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HomeMy WebLinkAbout31- Council Office CITY OF SAN BER[ RDINO - REQUEST OR COUNCIL ACTION From: Councilman F.J . Curlin, M.D. Subject: Smoking Ordinance Amendment Second Ward Dept: Council Office Date: June 29 , 1993 Synopsis of Previous Council action: Recommended motion: See attached r ow dF Signa ure Contact person: Phil Arvi zo Phone: 5208 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Aaenda Item Nn_-CR/ E CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ------------------------------------------------------------------------------------------------ To set a Public Hearing to : 1 . Amend Chapter 8 . 72, Section 050 "Smoking in restaurants" , subdivision "A" to read "Smoking is prohibited and unlawful within all enclosed restaurants" . 2 . Amend Subdivision "B" to read as follows : Restaurants with a seating capacity of more than 50 persons located in a dance club, excluding from that calculation of capacity any portion of such facility which is located outdoors and/or which is utilized as a bar, shall have a portion of the dining area designated as a non- smoking area. The non-smoking area required by this paragraph must be a contiguously maintained indoor area comprised of at least 50% of both the seating capacity and floor space of the area in which customers are being served. 3 . Add Section "C" - the prohibition set forth in paragraphs a and b above, shall not apply to any portion of a restaurant which is utilized as a bar, or to any rooms which are being used for private functions, but only while any such rooms are used for such private functions . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Over 25 years ago, research at the Sloan-Kettering Institute in New York City (Dr. Wynder Study) , demonstrated, by the use of smoking robots, the direct relationship between tobacco use and cancer. Since that time, a host of other disease conditions, including heart disease, emphysema, low birth weight in newborns, etc . , have been also related to tobacco abuse . The most dramatic revelations, however, have been the recent indictment of smoking abuse insofar as it affects non-smokers by their inhalation of exhaled and sidestream smoke . It is estimated that each year 430, 000 Americans die as a direct result of smoking. In addition, more importantly, it is estimated that 53 , 000 non smoking Americans die each year as a result of their exposure to sidestream and exhaled smoke in their homes and in the work place . Economic loss incurred by United States businesses, as a direct result of smoking, is a staggering 52 billion dollars a year. This ordinance modification is geared to protect the rights and health of the general public and is in harmony with parallel legislation, past and pending, in 541 localities and 46 States, including the City of Los Angeles (passed by the Los Angeles City Council June 23 , 1993) . a S 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING IN 3 RESTAURANTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Section 8.72.050 of the San Bernardino 7 Municipal Code is hereby amended to read as follows: 8 "8.72.050. Smoking in Restaurants. 9 "A. Smoking is prohibited and unlawful within 10 all enclosed restaurants. 11 "B. The prohibition set forth in Section A shall 12 not apply to restaurants with a seating capacity of 13 more than 50 persons located in a dance club, 14 excluding from that calculation of capacity any 15 portion of such facility which is located outdoors 16 and/or which is utilized as a bar, as long as such 17 restaurant shall have a portion of the dining area is designated as a non-smoking area. The non-smoking 19 area required by this Section must be a contiguously 20 maintained indoor area comprised of at least 50 21 percent of both the seating capacity and floor space 22 of the area in which customers are being served. 23 it C. The prohibition set forth in this Section 24 shall not apply to any portion of a restaurant which 25 is utilized as a bar, or to any rooms which are being 26 used for private functions, but only while any such 27 2s DAB/bg (Smoking.Ord] 1 June 30. 1993 �� �_ 1 rooms are used for such private functions, or to any 2 portions of the restaurant which are located outdoors 3 or are open to the sky. " 4 SECTION 2. Subsection C of Section 8.72.090 is hereby 5 amended to read as follows: 6 "C. Any person who violates Subsection A of this 7 Section or any person or business who violates 8 Subsection B of this Section, except as otherwise 9 provided herein, shall be guilty of an infraction, 10 punishable as set forth in San Bernardino Municipal 11 Code 91 . 12(B ) . " 12 13 14 15 10 17 18 19 20 21 22 23 24 25 26 27 28 DAB/bg [Smoking.Ord] 2 June 30, 1993 Alow 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING IN 2 RESTAURANTS. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 HERNANDEZ 11 OBERHELMAN 12 OFFICE VACANT 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 The foregoing Ordinance is hereby approved this day 19 of 1993. 20 Tom Minor, Mayor City of San Bernardino 21 22 Approved as to form and legal content: 23 JAMES F. 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OrJ C O � y v. r1 n ,0,,, " per' O p� 8 3 l7 0 (07 `�1 A E*r a .� !Da `� '� 5 0• dq cr eb O Q 5' o � 0 c n R �' � ,Ox Fa ° g F � � sR 9cx o c. .b � O °+ C C O A L I T I O N F O R A Tobacco-Free San Bernardino County 505 North Arrowhead Avenue, Suite 500, San Bernardino, CA 92415-0048 1-800-637-6653 Telephone (909) 387-6000 Fax (909) 387-6006 July 19, 1993 MEMBER AGENCIES Mayor Tom Minor American Cancer Society City of San Bernardino 300 N. D Street American Heart Association San Bernardino, CA 92401 American Lung Association Dear Mayor Minor: Behavioral Health Institute at Cal State University San Bernardino As Chair of the Coalition for a Tobacco-Free San California Nurses Association Bernardino County I am writing to commend the city of San Bernardino for considering an ordinance concerning Chino Hills Advocates for a smoking in restaurants. Such efforts can help protect Smokefree Environment(CHASE) adults, children and restaurant employees from the harmful effects of secondhand smoke. Such legislation Crafton Hills College will help reduce the 53, 000 deaths each year caused by secondhand smoke exposure. Our coalition and its Inland County Health individual members stand ready to assist the city in Systems Agency any way possible to further our goal of a tobacco free county. Inland Empire Hispanic News Kaiser Permanente Sincerely, Libreria del Pueblo 64kt 1.-('�c Tu I y Pa( n'e Loma Linda University Laurie Tully-Payne Center for Health Promotion Chairperson Coalition for a Tobacco-Free San Bernardino County San Bernardino County Medical Center San Bernardino County Medical Society San Bernardino County Department of Public Health San Bernardino County Superintendent of Schools Tri-County Dental Association X31 MdMM r CBRA Nietts i i California Business and Restaurant Alliance EPA Report Will Have No Impact on Workers' Comp Last January,the Environmental Protection Agency that two months of on-the-job secondhand smoke (EPA) released a report on environmental tobacco exposure would have the impact of one cigarette;for a smoke (ETS),commonly referred to as secondhand restaurant patron, it would take an entire year's worth smoke. The report states that secondhand tobacco of lunches to have the same impact. smoke creates an increased risk of lung cancer and is One of the most obvious omissions in the EPA responsible for 3,000 deaths every year. report is a recent National Cancer Institute study on Since its well-publicized release,the EPA report secondhand smoke. It is perhaps significant to point has been hailed by anti-smoking activists as the out that the National Cancer Institute study does not evidence they need to put an end to smoking in all find any increased risk of lung cancer from secondhand public places including restaurants,hotels,bars, smoke. In addition,the EPA report ignored its own bowling centers and race tracks. Their claim is that the standards by increasing the allowable margin of error. EPA report provides the legal leverage for use in Had traditional methods been used,they would have workers'compensation cases. shown no increased risk. Anti-smoking activists are misusing the EPA report EPA Report Impacts on Workers' Compensation to try to get government to further regulate our Liability businesses. The EPA report does not change employer liability EPA Report Flawed regarding workers'compensation or common-law cases The most cursory review of the EPA report reveals involving secondhand smoke in the workplace. the glaring fallacy of the anti-smoking activist Secondhand smoke, specifically ETS, has already been arguments. The EPA risk assessment is based entirely listed under California's Proposition 65 as a known on studies in the homes of nonsmoking spouses of carcinogen since 1989. smokers—not in a single restaurant,workplace or Further,the State of California has concluded that public place. secondhand smoke is one of more than 300 substances Fails to Study Secondhand Smoke commonly found in the environment that can cause in Restaurants cancer. Not included in the EPA report are a number of Just because ETS is listed under Proposition 65, studies which specifically measure ETS levels in does not improve a claimant's charges of prevailing in restaurants. In fact,these studies conclude that a workers'compensation litigation over secondhand person would have to spend several hundred hours in a smoke. Even if a court were to accept the EPA report's typical restaurant to be exposed to the nicotine conclusion that secondhand smoke is capable of equivalent of a single cigarette. causing cancer,a claimant would still have to For a typical waiter or waitress,that would mean (Continued on page 3) "From a legal standpoint, the EPA Report has no more judicial ■ EPA Report Will Have No Impact on Workers' significance than (previous) reports by Comp page 1 the Surgeon General and the Nation ■ Assembly Bill 13 vs Assembly Bill 996 pages 2 Academy of Sciences." &3 John Fox ■ An Expert's Opinion: John Fox's Testimony on (See story on page 4) AB 13 page 4 ■ Did You Know?page 4 Spring 1993 • CBRANews 1 PE" ^ION FOR CLEAN INDOOR AIR 1A e,°� in the City of San Bernardino WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air -)Ilution;and that secondhand smoke kills 53,000 nonsmokers in the United States each year and, WH�FREAS. reliable studies, including the Environmental Protection Agency's report on passive smoke, have shown that breathing sidestream or secondhand smoke is a significant health hazard;and WHEREAS.health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection,decreased exercise tolerance,decreased respiratory function,bronchia-constriction, ind bronchospasm; and WHEREAS.the Surgeon General of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible,and in particular, to protect infants and children from this smoke; NOW THEREFORE_we as residents,request the city council to enact an ordinance that prohibits smoking in all enclosed areas including restaurants,workplaces,and recreational facilities. We request that the city council protect the public health and welfare and guarantee the right of nonsmokers to breathe smoke-free air,and to recognize the need to breathe smoke-free air shall have priority over the desire to srpoke. C--�--- I Q N R _ q am o� YOUR NAME d P c TUBE RESIDENCE ADDRESS / (Vail 16 q.2- 6 S A0 PRINT YOUR NAME QTY ZIP 3 r i.4 TURE RESIDENT ADDRESS PRINT YOUR NAME CITY ZIP S�NA RESIDENCE ADDRESS PRINT YOUR NAME CITY ZJP 5 402P Z-C10('L.tom l TURE RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP 73 SMOKING ORDINANCE IN FAVOR OP: AGAINST: E-6 there J-i.menez--imea-am Angie Tocchin.i 6825 R.idgezide Dt. D � 848 W. 20th St. Riveuide, Ca 5� y Phone: 882-9746 Phone: 387-6000 t� Ap it Ganc i.a. 132 W. Joh"ton Sharon Leyden Cotton, Ca Redlands Phone: 783-6927 Frequents Hospitality Lane M}r,6. Jacob Sandetc.d Maria Alverez 1839 Genevieve St)ceet 1505 Northpark Blvd. Phone: 883-5228 880-8880 Christine Larnery 341 Glenn Way 880-8488 Carla Castro 3031 Flores 880-8731 in the City of San Bernardino WHFRFAt numerous studies have found chat tobacco smoke is a major contributor to indoor air pollution;and that secondhand smoke kills 53,000 nonsmokers in the United States each year and, WHFRFAS_ reliable studies, including the Environmental Protection Agency's report on passive smoke, have shown that breathing sidestream or secondhand smoke is a significant health hazard;and MLEEAS health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection,decreased exercise tolerance,decreased respiratory function,bronchia-constriction, and bronchospasm; and WHEREAS the Surgeon General of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible,and in particular, to protect infants and children from this smoke; NOW THEREFORE. we as residents,request the city council to enact an ordinance that prohibits smoking In all enclosed areas including restaurants,workplaces,and recreational facilities. We request that the city council protect the public health and welfare and guarantee the right of nonsmokers to breathe smoke-free air,and to recognize the need to breathe smoke-free air shall have priority over the desire to smoke. iv ,e 7 RE9 ADDRESS M(Jri _C C ► VlnrAsIur�/ ��� vt ��L✓�G��� i� � C,1-\ 92-10� PRINT YOUR INWIE If CITY zip 2�� /, I �, /--1 0 `o e- 4 0 e — . RESbW SfOvA E A` vta.rA ; A-0 t C PRINT YOUR NAME CITY ZIP -N7q A [,( N i YA Z L TORE l MUXNa AD6RM r\ PRINT YOUR NAM CITY z1► SIGNATURE RESIOErvCI ADDRESS o-b ZZ PRINT YOUR NAM CITY c�ZIP TUBE RLSIDENCE ADDRESS PRINT YOUR NAPE CITY ZIP P' ITiON FOX Cl.ist►lt•1 1NUOOK A.L' in the City of San Bernardino WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;and that secondhand smoke kills 53,000 nonsmokers in the United States each year and, WH REAS reliable studies, including the Environmental Protection Agency's report on passive smoke, have shown that breathing sidestream or secondhand smoke is a significant health hazard;and M3EAA5.health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection,decreased exercise tolerance,decreased respiratory function,bronchia-constriction, and bronchospasm; and WHEREAS.the Surgeon General of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible,and in particular, to protect infants and children from this smoke; NOW THEREFORE_we as residents,request the city council to enact an ordinance that prohibits smoking in all enclosed areas including restaurants,workplaces,and recreational facilities. We request that the city council protect the public health and welfare and guarantee the right of nonsmokers to breathe smoke-free air,and to recognize the need to breathe smoke-free air shall have priority over the desire to smoke. RESIDGNa ADDRESS Q _ 5ar, ecf\aalin(� q2(qLD PRINT YOB t NNIE CITY S'C US004U ADDRESS PRNVT CITY zr SIGNATURE RESOENCE ADDRESS PRINT Y"NAP'1E CITY Zip SGNAtW RESIDOCE ADDRESS � ` T �„0 .tit c/,�,"J"I, Set h F.�-&� k;a , %a��J PRNJT YOUR NAME CITY ZIP RESIMa ADDRESS / \C- i !`i t./mow ­a a--)rte. PRINT YOUR NAME CITY zr P7 LTIUM t"Uh k'"LAM lNlyUOK Al, in the City of San Bernardino WHF_RFAS numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;and that secondhand smoke kills 53,000 nonsmokers in the United States each year and, WHEREAS. reliable studies, including the Environmental Protection Agency's report on passive smoke, have shown that breathing sidestream or secondhand smoke is a significant health hazard;and WHF_RFaS.health hazards induced by breaching sidestream or secondhand smoke include lung cancer, respiratory infection,decreased exercise tolerance,decreased respiratory function,bronchia-constriction, and bronchospasm; and WHEREAS.the Surgeon General of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible, and in particular,to protect infants and children from this smoke; NOW THEREFORE. we as residents,request the city council to enact an ordinance that prohibits smoking in all enclosed areas including restaurants,workplaces,and recreational facilities. We request that the city council protect the public health and welfare and guarantee the right of nonsmokers to breathe smoke-free air,and to recognize the need to breathe smoke-free air shall have priority over the desire to smoke. St-77 2 PRINT YouR AME CITY ZIP TLOW RESIDENCE ADDRESS ti ._L.