-allergic, complain of the acute effects of exposure to -- Declassified in Part - Sanitized Copy Approved for Release 2011/11/14 : tobacco smoke. In one study of non-allergic per- v' sons exposed to environmental tobacco smoke, nearly 70% said they suffer from eye irritation, 30% indicated they experience nasal discom- fort, 30% get headaches and 25% develop a cough. Of those individuals who say they are al- lergic to tobacco smoke, the percentages complaining of various symptoms are even higher. The relationship of involuntary smoking and cancer has generated the most interest and sci- entific inquiry. Studies in both Japan and Greece revealed that women nonsmokers married to smokers have higher risks of lung cancer. In the Japanese study, nonsmoking wives of heavy smokers had an 80 percent high- CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 a1 11plr v1 auyun n 1y luny cancer, wnae the ureeK study showed nonsmoking wives of heavy smokers had a risk of developing lung cancer three times that of nonsmoking wives married to nonsmokers. In a case-control study by the American Can- cer Society of 134 lung cancer cases and 402 controls, wnicn used four different methods to measure exposure to tobacco smoke, invol- untary smoking increased the risk of lung can- cer from 13 percent to 31 percent. This overall risk was comparable to that shown by an earlier American Cancer Society prospective study, although the earlier study did not show a rela- tionship between an increased risk of lung can- cer in the nonsmoking wife and the number of cigarettes smoked per day by her husband. The latest ACS study did show a dose response relationship based on the number of cigarettes smoked by the husband. The risk of lung cancer doubled in nonsmoking women whose hus- bands smoked 20 or more cigarettes a day at home. Several investigators have shown that certain chemical constituents in sidestream smoke (including "tar" and nicotine) are found in much greater concentrations than in mainstream smoke. A number of studies have also demon- strated that involuntary smokers have higher levels of cotinine in blood plasma, urine or saliva than nonexposed nonsmokers. Cotinine is a metabolite of nicotine and is considered an accurate measure of exposure to tobacco smoke. The evidence linking involuntary smoking and lung cancer is growing. At least two addi- tional case-control studies, each with large numbers of nonsmoking lung cancer cases, are in press. Both new studies show essentially the same dose response relationship between risk of lung cancer and exposure to tobacco smoke as described above. Several other large multi- center studies are now underway as well. In addition, involuntary smoking may also exacerbate symptomatic coronary heart disease. At a recent American Heart Associa- tion meeting, report was made of increased risk of death from coronary heart disease due to in- voluntary smoking. This paper is now being pre- pared for publication. Although this report is preliminary and additional studies are required to confirm the finding, this could be an even more serious public health problem than lung cancer, as many more deaths would be involved. After the first studies linking active smoking and lung cancer in the early 1950s, such as the Hammond-Horn study in 1954, it took six years before the American Cancer Society issued its first policy statement on the dangers of cigar- ette smoking, and even then ACS limited its concerns to teenage smoking. Many said at that time that more proof was needed before the relationship between active smoking and lung cancer could said to be proved. Speculation about confounding factors such as personality and genetic background impeded those urging initiatives to stem the growing tide of American smokers. Not until the 1964 Surgeon General's report (ten years after the Hammond-Horn study) did education initiatives about the dangers of smoking take hold and begin to have an effect on the nation's smokers. The Coalition believes that the evidence ac- ASH Review AnriI 1QAA P Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 tors consequences of involuntary smoking is sufficient to recommend that action be taken to protect the health of nonsmokers in the work. "Involuntary smoking may also exacerbate symptomatic coronary heart disease ..this could be an even more serious health problem than lung cancer, as many more deaths would be involved." place and in public places. Although more research is needed to determine the details of the relationships between nonsmokers' expo- sure to tobacco smoke and lung cancer and coronary heart disease, the question of whether the involuntary smoker faces a health risk has been answered. The risks posed by involuntary smoking may be much smaller than those posed by active smoking, but the potential num- ber of affected individuals is much, much greater. We should take our lesson from the events of the 1950s and 60s. The time to act is now. The R.J. Reynolds Tobacco Com- pany, in national ads designed to reassure nonsmokers about passive smoking, has quoted Mr. Garfinkle of the American Cancer Society as saying that passive smoking had "very little, if any" effect on lung cancer rates among nonsmokers, and that "passive smoking may be a political matter, but it is not a main is sue in terms of health policy." Mr Garfinkle has publicly labeled the latter use of his work "scandalous and hypocritical" because it was taken out of context from its origina source, and further distorted it meaning for purposes of the adver tisement. The most recent study Mr Garfinkle mentioned-Garfinkle Auerbach, and Joubert, "Involuntary Smoking and Lung Cancer. A Case. Control Study," J. Nati. Cancer Inst 75(3):463-469, Sept. 1985-found that the chances of developing lung cancer for women whose husbands smoked were 30 percent higher than for wives of nonsmokers even after correcting for the fact that wives of smokers are more likely to be smokers or exsmokers. When the husband smoked more than a pack a day at home, the woman's risk was over 100 percent higher. The study concluded: This indicates that lung cancer is very uncommon among women who don't smoke. Their risk is very small. But we've found that living with a smoker and breathing smoky air heightens the chance that a nonsmoker will develop lung cancer, and that the risk increases the more the smoker smokes per day. On The Effects Of Passive (Or Involuntary) Smoking By Nonsmokers by John F. Banzhaf III, Executive Director and Chief Counsel, Action on Smoking and Health (ASH) Because Action on Smoking and Health is primarily a legal action rather than a scientific organization, and be- cause the major scientific studies in the area had already been fully discussed before the NAS committee, ASH decided to use its limited time to emphasize several common-sense points in its testimony. My name is John Banzhaf, and in addition to my position as Professor of Law at the National Law Center of the George Washington University, I am Executive Director and Chief Counsel of Action on Smoking and Health (ASH). ASH is a non-profit tax exempt scientific and educational organization headquartered in Washington, D.C. It is the only national organization concerned solely with the problems of smoking. ASH is generally credited with initiating the nonsmokers' rights movement by first successfully petitioning for no-smoking sections on airlines, helping to pass the first two state- wide nonsmokers' rights laws in Arizona and South Dakota, and by developing the "THANK YOU FOR NOT SMOKING" sign. Since the very beginning, ASH, which serves as the legal-action arm of the antismoking community, has been in- volved directly or indirectly in most of the judicial, regulatory, and legislative proceedings related to the problems of protecting nonsmokers from the adverse effects of ambient tobacco smoke. It is SMOKING AND HEALTH REVIEW. ; Action on Smoking and Health. 2013 H St.. N.W.. Washington. DC 20006. Action on Smokina and Health a nalln~al r.. tax on Declassified in Part -Sanitized Copy Approved for Release 2011/11/14 CIA-RDP88GO1332R000300250001-1 ,......op.... v.., w uroa. siwws in me ngnti of testify. nonsmokers, and in some situations have even the evidence normally required to take action Although I have a scientific degree from M.I.T., ordered compensation. with regard to other suspected public health two U.S. Patents, and have published almost a Surely the fact that many people with various problems (eg., industrial exposure, outdoor air dozen technical papers, and although in the susceptibilities suffer severe health problems pollution), and to the strength of the evidence course of my work I have become generally from exposure to ambient tobacco smoke is not concerning well-known public health problems familiar with the scientific and medical evidence open to question, and no further detailed as to which action has long since been taken related to the effects of passive smoking, my studies are necessary. While attempting to (eg., lead in gasoline, food additivei testimony is primarily that of a layman and not a better quantity the number of such people and I can testify from personal experience that a scientist. For these reasons I would like to very the nature and severity of their reactions might great deal of confusion has occurred with briefly address, not the methodologies of per. be useful, it. is far from necessary for purposes regard to discussions of debated about whether forming or evaluating the individual studies, but of establishing this simple fact. ambient tobacco smoke is a cause of lung rather the form the ultimate findings should take Equally clear is the fact that many-perhaps cancer. Since your report is designed at least in to most fairly and effectively fulfill your mandate a majority-of nonsmokers with no particular part to provide information to the lay public- of making not only a comprehensive but also a susceptibilities suffer real physical irritation including regulators, legislators, and other clear and understandable report to the public on upon exposure to tobacco smoke in typical officials-it is respectfully suggested that it this important issue. ` social situations. The most common must take into account the most popular forms In summary, ASH has four major recommend- manifestations, in order of decreasing of confusion or misunderstanding and directly ations: frequency, are eye irritation, nasal symptoms, address them. I. That your report forcefully and without equivo? headache, cough, wheezing, sore throat, The first problem is that many people believe cation document those shortterm health hazards hoarseness, and dizziness. Once again this fact that a scientific proposition such as causation