STATEMENT BY THE AFL-CIO SMOKING AND THE WORKPLACE FEBRUARY 19, 1986 BAL HARBOUR, FLORIDA The 1985 Surgeon General's Report on The Health Consequences of Smoking-Cancer and Chronic Lung Disease in the Workplace - has focused new attention on smoking and occupational disease. The report purports to be a review of available scientific evidence on the combined risks of smoking and exposure to known occupational hazards. Rather than shedding light and contributing new information on the occupational health problems faced by many workers, the report minimizes the risks posed by workplace toxins. Broad conclusions are reached that smoking poses a greater risk to workers than their workplace environment, yet there is no evidence in the document to support these findings. The AFL-CIO believes that employers will attempt to use the report to shirk their responsibility to clean up the workplace and to place blame for occupational disease on workers who smoke. The labor movement recognizes that smoking is a major public health problem of concern to both smokers and non-smokers and that there are real issues related to smoking and the workplace that should be addressed. It is well documented that employers' failure to control exposures to toxic substances in the workplace increases the risk of diseases for many workers. For workers exposed to some of these hazards, such as asbestos, there is evidence that smoking may further increase the risk of certain diseases. Our first priority is to limit exposures to toxic substances to reduce the risk of all exposed workers. We support programs to provide medical surveillance, education and counseling about the risks of disease to workers at high risk. Such programs should address the dangers of exposure to toxic substances and the added risk that may be posed by smoking, and provide assistance to those workers who wish to quit smoking. Many unions have already implemented these kinds of education and assistance programs. 6 Bakery, Confectionery and Tobacco FRANK HURT 10401 CONNECTICUT AVENUE, KENSINGTON, MARYLAND 20895-3961 INTERNATIONAL PRESIDENT STATEMENT ON BAKERY, CONFECTIONERY & TOBACCO WORKERS SUBMITTED FOR THE RECORD TO THE HEALTH AND ENVIRONMENT SUBCOMMITTEE OF THE HOUSE ENERGY AND COMMERCE COMMITTEE FEBRUARY 7, 1994 The Bakery, Confectionery & Tobacco Workers International Union (BC&T) appreciates this opportunity to submit for the formal record our perspective on H.R. 3434, the "Smoke-Free Environment Act of 1993." Our union, headquartered in Kensington, Maryland, represents approximately 16,000 hardworking men and women employed in the tobacco industry in the United States. Before providing specific comments on the legislation, we would like to refer the Subcommittee to the national AFL-CIO's position on the subject of smoking in the workplace, which we have included as part of our formal submission for the record. The AFL-CIO opposes the imposition of smoking restrictions by either legislative or administrative mandate. Rather, organized labor believes that smoking policies are best developed within the context of individual worksites when they include discussion and negotiation between employers and employees or their elected employee representatives. The BC&T endorses this approach. While BC&T could support the concept of designated smoking areas included within H.R. 3434, we cannot support the bill in its entirety because of several concerns which we discuss below. page two BC&T Testimony, 2/7/94 Health & Environment Subcommittee House Energy and Commerce Committee 1. H.R. 3434 does not adequately address the real problems in indoor workplaces. Through its sole focus on banning environmental tobacco smoke (ETS), H.R. 3434 moves ETS ahead of a host of indoor air contaminants which exist in the workplace and have been proven far more hazardous to workers and the general public. It is regrettable that legislation to ensure worker health and safety and reduce exposure to such contaminants is not pursued as vigorously as H.R. 3434. 2. Enactment of an ETS-only ban will effectively pre-empt comprehensive IAQ legislation. Because H.R. 3434 is high-profile, highly controversial legislation which ignores the broader, more comprehensive issue of workplace protection, debate and passage of H.R. 3434 may have a chilling affect on the political resources within Congress and federal agencies to further legislate or regulate needed standards in the area of worker health and safety. 3. Subsection (c), which refers to "specially designated smoking areas" is too vague and fails to provide the Administrator of the Environmental Protection Agency with necessary guidance. The writings on building ventilation by EPA staff indicate a serious lack of expertise on the subject. Without more specific guidance from Congress, EPA's regulations for designated smoking areas will, most likely, reflect the biases of agency staff rather than sound ventilation engineering principles. 4. Moreover, H.R. 3434 as drafted would certainly apply to workplaces which have traditionally been under the jurisdiction of the Occupational Safety and Health Administration (OSHA). This bill would create confusing and even conflicting roles for the two agencies. We believe that the indoor air environment in the workplace is a subject that should remain within the jurisdiction of OSHA. 5. H.R. 3434 establishes a permissible exposure level (PEL) for ETS of zero, while Congress, EPA and OSHA tolerate far higher PEL's for substances whose lethal effects at the permitted exposure level are far better established. We believe that Congress should take a reasoned, balanced approach to legislation which will regulate virtually every indoor space in the U.S. and not be swept up in the carefully orchestrated hysteria surrounding the issue of environmental tobacco smoke. Based on the above concerns, we respectfully urge the members of the Health and ### NĒMI NATIONAL ENERGY MANAGEMENT INSTITUTE Edward F. Carlough Plaza 601 North Fairfax Street, Suite 160 Alexandria, Virginia 22314 703-739-7100 James T. Golden, Administrator Statement of the National Energy Management Institute Submitted to the Subcommittee on Health and the Environment of the Concerning Legislation to Restrict Smoking in Public Places February 7, 1994 The National Energy Management Institute (NEMI) is a national, non-profit labor/management trust of the sheet metal industry with offices in 11 cities across the country. Over the past several years, NEMI has been actively involved on the national, state and local levels in the identification of practical solutions to indoor air quality problems. During this time, NEMI has investigated scores of buildings and has come to the conclusion that the primary cause of worker indoor air quality complaints focuses on ventilation deficiencies. The Energy Management and Indoor Air Quality Professionals |