-c-ti/ii a f �. 1 t"ytC�m� r n o q140-7 PRINT YOLA NAME CITY ZIP 3 SIGNATURE RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP 4 593SLATURE RESIDED ADDRESS PRINT YOUR NAME CITY ZIP 5 SOI ATURE RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP RESTAURANTS ""i ,Sy• , A 1 r , • � "•;ell, ��,sCt '��'••` .. r • . '�� � W�.ti r t`i �� ®� „�\� WX Al A Wo • S t, ! �. J• � ` {rya • +� 1 �A � TI y u°i.tt nn< a4. • �K L • 1.. .f'. W At, h• f. M�. 7 • • :� ; � )�... 1 Cam.: v..'�'�y� N• .! �i� ��Y w� •� r � �, • •• 'U" IIIA PPoM r 1+a1Pu�I - 444 i.� 1 i J ,1 Helping you breathe a little easier QUESTIONS AND ANSWERS REGARDING ELIMINATING SMOKING IN RESTAURANTS - Why is it important to eliminate smoking in restaurants? For waiters and waitresses, restaurants are a workplace. Although many employers have taken steps to protect employees from secondhand smoke,waiters and waitresses are still exposed during theirworkday and still need to be protected. Ilow great a risk is secondhand smoke? A recent study conducted by Dr. Stanton Glantz and Dr. William Parmley at the University of California, San Francisco, determined that 53,000 nonsmokers die each year from secondhand smoke. The Environmental Protection Agency has declared secondhand smoke to be a Class A Carcinogen—a carcinogen like radon, asbestos,and benzine which is definitely known to cause cancer in humans and for which there is no safe level of exposure. The U.S.Surgeon General,the National Institute of Occupational Safety&Health,and every other agency that has investigated secondhand smoke has determined that it presents great health risks and exposure should be avoided. Are the health risks for employees in restaurants any greater than for employees in other workplaces? Y The concentration of smoke in restaurants in significantly greater than in typical workplaces. The Environmental Protection Agency's calculations of health risk assume seven workers per 1,000 square feet in the average workplace,with two of the seven being smokers.In restaurants,the average capacity is 35 people per 1,000 square feet,with 10 of them being smokers. Even with higher ventilation requirements, the concentration of smoke in restaurants will be two to five times higher than in the typical workplace. Many nonsmokers have successfully sued for workers' compensation benefits and the right to a smokefree workplace. In restaurants, many nonsmoking employees have come down with smoking-related diseases as a result of theirworking environment. In one case in Sauselito, a nonsmoking vegetarian waiter was awarded an$85,000 out-of-court settlement after suffering a heart attack from exposure to secondhand smoke in the restaurant where he worked for five years. Aren't nonsmoking patrons protected from secondhand smoke when they sit in nonsmoking sections? They will be protected only if the smoking sections is in a separate room with a completely separate ventilation system. Few restaurants are set up this way. Most smoking and nonsmoking sections are next to each other,and air can move freely between them,carrying smoke with it. Ventilation systems can also carry smoke from room to room even if the rooms are physically separated. The U.S.Surgeon General has stated that separate sections do not eliminate the risk of exposure to secondhand smoke. Restaurant owners claim that their current ventilation systems adequately protect nonsmokers. Is that true? No,itisn't. Restaurants are ventilated in accordance with standards established in the early 1980s by the American Society of Heating,Refrigerating and Air Conditioning Engineers(ASHRAE)—standards which were heavily ` influenced by the tobacco industry. The ASHRAE standards treat secondhand smoke as an irritant rather than a health risk. They are designed to remove the odor of smoke,but do not remove all of the cancer-causing agents. " Tobacco smoke contains thousands of chemicals, many of which are colorless and odorless. Just because you cannot see or smell smoke does not mean you are not at risk. 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (415) 841-3032 / FAX (415) 841-7702 I 7 Couldn't restaurant owners simply improve their ventilation systems instead of going smokefree? If restaurants are concerned about cost, this is the last thing they would want to try. To reach a level where the risk of an employee contracting cancer is acceptable by federal standards (one chance in 100,000 of getting the disease),the amount of ambient carcinogenic tar would have to be no higher than.75 microgram for every cubic meter of indoor air. Since the average level of measurable in American restaurants is currently 202 micrograms per cubic meter, ventilation effectiveness would have to be increased 270 fold to reach that level. This is technologically impractical. Improving the effectiveness of ventilation systems is not cheap; the EPA estimates , it costs one dollar per square foot per year just to double ventilation performance. Thus, a 5,000-square-foot restaurant would spend$5,000 each year(in 1990 dollars) to marginally improve air quality at a level far short of a 270-fold improvement. An ordinance requiring stronger ventilation systems would bankrupt restaurants and would be impossible to enforce. Remember, it costs nothing to prohibit smoking. Restaurant owners claim that they would lose business under this ordinance, representing a great economic hardship. Isn't that true? There is no evidence that restaurant ordinances of this magnitude hurt business. Over twenty similar ordinances have passed throughout the country. Aspen,Colorado implemented a 100%smokefree restaurant ordinance in June of 1986. An independent study conducted by the Aspen Resort Association shortly thereafter found that business improved after the ordinance went into effect. In San Luis Obispo, California, the local Chamber of Commerce—which originally opposed its smokefrce restaurant ordinance—has now admitted that the ordinance "has not hurt most local businesses." The city of Bellflower,California,analyzed sales tax data for the first full quarter after their smokefree restaurant ordinance was implemented. They found that business in restaurants increased compared to the previous months and the same quarter the year before. The city was also able to determine that restaurants who claimed to lose business actually began to lose business before the ordinance went into effect. Although restaurant owners fear that smokers will go to neighboring cities or stop dining out if smokefree legsliation is adopted, only 21%of adult Californians are smokers, and a recent poll commissioned by the California Restaurant Association found that 30%of all smokers prefer nonsmoking sections in restaurants. Furthermore, several cities in the Bay Area have already adopted similar ordinances, and many others will be introduced in the next few months,making it unlikely that smokers will travel to other areas to dine out. Any loss of business from smokers is expected to be minimal,and will be offset by increased business from nonsmokers who avoid smoky restaurants. All the evidence,includingevery independent,empirical study of 100%smokefree restaurant.ordinances, shows-chat restaurants do not suffer as a result of these ordinances. Aren't these ordinance expensive for cities to implement? Smoking pollution control ordinances of all types have demonstrated to be easy and inexpensive for local health departments or city officials to enforce. In fact,cities report that the newest 100%smokefree restaurant ordinances are even easier to enforce because there is no ambiguity in how to implement smokefree policy. Furthermore, to the extent that these ordinances may coincidentally reduce smoking in the community, these ordinances may actually save ci ties money.The San Francisco Department of Public Health,using data provided by the California Department of Health Services, determined that if a 100% smokefree ordinance reduced smoking in San Francisco by only 1%(a conservative estimate),the City would save$2,347,152 each year that would otherwise be spent on treating smoking-related diseases. February 5, 1992 r Iunderstand very well the response ' of the Pasadena restaurant owners _. who are organizing against a pro- posed city ordinance which would pro- hibit smoking in Pasadena restaurants. Three years ago I fought very hard to defeat the Beverly Hills no-smoking or- 3 dinance. At that time I was president of the Beverly Hills Restaurant Associa- tion and along with many others I felt that a 100 percent no-smoking policy in Beverly Hills would prove a financial hardship. Since Beverly Hills is essen- tially a small island in the middle of Los Angeles, many of us felt that our customers would simply walk across the street to L.A. instead of dining with us. We defeated that no-smoking ordi- nance with major funding from the to- bacco industry. But times have changed. We have new facts, new attitudes and new laws regarding smoking. Today, it is illegal to smoke on domestic u:g hts, yet smok- ers fly across the country every day. It's socially acceptable to ask someone not to smoke near you. When I learned that second-hand smoke is a known carcinogen with no safe level of exposure, and that air con- ditioning simply recirculates it, I decid- ed I did not want my family, my cus- tomers or my employees to breathe to- bacco smoke. I own Jacopo's restau- rants, a full service Italian restaurant chain with wine and beer service..My restaurants are located in Beverly Hills, Pacific Palisades, West Los Angeles and Hollywood. My Hollywood location has a full bar. Ten months ago I made all four of my restaurants 100 percent no smoking, including the bar and outdoor patio area in my Pacific Palisades loca- tion. Before I did it, I was really nervous. Was I going to destroy a business that I've worked so hard to build? These last 10 months have seen the worst in the U.S. economy since the Great Depression, with restaurants es- pecially hard hit. Yet Jacopo's sales are about the same as last year. I've had a few guests upset by my policy, but most of them, after hearing the reason why, decided to stay. A very, very few leave. Those who leave are far outnumbered by the guests who tell me every day that they love our smoke-free dining and Jacopo's great food. The aromas from the kitchen are not enhanced by cigarette smoke. " Restaurants that are afraid to become smoke-free need to wake up and look around. Last year the highest-rated res- taurant in the Los Angeles area was Matsuhisa in Beverly Hills. They are 100 percent no smoking. You can't get into that place with a gun — forget reservations. California Pizza Kitchen and Carl's Jr. have become smoke-free, and a whole host of other restaurants , as well. I applaud the mayor of Pasadena and the Pasadena Tobacco Control Coalition- for their good sense and their willing- ness to do the right thing. -. BARRY FOGEL Beverly Hills n I * ` city sAn luis oB1.Vo too 0 W OFFICE OF THE MAYOR • 980 PALM STREET Post OffiC9 Box 8100 • San Luls Oblapo,OA 83403.6100 • 8051649.7111 October 29, 1992 The Honorable Paul R. Soglin Mayor of Madison, Wisconsin 210 Martin Luther King Drive Milwaukee, WI 53703 Dear Mayor Soglln; I recently learned that the City of Milwaukee is considering a comprehensive smoking ordinance that, among other things, precludes smoking In restaurants, You may be aware that the City of San Luis Obispo adopted a comprehensive Smoking Ordinance nearly two years ago. Under the City's Ordinance, smoking is prohibited in all public places, Including bars and restaurants. To the best of our knowledge, our Ordinance is the strongest in the nation. As a result, I am extremely familiar with how emotional and controversial taking this action can be, Let me assure you that our City Council took its share of "heat" for adopting the Ordinance, 1, for one, cast the sole dissenting vote. As a long-time businessman in this community, I felt that adopting an ordinance this stringent would have a very negative effect on our local economy, especially since the City relies so heavily on tourism. Once the Initial controversy died down, however, I have to admit that with relatively little effort, the Ordinance has been a complete success. Examples of our success include; * Our community overwhelmingly supports the Ordinance. This is documented in a poll conducted by local University students which revealed that nearly 75% of the community supports the Ordinance. * The Ordinance has not had a negative financial impact on our hospitality industry. The Executive Director of our local Chamber of Commerce has gone on record stating "that the Ordinance has not harmed local business", In addition, an analysis of sales tax receipts shows that receipts actually rose by 7.6% for restaurants and hotels in the first half of 1991 (after the Ordinance was adopted) when compared to the first half of 1990 (prior to adoption of the Ordinance). * Enforcement of the Ordinance, has gone extremely smoothly, Support and cooperation from the public and business community has been outstanding, This is evidenced by the fact that the City has only issued a total of six citations over the last two years, Mayor Paul R. Soglln City of Madison Page 2 October 29, 1992 * Costs to implement the Ordinance has been minimal. The City has spent approximately $3,000 on materials (no smoking signs, etc.) and brochures, Staff time Is limited to following up on complaints and responding to inquiries (this equates to approximately four hours per month). We attribute a lot of our success with the Ordinance to two crucial elements: creating a fair and equitable enforcement policy that relies on voluntary compliance form the community (copy attached) and working closely with our bars and restaurants prior to ordinance implementation to make sure they understand their role In the enforcement process. i urge you to contact Deb Hossli at (805)781-7151 if you need additional Information on the City's experience with implementing the Ordinance. In conclusion, the City Is very proud of Its Smoking Ordinance. We feel we have struck a fair balance between protecting public health and maintaining a vital hospitality industry. Good luck with your efforts. Sincerely, CITY OF SAN LUIS OBISPO RON DUNIN Mayor RD,DH:ss Attachments Af n,0r4WW,0_�(Of 0 4 10Wff Helping you breathe a little easier THE ECONOMIC IMPACT OF 100% SMOKEFREE RESTAURANT ORDINANCES There is no data from any city that has passed a 100%smokefree restaurant ordinance to support tobacco industry claims that such ordinances lead to a decrease in restaurant business. Sales tax data from cities with smokefree ordinances show that these ordinances have no negative economic impact on restaurants. •:• An analysis of sales"tax receipts from the California cities of San Luis Obispo, Lodi,Bellflower and Beverly , IIills found that 100%smokefree restaurant ordinances have had no effect on restaurant sales,either in absolute terms or in comparison with similar cities without a 100%ordinance. If anything, the presence of a smokefree restaurant ordinance slightly increased the share of total retail sales that went to restaurants. (Glantz and Smith, - "The Effect of Ordinances Requiring Smokefree Restaurants on Restaurant Sales in California"University of California San Francisco, Institute for Health Policy Studies, March, 1992) •:• Bellflower,CA: An