and physical Inflations caused by ambient tobec- is so well known that it is hardly open to any is either "proven" or "not proven"; i.e., that there co smoke as to which there is no serious doubt, serious doubt or in need of further studies. is some certain and easily determined quantum and clearly distinguish time from the long-term Indeed, it is so well known that a major brand of or standard of evidence that must be met in consequences as to which some may have eyedrops actually advertises its product for order to prove the proposition, and that at any doubt. relief from the "red eyes" caused by exposure to lower level the proposition is not proven. In In seeking to determine whether various sub- cigarette smoke. short, they do not realize, as scientists do, that stances-such as lead from gasoline, workplace In any body or randomly selected group of propositions such as causation only tend to be chemicals, food additives and residues, and con- nonsmokers there are many who can testify established, and that while increased levels of taminants in drinking water-cause adverse from their own experience of the physical evidence produce higher and higher levels of health consequences, it is often necessary to do irritations they have suffered from exposure to certainty, there is no magic or preordained level many large-scale carefully controlled studies; in various levels of tobacco smoke (e.g., a recent at which certainty is achieved. part because the adverse effects may be masked survey at the U.S. Agency for International De- Closely related is the failure of many people by the effects of other substances to which there velopment showed that 63 percent experienced to realize that with regard to most suspected is also exposure; and in part because the effects irritation from smoking in their workplace). In public health problems, action must be taken take so long to manifest themselves. Fortunately, such situations detailed scientific studies are long before one can say that causation has been with regard to many of the problems caused by unnecessary: the nonsmoker experiences established to a standard of "reasonable med- ambient tobacco smoke, the effects are so physical manifestations of irritation every time ical certainty" (a standard familiar from civil immediate, so serious, and so overwhelming that he or she is exposed to sufficient concentration actions) or "beyond a reasonable doubt" (a no such studies are necessary. In short, the of tobacco smoke; the irritations cease after standard familiar from criminal proceedings). In- power of tobacco smoke to cause immediate leaving the smoky situation, and the irritations deed to require this very high and incredibly physical reactions in commonly encountered sit- are of the type known to be caused by some of difficult-to-obtain level of evidence before taking uations among such a large body of people is by the specific chemical irritants identified in any action, particularly with regard to a itself conclusive evidence of at least some of the tobacco smoke. Once again further studies may substance to which millions are exposed, and health hazards it poses. be helpful, but they are hardly necessary to which is suspected of causing very serious For example, it has long been known by document the physical irritations many healthy consequences only manifested after many allergists and by many other physicians that nonsmokers suffer. years of exposure, would doom tens of there are many conditions that make people very Nor can it be doubted that what each of these thousands of people to death. susceptible to the concentrations of tobacco two groups experience are health problems. By the same token, it is inappropriate to smoke they encounter in their daily lives. These They are in many ways the same manifestations initiate various regulatory measures based upon conditions include chronic sinusitis, asthma, hay suffered by people with colds, flu, and other nothing more than a hunch or suspicion. It is for fever, various allergies, chronic bronchitis, common health problems that interfere with a this reason that public health professionals to- emphysema, and other lung conditions, as well person's ability to work, and in many cases even gether with legislators and regulators have 3s lesser-known conditions. The National Health cause absence from work. The relevarrt federal developed a variety of criteria- standards of survey ending June 1967 estimated that over 30 agencies, and a U.S. District Court, have deter- proof-to determine with regard to various 'pillion Americans suffer from these diseases. mined that persons with a particular suscepti- types of problems when it is appropriate to take Virtually every allergist and many other doc- bility to smoke are "handicapped persons." action. Common examples include foods and :ors know patients with these and other drugs, various components of outdoor air :onditions who suffer serious and often debili- pollution, workplace exposure to various sub- :ating health problems upon exposure to smoke "the power of tobacco smoke to stances, and contaminants in drinking water. n workplace and social situations. Such situa- cause immediate physical reactions To make whatever assessment you may :ions have been well documented in the medical in commonly encountered situations make of the weight and strength of the evidence iterature for at least the past 15 to 20 years. among such a large body of people is linking ambient tobacco smoke to long-term 4sthmatics who suffered an attack and were health problems such as lung cancer meaning- orced to seek medical help from drifting by itself conclusive evidence of at ful to governmental officials as well as the lay obacco even while seated in the no-smoking least some of the health hazards it public, ASH would suggest that your report ,ection of airplanes, and people whose reaction poses." include two simple and brief sections. One o smoke was so severe that they had to be section would simply state the criteria, in terms aken from an airplane in an ambulance, have of the types and conclusiveness of proof, that peen the subject of testimony at the C.A.B. are generally required in similar or related sit- .ourts, administrative agencies have, after Il. That, in evaluating the strength of the uations to trigger regulatory action; e.g., by the tearing all of the evidence, ordered restrictions evidence linking ambient tobacco smoke to Delaney Amendment, the uniform cancer to smoking in the workplace because of the long-term health problems such as lung cancer, policy, OSHA's criteria, and the various EPA cri- SMOKING AND HEALTH REVIEW. Action on Smoking and Health. 2013 H St.. N.W.. Washington. DC 20006. Action on Smoking and Health. a national nonprofit tax- ASH Review exempt organization concerned with the problems of smoking and the rights of nonsmokers, is entirely supported by tax-deductible contributions. Regular contributors April 1986 receive the Smokinn Ann k . din Oa-.- D-,en ...,.n,.,... ,., .. .. o_..._... ___ -. --- I...- - ---- ---- - I Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 , Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 IwhE able layman can evaluate the significance of the weight of the evidence relating to ambient tobacco smoke. Second, it is respectfully suggested that in order to provide some basis of comparison, the weight of the evidence linking ambient tobacco smoke to lung cancer should be compared to the weight of the evidence relating to other well- known issues. For example, since we have taken several very stringent measures to severely restrict lead in gasoline because of its alleged adverse health consequences when in- haled by children, it is reasonable to ask whether the evidence supporting that action is substantially stronger, substantially weaker, or of the same order of magnitude as that related to ambient smoke and lung cancer. Other exam- ples that came readily to mind include saccharin and cyclamates, various contaminants in drink- ing water, the various components of outdoor air pollution, and substances whose exposure is regulated by OSHA. Obviously it would not be necessary to com- pare ambient smoke evidence with that related to all of the above situations or substances, nor to provide a detailed quantitative discussion of the evidence in these other areas. However, it should not be difficult for persons skilled in these areas to provide a few simple comparisons with other well-known substances likewise subject to regulation. It is respectfully suggested that only in this way will the report be truly meaningful in view of the growing public controversies Involving this issue. It should be noted that making such comparisons is purely a scientific assessment, and does not necessarily imply that any particular regulatory action with regard to smoking or the other substances is proper, necessary, or appropriate. "Surely the fact that many people with various susceptibilities suffer severe health problems from expo. sure to ambient tobacco smoke is not open to question, and no further de- tailed studies are necessary." Ill. That the report include a discussion of the serious adverse effects on nonsmokers of efforts to heat, cool, and ventilate buildings in which smoking is permitted-including dramatically increased costs and the problems caused by recirculation-drawing upon the work done by ASHRAE In reporting on the exposure of nonsmokers to ambient tobacco smoke, it would seen only appropriate to examine, draw upon, and report to the extent that it is found to be sound, the work done by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) in developing their standards for ven- tilation. After all, ASHRAE, like the NAS, is an impartial professional body that developed these standards and the underlying methodology based upon its very considerable ASH Review April 1986 Page 8 ate. if a,r vvettt, it urns zo Hen important are asserted to be the conclusions of differen that the' public know about this, and its ramifi- bodies and the positions of various scientists cations. Basically, what ASHRAE set out to do was to determine how often the air in a room must be exchanged in order to maintain minimum ac- ceptable levels of air quality. What they deter- mined is that with regard to most indoor areas, the number of air exchanges per hour (or the amount of.ventilation in cubic feet per minute) must generally be three to five times greater if smoking is permitted. Implicit in these stand- ards is the well-known scientific fact that the gases in cigarette smoke,(or indeed in any other contaminant) cannot be filtered out of the air, that the particulates in cigarette smoke can be filtered out only to a limited extent; and that much of the air exhausted from a room with conventional ventilation systems is simply recir- culated - thus returning most of the cigarette smoke contaminants to the indoor area. These studies are important for government officials and others seeking to assess the im- pact of ambient tobacco smoke. They indicate that it costs far more to maintain an acceptable level of air quality if smoking is permitted than if it is not, or if it is permitted only in separately ventilated areas. They also indicate that, partic- ularly for persons with conditions making them specially sensitive to tobacco smoke, prohibit- ing smoking in their immediate area may not eliminate the problems. A report noting these facts will also help to put nonsmokers on notice that if they suffer from various ill effects in the work environment, they should not rule out tobacco smoke as the culprit simply because no smoking occurs in their immediate vicinity. IV. That your report specifically address, evahr ate, and report on the alleged reports, quota- tions, and other materials cited by the Tobacco Institute and the R.J. Reynolds Company in ads as evidence proving that ambient tobacco smoke does not create health hazards for non- smokers. Over the past several years large advertise- ments sponsored by either the Tobacco Institute or the R.J. Reynolds Tobacco Com- pany have appeared in newspapers and maga- zines across the country. They address the question of whether ambient tobacco smoke causes health problems for nonsmokers, and Action on Smoking and Health respectfull suggests that it is not only appropriate but act ually necessary for your report to specificall' address the purported authorities cited by thest two companies in your final report. We believt that this is necessary for at least two reasons The first is that the cigarette manufacturers an( their major spokesperson, the Tobacco Institute, have frequently maintained tha- evidence tending to support their side of issue: related to smoking is unfairly and Improperly ignored by various bodies that have reviewec the evidence. Indeed, they seem to maintair that the weight of evidence on the issue of ambient tobacco smoke is on their side, anc that conclusions to the contrary can be reachec only if the authorities they cite are Ignored. Thus, to avoid any controversy of this type with regard to your own report, it would seem useful to at least briefly discuss each of the authorities they have cited, and explain both the weight you attach to them and their impact, if any, on your conclusions. A second reason why ASH believes that you should at least briefly address these assertions is that they appear to have confused and perhaps even misled many readers. Many people have reportedly seen the ads and no doubt concluded from looking only at the one- sided and self-serving statements therein that there is a significant body of scientific thought to the effect that there are no health problems related to ambient tobacco smoke. Any conclu- sions to the contrary are likely not to be believed by such readers, unless they specifically ad- dress and do not duck the evidence cited by the cigarette manufacturers. It must be emphasized that ASH does not suggest in any way that your report review the specific ads, nor attempt to determine whether they are in some sense unfair or misleading as some have charged. Rather, what we suggest is that your report specifically address the docu- ments cited by the industry, as you presumably will for-other reports and studies, and assess the weight, if any, that should properly be given to them based upon well-established scientific criteria Passive Smoking and the Innocent Victim: A Dilemma for Policy Makers by John C. Topping, Jr., Staff Director, Office of Air and Radiation, U.S. Envi- ronmental Protection Agency This paper, by a government official with extensive experience related to air pollution, summarizes most of the major evidence in this area, and rec- ommends elimination of all smoking in the workplace as a necessary step to adequately protect nonsmokers. Until recently involuntary exposure to ciga- rette smoke has been treated more as a matter of social etiquette than of public health. The nonsmokers' rights movement has been portrayed by tobacco interests as an assemblage of finicky busybodies intent on imposing their values on smokers. In the past year the passive smoking issue has taken on new dimensions as evidence has mounted that involuntary exposure to tobacco smoke may be one of the leading environmental sources of death. SMOKING AND HEALTH REVIEW. = Action on Smoking and Health. 2013 H St., N.W.. Washington, DC 20006. Action on Smoking and Health, a national nonprofit tax- exempt organization concerned with the problems of smoking and the rights of nonsmokers. is entirely supported by tax-deductible contributions. Regular contributors receive the Smokino and Health Review. Printed Dortions of the Review www ha .P...,.,,e Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 of groups such as Mothers Against Drunk Driving, we have become more conscious of the slaughter on our highways caused by alcohol abuse and have taken concrete steps to curb this abuse. Efforts to curb drunk driving have undoubtedly saved lives of persons in each of these categories, sparing the lives of potential drunk drivers, their willing or unwilling passen- gers. and innocents who would have had the misfortune to come across these drivers on the highway. "Involuntary exposure to tobacco smoke may be one of the leading environmental sources of death." Our experience in dealing with drunk driving is instructive as we approach a source of death of equal or greater magnitude, passive smoking. Last year Repace and Lowrey projected an annual U.S. lung cancer death rate among nonsmokers from involuntary exposure to to- bacco smoke of about five thousand. These projections have gained acceptance in the public health community as indicated by an edi- torial in the current issue of the American Review of Respiratory Disease by Scott T. Weiss, M.D., Associate Professor of Medicine at Harvard Medical School. Repace and Lowrey's lung cancer risk projections appear consistent with the findings of a number of epidemiolog. ical studies indicating elevated lung cancer risk from exposure to sidestream tobacco smoke. This five thousand annual projection for lung cancer deaths alone from sidestream tobacco smoke exceeds most current total annual cancer estimates for general population exposure outside the workplace from all industrial carcinogens combined. Yet, while these estimates of lung cancer risk from involuntary exposure to tobacco appear to be the most firmly supported of the passive smoking risk projections, they may represent only the tip of the iceberg of the health damage from such exposure. [fn: Peter Fong, Physics Department, Emory University, has projected that passive smoking exposure of nonsmokers is responsible for between 10,000 and 50,000 deaths annually. Fong, "The Hazard of Cigarette Smoke to Nonsmokers," J. Biol. Phys., Vol. 10, 1982.] If we are to minimize cancer risks from invol- untary exposure to tobacco smoke, further research by health scientists on the specific mechanisms elevating such cancer risk would be desirable. Yet from the viewpoint of policymakers and citizens alike the present evidence, fragmentary though it is, seems suf- ficient to warrant strong steps to cut down involuntary exposure to cigarette smoke. Although the greater accessibility of data on family smoking habits and childhood or spousal health provides us considerably greater understanding of passive smoking in the home, there is evidence that tobacco smoke concentration and health risks may be greater in the workplace. James L Repace, one of the pioneers with A.H. Lowrey in research on passive smoking, summarizes the findings the two have made in a series of studies: cigarettes, pipes, and cigars indoors was not only chemically related to the smoke from factory chimneys, but routinely occurred at far higher levels indoors than did factory smoke or automobile exhaust outdoors. [Our] controlled experiments and field studies showed that in buildings where tobacco is smoked, substantial air pollution burdens were inflicted upon nonsmokers, far in excess of those encountered in smoke-free indoor environments, outdoors, or in vehicles on busy commuter highways. Daily exposure to ambient tobacco smoke, (we] found, could cause air pollution levels corresponding to violation of the annual National Ambient Air Quality Standard for Total, Suspended Particles for exposed office workers, at typical building occupancies and ventilation rates, and amounted to the single most important source of exposure of the population to this harmful kind of air pollution. Tobacco particulate consists overwhelmingly of respirable small particles. Recognizing that particles of 10 microns or less are readily inhaled into the lungs where they cause respiratory difficulty, EPA has proposed adoption of a health standard keyed to particles of 10 microns or less. "(Five thousand nonsmoker deaths a year from passive smoking] may represent only the tip of the iceberg of the health damage from such exposure." Some health studies have indicated that passive smoking exposure of adults may signifi- cantly increase risks of heart attack. Garland at a/ found in a prospective study of 695 Southern California married women who had never smoked that over a 10 year period nonsmoking wives of current or former cigarette smokers had a higher total and age-adjusted death rate from ischemic heart disease than women whose husbands never smoked. This is not par- ticularly surprising as we know sidestream to- bacco smoke includes substantial quantities of carbon monoxide. EPA recently reaffirmed a Na- tional Ambient Air Quality Standard of 9 parts per million, 8 hour average, of carbon monoxide not to be exceeded more than once a year. A sig- nificant factor in this reaffirmation was evidence that exercising angina patients exposed to ele- vated levels of carbon monoxide showed more rapid onset of angina pain. In one study, Pimm at al (1978) exposed nonsmoking adults to tobacco smoke in an exposure chamber and realized relatively constant levels of carbon monoxide of about 24 parts per million above the ambient level, concentrations three times EPA's 8 hour average carbon monoxide stand- ard for ambient air. Such levels are probably often reached when smoking occurs in en- closed environments with little ventilation such as many taverns, restaurants, banquet halls, closed cars or taxicabs. Within a few minutes elevated carbon monoxide levels in the air which is breathed will be reflected in increased levels of blood carboxyhemoglobin. As