independent tax revenue consultant analyzed City sales tax receipts for the first full quarter with the 100% smokefree restaurant ordinance in effect. Sales for dine-in restaurants increased slightly from $3,934,000 to$4,290,000 compared to the prior year. This slight increase matched the trends observed for other municipalities in the area. (Hinderliter, de Llamas and Associates, Glendora, CA, November 8, 1991) San Luis Obispo,CA: Restaurant and hotel sales tax receipts for the first two quarters of 1991 (after adoption of the ordinance)were higher by 7:6%when compared to sales tax receipts for this same category during the first two quarters of 1990(prior to adoption of the ordinance),contrary to Tobacco Institute claims of a 26%decrease in restaurant sales after the 100% ordinance went into effect. The local Chamber of Commerce has publicly confirmed that the ordinance"has not harmed most local businesses." A poll of San Luis Obispo residents,taken after the ordinance was implemented, found that 75%of residents supported the ordinance—including 37.5%of smokers. (San Luis Obispo City Council correspondence, January 29, 1992 and March 9, 1992) •:• Beverly IIills,CA: The tobacco industry convinced the City Council to weaken its 100%smokefrec restaurant ordinance on the basis of unsubstantiated claims that business dropped 30%because of the ordinance. A recent study by researchers at the University of California,San Francisco found that,contrary to industry claims, there was no drop in restaurant sales during the time the 100%ordinance was in effect. (Glantz and Smith, "The Effect of Ordinances Requiring Smokefree Restaurants on Restaurant Sales in California"University of California San Francisco, Institute for Health Policy Studies, March, 1992) •:• Aspen,CO: Monthly studies conducted by the Aspen Resort Association found that total retail sales, including restaurants, actually increased after the City's 100%smokefrec ordinance went into effect. A study conducted by the Aspen/Pitkin Environmental Health Department found broad support for the ordinance among restaurants and retailers,and"no negative effect inbusiness whatsoever." (Aspen Resort Association,'Business Update,"October 1986 through March 1987;Aspen/Pitkin Environmental Health Department, November 29, 1990) ❖ The California Cafe Restaurant Corporation, after implementing a nonsmoking policy in its 11 restaurants throughout California, receives written and verbal comments running at least 10 to 1 in favor of the policy. The •• President reports that the nonsmoking policy has had a positive effect ontheirbusiness. (Robert Freeman,President, California Cafe Corporation, correspondence, February 17, 1992) In 1987, of the 28 percent of Americans who smoked, 29 percent chose to sit in the nonsmoking section of a restaurant. (1987 Gallup survey for the National Restaurant Association) 3192 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (415) 841-3032 / FAX (415) 841-7702 MAR 3 0 A&I S OGR� ME INSTITUTE FOR HEALTH POLICY STUDIES-UNIVERSITY OF CALIFORNIA, SAN FRANCISCO i . The Effect of Ordinances Requiring Smoke Free Restaurants on Restaurant Sales in California Stanton A. Glantz, PhD Lisa R. A. Smith, BA March, 1992 Y The Effect of Ordinances Requiring Smoke Free Restaurants on Restaurant Sales in California Stanton A. Glantz, PhD Lisa R. A. Smith, SA Institute for Health Policy Studies School of Medicine University of California, San Francisco 1388 Sutter Street, 11 th Floor San Francisco, CA 94109 March, 1992 Supported by funds provided by the Cigarette and Tobacco Surtax Fund of the State of California through the Tobacco-Related Disease Research Program of the University of California (Award 1RT 520). Lisa Smith's address is Regional Tobacco Prevention Center, 909 12th Street, Suite 110, Sacramento, CA 95814. Address correspondence to Dr. Glantz at: Box 0124, University of California, San Francisco, CA 94143; phone (415) 476-3893. EXECUTIVE SUMMARY The potential effect of local ordinances requiring smoke free restaurants on restaurant revenues is an important consideration for restaurateurs themselves and cities which depend on sales tax revenues to provide city services. To assess the effects of such ordinances on restaurants, we obtained data from the California State Board of Equalization on taxable restaurant sales from January 1, 1986, through the June 30, 1991, for the communities of Bellflower, Beverly Hills, Lodi, and San Luis Obispo, where 100% smoke free restaurant ordinances were in force, as well as similar,,,. communities (Lakewood, Los Angeles, Woodland, and Atascadero) where no such ordinances were in effect. These data were analyzed using a multiple linear regression econometric model, including year (for the underlying time trend), quarter (for seasonal adjustment) and a variable to indicate whether or not an ordinance was in force at the time. We analyzed: • Total restaurant sales • Restaurant sales as a fraction of total retail sales • Restaurant sales in cities with smoke free restaurant ordinances versus a comparison city that had no such ordinance. This analysis showed: -- • The presence of a 100% smoke free restaurant ordinance had no significant effect on total restaurant sales in any community. • The presence of a 100% smoke free restaurant ordinance was associated with a small, but statistically significant, increase in the fraction of total retail sales that went to restaurants. (Restaurant sales increase from about 13% to about 14% of total retail sales when a smoke free restaurant ordinance was in force.) • The presence of a 100% smoke free restaurant ordinance had no significant effect on the ratio of restaurant sales in communities with such an ordinance compared with matched control communities which had no such restrictions. • The effects of a 100% smoke free ordinance were similar on all categories of restaurants, defined by the kind of alcoholic beverages (if any) were served. There is no evidence to support the common claim, first made in Beverly Hills, that smoke free restaurant ordinances reduce business by 30%. The overall conclusion from these data is that 100% smoke free restaurant ordinances do not adversely affect restaurant sales within a community or lead to a shift in patronage to restaurants in communities with no such ordinances. If anything, 100% smoke free restaurant ordinances make restaurants more competitive for retail sales dollars. 3 � INTRODUCTION As the evidence that environmental vvhat if 1.2,3,4.5 tobacco smoke endangers nonsmokers _ has accumulated, more and more -*�&ss--*cd law communities have restricted or eliminated . smoking in public places and work places. took away, Recently,several communities have enacted legislation mandating 100% smoke .free ��� restaurants. The health benefits of such of legislation is obvious: it protects the public 3u and,particularly,restaurant employees from 8 the toxic chemicals in second hand tobacco • smoke. Such legislation, however, is not in the interests of the tobacco industry because creation of smoke free restaurants hi(hspyrns 13'`�llr si1`X}.Q1M1tRxUR A tYTt]Ur" tKU tyO�flbitY fNY16Uh . is a highly visible statement that tobacco ��lat:ytxs.«�iwnrr+rN:�i.,in 1:"%MYZMtrfaugya�r '#*toW- 1lSfillr7�M;' Pt7KM MYMN Cuttortxr�9 YwT use is not longer socially acceptable.' This ,,"P" nt ;;; ;R„ M ''"" (u M•it.—W orTV.[i�+-hnve Write us AM n'd rend).tw declining social acceptability of tobacco peT*nctd mwh beru.Be*"a Wwra(40nc.Wraetb tl r►,ttra„t rm al,Inik�Aax+W►ti ttiftykC to kk rrtY Kroup.luwfbu�M revel W4 tons 1Vt11 helps smokers quit and discourages Hpih.n�a.aent�wrretxp"If3 rtY* c neut�t 9«tr+m,cun,.cm,. slat d tit 2 rtttOkW� 2.i WO"s W..+tiP. all Y-W non- Sftt't the resl ne.w.thn.41.In IN v+..k.ra alL.AaQ et tt hr tP Ytat IttNNt nonsmokers from starting,resulting in a loss _r;&J"pr2l;LI n.t20 Cq 01-Y—'VA"M%.Wi JkAT,.t of tt,r u.s pCou;i• "`. '�"� eta po•vmwatt t""p in sales and profits to the tobacco industry. ��n t YISa u As a result, the tobacco industry has invested considerable resources in opposing Figure 1. Advertisement run by the Tobacco local ordinances mandating smoke free Institute in restaurant industry trade journals restaurants, often working through claiming that smoke free restaurant ordinances organizations established or financed by the reduce business by 30% based on the experience tobacco industry such as the Beverly Hills in Beverly Hills. Restaurant Association, Restaurants for a Sensible Voluntary Policy on Smoking (RSVP), Californians for Fair Business Policy, or the California Business and Restaurant Alliance.' The industry uses these organizations to mobilize restaurants against proposed ordinances using the argument that requiring smoke free restaurants will be bad for business. This strategy achieved its first notable success in ` 1987, when the tobacco industry convinced the Beverly Hills City Council to repeal the first 100% smoke free restaurant ordinance in California on the basis of claims that business dropped 30% because of the ordinance.' This claim has been a continuing theme in the tobacco industry's campaign against smoke free restaurant ordinances (Figure 1). The tobacco industry has also been successful in convincing local restaurant associations to oppose smoke free restaurant ordinances on the basis of concerns over the effects on business.' There is now enough information available to conduct an objective econometric analysis of the effects of smoke free restaurant ordinances. In addition to Beverly Hills (which amended its ordinance to eliminate the 100% smoke free requirement), the 4 California cities of Bellflower, Lodi, and San Luis Obispo. have had such 100% smoke free restaurant ordinances in force long enough to assess their effects based on reported taxable sales data available from the California State Board of Equalization.' Analysis of total restaurant sales, individual categories of restaurant sales, restaurant sales as a fraction of " total retail sales; and restaurant sales in cities with 100% smoke free restaurant ordinances compared to similar cities which do not have ordinances show no negative effects on business. If anything, smoke free restaurants are slightly beneficial for business by increasing the fraction of total retail sales that go to restaurants. F77Table 1. Cities with Smoke Free Restaurant Ordinances City Smoke Free Restaurant Comparison City Ordinance in Effect Beverly Hills April 1987 to August 1987 Los Angeles Bellflower March 1991 on Lakewood Lodi November 1990 on Woodland San Luis Obispo August 1990 on Atascadero METHODS Data were obtained on taxable restaurant sales and total retail sales from quarterly reports available from the California State Board of Equalization' from the first quarter of 1986 through the second quarter of 1991 for the four communities which had smoke free restaurant ordinances in force during this period as well as similar communities which had no such ordinances in force (Table 1). Data were recorded for"Eating and Drinking Places" and "Total Retail Sales." In addition, the restaurant data were broken out by type of restaurant, "Eating Places, No Alcohol (Code 24)," "Eating Places, Beer and Wine (Code 35)", and 'Bating Places, All Types of Liquor (Code 36)." These data appear in the Appendix tables A-1 and A-2. In addition to analyzing the sales figures (S), we also computed the fraction (F) of total retail sales at restaurants by computing F = Restaurant sales Total retail sales If an ordinance adversely affects restaurants, this fraction should drop when the ordinance is in force. We also compared restaurant"sales in cities with ordinances to comparable cities without ordinances, by computing the ratio 5 C __ Restaurant sales in community with ordinance Restaurant sales in community without ordinance If an ordinance adversely affected sales, then this;ratio should drop. Both F and C should provide better measures of the effects of an ordinance than raw sales (S) because the comparisons automatically take quarter-to-quarter changes in economic conditions into account. These time series data were analyzed with a linear regression econometric model." The basic model is Y - PO + Fitt + P2Q2 + P3Q3 + P4Q4 + PLL where y is the dependent variable (S, F, or C), t is time (i.e., year) to represent the underlying secular trend, Q,, Q,, and Q, are dummy variables to represent seasonal variation with the first quarter being the reference condition, and L is a dummy variable that indicates whether or not a smoke free restaurant is in force. For example, for the first quarter of 1986 t=1986 and for the second quarter of 1986 t=1986.25. The estimate of the coefficient Q, quantifies the annual rate of increase (or decrease) in the dependent variable, y, each .» year. The dummy variable for the seasonal trend for the second quarter, Q, is defined as 1 if second quarter •• Q2 0 otherwise and Q, and Q, are defined analogously. The coefficient 62 quantifies how much the second quarter is above the underlying secular trend. The dummy variable L quantifies the presence of a smoke free restaurant ordinance according to 0 if no ordinance L = { 1/3 if ordinance in force for 1 month of quarter 2/3 if ordinance in force for 2 months of quarter 1 if ordinance in force for entire quarter The coefficient 6,,quantifies the magnitude of the effect of the ordinance on the dependent variable. For example, if an ordinance reduced restaurant sales by 30% (as was claimed for Beverly Hills), the estimate for QL with fraction of total retail sales that are from restaurants (F) would be -.300 and significantly different from zero. In addition to computing the parameter estimates,we computed the variance inflation factors for each variable to assess multicollinearity and the Durbin-Watson statistic to test for autocorrelation among the residuals. A large variance inflation factor would indicate that the parameter estimates are uncertain and could lead us to miss an effect. The variance inflation factors were always well below 2, indicating no problem. In a few cases, the 6 Durbin-Watson statistic was significant (smaller than dL=0.86 for n=22 data points, P=.05), indicating a significant autocorrelation among the residuals. When this situation exists, the parameter estimates can be unreliable. In the few cases in which this situation occurred, the regression model above was supplemented with a first order autoregressive model for the residuals" rk = �rk-i + Ek where rt is the residual for quarter k for the original regression model, 0 is a parameter to be estimated, and e, is an independent random error term. (We also investigated a second order autoregressive model for the residuals, but doing so did not significantly improve the quality of the fit.) In all cases, this supplement produced acceptable values of the Durbin- Watson statistic for the original problem; When this autoregressive model was used, it is indicated in the tables summarizing the results. r In addition to analyzing data for each city separately, we also pooled all the data on restaurant sales as a percentage of total retail sales for all eight cities (4 with ordinances 4 without no ordinance)for the entire 5 year period in a single analysis, including 7 additional dummy variables to allow for between-city differences in the mean values of the fraction of total retail sales going to restaurants. All data were fit with this model using Minitab Version 8.2. A change is considered statistically significant when P<.05. RESULTS Table 2 summarizes the results of the statistical analysis for total restaurant sales (S), total restaurant sales as a fraction of all retail sales (F), and total restaurant sales in cities with ordinances compared with the matched comparison cities (C). The first column in the table is the mean value observed from 1986 to the second quarter of 1991 to provide a comparison with the magnitude of the change associated with the ordinance. The second - column is the estimate of the effect of the smoke free restaurant ordinance, as quantified with the coefficient ML together with its standard error (an estimate of the precision of the estimate), the third column is the associated P value to test the hypothesis that PL is... significantly different from zero. The fourth and fifth columns are the multiple correlation coefficient associated with the entire regression model and the associated P value for the entire model. The last column is the Durbin-Watson statistic for the regression model (including the autoregressive component, when appropriate). 7 Beverly Hills (Smoke free ordinance in solid points) • $40 $30 y $20 � i TI claim E $10 $0 1986 1987 1988 1989 1990 1991 y Year Figure 2. The 100% smoke free restaurant ordinance in force in Beverly Hills did not reduce sales by 30%, as the tobacco industry claimed; it had no significant effect on revenues. Smoke free ordinances have no statistically significant effect on total restaurant sales or total restaurant sales in cities with ordinances compared to cities without ordinances. There is some evidence (P=.025) that restaurants took a greater share of total retail sales in Bellflower after the smoke free restaurant ordinance went in to force (with restaurants' share of total retail sales increasing by 2.6% from 12.8% to 15.6%). One ought not make -- too much of this result, however, because one statistically significant coefficient out of 13 is not far from what one would expect by chance if there was no true effect. Table 2 also provides strong evidence that the presence of a smoke free restaurant ordinance slightly but significantly (P<.001) increases the restaurants' share of total retail sales (by increasing by 1.2% from an,average of 12.7% to 13.9%). Figure 2 shows the sales data for Beverly Hills. Beverly Hills is a particularly important case because the ordinance was put into force, then the 100% smoke free requirement was repealed several years ago. This situation allows us to assess the effect of J putting the ordinance into force as well as removing it. The solid points in Figure 2 show quarters in which the ordinance was in effect. Had sales dropped by 30% as asserted by tobacco interests (Figure 1), the curve would have dropped by 30% (as indicated by the dashed lines in Figure 2). Figure 2 shows that no such drop in sales occurred. The ordinance had no significant effect on restaurant business (Table 2). 8 Table 2. Effect of Smoke Free Restaurant Ordinances on Total Restaurant Sales Effect of Ordinance Model City Mean Change, Q, P R2 P dt Total Sales, S (thousands of dollars) Bellflower 9,723 -1103 ± 811 .192 .736 .000 1.72 Beverly Hills' 25,671 2013 ± 1849 .294 .210 .568 1.11 Lodi 8,910 -166 ± 320 .612 .892 .000 1.17 San Luis Obispo 135650 -346 ± 763 .657 .792 .000 2.72 Fraction of Total Retail Sales, F (percent) Bellflower 13.0 2.1 ± 1.0 .046 .510 .030 1.85 Beverly Hills 12.6 -.03 ± 0.97 .974 .623 .005 1.39 Lodi 11.8 0.3 ± 0.6 .631 .499 .035 2.30 San Luis Obispo 12.8 1.3 i- 0.7 .082 .551 .016 2.55 All Combined 12.7 1.1 ± 0.4 .002 .782 .000 1.93 Ratio of Sales with Comparison City, C (percent) Bellflower 43.1 3.6 ± 4.9 .467 .128 .793 1.35 Beverly Hills 4.0 -.08 ± 0.30 .806 .271 .358 1.16 Lodi 150.0 7.9 ± 11.6 .506 .500 .034 1.71 San Luis Obispo 295.1 1.26 ± 27.1 .963 .128 .792 2.69 'Fit with autoregressive model of residuals. 'Durbin-Watson statistic. Figure 3 presents the data on total sales for the other three cities with smoke free. restaurant ordinances. As in Figure 2, the quarters in which.the ordinances were in effect are shown as solid points. The ordinances had no significant effect on restaurant business (Table 2). We also analyzed the effects of smoke free restaurant ordinances on the three different types of restaurants described in Methods (No Alcoholic Beverages, Beer and Wine, All Types of Liquor). The results data appear in Appendix Tqbles A-3 through A-6. 9 Restaurant Sales (Smoke free ordinance in solid points) $40 r $30 C C $20 .A'-O` $0 1986 1987 1988 1989 1990 1991 is Bev Hllls --0— SLO — L�— Lodi --�' Ball awer —ik— Bw Hltle Or —♦— SLO Ord —�— Lodl Ord —.--• Belll Ord Figure 3. Smoke free ordinances did not significantly affect total sales in any of the four communities studied. These results demonstrate a marginal positive effect of ordinances on Bellflower restaurants that serve beer and wine as a fraction of total retail sales, a marginal positive effect on Bellflower restaurants that serve liquor in comparison with similar restaurants in Lakewood, and a marginal negative effect on.total sales of Lodi restaurants that sell beer and wine total sales. Given the large number of statistical tests that were conducted, the lack of a consistent effect in different communities, and the small sizes of the effects, these results may be statistical artifacts. The overall conclusion from the data on different types of restaurants is that smoke free restaurant ordinances do not have different effects on different categories of restaurants. LIMITATIONS OF THIS STUDY There are three limitations of this study which should be kept in mind. First, most of the smoke free restaurant legislation has only been in force for a few quarters for which data were available, mostly at the end of the observation period. It would be more desirable to have had a longer series of observations. The fact that the Beverly Hills 100% smoke free restaurant ordinance was in force then repealed helps mitigate this problem, since we have a long period of observation both before and after the Beverly Hills ordinance was in force. Had the ordinance affected business,we would have seen changes from the long-term sales trend both when the ordinance went into force and when it was repealed. We observed no such changes (Figure 2). Moreover, the fact that we failed to detect a significant fall off in business in 1991 despite generally poor economic conditions adds 10 confidence to the general conclusion that smoke free restaurant ordinances are not bad for business. Second, Los Angeles is much larger and more diverse than Beverly Hills, so may not have been the best comparison community. We selected Los Angeles because of its proximity to Beverly Hills. Third, and less important, the State Board of Equalization considers bars and restaurants that serve all forms of alcohol in the same category (Code 36), and all ordinances except San Luis Obispo exempt bars. This situation will reduce the sensitivity of the detailed analysis in this one subgroup. The presence of bars in Code 36 should not, however, introduce significant errors in the analysis of the total data (in Table 2) because Code 36 (and bars within that category) make up a small fraction of total sales. CONCLUSIONS Based on data on restaurant sales obtained from the California State Board of Equalization, there is no evidence that 100% smoke free restaurant ordinances have any effect on restaurant sales, either in absolute terms or in comparison with similar cities that have no such health and safety requirements. If anything, the presence of a smoke free restaurant ordinance slightly increases the share of total retail sales that go to restaurants. 11 REFERENCES 1. Centers for Disease Control Office on Smoking and Health. The Health Consequences of Involuntary Smoking. Rockville, Md: U.S. Dept. of Health and Human Services, Public Health Service, Centers for Disease Control, Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 1986. 2. Committee on Passive Smoking. Environmental Tobacco Smoke. Washington, D.C.: National Academy Press; 1986. 3. Environmental Protection Agency. Health Effects of Passive Smoking. Assessment of Lung Cancer in Adults and Respiratory Disorders in Children. Washington, DC: Environmental Protection Agency; 1990. Publication EPA 600/6-90/006A. 4. Glantz SA, Parmley WW. Passive smoking and heart disease. Circulation 1991;83:1- 12. 5. Steenland K. Passive smoking and the risk of heart disease. JAMA 1992;267:94-99. 6. Roper Organization. Public Attitudes Toward Cigarette Smoking and the Tobacco Industry. Prepared for the Tobacco Institute; May 1978. 7. Samuels B, Glantz S. The politics of local tobacco control. JAMA 1991;266:2110- 2117. 8. Golden Gate Restaurant Association. Press Alert and Fact Sheet: San Francisco's Hospitality Industry Faces Smoking Ban. February 17, 1992. 9. California State Board of Equalization. Taxable Sales in California (Sales and Use Tax) Table 5 (quarterly reports). Y 10. W. Mendenhall, T. Sincich. A Second Course in Business Statistics: Regression w. Analysis. Chapter 9: Time Series Modelling and Forecasting. San Francisco: Dellen ' �• Publishing Company, 1989. 12 APPENDIX Table A-1. Restaurant and Total Retail Sales for Cities with Smoke Free Restaurant Ordinances and Comparison Cities. Table A-2. Restaurant Sales by Type of Restaurant for Cities with Smoke Free Restaurant Ordinances and Comparison Cities Table A-3. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in Bellflower Table A-4. Effect of Smoke Free Restaurant Ordinance on • Different Types of Restaurants in Beverly Hills Table A-5. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in Lodi Table A-6. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in San Luis Obispo 13 r-. 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Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in Bellflower Type of Effect of Ordinance Model Restaurant Mean Change, aL P R2 P dt Total Sales, S (thousands of dollars) No Alcohol 61313 -229 ± 1124 .841 .489 .040 2.40 Beer and Wine 1,604 118 ± 200 .563 .351 .185 1.85 Liquor 1,680 5 ± 266 .986 ,251 .411 1.52 Fraction of Total Retail Sales, F (percent) No Alcohol 8.3 1.9 ± 1.3 .163 386 .131 2.36 Beer and Wine 2.2 .7 ± .3 .030 .457 .060 1.41 Liquor 2.2 .6 :t .4 .105 .328 .226 1.59 Ratio of Sales with Comparison City, C (percent) No Alcohol 63.4 7.4 -+ 11.1 .514 .196 .578 2.58 Beer and Wine 61.6 1.2 ± 10.1 .226 .445 .069 1.74 Liquor 25.0 10.1 ± 4.0 .024 .461 .057 2.04 tDurbin-Watson statistic. 18 Table A-4. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in Beverly Hills Type of Effect of Ordinance Model Restaurant Mean Change, Q, P RZ P d' Total Sales, S (thousands of dollars) No Alcohol' 3,594 505 423 .251 .565 .018 1.38 Beer and Wine 4,593 403 ± 707 .576 .066 .945 2.41 Liquor 17,915 -543 ± 830 .522 .525 .024 1.28 Fraction of Total Retail Sales, F (percent) No Alcohol' 1.7 0.2 ± 0.2 .360 .613 .008 2.05 Beer and Wine 2.3 0.2 ± 0.4 .570 .404 .109 2.10 Liquor 8.8 -0.4 ± 0.5 .426 .841 .000 1.35 " Ratio of Sales with Comparison City, C (percent) ' No Alcohol' 1.2 0.2 ± 0.1 .272 .474 .062 1.43 Beer and Wine 3.5 0.3 ± 0.5 .576 .363 .165 2.33 Liquor 7.9 -0.3 ± 0.4 .497 .375 .147 2.01 'Fit with autoregressive model of residuals. 'Durbin-Watson statistic. 19 Table A-5. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in Lodi Type of Effect of Ordina Model Restaurant Mean Change, g, nce P R? P dt -• Total Sales, S (thousands of dollars) No Alcohol' 4,458 -105 ± 134 .446 .869 .000 1.58 Beer and Wine 2,638 -354 ± 142 .024 .793 .000 2.64 Liquor 1,814 101 ± 218 .648 .162 .688 1.05 Fraction of Total Retail Sales, F (percent) No Alcohol 5.9 0.4 ± 0.3 .267 .736 .000 1.53 Beer and ,Vine 3.5 -0.3 ± 0.3 .338 .254 .404 2.19 Liquor 2.4 0.2 ± 0.3 .359 .402 .112 1.43 Ratio of Sales with Comparison City, C (percent) No Alcohol 154.0 8.5 ± 16.7 .617 .280 .334 1.12 Beer and Wine 174.9 -6.4 ± 22.2 .778 .360 .169 .94 Liquor 124.5 22.0 ± 28.2 .447 .523 .025 1.32 E Fit with autoregressive model of residuals. rbin-Watson statistic. 20 Table A-6. Effect of Smoke Free Restaurant Ordinance on Different Types of Restaurants in San Luis Obispo Type of Effect of Ordinance Model Restaurant Mean Change, AL P RZ P dt Total Sales, S (thousands of dollars) No Alcohol 4,296 -338 862 .700 .250 .415 2.70 Beer and Wine' 5,010 -421 ± 223 .078 .753 .000 1.68 Liquor 4,137 -514 ± 518 .336 .529 .023 3.50 " Fraction of Total Retail Sales, F (percent) No Alcohol 4.1 0.4 ± 0.8 .634 .372 .151 2.56 Beer and Wine 4.7 -0.3 ± 0.3 .309 .687 .001 .91 Liquor 3.9 .02 ± .49 .975 .358 .173 3.54 Ratio of Sales with Comparison City, C (percent) No Alcohol 266.8 -21.2 ± 48.6 .668 .303 .280 2.37 Beer and Wine 307.6 -17.4 ± 26.1 .515 .174 .650 2.16 Liquor 999.3 -26.5 -+ 202.6 .897 .430 .082 1.76 'Fit with autoregressive model of residuals. tDurbin-Watson statistic. 21 s • SMOKING AND RESTAURANTS: A GUIDE FOR POLICY-MAKERS Michael Siegel, M.D., M.P.H. UC Berkeley/UCSF Preventive Medicine Residency Program American Heart Association, California Affiliate Alameda County Health Care Services Agency, Tobacco Control Program September, 1992 � T TABLE OF CONTENTS ExccutiveSummary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . 1 Chapter 1: Health Effects and Public Health Impact of Involuntary Smoking . . . . . . . . . . . . . . . . 3 Chapter 2: Environmental Tobacco Smoke Exposure in Restaurants . . . . . . . . . . ... . . . . . . . . . . 10 Chapter 3: Health Effects of Environmental Tobacco Smoke Exposure in Restaurants . . . . . . . . . 15 Chapter 4: Smoking in Restaurants: The Legal Situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Chapter 5: Economic Impact of 100% Smoke-Free Restaurant Ordinances . . . . . . . . . . . . . . . . . 26 Chapter 6: Analysis of Possible Regulatory Approaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Chapter 7: Cities that have Adopted 100% Smoke-Free Restaurant Ordinances . . . . . . . . . . . . . 36 Chapter 8: Arguments Against 100% Smoke-Free Restaurant Ordinances . . . . . . . . . . . . . . . . . . 37 Chapter 9: Summary Fact Sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 EXECUTIVE SUMMARY I. HEALTH EFFECTS AND PUBLIC HEALTH IMPACT OF INVOLUNTARY SMOKING ■ Livoluntary smoking causes: ♦ Increased frequency of cough and wheezing in children; ♦ Increased rates of pneumonia, bronchitis and other respiratory illnesses in children; ♦ Reduced lung function and lung growth in children; ♦ Increased rates of chronic ear infections in children; ♦ Increased risk of heart disease in adults; ♦ Increased risk of lung cancer in adults; ♦ Increased risk of other cancers in adults; ♦ Exacerbation of symptoms in adults with chronic obstructive lung disease; ♦ Exacerbation of symptoms in persons with asthma; and, ♦ Exacerbation of symptoms in adults with heart disease. • Environmental tobacco smoke is a class A carcinogen - a substance known to cause cancer in humans for which there is no safe level of exposure. • The best estimate of involuntary smoking-related mortality in the United States is 53,000 deaths per year: 37,000 from heart disease, 3,700 from lung cancer, and 12,000 from other cancers. • Involuntary smoking is the third leading cause of preventable death, behind only active smoking and alcohol. • The cancer mortality from involuntary smoking alone exceeds the combined mortality from all regulated environmental carcinogens.While involuntary smoking is the number one cause of environmental cancer, it is essentially unregulated. i H. ENVIRONMENTAL TOBACCO SMOKE EXPOSURE IN RESTAURANTS • Restaurant environmental tobacco smoke (ETS) exposure is about 3-5 times higher than typical workplace exposure. • Restaurant employees' ETS exposure is about 8-20 times higher than domestic exposure. • The most heavily exposed restaurant workers inhale the benzo(a)pyrene equivalent of actively smoking 11h to 2 packs of cigarettes per day. .