blood capacity to carry oxygen is diminished, thus in- creasing risk of heart attack or stroke. Approxi- mately 8.7 million individuals are known to suffer from angina and related cardiovascular disease. These individuals can be presumed to be at special risk from both mainstream and sidestream tobacco smoke. About 3 percent of the population, many acute asthmatics, bronchitics or atopics, are allergic to tobacco smoke. Such hypersensitive individuals report frequent nose and throat irri- tation, wheezing, coughing, nausea and some- times persistent headaches following exposure to tobacco smoke. A much larger portion of the nonsmoking population appears to experience some form of annoyance or distress at involuntary exposure to tobacco smoke. This is especially true of those who have never smoked, about 44 percent of the total U.S. pop- ulation. In 1979, nearly eighty percent of those who indicated to interviewers that they had never smoked, reported that it was "annoying to be near a person who is smoking cigarettes". Despite the deep aversion which many non- smokers have long had at being forced to inhale others' tobacco smoke, until recently they have been on the defensive. A social onus has existed on the nonsmoker who replies negatively to the sometimes proffered plea, "Do you mind if I light up?" Tobacco smoking has moved over three generations from an almost exclusively male ritual focused around pipes and cigars and found generally at salons, prize fights and smoking parlors to a socially per- vasive cigarette-based addiction Involving all classes and both sexes. Surgeon General C. Everett Koop has artic- ulated what is a laudable goal, "a smoke free society by the year 2000. Such a policy, fully inplemented; would save the lives of thousands of nonsmokers annually. Yet for each non- smoker's life spared, it is virtually certain that the lives of several smokers will be saved. "the present evidence, fragment- ary though it is, seems sufficient to warrant strong steps to cut down involuntary exposure to cigarette smoke." Efforts to protect the lives of nonsmokers will necessarily involve severe restrictions or bans on workplace smoking, especially in enclosed environments. These restrictions will them- selves result in some curtailment of tobacco consumption. Moreover, the willpower smokers develop to refrain from smoking when they would imperil others may help them to kick the habit. A high percentage of smokers would like to do precisely that, but because of nicotine or other tobacco-related dependency have not been successful. Significantly protective standards against in- voluntary inhalation of dangerous quantities of tobacco smoke are not likely often to be met by sequestration and ventilation in most buildings. If we are to achieve tobacco smoke risk levels for nonsmokers no higher than those we toler- ate for industrial carcinogens, air exchange SMOKING AND HEALTH REVIEW. Action on Smoking and Health. 2013 H St.. N.W.. Washington. DC 20006. Action on Smoking and Health. a national nonprofit tax- ASH Review exempt organization concerned with the problems of smoking and the rights of nonsmokers, is entirely supported by tax-deductible contributions. Regular contributors April 1986 -el. a the q-k nrl N.-1 Gc O., o... , _ ............... ...,.-.. Declassified in Part -Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 rtes akin to those found in wind tunnels wnulrf __ _ ofl Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Alfred H. Lowrey, "An indoor air quality stand- ard for ambient tobacco smoke based on carcin- ogenic risk," New York State Journal of Medi- cine, Vol. 85, July 1985. The authors calculate that ventilation to achieve an acceptable risk from passive smoking would require $28,000 per smoker, exclusive of fan operating costs. Repace and Lowrey, 382.] For economic and technical reasons such ventilation would not be feasible. Passive smoking in the home is not and should not be susceptible to government regulation. Family members share a concern for each other which should cause them to adopt more considerate behavior once they have facts on the health risks of passive smoking. Following on the recent, salutary expansion of the health warning on cigarette packages should be added warnings on the risks to nonsmokers of involuntary exposure to tobacco smoke. Elimination of unwanted tobacco pollution in the workplace and informing the public of the health risks attendant to passive smoking will strike at some powerful economic interests. While the stakes for the public health are enor- mous in this battle, it would be Pollyannaish to assume easy sledding. If the public is to act in- telligently to address this problem, the health science community must speak out clearly. This workshop is an auspicious beginning. 1SH Review lpril 1986 'age 10 Author Ref- erence Trichopoulos and 7,8 associates (1981) Garfinkle and 9 coworkers (1985) Hirayarna, (1981) 10,11,12 by Scott T. Weiss, M.D., Assoc. Prof., Harvard Medical School This editorial from the American Re- view of Respiratory Disease (1986; 133:1-3), referred to by John Topping of the EPA, is important because it summarizes and evaluates the major studies linking ambient tobacco smoke to lung cancer in nonsmokers. Although Dr. Weiss,finds that the available evidence does not meet the very strict scientific standards of causality-in large part because of the almost impossible problem of accurately measuring exposure and dosage-he nevertheless cites many reasons for believing the association exists, indicates that most of the studies to date support the association, and concludes that 5000 lung cancer deaths a year from passive smoking is the most "plau- sible estimate from the current data." Below are excerpts from this edito- rial, including the important foot- notes, and a table summarizing the major articles but omitting his com- ments on them. - Repace and Lowrey (1) have recently estimated that approximately 4,700 nonsmoking Americans die each year from lung cancer as a result of involuntary tobacco smoke exposure. The purpose of this editorial is to comment on the association between passive smoking and "There is no disagreement about the biological plausibility of an asso- ciation between passive smoking and lung cancer." lung cancer and the biological and mathemat- ical assumptions underlying Repace and Lowrey's assessment of risk. There is no disagreement about the biologi- cal plausibility of an association between passive smoking and lung cancer. Active smok- ing is unequivocally and causally associated with this disorder. Even at the lowest levels, active smoking is associated with an increase in STUDIES OF PASSIVE SMOKING AND LUNG CANCER Study Design Country Results Response Case-Control Greece + association in nonsmoking yes females; statistically significant Case-control U.S. + association in nonsmoking yes females; statistically significant Cohort Japan + association in nonsmoking yes males and females; statistically significant Cohort U.S. + association in females; not no statistically significant Gillis and 14 Cohort Scotland + association in males but not in no associates (1984) females; statistical significance tested for Correa and 15 Case-control U.S. + association in both males and yes, females coworkers (1983) females; statistically significant only Kabat and 16 Case-control U.S. + association in males but not in no Wynder (1984) females; statistically significant for males only Sandier and 17,18 Case-control U.S. + association in both males and not tested associates (1985) females; statistically significant for females only Chan and 19 Case-control Hong Kong No association for females; no no coworkers (1979) statistical significance Knoth and 20 Cases Germany + association when compared to not tested associates (1983) German population; no statisti- cal significance tested for Koo and 21 Case-control Hong Kong No association for females; no no coworkers (1983) statistical significance SMOKING AND HEALTH REVIEW. - Action on Smoking and Health. 2013 H St., N.W., Washington, DC 20006. Action on Smoking and Health, a national nonprofit tax- exempt organization concerned with the problems of smoking and the rights of nonsmokers. is entirely supported by tax-deductible contributions. Regular contributors receive the Smoking and Health Review. Printed portions of the Review may be reprinted with credit to ASH Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 ...y ........... ___..._ ~_ ,~...._..y. ,,. .y ...................nore threshold exists. In addition, sidestream smoke has the same carcinogens and cocarcinogens as mainstream smoke, most at significantly in- creased concentrations. Thus, although the quantitative smoke is less than that of the active smoker, the qualitative exposure to carcinogens may be the same or greater, and it remains un- known how active and passive smoking differ in terms of actual carcinogens delivered to the respiratory tract. The finding of mutagens in the urine of passive smokers is consistent with the carcinogenic potential of sidestream smoke. "The finding of mutagens in the urine of passive smoking is consistent with the carcinogenic potential of sidestream smoke." Equally indisputable is the ubiquitous nature of this exposure to passive smoke. Although only 30 percent of adult Americans are active smokers, biochemical indices of exposure, such as urinary cotinine, suggest that the vast majority of nonsmoking adults have at least some exposure, that this exposure is greater than that reported by questionnaire, and that it varies with the number of smokers in the home and/or workplace. Approximately 70 percent of children in the United States live in homes with at least one smoking adult. Despite the increasing information in the field, the episodic nature of exposure, and the imperfect means of measuring this exposure indicate that further research is required to define more clearly who is being exposed and how exposure is best as- sessed for an individual. Biological plausibility and the ubiquitous na- ture of the exposure aside, the scientific studies examining the association between passive smoking and lung cancer (summarized in table) have definite flaws. The bulk of the studies show a positive association (1.18,20). Compared to active smoking, the association is relatively weak, varying from a 30 to 340 percent increase in risk (odds ratios of 1.3 to 3.4 for exposed relative to nonexposed). Given the nature of the exposure, one would expect the increase in risk to be relatively low. Conventional measures of statistical significance for the association are present in half of the studies (7-12,17,18). This is not surprising, given that the increase in risk is