■ Restaurant air causes gene mutations at a rate 10-100 times higher than previously measured urban outdoor and indoor air. • The mutagenic potency of restaurant air is 5-10 times that of "high-risk" industrial workplace air. • Heavily exposed restaurant workers have levels of carcinogens in their blood 2-3 times higher than persons with typical ETS exposure, and have higher levels of mutagenicity in their urine. • Restaurant employees are therefore the , occupational group most heavily exposed to ETS and most likely to suffer adverse health effects due to ETS exposure. III. HEALTH EFFECTS OF ETS EXPOSURE IN RESTAURANTS • In California, waitresses have the highest mortality of any female occupational group. Compared to all other women, they have almost 4 times the expected lung cancer mortality and 21h times the expected heart disease mortality rate. • Preliminary evidence suggests that waiters and waitresses have about a 50- 90% increased risk of lung cancer that is most likely attributable to restaurant tobacco smoke exposure. Thus, exposure to ETS at work makes restaurant workers 11h to 2 times as likely to die from lung cancer as they would otherwise be. • Although not yet studied, the morbidity and mortality of restaurant workers from heart disease attributable to restaurant ETS exposure is expected to be even more significant than for lung cancer. ' ii IV. SMOKING IN RESTAURANTS: THE LEGAL SITUATION • Restaurant employers are required, under common law, to provide a smoke-free work environment for employees. In addition, under Federal and state law, they must protect employees who are especially sensitive to smoke by providing a smoke-free work environment. When they fail to do so, employees have three potential remedies: 1. To collect workers' compensation benefits for ETS-induced injury; 2. To file suit against the employer for damages due to failure to protect from the hazards of ETS, if the injury is ruled not to be within the scope of workers' compensation; and, 3. To terminate employment for fear of health damage from ETS, and collect unemployment compensation benefits. • Claims in each of these three areas have been made by employees affected by ETS at work, upheld by the courts, and have resulted in numerous large awards or settlements. Employer liability for ETS-induced worker injury will become an increasingly important issue for employers. Potential liability can be eliminated by legislative action to protect nonsmoking employees from the hazards of ETS. V. ECONOMIC IMPACT OF 100% SMOKE-FREE RESTAURANT ORDINANCES • Based on the best available evidence, 100% smoke-free ordinances have no significant impact on restaurant sales. • Studies that found a decrease in restaurant sales in Beverly Hills and Bellflower had serious methodologic flaws, and are invalid. • The use of anecdotal evidence and restaurant surveys is inherently biased and inappropriate in analyzing the economic impact of smoke-free ordinances; it does not provide information useful in evaluating this issue. • Public policy-makers have been misled about the economic impact of restaurant smoking ordinances, by studies based on invalid evaluation approaches. Before being considered seriously, evidence should be evaluated on criteria which include the use of actual sales tax data, inclusion of all data points before and after implementation of an ordinance, the use of regression or other statistical methods to control for trend and fluctuation in the data, and appropriate control for overall economic trend.This will help ensure that public policy is based not on assumptions and inappropriate or invalid data, but on the best available data. iii t ' F VI. ANALYSIS OF POSSIBLE REGULATORY APPROACHES ■ A legislated 100% smoke-free restaurant policy is the only effective way to protect restaurant employees and patrons from the hazards of second-hand smoke: ♦ A voluntary restaurant approach is ineffective because most restaurant owners will not voluntarily prohibit smoking. Even if most do,many employees will not be adequately protected. Restaurant workers cannot easily choose to work only at smoke-free restaurants. ♦ Nonsmoking sections are not effective in protecting patrons or employees from exposure to ETS. Peak concentrations of tobacco constituents are only modestly decreased in remote locations and actually increased in locations closest to the smoking area. Average concentrations are exactly the same, as are the adverse health effects for employees. ■ Many city councils have required nonsmoking sections in an effort to protect the public health. Unfortunately, the scientific evidence suggests that increasing the size of nonsmoking sections will not increase protection for nonsmokers. Enlarging nonsmoking sections will not significantly reduce restaurant patrons' exposure to ETS, and will not reduce employees' ETS exposure at all. • ■ Local governments that truly wish to protect restaurant employees and the public from the hazards of restaurant ETS exposure have no effective approach available, other than to legislate a 100% smoke-free policy. VII. CITIES THAT HAVE ADOPTED 100% SMOKE-FREE RESTAURANT ORDINANCES ■ At least 24 U.S. cities have already adopted 100% smoke-free restaurant ordinances. VIII. ARGUMENTS AGAINST 100% SMOKE-FREE RESTAURANT ORDINANCES ■ The major arguments used by the tobacco industry and other groups against 100% smoke-free ordinances are flawed. The benefits of protecting restaurant patrons and employees from the health hazards of involuntary smoking by eliminating exposure to ETS in restaurants far outweigh any possible costs. iv INTRODUCTION "If AIDS was killing 350,000 Americans a year, efforts to control the plague would be at crisis level. If 350,000 Americans were dying every year in a pointless war, angry protesters would be picketing the Pentagon and barricading the Capitol. If any other product were causing as much indoor air pollution, environmental agencies would be insisting on tighter regulations and expensive corrections... Why aren't the same standards applied to cigarettes, which are the single biggest source of preventable illness and premature death today?" ' Smoking is the largest preventable cause of death in America today. It is related to 430,000 deaths each year: 112,000 from lung cancer, 31,000 from other cancers, 201,000 from cardiovascular disease, and 83,000 from chronic pulmonary disease.' Smoking is not only a deadly addiction, but a costly one. Disease and lost productivity due to smoking are costing the United States $65 billion a year? In California, smoking results in more than 42,000 deaths and a total cost to the state of over $7.1 billion per year.` Perhaps as disturbing as the effects of active smoking is the health impact of involuntary smoking. The deaths of 53,000 people a years simply from breathing other people's tobacco smoke is truly a tragedy. Moved by the consequences of involuntary smoking, many local governments have passed laws to protect nonsmokers from the health hazards of involuntary smoking in public places, workplaces, and restaurants." Recently, two large cities (Sacramento and Oakland) passed stringent ordinances which prohibit smoking in public places, workplaces, and restaurants. In considering restaurant smoking ordinances,policy-makers need to be well-informed about a number of medical, scientific, economic, and legal issues in order to make rational policy decisions. Presently, such information is not available in any organized 1 fashion. The purpose of this report is to provide the background information necessary for legislators to formulate rational public policy in response to the public health problem of involuntary smoking in restaurants. It attempts to compile, organize and synthesize the key information and concepts that should guide the formulation of restaurant smoking policy by legislators. The report begins by reviewing the health effects and evaluating the public health impact of involuntary smoking in general (Chapter 1). It then focuses on restaurants specifically, evaluating the degree of exposure to environmental tobacco smoke (ETS) in restaurants (Chapter 2) and the health effects of ETS exposure in restaurants (Chapter 3). Next, it examines the legal aspects of smoking in restaurants (Chapter 4). It proceeds by evaluating the economic impact of 100% smoke-free restaurant ordinances (Chapter 5). Then, it presents and evaluates the approaches available to protect the nonsmoker from restaurant ETS exposure (Chapter 6). It lists the cities that have adopted 100% smoke-free restaurant ordinances (Chapter 7). Finally,it analyzes the major policy issues which must be considered in the formulation of public policy to deal with the problem of involuntary smoking in restaurants, focusing on arguments against smoke-free ordinances (Chapter 8). Fact sheets that summarize the findings of each chapter are included (Chapter 9). They may be reproduced and used to educate policy-makers so that this report may become a part of the actual formulation of public policy on smoking in restaurants. 2 I. HEALTH EFFECTS OF INVOLUNTARY SMOKING The health effects of involuntary smoking have been reviewed extensively in the epidemiologic literature, and by the Surgeon General', National Research Council' and Environmental Protection Agency 3 In the most recent review,' environmental tobacco smoke (ETS) was declared a class A carcinogen (a substance known to cause cancer in humans for which there is no safe level of exposure). Table 1 summarizes the health effects of involuntary smoking in children, pregnant women, healthy adults, and adults with chronic heart or lung disease. TABLE 1: Summary of Health Effects of Involuntary Smoking GROUP EFFECTS CHILDREN 1. Increased frequency of cough and wheezing. 2. Increased incidence of bronchitis, pneumonia and other respiratory illnesses. 3. Increased rate of chronic ear infections. 4. Increased rate of middle ear effusions. 5. Small decreases in lung function (forced expiratory volume) and reduction in lung growth which may be factors in the development of chronic obstructive lung disease later in life. PREGNANT 1. Increased risk of low birth weight babies. WOMEN HEALTHY 1. Small decreases in lung function (forced expiratory flow ADULTS rates). 2. Increased risk of heart disease (angina and myocardial infarction) and death from heart disease. 3. Increased risk of lung cancer. 4. Increased risk of other cancers. ADULTS WITH 1. Exacerbation of symptoms of chronic obstructive lung CHRONIC LUNG disease. OR HEART 2. Exacerbation of symptoms of asthma. DISEASE 3. Exacerbation of symptoms of heart disease (angina). 4 II. INVOLUNTARY SMOKING-RELATED MORTALITY There have been several attempts to estimate the annual number of deaths in the U.S. attributable to involuntary smoking"'These risk assessments are remarkably consistent. The best estimate of involuntary smoking-related mortality`,' is that 53,000 nonsmokers die each year from exposure to other people's smoke: 37,000 from heart disease, 3,700 from lung cancer, and 12,000 from other cancers (Table 2). TABLE 2: ANNUAL U.S. DEATHS FROM INVOLUNTARY SMOKING' Heart Disease: 37,000 Lung Cancer: 3,700 Other Cancers: 12,000 TOTAL: 53,000 ANNUAL DEATHS FROM PASSIVE SMOKING Heart Disease 37,000 a o0o Lung Cancer Other Cancers (22.6%) 53,000 Deaths Per Year 5 III. COMPARISON OF INVOLUNTARY SMOKING TO OTHER CAUSES OF DEATH 1. Comparison to Other Preventable Causes of Death: Involuntary smoking is the third leading cause of preventable death, behind only active smoking, and alcohol' (Table 3). It causes more deaths than motor vehicle accidents10, AIDS", homicide" or drugs". TABLE 3: TOP THREE CAUSES OF PREVENTABLE DEATH, U.S. Cause Annual Deaths Smoking 430,000, Alcohol 98,000' Involuntary Smoking 53,0004 PREVENTABLE CAUSES OF DEATH 30.00 100,000 d 300'000 } a r 200,000 CD 0 98 000 100,000 53,000 46 000 31 000 23 000 9 000 0 Smoking Aleohol PASSIVE Motor AIDS Homicides Drugs SMOKING Aocldents 6 2. Comparison to Regulated Environmental Hazards The cancer mortality alone from involuntary smoking is higher than the total cancer mortality from all of the following environmental risks (regulated by EPA or other government agencies) combined: ► All regulated outdoor air pollutants: • radionuclides • asbestos • arsenic • benzene • coke oven emissions • vinyl chloride ► Radiation ► Pesticides on food ► Active hazardous waste sites ► Inactive hazardous waste sites ► Chemicals in drinking water ► All workplace chemicals ► All consumer products (including asbestos) ► Pesticide application ► Contaminated sludge ► Mining wastes Thus, involuntary smoking is the number one cause of environmental cancer,but is the only exposure listed that is essentially unregulated (Table 4). 7 TABLE 4: INVOLUNTARY SMOKING VS. REGULATED ENVIRONMENTAL HAZARDS HAZARD REGULATED DEATHS' INVOLUNTARY SMOKING NO 15,700 Outdoor air pollutants Yes 87 Radionuclides 17 Asbestos 15 Arsenic <5 Benzene <8 Coke oven emissions <15 Vinyl chloride <27 Radiation Yes 406 Pesticides on food Yes 3000 Active hazardous waste sites Yes <50 Inactive hazardous waste sites Yes 500 Chemicals in drinking water Yes 591 All workplace chemicals Yes 127 All consumer products Yes 63 Pesticide application Yes 50 Contaminated sludge Yes 20 ng wastes Yes 10 TOTAL (excluding involuntary smoking) 4904 'Estimated annual cancer deaths. Data from reference 13,except outdoor air pollutant risks, which are from reference 5. 8 CONCLUSION 1. Involuntary smoking causes: ♦ Increased frequency of cough and wheezing in children; ♦ Increased rates of pneumonia, bronchitis and other respiratory illnesses in children; ♦ Reduced lung function and lung growth in children; ♦ Increased rates of chronic ear infections in children; ♦ Increased risk of heart disease in adults; ♦ Increased risk of lung cancer in adults; ♦ Increased risk of other cancers in adults; ♦ Exacerbation of symptoms in adults with chronic obstructive lung disease; ♦ Exacerbation of symptoms in persons with asthma; and, ♦ Exacerbation of symptoms in adults with heart disease. 2. Environmental tobacco smoke is a class A carcinogen - a substance known to cause cancer in humans for which there is no safe level of exposure. 3. The best estimate of involuntary smoking-related mortality in the United States is 53,000 deaths per year: 37,000 from heart disease, 3,700 from lung cancer, and 12,000 from other cancers. 4. Involuntary smoking is the third leading cause of preventable death, behind only active smoking and alcohol. 5. The cancer mortality from involuntary smoking alone exceeds the combined mortality from all regulated environmental carcinogens.While involuntary smoking is the number one cause of environmental cancer, it is essentially unregulated. 9 CHAPTER 2 ENVIRONMENTAL TOBACCO SMOKE EXPOSURE IN RESTAURANTS It is clear that involuntary smoking is a major public health problem (Chapter 1). But there are multiple sources of exposure to environmental tobacco smoke (ETS): domestic, workplace, restaurant, etc. How important is restaurant ETS exposure compared to domestic or typical workplace exposure? Are the actual health effects resulting from restaurant exposure significant enough to justify legislative action to eliminate such exposure? This chapter will attempt to put the problem of involuntary smoking in restaurants in proper perspective, by comparing restaurants to other sources of secondhand smoke. There are two issues to consider: (1) EXPOSURE - Does smoking in restaurants result in significant exposure to tobacco smoke for restaurant employees? How does this exposure compare to domestic and typical workplace exposure? (2) EFFECTS - Does smoking in restaurants result in a significant increase in disease or death for restaurant employees? The exposure question will be evaluated in this chapter. The effects of restaurant exposure will be reviewed in Chapter 3. EXPOSURE TO ETS IN RESTAURANTS Restaurant ETS exposure has been measured in a variety of ways, ranging from ambient air sampling to biological measurements in exposed individuals. A. MEASUREMENTS OF ETS CONSTITUENTS IN RESTAURANT AIR The most extensive review of the literature was provided by Sterling et al.; who summarize the results of numerous restaurant and workplace measurements. Their data can be used to compare restaurant and typical workplace exposure to a number of ETS constituents. The results are summarized in Table 5 and described below: 1. Carbon monoxide (CO): In the 36 offices studied, typical workplace concentrations ranged from 1-3 parts per million (ppm). In the 76 restaurants studied, the mean CO concentration was about 7 ppm,with a range of 2.6-9.9. Compared to typical workplaces, then, restaurants appear to have about 31h times the concentration of CO. 10 2. Nicotine: The nicotine concentration in 44 offices studied was 0.9 Ng/m3. In the one restaurant studied, the concentration was 5.2 (5 times higher). 3. Nitrogen Oxides: The concentrations of both NO2 and NO were about 3 times higher in the two restaurants studied compared to 44 offices. 4. Nitrosamines: No restaurants have been studied, but the concentration of N- nitrosodimethylamine was about 3 times higher in a bar than in a variety of smoke- contaminated workplaces. 5. Particulates: The restaurants studied had particulate concentrations comparable to those in 44 offices. These concentrations were about 3 times higher than in a home with a smoker. 6. Aromatic hydrocarbons: Benzo(a)pyrene levels have been measured in several restaurants, with concentrations ranging from 2.2 to 144 ng/m3. Unfortunately, there is no typical workplace data to compare. However, two attempts have been made to estimate restaurant employee exposure to benzo(a)pyrene in terms of active smoking equivalents. Based on measurements in two smoke-filled taverns,Cuddeback'estimated that benzo(a)pyrene exposure over an eight-hour work shift would be equivalent to that obtained by smoking 12 and 36 cigarettes. Bridbord et al.' estimated that a nonsmoking restaurant employee exposed to smoking and cooking fumes inhales the equivalent benzo(a)pyrene intake of two packs of cigarettes per day. This was based on measurements for the restaurant with the highest benzo(a)pyrene concentrations in Table 5. Since the Sterling et al. review in 1982,' several other measurements of ETS in restaurant air have been made. These measurements are comparable to the data in Table 3. Sterling et al.' reported mean CO concentrations of 3.9 ppm in the smoking area of a cafeteria, and 2.6 in the nonsmoking area. Nicotine concentrations were 14 and 6.2 pg/m3. Vaughan and Hammond' reported mean nicotine concentrations of 2.4 to 11.6 pg/m3 in the nonsmoking areas of a cafeteria, and 10.2 to 13.2 in a snack bar. Based on measurements of ETS constituents in restaurant air, exposure to ETS in a typical restaurant is roughly 3-5 times higher than in a typical workplace. This is in agreement with an estimate, based on the Environmental Protection Agency's calculations of health risk, that the concentration of tobacco smoke in restaurants is 2-5 times that of a typical workplace.'Since typical workplace exposure dominates domestic exposure (living with a smoker) by a factor of about 4 to 1,' restaurant exposure is about 8-20 times higher than domestic ETS exposure. Perhaps of even more concern, the most heavily exposed restaurant employees inhale the benzo(a)pyrene equivalent of actively smoking 11h to 2 packs of cigarettes per day. 11 TABLE 5: RESTAURANT VS. TYPICAL WORKPLACE EXPOSURE TO ETS' RESTAURANT TYPICAL WORKPLACE CONSTITUENT CONCENTRATION CONCENTRATION RATIO2 Carbon monoxide 4.0 (15 restaurants) 2.5 (10 offices) 3.5:1 (ppm) 5.1 0 restaurant) 1.0 0 office) 2.5 (1 restaurant) 2.8 (25 offices) 9.9 (14 restaurants) 8.2 (45 restaurants) Nicotine 5.2 0 restaurant) 0.9 (44 offices) 5:1 (Ug/m3) Nitrogen oxides 76 0 restaurant) 24 (44 offices) 3:1 NO2 (ppb) 63 0 restaurant) Nitrogen oxides 120 0 restaurant) 32 (44 offices) 3:1 NO (ppb) 80 0 restaurant) Nitrosamines 0.24 (bar) 0.05 (betting parlor) 3:1 (ng/L) 0.09 (disco) 0.09 (sports hall) Particulates .110 (1 restaurant) .13 (44 offices) 1:1 (mg/m3) .109 (1 restaurant) .035 (home with 1 .086 0 restaurant) smoker) .107 0 restaurant) Benzo(a)pyrene 6.2 0 restaurant) (ng/m3) 28.2-144 0 restaurant) 13.3 (reference 2) 2.2 (reference 2) 'Data from reference 1 'Ratio of restaurant to workplace concentration 12 B. GENOTOXICITY OF ETS SAMPLES FROM RESTAURANTS Two studies have evaluated restaurant ETS exposure by testing restaurant air samples for their ability to induce mutations and chromosomal aberrations in bacteria and cell cultures: a. Husgafvel-Pursiainen et al.' found that air samples from the three restaurants studied caused significant increases in both mutation and chromosomal aberration rates. The genotoxicity of restaurant air was found to exceed by 1_2 orders of magnitude that of previously measured urban outdoor and indoor air samples. b. Teschke et al." compared the mutagenicity of restaurant air to that of previously studied workplace air. In restaurant dining areas, potencies of 422 and 828 revertants/m3 were found. This compares to frequencies of up to 79 in polyurethane manufacturing plants and up to 101 in foundry samples. C. BIOLOGICAL MEASUREMENTS IN EXPOSED RESTAURANT WORKERS Two studies have evaluated restaurant ETS exposure by measuring tobacco smoke parameters in body fluid samples of restaurant employees: a. Husgafvel-Pursiainen et al.10 found elevated levels of plasma and urine cotinine as well as plasma thiocyanate (indicators of exposure to ETS) in nonsmoking waiters and waitresses. There was also an increase in the urine mutagenicity of these employees,which was intermediate between that of non-exposed and actively smoking workers. b. Maclure et al." found elevated levels of 3-aminobiphenyl, a carcinogenic hemoglobin adduct, in smoke-exposed bartenders. Their levels of this carcinogen were about 2-3 times higher than in subjects with typical environmental tobacco smoke exposure. i 'Genotoxicity is the ability of a chemical to cause changes in the structure of DNA or chromosomes. Mutagenicity is the ability of a chemical to cause changes in the coding sequence of DNA. P 13 f CONCLUSION 1. Restaurant employees' ETS exposure is about 3-5 times higher than that of employees in a typical workplace. 2. Restaurant employees' ETS exposure is about 8-20 times higher than individual domestic exposure. 3. The most heavily exposed restaurant workers inhale the benzo(a)pyrene equivalent of actively smoking 11/i to 2 packs of cigarettes per day. 4. The genotoxicity of restaurant air is 10-100 times that of previously measured urban outdoor and indoor air. 5. The mutagenic potency of restaurant air is 5-10 times that of "high-risk" industrial workplace air. 6. Heavily exposed restaurant workers have levels of carcinogens in their blood 2-3 times higher than persons with typical ETS exposure, and have higher levels of mutagenicity in their urine. 7. Restaurant employees are therefore the occupational group most heavily exposed to ETS and most likely to suffer adverse health effects due to ETS exposure. 14 CHAPTER 3 HEALTH EFFECTS OF ETS EXPOSURE IN RESTAURANTS Restaurant employee exposure to environmental tobacco smoke (ETS) appears to be 3-5 times higher than typical workplace exposure and 8-20 times higher than domestic exposure (chapter 2). Given the significantly increased risk of heart disease and lung cancer attributable to domestic ETS exposure (chapter 1), one would expect to find increased rates of involuntary smoking-related disease and death in restaurant employees. Is this the case? Is involuntary smoking in restaurants actually causing a significant amount of disease and death in restaurant workers? To evaluate this question, the epidemiologic literature was reviewed. Many studies have found a significantly elevated risk of lung cancer in food service workers. The results are summarized in Table 6, and described below: a. Doebbert et al.' studied the occupational mortality of California women from 1979 to 1981. Among white women, waitresses had the highest mortality rates, with an overall 147% excess risk of death. Heart disease mortality was 156% higher than expected, and lung cancer mortality was 268% higher. b. Andersen et al.' found a 53% excess lung cancer risk in waiters in Norway. c. Menck and Henderson' reported a 71% excess lung cancer risk in white males working in the food and drink industry. d. Dimich-Ward et al.' studied bartenders and waiters in British Columbia. They found an excess lung cancer risk of 33% for males and 65% for females. e. Lynge' found an excess lung cancer risk of 132% in Danish waiters. f. Williams et al.' studied occupational mortality using data from the Third National Cancer Survey. For women, excess lung cancer risk was 67% for the food and drink retail industry, and 88% for food service workers. The results were controlled for age, race, education, tobacco, and alcohol use. g. Zahm et al.' conducted a case-control study using the Missouri Cancer Registry. The excess risk of lung cancer among male food service personnel was 80%, controlled for active smoking. 15 i i r TABLE 6: STUDIES OF LUNG CANCER RISK IN FOOD SERVICE WORKERS STUDY EXCESS LUNG (ref. no.) SUBTECTS CONTROLLED?' CANCER RISK FEMALES 1 California No 268% waitresses 4 British Columbia No 65% bartenders/waiters 6 U.S. food service Yes 88% workers MALES 2 Norwegian waiters No 53% 3 Los Angeles food and No 71% drink industry workers 4 British Columbia No 33% bartenders/waiters 5 Danish waiters No 132% 7 Missouri food Yes 80% service workers 'Are results controlled for active smoking? 16 There are several possible confounding variables that could explain an elevated lung cancer risk in food service workers.These include active smoking, socio-economic status, stress, and social support.' Of these, active smoking is the most important. There are four reasons to believe that smoking does not fully explain the increased risk of lung cancer in food service workers: 1. Smoking rates among U.S. waiters are comparable to those for the general population. The 1970 Health Interview Survey' found a current smoking rate of 45% in waiters versus 43% in the male population. Thus, confounding by active smoking is unlikely to explain the increased risk estimates for waiters, at least in the U.S. studies. The smoking rate for waitresses (50%) was significantly higher than for the female population (31%), so active smoking is an important confounder for the results in women. 2. Levin et al.' designed a study specifically to determine the excess occupational lung cancer risk in U.S. waitresses that could be explained by active smoking. They found that failure to control for active smoking could result in the detection of a 50% excess lung cancer risk. Thus, although smoking is an important confounder, it is unlikely to explain all of the excess risk of lung cancer in U.S. waitresses. 3. Using data from the National Health Interview survey, the risk estimates in the California Occupational Mortality study were adjusted for smoking, alcohol, and socio- economic status.10 While the excess lung cancer risk for waitresses decreased considerably after adjustment, it remained significant at 48%. 4. The two studies that did control for active smoking found an 80-90% excess risk of lung cancer in both waiters and waitresses.6,7 This is consistent with the finding of a 71% excess lung cancer risk in Los Angeles waiters, which should not be confounded by smoking for the reason outlined above. The Williams study' also controlled for education, so much of the potential significant confounding was probably removed. Although additional studies are needed to more accurately quantify the excess lung cancer risk, the preliminary evidence suggests that waiters and waitresses have about a 50-90% excess lung cancer risk, controlling for significant confounding variables. While part of this excess risk could be due to cooking fumes, it is likely that most of the excess risk is attributable to ETS exposure. It appears, then, that waiters and waitresses have 11h to 2 times the risk of dying from lung cancer compared to the general population, due in part to restaurant ETS exposure. This is quite plausible, given the extremely high exposure to ETS in restaurants and the known health risks of ETS at considerably lower levels of exposure. F §� 17 t ti `i CONCLUSION I. In California, waitresses have the highest mortality of any female occupational group. They have almost 4 times the expected lung cancer mortality and 21A times the expected heart disease mortality rate. 2. The preliminary evidence suggests that waiters and waitresses have about a 50-90% increased risk of lung cancer that is most likely attributable to restaurant tobacco smoke exposure. Thus, exposure to ETS at work makes restaurant workers Ph to 2 times as likely to die from lung cancer as they would otherwise be. 3. Although not yet studied, the morbidity and mortality of restaurant workers from heart disease attributable to restaurant ETS exposure is expected to be even more significant than for lung cancer. (Heart disease causes ten times the number of deaths from lung cancer in involuntary smokers.) 18 CHAPTER 4 SMOKING IN RESTAURANTS: THE LEGAL SITUATION Given the magnitude of environmental tobacco smoke's health effects (Chapter 1),and the fact that restaurant employees have the highest workplace exposure (Chapter 2), is there a legal argument for regulating smoking in restaurants? Does the restaurant employee have a right to a smoke-free work environment? This chapter will examine two questions: (1) Are restaurant employers obligated to protect their employees from the health hazards of ETS? (2) Are restaurant employers liable for damages to workers if they fail to protect them from ETS? I. Are restaurant employers obligated to protect their employees from the health hazards of ETS? A. COMMON LAW DUTY TO PROVIDE A SMOKE-FREE WORK ENVIRONMENT Under the common law', employers are required to provide a work environment reasonably free of recognized hazards. The employer must use reasonable care in providing his employees with a safe working environment, protecting them from avoidable hazards. Based on evidence of the health effects of involuntary smoking, courts have ruled that this common law duty requires employers to provide nonsmoking employees with an environment free from tobacco smoke. Through several court opinions, the definition of tobacco smoke as an avoidable occupational hazard, and the right of the nonsmoking worker to be protected from this hazard, have been accepted: Shimp v. New Jersey Bell Company:' A secretary working for the telephone company who was allergic to cigarette smoke sought an injunction requiring a smoking ban. The court ordered the employer to provide a safe working environment for the plaintiff by restricting smoking to a non-work area. The decision was based on four major principles: 'Common law is the body of law that is based on court decisions rather than on government legislation and regulations. 19 1. "It is clearly the law in this State that an employee has a right to work in a safe environment. An employer is under an affirmative duty to provide a work area that is free from unsafe conditions." 2. '"There is no necessity to fill the air with tobacco smoke in order to carry on defendant's business, so it cannot be regarded as an occupational hazard which plaintiff has voluntarily assumed in pursuing her career as a secretary." 3. "When an employer is under a common law duty to act, a court of equity may enforce an employee's rights by ordering the employer to eliminate any preventable hazardous condition which the court finds to exist." 4. "There can be no doubt that the by-products of burning tobacco are toxic and dangerous to the health of smokers and nonsmokers generally and this plaintiff in particular." Smith v. Western Electric Company:'The employee sought an injunction requiring the employer to provide him with smoke-free working conditions. The Missouri Court of Appeals overturned a trial court's dismissal of the plaintiff's action. The court concluded that "by failing to exercise its control and assume its responsibility to eliminate the hazardous conditions caused by tobacco smoke,defendant has breached and is breaching its duty to provide a reasonably safe workplace."The decision was based on three major principles: 1. "It is well-settled in Missouri that an employer owes a duty to the employee to use all reasonable care to provide a reasonably safe workplace, and to protect the employee from avoidable perils." 