small. Several studies (14, 15, 17, 18), all showing a positive association, have too few cases to have adequate statistical power to achieve statistical significance for all comparisons. A dose response relationship is not uniformly present (7.12, 15). These varying results reflect both the small number of cases and imprecise measurement of exposure. Finally, only one study has documented a reduction in cancer incidence with a reduction in exposure (10.12). Based on the above summary, the existing data on passive smoking and lung cancer do not meet the strict criteria for causality of this as- sociation. However, the nature of the scientific problem is such that achieving these strict crite- ria may be exceedingly difficult, if not impos- sible. deaths, roughly 15 percent of which (16,275) were in nonsmokers. Repace and Lowrey (1) estimate that 4,666 deaths/yr, 5 percent of all annual lung cancer deaths and 30 percent of nonsmoker annual lung cancer deaths, are due to passive smoking. They derived this estimate by comparing age-standardized differences in lung cancer mortality rates between Seventh Day Adventists who never smoked, and demographically comparable nonsmoking, non- Seventh Day Adventists. The investigators make many simplifying assumptions, namely, that the entire lung cancer death rate difference is due to passive smoking, that the Seventh Day Adventists are all not exposed and non-Seventh Day Adventists are exposed, that there are no differences between men and women, and that there are no other differences between the 2 groups. Even though these assumptions are overly simplistic, the resulting figure, 7.4 lung cancer deaths per 100,000 person-years, is remarkably close to the estimate from the best available study, that of Hirayama (6.8 lung cancer deaths per 100,000 person-yearst(10.12). An alternative and less satisfactory approach, in my view, is the use of a probabilistic model that is less biologically plausible and based on far greater assumptions about the amount of ex- posure per-person per-day. This model yielded a roughly tenfold lower estimate, 0.87 lung cancer deaths per 100,000 person-years. Slight changes in the amount of exposure per-person per-day yields a similar estimate to that given in the previous analysis. As pointed out by the "Repave and Lowrey's figures re- main the best current estimates of lung cancer deaths from passive smoking." authors, even this lower figure is tenfold greater than many currently regulated carcinogens(1). Despite the simplifying assumptions of the risk estimates and the flaws in the epidemio- logic data from which they are derived, Repace and Lowrey's figures remain the best current estimates of lung cancer deaths from passive smoking. Current epidemiologic data are suffi- ciently imprecise to be able to accurately distin- guish between the estimate of 500 or 5,000 plausible estimate from the current data Future epidemiologic studies will allow revision of these estimates but are unlikely to dispute the basic nature of the association. References 1. Repace JL, Lowrey AH. A quantitative esti- mate of nonsmokers' lung cancer risk from pas- sive smoking. Environment International 1985; 1:3-22. 7. Trichopoulos D, Kelandidl A, Spanos L, Mac- Mahon B. Lung cancer and passive smoking. Int J Cancer 1981; 27:1-4. 8. Trichopoulos D, Kelandidl A, Spanos L Lung cancer and passive smoking, conclusion of Greek study. Lancet 1983; 2.677.8. 9. Garfinkle L, Auerback 0, Joubert L Involun- tary smoking and lung cancer a case-control study. J Natl Cancer Inst 1985; 75:463-9. 10. Hirayama T. Nonsmoking wives of heavy smokers have a higher risk of lung cancer a study from Japan. Br Med J 1981; 282:183-5. 11. Hirayema T. Passive smoking and lung can- cer. Br Med J 1981; 282:1393.4. 12. Hirayama T. Passive smoking and lung can- cer consistency of association. Lancet 1983; 21456. 13. Garfinkle L Time trends in lung cancer mor- tality among nonsmokers and a note on passive smoking. J Nail Cancer Inst 1981; 66:1061-6. 14. Gillis CR, Hale DJ, Hawthorne VM, Boyle P. The effect of environmental tobacco smoke in two urban communities in the West of Scotland. Eur J Respir Dis 1984; 65(Suppl. No. 133):121.6. 15. Correa P, Pickle LW, Forham E, Lin Y, Haen- szel W. Passive smoking and lung cancer. Lan- cet 1983;2595.7. 16. Kabat GC, Wynder EL Lung cancer in non- smokers. Cancer 1984; 53:1214.21. 17. Sandler OP, Everson RB, Wilcox AJ. Passive smoking in adulthood and cancer risk. Am J Epidemiol 1985; 121:37-48. 18. Sandler DP, Wilcox AJ, Everson RB. Cumu- lative effects of lifetime passive smoking on cancer risk. Lancet 1985; 1:312-4. 19. Chan WC, Colboume MJ, Fung SC, Ho HC. Bronchial cancer in Hong Kong 1976.1977. Br J Cancer 1979; 39:182.92. 20. Knoth A, Bohn W, Schmidt F. Passive smok- ing as a causal factor for bronchial carcinoma in female nonsmokers. Mad Klin 1983; 78:66-9. 21. Koo LC, Ho HC, Saw D. Active and passive smoking among female lung cancer patients and contacts in Hong Kong. J Exp Clin Cancer Res 1983; 4:367-75. Should Chest Physicians Be Passive On Smoking? by Robert J. Mason, Dept. of Medi- cine, National Jewish Center for Immunology and Respiratory Medicine, Denver, Colorado concludes that there is more than enough information for all people- especially including chest physicians -to act. This companion piece, also from the American Review of Respiratory Dis- ease [1986; 133:4], likewise reviews the available medical literature and The current focus of public concern is on pas- sive, or secondhand, smoking. The adverse effects that have been reported include in- creased respiratory infections in infants of smoking mothers, increased lung cancer in non- SMOKING AND HEALTH REVIEW. ; Action on Smoking and Health, 2013 H St.. N.W., Washington, DC 20006. Action on Smoking and Health, a national nonprofit tax- ASH Review exempt organization concerned with the problems of smoking and the rights of nonsmokers, is entirely supported by tax-deductible contributions. Regular contributors April 1986 Declassified in Part -Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 smoking women whose husbands smoke, and respiratory irritation among asthmatics and Dthers who are sensitive to cigarette smoke. Side-stream smoke, the smoke inhaled by non- smokers, is known to contain carcinogens, and metabolites of the smoke can be measured in the urine of nonsmokers, Hence, it is extremely ikely that side-stream smoke poses a risk of ung cancer in nonsmokers. The major question Is the magnitude of the risk. Garfinkle and assn iates reported a large case control study of ung cancer among lifetime nonsmoking w - "The current data are sufficient for me to conclude that passive smoking carries a significant risk to the public and should be curtailed." men whose spouses smoke cigarettes. The smoking histories of both spouses and the his- tologic diagnosis of lung cancer were independ- ently verified. There was an increased risk of lung cancer among nonsmoking spouses whose husbands smoked more than 20 ciga. rettes per day at home. There have been two pre- vious large epidemiologic studies from Greece and Japan, which found a similar effect, "To my knowledge, there is no proven threshold for exposure to cigarette smoke that carries no adverse health effect." although there have been methodologic reser- vations about these studies. Garfinkle and associates discuss both the positive and the negative data that are currently available. The current data are sufficient for me to conclude that passive smoking carries a significant risk to the public and should be curtailed. To my knowledge, there is no proven threshold for ex- posure to cigarette smoke that carries no ad- verse effect. We must take a position against allowing smoking in public places such as schools, restaurants, airports, government buildings, and hospitals. We must educate smokers about the effect of smoking on their health as well as on the health of others. "We must take a position against allowing smoking in public places such as schools, restaurants, airports, government buildings, and hospitals." We have enough information to limit smoking in public places for health reasons. I hope all chest physicians will review existing data and discuss cigarette smoking with their col- leagues, their patients, their students, and the public. Make an active, not a passive, decision on your involvement in freeing society of ciga? rettes. Most chest physicians have been too quiet for the good of society. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Written Testimony of President Americans for Nonsmokers' Rights 2054 University Avenue, Suite 500 Berkeley, CA 94704 Submitted to the Subco mtittee on Health and the Environment Comi t tee on Energy and Coerce United States House of Representatives For Hearing on H.R. 4488 'Nonsmokers' Protection Act of 1986' and H.R. 4546 'Nonsmokers' Rights Act of 1986' June 12, 1986 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Mr. Chairman and members of the Committee. My name is Peter Hanauer. I hold a law degree from Columbia University and I have been editing law books for more than twenty years. I have been involved in the nonsmokers4 rights movement for twelve years and I am currently president of Americans for Nonsmokers' Rights. I want to thank you for the opportunity to testify in support' of the nonsmokers' rights bills you are now considering. During the last five years, Americans for Nonsmokers' Rights has helped to pass more than 100 laws at the state and local level in California to protect the right of nonsmokers to breathe clean air in public places and in places of employment. Approximately 50% of Californians now live in a city or county which regulates smoking in the workplace. State law also requires that all state agencies have a policy to protect the rights of nonsmoking employees. Although California may have received the most attention on this issue, largely because of four ballot measures between 1978 and 1983, it is by no means the only place where nonsmokers' rights laws have been passed. In fact, in 1975--even before my nonsmokers rights' organization was formed-- the state of Minnesota passed a comprehensive measure regulating smoking in all public places and workplaces. Currently, at least thirty-seven states regulate smoking to some extent in public places, and at least ten states regulate smoking in the workplace. Thus, the bills before you will not thrust the federal government into new territory. To the contrary, these bills will merely bring the federal government in line with numerous state and local governments. The time has come for Congress to act to protect the health and comfort of the hundreds of thousands of federal employees as well as the millions of people who do business in or visit federally owned and operated buildings. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 The legislation before you will be opposed by the tobacco industry, which for the last ten years has waged a cynical and reprehensible campaign throughout the country to prevent the enactment of such public health measures. They have spent and are continuing to spend tens of millions of dollars in elections and lobbying efforts. Yet in virtually every place that a nonsmokers' rights law is proposed it is being passed by near- unanimous votes. The reason is simple: the laws are overwhelmingly popular among both nonsmokers and smokers. In fact, the only opposition to these laws comes from the tobacco industry, which, as is evident from the public opinion polls, does not even represent the consumers of its product. Recent surveys by three of the nation's most respected polling organizations demonstrate how much the public wants these laws. A 1983 Gallup Poll showed that 83% of the public believes that smoking should either be prohibited altogether or restricted in the workplace. Only 12% opposed any restrictions. A 1984 California Field Poll showed 83% in favor of workplace smoking restrictions and-only 13% opposed. In 1985, a Lou Harris Poll, focusing on public places generally, found 80% in favor of smoking restrictions and only 15% opposed. But probably the most important poll of all was conducted in Minnesota by the Minneapolis Star and Tribune in 1980, five years after the Minnesota Clean Indoor Air Act was passed. It showed 92% in favor of the law and a more 5% opposed. Interestingly, a slightly higher percentage of smokers who smoked a pack of cigarettes or less per day supported the law than did nonsmokers. Actually, it is not surprising that most smokers favor smoking restrictions. There are three good reasons: 1) it helps them to quit smoking; 2) it reassures them they can smoke in designated smoking areas without being asked by others to stop; and 3) it affords them the means to avoid other people's smoke! Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 The overwhelming consensus about the desireability of smoking restrictions not only shows why the proposed legislation will be popular, but also why it will be easy to implement and enforce. It will essentially codify a change in social attitudes that has already occurred. Once it is determined where smoking should and should not be permitted in a given facility, there are only three basic ingredients to a successful 1) The posting of signs clearly indicating the nonsmoking and smoking areas; 2) A clear statement that the right of nonsmokers to breathe clean air takes precedence over the desire to smoke; and 3) A reasonable enforcement mechanism. Once the signs are posted (and, in places of employment, employees are informed of the regulations), these laws become essentially self-enforcing. In short, most people obey the signs just as most drivers obey stop signs, even though they know there is little likelihood of being given a ticket. Of course, the tobacco industry argues that these laws are unnecessary--that 'common courtesy' is sufficient. While that is a nice phrase, it is a totally impractical solution. That is so not because smokers lack courtesy, but rather because there is no basis for the exercise of courtesy without the establishment of ground rules as to where smoking is or is not permitted. To use the stop sign analogy again, most drivers are courteous and law-abiding, but if there were no stop signs, drivers would not know where they should stop. The 'common courtesy' solution puts the burden on nonsmokers to continually ask others--often total strangers--to refrain from smoking. It is quite simply a recipe for confrontation between nonsmokers and smokers--the very thing the tobacco industry professes a Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 desire to avoid. Every mid-level manager in the Federal government should be supporting these bills as the best way to avoid the Solomon-like decisions they must try to make now when a confrontation between a nonsmoker and a smoker arises. The universal experience with existing nonsmokers' rights legislation is that the costs of implementation and enforcement have been minimal. The one-time cost of posting signs is greatly overshadowed by long-term savings that will be realized in various areas such as increased productivity on the part of nonsmoking employees, reduced health care and insurance costs, reduced smoke and fire damage, and reduced maintenance expenses. Since these laws have been self-enforcing, the associated costs have been negligible, with no need for added personnel. The San Francisco workplace ordinance provides an interesting illustration. When it was first proposed, it contained an appropriation to cover the cost of two additional health inspectors. But the mayor, who strongly supported the law, insisted that the appropriation be deleted and-that the Health Department report back six months after the ordinance went into effect as to the impact of the law on its personnel needs. The Health Department found it could easily respond to all complaints with no additional personnel. Despite the dire predictions of the tobacco industry--disruption of the economy, fistfights among employees, a decrease in tourism, and an exodus of small businesses--every nonsmokers' rights law in the country has been implemented and enforced without significant problems. To my knowledge, no such law has ever been weakened or repealed; however, many have been strengthened. The attached materials representing the views of numerous enforcement officials is ample testimony to the fact these laws work well. When considering the arguments of the tobacco industry, I ask that you note the glaring inconsistency between the fact that the industry opposes Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 these laws so vigorously, and their contention that they are unenforceable. If no one obeyed the laws the industry would not have to worry about them. But it is precisely because they work so well that the industry works so hard to defeat them. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Written Testimony of STANTON A. GI.ANTZ, PH.D. Associate Professor of Medicine University of California San Francisco, CA 94143 President Californians for Nonsmokers' Rights 2054 University Avenue, Suite 500 Berkeley, CA 94704 Submitted to the Subcommittee on Civil Service, Post Office, and General Services Committee on Governmental Affairs United States Senate For Hearing on 5.1440 The Non-Smokers Rights Act of 1985 September 30, 1985 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 My name is Stanton A Glantz. I hold a PhD in Engineering and Economics from Stanford University and am nov an Associate Professor of Medicine and Chairman of the Bioengineering Graduate Program at the University of California, San Francisco, where I conduct research into the mechanical function of the heart. I an also President of Californians for Nonsmokers' Rights, an organization that has helped to pass legislation protecting nonsmokers from the toxic chemicals in second-hand cigarette smoke in 44 California communities, encompassing approximately 9 million people. Before discussing the specifics of our experience with legislation in California, I would like to speak briefly to two important general issues: the need for-such legislation to protect the public health and the fact that the only organized opposition to such legislation comes from the tobacco industry. First, there is absolutely no question that, as the National Academy of Sciences concluded in 1981, "involuntary exposure to tobacco smoke has adverse health effects and ought to be minimized or avoided vhere possible." There are over 600 papers in the medical literature on the effects of involuntary smoking supporting this conclusion. As vith primary smoking, the tobacco industry has tried to diffuse this overwhelming case by taking advantage of honest differences of opinion in the scientific community on the precise magnitude of the problem, misrepresenting the views of reputable scientists, or hiring professional quibblers to claim that "the case is not in." After every independent scientific body that addressed the question concluded that involuntary smoking represented a health hazard, the industry took the creative step of convening its own scientific panels -- in such scientifically impressive places as Geneva and Vienna -- in an effort to cast an aura of respectability on its position. Contrary to what the industry had hoped, Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 scientists at both meetings presented evidence that involuntary smoking was harmful. As a result the tobacco industry was reduced to quoting from press releases issued after the meetings by individuals. In contrast to statements made by the National Academy of Sciences and Surgeon General, these releases were not subject to any scientific quality control. As a result the only people that seem to take them seriously are the cigarette companies and their advertising agencies. The simple fact is that one need not hold a PhD and own complex scientific equipment to know that second hand tobacco smoke is a serious form of indoor air pollution. Consider a room vhere people are smoking. Think about what the air looks like, what it smells like, what it tastes like. Consider the fact that your eyes or throat may burn, or that you may develop nausea, or a headache. If you vent outdoors and the air was that polluted, you would be outraged. And you would be right. That is why we have passed legislation cleaning up the outdoor air, and why this bill is necessary to help clean up the air indoors, vhere most Federal workers spend most of their time. My involvement in this issue dates to 1978 when I worked with others in an unsuccessful attempt to pass, by initiative, the California Clean Indoor Air Act which would have created nonsmoking sections in the workplace and public places. Before the campaign started, every poll conducted (including those done for the Tobacco Institute) shoved the initiative passing by a 3-1 majority. The cigarette companies spent $6,500,000 on a massive advertising campaign and defeated the law. The tobacco industry represented to only organized opposition we faced. The same thing happened again in 1980. In 1981, we began working at the state and local level to pass Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 nonsmoker protection ordinances. We believed that, since the tobacco industry had no real support, informed and organized local consitutents could overcome the pressure of lobbyists, lawyers and campaign