2. "The allegations of the instant case, taken as true, show that the tobacco smoke of co-worker smoking in the work area is hazardous to the health of employees in general and plaintiff in particular." 3. "The allegations also show that defendant knows the tobacco smoke is harmful to plaintiff's health and that defendant has the authority, ability, and reasonable means to control smoking in areas requiring a smoke-free environment." Lee v. Department of Public Welfare:3 A social worker sued her employer, seeking an injunction to relieve her from exposure to tobacco smoke at work. An attempt by the employer to dismiss the case was denied by the Massachusetts Superior Court: "An employer has no duty to make the workplace safe if, and only if, the risks at issue are inherent in the work to be done. Otherwise, the employer is required to take steps to prevent injury that are reasonable and appropriate under the circumstances...Accordingly, this court cannot say that the plaintiff's claim fails to make out a legally cognizable basis for relief." 20 It is clear that based on tort common law, the nonsmoker does have a right to a work environment free from tobacco smoke. Does this right extend to restaurant employees? In the language of the precedent cases, the key issue is whether or not smoking in restaurants is: (1) "necessary to carry out business", (2) an "avoidable peril", or (3) "inherent in the work to be done". It is unlikely that any court would find that long-term exposure to a class A carcinogen is inherent in being a waiter, or is unavoidable. Thus,under the common law,restaurant employers are required to provide employees with a smoke-free work environment. Since segregation of smokers and nonsmokers does not reduce ETS exposure (see Chapter 6), reasonable accommodation of employees may require a 100% smoke-free policy, unless a separately ventilated room is available for smoking, in which the employee is not asked to work. B. FEDERAL AND STATE LAWS TO PROTECT HANDICAPPED EMPLOYEES The common law provides protection from ETS for nonsmoking employees in general. Additionally, Federal and California state law provide protection for employees who are particularly sensitive to smoke. First, the National Rehabilitation Act of 1973 holds that employers must make of accommodation" for employees who are handicapped. Two recent federal decisions have classified employees who are extremely sensitive to tobacco smoke as handicapped. In Pletten v. U.S. Army' the U.S. Merit Systems Protection Board ruled that Leroy Pletten was handicapped because he suffered from asthma, and was especially sensitive to tobacco smoke. The employer was required to make a reasonable accommodation, which in this case was a prohibition of smoking in Pletten's Division. In Vickers v. Veterans Administration s a U.S. District Court ruled that the plaintiff was handicapped because he "is unusually sensitive to tobacco smoke and that this hypersensitivity does in fact limit at least one of his major life activities, that is, his capacity to work in an environment which is not completely smoke-free." Second, the California Fair Housing and Employment Act requires reasonable accommodation for employees who are handicapped. In County of Fresno v. Fair Employment and Housing Commission,' a California Court of Appeals ruled that two employees who were sensitive to tobacco smoke due to underlying lung disease were handicapped under the Act, and thus entitled to reasonable measures to protect them from tobacco smoke exposure. In this case, banning smoking in the employees' work area would have been required to satisfy the provisions of the Act. ' 21 Thus, under Federal and state law, restaurant employers are required to take reasonable measures to provide a smoke-free work environment for employees who are especially sensitive to tobacco smoke. Again, this would probably require a 100% smoke- free policy, unless a separately ventilated smoking room were available, in which the employee was not asked to work. II. Are restaurant employers liable for damages to their workers if they fail to protect them from ETS? There are three areas of liability for employers who fail to protect their employees from the hazards of ETS: workers' compensation and disability, personal injury due to employee negligence under common law, and unemployment compensation. Since the duty to provide a smoke-free work environment applies to restaurant employers, the three areas of liability apply as well. A. WORKERS' COMPENSATION AND DISABILITY The most compelling example of potential liability under workers' compensation is the 1990 California case of Ubhi V. State Compensation Insurance Fund. Ubhi, a nonsmoking waiter who suffered a heart attack he claimed was due to restaurant tobacco smoke exposure, received a settlement of$85,000 from the state Compensation Insurance Fund. There are numerous cases in which workers' compensation and disability awards for injury caused by exposure to workplace ETS have been upheld at the claims appeal or judicial level, or in which the claims were uncontested: 1. Kufahl v` Wisconsin Bell Inc.-' Wisconsin Bell paid Deborah Kufahl $23,400 in workers' compensation for permanent disability due to eight years of exposure to secondhand smoke. Kufahl suffered headaches, nausea, fatigue and dizziness when.exposed to ETS. 2. Brooks v. TWA and Liberty Mutual Insurance:' An airline stewardess received workers' compensation from TWA and Liberty Mutual for injury due to an allergic reaction to tobacco smoke. 3. Bena v. Massachusetts Turnpike Authorit :10 An administrative judge awarded compensation to an ex-smoker for exacerbation of his chronic obstructive lung disease by workplace ETS exposure. 22 e 4. lohannesen v. New York City Dept. of Housing Preservation and Development:" Compensation was awarded to an employee who developed asthma from repeated workplace ETS exposure. 5. Schober v. Mountain Bell Telephone:" A New Mexico Court of Appeals awarded partial permanent disability benefits for injury due to an allergic reaction to tobacco smoke at work. 6. Teri Way of Wisconsin was granted total permanent disability due to exposure to smoke in the workplace.13 7. Economist Werner Peterke received workers' compensation for asthma and bronchitis induced by smoking in his place of work.13 8. Linda Batchelor of California won a workers' compensation award of $17,500 for headaches and other acute symptoms she suffered while surrounded by workplace smoke.14 B. EMPLOYER NEGLIGENCE UNDER COMMON LAW Since the employer has a common law duty to protect the employee from ETS, can the employee collect damages for workplace ETS-induced injury? In most cases, the exclusive remedy provision of state workers' compensation law will preclude such a lawsuit. However, if a smoke-related injury is deemed not to be covered within the scope of workers' compensation, the employee has a legitimate common law negligence action against the employer for failure to provide a smoke-free workplace. In McCarthy v. State of Washington 15 the Washington Supreme Court ruled that an employee who developed disabling chronic obstructive lung disease from years of workplace ETS exposure could sue the employer for failure to protect her from the hazards of ETS. The suit was not pre-empted by state workers' compensation law because the disease was felt to lie outside its coverage. This is a landmark decision because it essentially ensures that employees who do not receive workers' compensation for workplace ETS-induced injury can file negligence suits against the employer for failing to comply with the common law duty to protect the employee from such exposure. In the McCarthy case, the suit was settled out of court for $27,000. 23 C. UNEMPLOYMENT COMPENSATION There is now a strong legal precedent in California for employees to collect unemployment compensation benefits if they terminate employment because of fear of health damage from ETS. The California Court of Appeals has twice awarded a plaintiff unemployment compensation benefits after the voluntary termination of employment simply for fear of health damage from involuntary tobacco smoke exposure.16," 1. In Alexander v. Unemployment Insurance Appeals Board,16 the Board was forced to pay unemployment insurance benefits to an X-ray technologist who quit her job because of an allergy to tobacco smoke. 2. In McCrocklin v. Employment Development Department," the Court awarded compensation to an engineering writer who left his job for fear that he was being exposed to carcinogens in ETS. The employee was not allergic to tobacco smoke, and had in fact smoked a pipe and cigars in the past. Similar rulings have been made in New Jersey, Pennsylvania, and Georgia: 3. In Appell v. Morristown Board of Education,18 an employee was awarded compensation after resigning due to eye irritation and headaches due to smoke exposure. 4. In Lal2ham v. Commonwealth of Pa.UnemployMent Compensation Board of Review,19 an employee was awarded benefits after resigning due to allergic bronchitis caused by workplace smoking. 5. In Georgia, a State Merit System employee won three months of benefits after leaving her job because of cigarette smoke.13 I _ i. 24 i CONCLUSION It is clear that restaurant employers are required, under common law, to provide a smoke-free work environment for employees. In addition, under Federal and state law, they must protect employees who are especially sensitive to smoke by providing a smoke-free work environment. When they fail to do so, employees have three potential remedies: 1. To collect workers' compensation benefits for ETS-induced injury; 2. To file suit against the employer for damages due to failure to protect from the hazards of ETS, if the injury is ruled not to be within the scope of workers' compensation; and, 3. To terminate employment for fear of health damage from ETS, and collect unemployment compensation benefits. Claims in each of these three areas have been made by employees affected by ETS at work, upheld by the courts, and have resulted in numerous large awards or settlements. The protection for nonsmoking workers in California is particularly strong. With increasing public awareness of the health hazards of secondhand smoke, the significance of employer liability for ETS-induced injury will increase. In fact, several recent legal reviews document the increase in involuntary smoking claims against employers."'3 As one review points out, employers are no longer immune from liability for ETS-related injury: 'Today, the situation is different. Actions against employers are common...".20 Recently, one lawsuit against an employer was filed for $5 million.11 Regardless of the outcome of these suits, employer liability for ETS-induced worker injury will become an increasingly important issue for employers. Potential liability can be eliminated, however, by acting to protect nonsmoking employees from the hazards of ETS. 25 CHAPTER 5 ECONOMIC IMPACT OF 100% SMOKE-FREE RESTAURANT ORDINANCES Perhaps the issue most important to policy-makers is the economic impact of smoke- free restaurant ordinances. Do these laws have a significant effect on restaurant business? Proponents and opponents of these measures have provided a wide range of evidence,from anecdotal reports to rigorous scientific studies, to support their positions. This chapter will evaluate the evidence in three steps: 1. It will analyze the potential approaches to studying the question and point out significant problems with each approach. 2. It will suggest a set of criteria that evidence must meet in order to provide an accurate evaluation of economic impact. 3. It will review the evidence that meets these criteria in an attempt to answer the question based on the best available evidence. I. ANALYSIS OF APPROACHES TO EVALUATING THE ECONOMIC IMPACT OF SMOKE-FREE RESTAURANT ORDINANCES 1. Anecdotal reports: Tobacco industry lobbyists often provide anecdotal reports of restaurants that go out of business or suffer economic losses after implementation of smoke-free ordinances.',' While effective at stimulating emotion, such reports do little to provide information on the impact of an ordinance. First, whether or not an ordinance is implemented, there will be restaurants that go out of business. Anecdotal evidence cannot demonstrate that the ordinance was the cause of the restaurant's problems. Similarly, anecdotal reports of restaurants with increased sales after implementation of an ordinance do not necessarily demonstrate a positive effect of the ordinance. Second, anecdotal reports are severely biased in that only restaurants with economic losses are sampled. They give no information whatsoever about the overall impact of an ordinance on business in a community. 2. Newspaper reports: Tobacco industry lobbyists often use newspaper articles as evidence for an adverse economic impact of smoke-free ordinances.1,2 Newspaper reports of the effect of ordinances are subject to the same biases as anecdotal reports, and for the reasons outlined above, are of no value in evaluating the economic impact of smoke-free restaurant ordinances. 26 t t j 3. Letters from restaurant owners: Tobacco industry lobbyists often provide letters from restaurant owners who claim a loss of business due to an ordinance.' This type of evidence is equivalent to anecdotal reports. There will be restaurants with increases and decreases in business, regardless of the passage of a smoking ordinance. In addition, restaurant owners who oppose the ordinance tend to attribute their losses to the ordinance. The sample is also biased because only owners who perceive a negative impact are sampled. Again, this type of evidence provides little useful information on the economic impact of an ordinance. 4. Repeal of an ordinance: The fact that the Beverly Hills City Council repealed its ordinance has been used as evidence of the adverse economic impact of the ordinance. As will be shown, there was no significant change in restaurant sales in Beverly Hills after implementation of the smoke-free ordinance. In fact, the Council's decision to repeal the ordinance is evidence of the danger of using anecdotal data to guide public policy. The tobacco industry used such poor data to convince legislators of an economic impact that did not exist. 5. Restaurant surveys: Although a slight improvement over anecdotal reports, restaurant surveys are an inadequate method of evaluating the economic impact of an ordinance. While useful in measuring the perceptions of restaurant owners prior to consideration of an ordinance, a more reliable measure of economic impact is necessary to measure the overall effect after implementation of an ordinance. There are two major problems with restaurant surveys. First, they are subject to severe sampling bias. A perfect example of this is the survey of Bellflower restaurants, performed at the direction of Mayor Bill Pendleton.' The survey used a non-random, non-probability sampling scheme, making it completely invalid. In addition, the response rate was only 33% and no attempt at follow-up for non-response was made. Restaurants with perceived losses in business were more likely to respond, biasing the results further. The survey concluded that there had been a 30% loss in business, when in fact (as will be shown later) there was no significant effect on restaurant business. Second, surveys are subject to measurement bias, because restaurant owners' attitudes towards an ordinance will affect their perception of its effects. To a large extent, the results of a restaurant survey could be predicted before the survey is conducted, based on the attitudes of the owners of those restaurants surveyed. 