contributions. This strategy has proven successful. As of this date, every California community that has considered a law protecting nonsmoker sin the workplace has enacted it, despite vigorous, veil-financed opposition from the tobacco industry. The industry's failure to stop us and other like-minded groups around the countryhas led them to another strategy: they are attempting to shift the field of play back to the ballot box where they hope they can buy elections with slick advertising campaigns. Fortunately, the American public has not been tricked by their efforts. In addition to the industry's highly-publicized $1.3 million effort to get the San Francisco Workplace Smoking Ordinance repealed tvo years ago, their front groups have been rejected by the voters in Arizona and Colorado. This willingness of the populace to stand up to the industry attests to the importance and popularity of protecting nonsmokers from second hand smoke. In fact, our success is not surprising, given that every poll done on the subject (including those done for the Tobacco Institute) have shown a majority -- including a majority of smokers -- in favor of legislation to protect nonsmokers. This overwhelming consensus about the desirability of protecting nonsmokers is why legislation such as that before you is easy to impliment and enforce. It essentially codifies a change in social attitudes that has already occurred. Given this broad consensus, why do we need laws? Why can't we depend on "common courtesy" as the ciagarette companies suggest? Because "common Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 courtesy" is a recipe for individual confrontation. Under the current situation, individual nonsmokers are forced to confront individual smokers to ask that they smoke elsewhere. Most people are simply not that aggressive. Furthermore, the ubiquity of cigarette advertising and second hand cigarette smoke in the air, nonsmokers feel very isolated and are often afraid to speak up. The presence of a simple "No Smoking" sign dramatically changes this situation. With the sign available, nonsmokers feel comfortable in asking people not to smoke. Let me give you an example. Several years ago I was sitting in the Minneapolis airport enjoying the benefits of the Minnesota Clean Indoor Air Act which was passed in 1987. A man then sat down next to me and began to take out a cigarette. I asked him not to smoke. He initially objected to my intrusion, until I pointed out that we were in a nonsmoking area. He then apologized and put the cigarette away. Surprisingly enough, he did not move to the smoking section. He simply smoked one less cigarette. That was one less cigarette that-a tobacco company sold. To understand the impact of that simple act consider this: If every smoker in America smoked just one less cigarette a day due to changing social attitudes or legal restrictions, there would be 22 billion fever cigarettes sold each year. Given these stakes, it is not surprising that the tobacco companies are willing to spend a few million dollars in their unsuccessful attempts tc convince Americans that smokers should be free to pollute the indoor air without restriction. Despite dire predictions of earthquakes in San Francisco and fires in Los Angeles, California, every ordinance I know of has gone into force Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 smoothly. No city or county that has ever passed an ordinance has weakened or repealed it. Vhile it is important that there be strong enforcement provisions in the law to ensure that people take it seriously, there has never, to my knowledge, been the need to fine anyone. Enforcement has taken the form of education and negotiation, with legal sanctions playing a quiet but secondary role to back up the negotiations. In sum, there are four simple principles that lead to successful, trouble-free nonsmokers' rights legislation: (1) There need to be signs posted in the nonsmoking areas. (2) There needs to be the capacity for strong enforcement; ironically, the presence of sanctions avoids the need for using them. (3) There needs to be a clear statement that the right to breathe clean air takes precedence over the choice to smoke. The existing bill meets the first two criteria; to meet the third criterion, I suggest that the following language be added at page 3 line 9 after "government buildings": "provided, however, that in any dispute arising under such rules and regulations, the needs of nonsmokers shall be given precedence;" I have no doubt that passage of the legislation before you will quickly, simply and inexpensively clear the air for Federal employees. It will also help encourage other public and private employers to follow your lead and produce a safer and healthier environment for all of us. Thank you. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Attachments: "San Francisco Anti-Smoking Law a Success", Vall Street Journal, August 15, 1984 Letter from Surgeon General Koop regarding the health effects of involuntary smoking Letters from city, county, and state officials regarding ease of enforcement of various ordinances: John Lockwood, Assistant City Manager, San Diego Roger Bedgecock, Mayor, San Diego George Story, Director, Citizens Assistance & Information, San Diego James Ford*, Director, Department of Heath Services, San Diego County Bruce Tsutsi, Inspector, Department of Public Health, San Francisco Rita Hardin, Director, Neighborhood Preservation, San Jose C. B. Schneider, Chief, Section of Environmental Field Services, Minnesota department of Health Letter from Art Pick, Executive Vice President, Greater Riverside Chambers of Commerce, endorsing a proposed ordinance (which passed) Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 NEWS from AMERICAN LUNG ASSOCIATION The omsunas Seal Pecos e 1740 Broadway, New York. N. Y. 10019 (212) 315-8700 EMBARGOED FOR RELEASE: 6:30 P.m. (EST) THURSDAY, DEC.5, 1985 CONTACT: Michele Kling Dec. 3-4 (212) 315-8836 Dec. 6-7 (305) 634-7711 OR Elaine Chapnick (212) 315-8740 AMERICANS WANT SMOKE-FREE AIR AT WORK COLORADO SPRINGS, COLO., December 5, -1985--For the first time, there is documentation that the vast majority of Americans want smoking regulations at the workplace. Eighty-seven percent of Americans--smokers and nonsmokers--now believe companies should either ban smoking totally at work or restrict it to designated areas, according to a new national survey released today by the American Lung Association--the Christmas Seal People'. The same survey also showed that fully 75 percent of Americans believe that smokers should not light up in the presence of nonsmokers. This figure is up 6 percentage points from the 69 percent recorded in the Lung Association's original 1983 survey of attitudes toward smoking. And 94 percent of Americans now believe smoking is hazardous to health, as compared with 92 percent in 1983. Despite tobacco industry claims that there is no need for smoking regulations at the workplace, the survey, which was conducted by the Gallup Organization for the Lung Association, found that 80 percent of current smokers, 92 percent of nonsmokers, and 89 percent of former smokers feel companies should have policies designating smoking and nonsmoking areas in the workplace or totally banning smoking at work. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332ROO0300250001-1 Americans Want Smoke-Free Air at Work--2 "More and more companies around the U.S. are instituting smoking restrictions at the office in response to the needs and wishes of the employees," said ALA Managing Director James A. Swomley. This survey documents what American business has been demonstrating--that Americans now understand the health hazards of smoking go beyond the-active smoker to the involuntary smoker.' Swomley said the Lung Association's survey reflects 'I new assertiveness among American employees who can't be fooled by the cigarette industry's claim that smoking is merely an issue of courtesy and not a health issue.' 'But,' Swomley said, 'this attitude is not new to those of us in public health education. Our survey shows that 62 percent of America's current smokers agree that they should not smoke in the presence of nonsmokers. This represents an increase of 7 percentage points in just two years. 'We are dealing with a serious health issue here,* Swoml ey added. 'When both smokers and nonsmokers alike agree that the air should be free of smoke, they're worried about their health and health of those around thew.' Swomley said the time has come to address the addictive nature of tobacco. The U.S. Public Health Service has called smoking 'the most widespread example of drug dependence in this country,' he noted. U.S. Surgeon General C. Everett Koop, M.D., earlier this week said, 'Seventy-eight percent of the nation's 53 million smokers wish they could quit but can't...because they're addicted.' The Lung Association survey, carried out through personal interview with a national sample of adults over age 18, asked 1,540 men and women their opinions about smoking. Other data from this survey showed: ? Among those who said companies should have separate areas for smoking and nonsmoking, 76 percent are current smokers and 80 percent are former smokers. Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332ROO0300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Americans Want Smoke-Free Air at Work--3 ? 62 percent of the respondents felt smokers should refrain from smoking in a public place. ? 32 percent felt there should be a total ban on cigarette advertising. ? Another 36 percent believed there should be curbs on some types of advertising. The American Lung Association, dubbed in 1981 by the Tobacco Institute as its 'No. 1 adversary,' is the oldest nationwide voluntary health agency in the U.S. and was one of the first health organizations to assume major public education activities on behalf of nonsmokers' rights and the health effects of involuntary smoking. EDITOR'S NOTE: SEE ATTACHED STATISTICS AND ILLUSTRATIONS. 12/85 /dsp Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Merit Systems Protection Board NOTICE No: 86-46 Date: April 29, 1986 BUILDINGS AND SPACE MANAGEMENT (1510) BAN ON SMOKING AT MSPB Smokers slowly burn it; non-smokers, some of them, slowly burn because of it. Not only people but machines as well, most notably our omnipresent H-P computers, are affected adversely by the smoke and ash associated with cigarettes and the like. As our offices become increasingly smaller, the problem of smoking looms ever larger. The conclusion is inescapable that the efficiency of the Board's operations is compromised by the contaminants associated with smoking. It's time to clear the air. Effective May 15, 1986, the Board will join the growing ranks of public and private sector offices that prohibit smoking, in the regions and in headquarters; in private offices as well as open space; in meeting ro1nis, hearing rooms, rest rooms, and corridors. All of us--" and all our visitors, too. In an effort to assist employees in the transition to a smoke-free environment, for the next ninety days a reasonable number of short breaks will be permitted away from the premises for those unable to cope otherwise. Stairwells or, at headquarters, for example, the terrace canteen and cafeteria, may be considered away from the premises. Our commitment to a smoke-free environment is now the policy of the Board. I realize that this will cause, at least temporarily, some inconvenience to some of you. However, J Given our statutory obligations to complete the bargaining process with the Association, this directive is not presently effective as to bargaining unit personnel. Members of the unit are urged, however, as a matter of courtesy to their fellow employees, to limit smoking, voluntarily and without fear of penalty, to their private offices or an appropriately ventilated area away from the H? equipment. Distribution: LL E,71,0,:' S Initiated' b-,,: BC Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 your support is greatly appreciated. The MSPB Recreation Association is looking into ways of providing assistance to those who desire to break the habit. Watch for future announcements. Failure to abide by the Board's "No Smoking" policy will be dealt with in the same manner as any other violation of an administrative directive or rule. Maria L. Johnson Acting Chairman , Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 -NEWS RELEASE U.S. MERIT SYSTEMS i-,myrEuriON BOARD Public Information and Median Services Division Washington. 0C. 20-119 (2I)1) ( : 7 I ; Contact: Paul Trayers May 13, 1986 (202) 653-7175 Immediate Release MSPB BANS SMOKING In a recent notice sent to its employees, the U.S. Merit Systems Protection Board announced that, as of the 15th of May, it will ban smoking throughout the agency. The notice, signed by Acting Board Chairman Maria L. Johnson, cited increasingly smaller office space and adverse effects to both employees and computer equipment as grounds for the ban. Stating, "It's time to clear the air," the notice said: Effective May 15, 1986, the Board will join the growing ranks of public and private sector offices that prohibit smoking, in the regions and in headquarters; in private offices as well as open space; in meeting rooms, hearing rooms, rest rooms, and corridors. Timed in conjunction with a health and fitness drive at the Board commemorating rLitional Physical Fitness and Sports Month, the announcement went on to say that there will be a ninety-day grace period during which "a reasonable number of short breaks will be permitted away from the premises, for [smokers) unable to cope otherwise." In addition, an earlier notice on the health and fitness program announced: ...the (Board's] Recreation Association will offer the American Cancer Society FRESHSTART program, designed to help smokers stop smoking. The program consists of four one- hour, small group sessions. This program is offered without charge and administrative leave will be authorized for those who participate. "Our commitment to a smoke-free environment," stated Acting Chairman Johnson, "is now the policy of the Board." Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 News Release r 7 Contact: Joseph V. Slye 202/566-0705 GSA's Golden Previews New Smoking- Rules For Federal Puildings SEATTLE, Wash. (May 22) - The head of the U.S. General Services Admin- istration (GSA) announced here today proposed regulations that would ban govern- ment employees and the public from smoking -- except at designated smoking areas -- in the 6,800 buildings nationwide managed by GSA. Administrator Terence C. Golden previewed the stringent new regulations in keynote remarks at the opening of a two-day Regional Conference on Public Employ- ee Fitness and Health sponsored by the President's Council on Physical Fitness and Sports. The theme for his address was the "total wellness" of government workers. Golden said the new regulations, which were scheduled for publication today in the Federal Register for a 60-day comment period, probably will not take effect until this fall. The smoking ban will include general office space, lobbies, corridors, conference rooms, classrooms, libraries, elevators and rest rooms. Designated smoking areas will be established at cafeterias and vending facilities. Nothing in the regulations precludes an agency from setting more stringent guidelines. He told the physical fitness program managers that his smoking ban regu- lation is one of several initiatives designed to promote the "total wellness" of federal employees, including: ? Safety improvements in the workplace, including the removal asbestos, tra z o--. _=-_4 other ?~~_ ~o. titer a -MOPS,-- U.S. General Services Administration, Washington, DC 20405 (202) 506-1231 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 productivity; ? Strengthened physical security in public areas and at the workplace for government workers in federal buildings; o Clearing the way for federal agencies to establish and sponsor physical fitness facilities for government workers; o r1Iaking it possible for day care,centers to be established at GSA managed buildings for sponsors to help meet the needs of working parents. Golden said "the official regulations I have proposed for federal buildings are a positive step toward the 'total wellness' of federal employees. Hand-in- hand with other initiatives to improve the quality of the federal workplace, the federal workforce can be healthier, happier and more efficient." He said his main concern is for the health of the federal worker, adding "smoking has begun to infringe on the health interests of nonsmokers in the workplace. No longer is it the right of the individual to smoke without regard for the health concerns of those who work in the same area." Citing cigarette smoking as the cause of some 340,000 premature deaths an- ually, Golden said in 1984 the direct medical costs from smoking-related disease and death totalled $23,300,000,000 with indirect costs from smoke-related ill- nesses set at 19,300,000,000. # # # 1 96-vSE) uatI Jwov saanwg tiauao 9 n Pad S"I PA 86e sod OOE5 dsfl _).d ti;E~2 ssaulsn8 le13U40 sovoZ oo 'uol5uIysEM uoye4slwwpy sa3wag leJauaO Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 (:1 l:l'" L (, < 1:V l CL - 1,1)"1 t:I S i:AT] ON 1'l'RI.I C PM] [A)l NGS SEPV] CE (41 C F R raft 101-20) S `:UF: I t:G :: ;t1 [.A7 I Ot:S C; CY: Ccencia] Services Administration. ACTION,: ri opposed rule. X. APY: This regulation provides for revised smoking regulations in buildings controlled by GSA. It has become necessary to regulate smoking in certain areas of Federal buildings because smoke in a confined area may be irritating and annoying to non-.-::.okc!rs. In addition, the-Office of the Suz(joon General has indicated that current scientific evidence suggests that exposure to ambient tobacco smoke can be hazardous to non- s:no):ers and may create a potential hazard to those suffering from heart and respiratory diseases or allergies. GSA also r(?coyni?res the rights of individuals to smoke in such buildings provided such action does not cause discomfort or unreasonable annoyance to non-smokers or infringe upon their rights. The intent of this xC?yu]ation is to provide a reasonably smoke-free environment for tljc)s.e uc'r}:ina and visiting GSA-controlled bui ldinas. Cc;::ncnts rust be r c?ce i vtd on or before: (60 rays from the c't:te of F,ui,l ic.it ion in tl,( Fr?(:cral Register). ~ 1,[):)F-:ESS: 1:r it ton c ~,~r^c nts should be sent to the General Servi Ad-- ini~-~t rt icn (1), 1:i:)gtcon, I)C 70405, Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88GO1332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 t'OR FU1 I1I:R I NI-OI;-;ATI Ot: CONTACT: Mr. James A. Marsden, Acting D i r e c t o r , F,,c-i 1 i tl. Management Division, (202-566-1563) S111'PLf:!',i:NTARY INI'UI 9ATJON: The General Services Administration has detezmi ned that this rule is not a major rule for the purposes of E. O. 12291 of February 17, 1981, because it is not 1 i;.ely to result in an annual effect on the economy of $100 million or more; a major increase in costs. to consumers or others; or significant adverse effects. Therefore, a Regulatory, In.-pact Analysis has not been prepared. GSA has based all Administrative ciecisions underlying this rule on adequate information concerning the need for, and the consequence of, this rule; has determined that the potential benefits to society from this rule outweigh the potential costs and has maximized the net benefits; and has chosen the alternative approach involving the least net cost to society. GSA Pr opposes to amend Part 101-20 as follows: PART 1 01 -20-- MANAC:FMENT OF BUILDINGS AND GROUNDS 1. The authority citation for Part 101-20 continues to read as follows: ALTTI10RI TY: S.ec. 205 (c) , 63 Stat . 390; 40 U.S.C. 486 (c) 1 01 1:111 I.n] NG OPERATI Or-IS, MAINTENANCE, PROTECT] ON, A!;D A L I t:1:.,Ti (~t;S 2. 101-20.109-10 is revised to read as fo] lows: 101-:0.109--10 ion of smoking. F~,cul pit ions :.I ,?,ii, r o] ] i nc .l..nc in GSA-controlled buildings and facilit ,It? !.(?t f(IIth below. Agencies are enceuraced to Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 Declassified in Part - Sanitized Copy Approved for Release 2011/11/14: CIA-RDP88G01332R000300250001-1 de'.?t!lop )J,ii; ion.il (au)de]ine, for internal use and for action w h e n v i o l i o n s of these regulations occur. Nothing in these :e:uIati( )5 rocludes an agency from establishing more stringent 1 1 0 s , . For purposes of these regul 3t ions, general office space is .fined as space occupied by personnel performing their daily work functions; this includes, but is not limited to: ADP arc3s, m.-il rooms, file rooms, duplicating areas, court and jury roe:ms, office space, etc. (a) Smoking is prohibited in the following areas, except as dt?signatod pursuant to paragraph (b) (1) below. (1) Genera] office space. (2) Auditoriums, classrooms, and conference rooms. (3) Elevators. "No-smoking" signs shall be posted in elevators, .adequate receptacles shall be placed outside the entrances. (4) Corridors, lobbies and restrooms. (5) Mcdi;al care facilities such as medical clinics and health units. (5) 1_ihi i~'s. (7) :ii-cas. Each agency shall post and enforce "no 577.:''.in,)" in -)ny location under its jurisdiction which involves i liquids, flammable gases, or flammable Vat) cxs, or in .311 other locations where there is a collection of re.-ci Iv i