6. Analysis of sales tax data for specific quarters: The use of sales tax data to evaluate the economic impact of smoke-free ordinances is a vast improvement over the above methods. The information is objective, and not subject to measurement bias. All restaurants are sampled, so there is no sampling bias. However, the comparison of two specific data points is invalid. By careful selection of the appropriate quarters, one can show almost any kind of effect that one desires. This is illustrated by tobacco industry- sponsored research on the effects of the Beverly Hills ordinance: 27 Laventhol and Horwath4 evaluated the effect of the Beverly Hills ordinance by comparing restaurant sales in the 2nd quarter of 1987 (just after implementation) to sales in the 2nd quarter of 1986. They reported a 6.7% decrease ($24.3 million vs. $26.0 million). However, they could just as easily have compared the 2nd quarter of 1987 to the 3rd or 4th quarters of 1986 or 1st quarter of 1987, in which case they would have found increases of 5.3%, 6.2%, and 12.1%, respectively. Or, one could compare the 3rd quarters of 1987 and 1986, in which case one would find a 6.4% increase in sales. The data is shown below in Table 7. TABLE 7: Demonstration of the Invalidity of Comparing Sales Tax Data for Specific uarters RESTAURANT SALES (millions of dollars), Beverly Hills, CA Quarter (before ordinance) Quarter (after ordinance) Change 2nd, 1986: 26.019 2nd, 1987: 24.275 -6.7% 3rd, 1986: 23.061 2nd, 1987: 24.275 +5.3% 4th, 1986: 22.856 2nd, 1987: 24.275 +6.2% 1st, 1987: 21.651 2nd, 1987: 24.275 +12.1% 3rd, 1986: 23.061 3rd, 1987: 24.536 . +6.4% 7. Analysis of sales tax data in an econometric model: Glantz and Smiths developed a model which uses linear regression to analyze sales tax data, while controlling for potential confounding variables. Bias in selecting specific quarters is eliminated,because data for all quarters after an ordinance is implemented, and for several years before implementation, is put into the model. This controls for trend and fluctuation in the data. Trend in economic conditions is controlled by incorporating total retail sales data as well as data for comparison cities. Unlike all of the above approaches, this type of approach is a valid, objective, unbiased and accurate way of evaluating the economic impact of smoke-free restaurant ordinances. It is the best available method to evaluate the economic impact of smoke-free ordinances. 28 II. CRITERIA TO EVALUATE THE VALIDITY OF STUDIES OF THE ECONOMIC R%4PACT OF SMOKE-FREE ORDINANCES Based on the above analysis, the following criteria are suggested as a guide to policy- makers to evaluate the validity of studies of the economic impact of smoke-free restaurant ordinances: 1. The study should be based on objective data, such as sales tax data provided by the Board of Equalization. 2. All data points after the ordinance was implemented, and for several years before, should be included in the analysis. 3. The data should be analyzed using a regression or similar statistical model, so that the significance of any change can be evaluated in light of the trend and fluctuation in the data. 4. Overall economic trend should be controlled for by the use of total sales data and data from comparison areas. M. REVIEW OF STUDIES THAT MEET VALIDITY CRITERIA There has been only one study, to date, that meets the above criteria. Glantz and Smith' used an econometric model to analyze sales tax data for the cities of Lodi, Bellflower, Beverly Hills, and San Luis Obispo, before and after the adoption of a 100% smoke-free ordinance. They found no significant effect of the ordinance on total restaurant sales, restaurant sales as a fraction of total retail sales, or restaurant sales in comparison to a control community without the ordinance, for each of the 4 cities studied. In Beverly Hills, they also found no significant increase in sales after repeal of the ordinance. They conclude that "there is no evidence that 100% smoke-free restaurant ordinances have any effect on restaurant sales, either in absolute terms or in comparison with similar cities that have no such health and safety requirements." The study shows that the Tobacco Institute claim of a 30% decrease in restaurant sales in Beverly Hills' was wrong, and demonstrates the invalidity of the survey which found a 30% decrease in business in Bellflowe? and of the Laventhol and Horwath study,` which found a 7% decrease in sales in Beverly Hills. 29 r This chapter has shown that based on the best available evidence, 100% smoke-free restaurant ordinances do not have a significant impact on restaurant sales. It has also demonstrated how easily policy-makers can be misled if they fail to evaluate the validity of the evidence that is presented to them, and has suggested a set of criteria to evaluate evidence in the future. This will help ensure that public policy is based on the best and most accurate data available. I CONCLUSION 1. Based on the best available evidence, 100% smoke-free ordinances have no significant impact on restaurant sales. 2. Studies that found a decrease in restaurant sales in Beverly Hills and Bellflower had serious methodologic flaws, and are invalid. 3. The use of anecdotal evidence and restaurant surveys is inherently biased and inappropriate in analyzing the economic impact of smoke-free ordinances; it does not provide information useful in evaluating this issue. 4. Public policy-makers have been misled about the economic impact of restaurant smoking ordinances, by studies based on invalid evaluation approaches, such as those mentioned above. Before being considered seriously, evidence should be evaluated on criteria which include the use of actual sales tax data, inclusion of all data points before and after implementation of an ordinance, the use of regression or other statistical methods to control for trend and fluctuation in the data, and appropriate control for overall economic trend. This will help ensure that public policy is based not on assumptions and inappropriate or invalid data, but on the best available data. 30 CHAPTER 6 ANALYSIS OF POSSIBLE REGULATORY APPROACHES There are several possible approaches to protecting the nonsmoker from environmental tobacco smoke (ETS)in restaurants.These range from relying on common courtesy all the way to banning smoking completely. This chapter will analyze the effectiveness of each of these potential approaches. I. COMMON COURTESY The tobacco industry argues that the best way to resolve the conflict between the smoker and nonsmoker is by an approach based on "common courtesy".' Smokers should ask those around them if they mind before lighting up, and nonsmokers should "mention annoyances in a pleasant and friendly manner...". This approach was reviewed in a report on involuntary smoking by the Conservation Law Foundation of New England.' The report outlines two reasons why relying on common courtesy is ineffective. First, "relying on the exercise of common sense and common courtesy to solve the problem of indoor air pollution ignores the habitual character of smoking and places upon the individual nonsmoker the burden of imposing restraint upon the smokers sharing his or her air. This burden is at best an awkward one and at worst results in a public policy of silent acquiescence." Second, the tobacco industry has itself opposed self-restraint, by waging a campaign to encourage existing smokers to smoke more as well as to recruit new smokers: "Restraint is as unlikely to become a part of the smoker's approach to smoking as it is to characterize the industry's marketing strategy unless and until it is imposed by some other authority." A recent study published in the Journal of the American Medical Association examined the effectiveness of the common courtesy approach? It found that 47% of smokers do not ask others if they mind before lighting up, and that only 4% of nonsmokers will actually ask smokers not to smoke, despite annoyance and knowledge of the harmful effects of ETS. The authors conclude that "the common courtesy approach endorsed by the tobacco industry is unlikely, by itself, to eliminate exposure to ETS," and that "legislative or administrative mechanisms are probably the only effective strategies to eliminate exposure to ETS." 2. VOLUNTARY RESTAURANT SMOKE-FREE POLICIES A second approach is to encourage voluntary restaurant smoke-free policies,and allow customers to choose whether or not they wish to dine in such restaurants. There are three reasons why this strategy is ineffective: 31 a. Most restaurant owners do not and will not voluntarily prohibit smoking: This question was actually examined in a study by researchers at DePaul University." They conducted an intensive educational campaign to encourage Chicago restaurateurs to simply establish nonsmoking sections. Free publicity was offered, as was channeling of customers who had expressed a preference for restaurants with nonsmoking sections. Nevertheless, only 10% of the restaurants established permanent nonsmoking sections. The authors conclude that: "the restaurateurs' disinclination to voluntarily establish nonsmoking sections seems to indicate the necessity for legislative efforts to mandate nonsmoking sections." b. Even if restaurants become smoke-free, nonsmokers will not be adequately protected: As about 75% of the population does not smoke, nonsmokers will not be adequately protected from ETS unless about 75% of restaurants are smoke-free. c. Even if many restaurants become smoke-free restaurant employees will not be adequately protected: Restaurant employees cannot simply choose to work only in smoke-free restaurants. Thus, a voluntary approach is in no way effective in protecting restaurant employees from ETS. 3. SEPARATE SMOKING AND NONSMOKING SECTIONS There is little doubt that segregation of smokers and nonsmokers is not effective in protecting the nonsmoker from ETS. This is because smoke is carried to all areas of an enclosed room. In fact, after one hour of air mixing, there is little difference between smoking and nonsmoking sections.'Several studies have documented the ineffectiveness of this approach: a. Olshansky' studied tobacco smoke exposure of smokers and nonsmokers in a large hall with central air conditioning and six electrostatic air cleaners. He found that carbon monoxide (CO), carboxyhemoglobin, and ambient CO levels were nearly identical in the smoking and nonsmoking sections, and concludes that the CO "simply diffused uniformly throughout the entire hall." b. Sterling and Mueller' measured air concentrations of CO, nicotine, and respirable suspended particles (RSP) in nonsmoking areas of a cafeteria. Compared to a nonsmoking office area, the concentration of CO was twice as high, the nicotine concentration was six times higher, and the RSP concentration was five times higher. The reduction in the level of contamination compared to the smoking area was only 50%. c. Repace and Lowrey' found that physical separation of nonsmokers and smokers within a given space reduces only peak concentrations of tobacco smoke, not average concentrations. Therefore, it does not reduce the risk of adverse health effects when a person is subjected to long-term exposure. 32 One study actually found an increase in tobacco smoke exposure in certain areas of a cafeteria after a smoking area was designated. Vaughan and Hammond9 found a 200- 500% increase in nicotine concentration in the nonsmoking location nearest the newly designated smoking area. The remote locations of the nonsmoking area showed only a 50% reduction. The overall cafeteria readings were 16% hi her after designation of the smoking area. Finally, not only is segregation completely ineffective in protecting nonsmoking patrons, it in no way serves to protect restaurant employees. As Repace and Lowrey point out,' even if a waiter works only in the nonsmoking section, the average exposure to ETS will be no different than without segregation, and the risk of adverse health effects will not be reduced. 4. SEGREGATION AND VENTILATION/FILTRATION Most studies agree that filtration and ventilation of tobacco smoke are both ineffective methods of protecting the nonsmoker: a. In a study in a hotel meeting room,10 modern ventilation and filtration equipment did not adequately reduce CO levels. The ambient CO concentrations were 8-10 parts per million (ppm), and 7 ppm in the alveoli of nonsmokers. Smoking cessation was required to bring the CO concentration to the desired level (1-2 ppm, 2-3 ppm in alveoli of nonsmokers). b. The American Society of Heating, Refrigerating, and Air Conditioning (ASHRAE) sets minimum design ventilation rates for buildings. Repace" estimated that at the ventilation rates prescribed for buildings with smoking (25 fe/min/occupant), nonsmokers would still inhale the equivalent of 21h cigarettes per workday. c. Repace and Lowrey" showed that within the practical range of achievable ventilation rates, the "respirable suspended particle levels generated by smokers overwhelm the effects of ventilation and inflict significant air pollution burdens on the occupants." They also showed that high-volume electrostatic filters are ineffective under conditions of continuous smoking and do not remove gaseous pollutants from the air. d. Morgan13 concluded that ventilation cannot solve the smoke problem, because air in rooms forms stable layers, with gases and particles accumulating. To remove traces of smoke, air would have to be completely exchanged 100 times per hour. 33 eg i e. Repace and Lowrey8 developed an indoor air quality standard for tobacco smoke in the workplace. They calculated that a maximum tobacco tar concentration of .75 pg/m3 would limit carcinogenic risk to that considered acceptable by federal regulatory agencies for environmental carcinogens. To achieve such a level would require "impractical amounts of ventilation or prohibitive costs for air cleaning equipment." They therefore conclude that "the only practical control measures are complete physical separation of smokers and nonsmokers on different ventilation systems, or prohibition of smoking in the workplace." 5. SEPARATE SMOKING AND NONSMOKING ENVIRONMENTS The designation of a smoking room with completely separate ventilation from all nonsmoking areas has been shown to be effective in protecting nonsmokers from ETS.'," A greater than 95% reduction in ETS exposure has been documented." However, this approach is impractical, impossible, or prohibitively expensive for most restaurants. 6. LEGISLATED 100% SMOKE-FREE RESTAURANTS Based on the above analysis, this is the only practical approach that is truly effective in protecting restaurant employees and patrons from exposure to ETS. 34 CONCLUSION A legislated 100% smoke-free restaurant policy is the only effective way to protect restaurant employees and patrons from the hazards of second-hand smoke: 1. A voluntary restaurant approach is ineffective because most restaurant owners will not voluntarily prohibit smoking and because even if many do, employees will not be adequately protected. Restaurant workers cannot easily choose to work only at smoke-free restaurants. 2. Nonsmoking sections are not effective in protecting patrons or employees. Peak concentrations of tobacco constituents are only modestly decreased in remote locations and actually increased in locations closest to the smoking area. Average concentrations are exactly the same, as are the adverse health effects for employees. Many city councils have required nonsmoking sections in an effort to protect the public health. Unfortunately, the scientific evidence suggests that a 75% smoke-free policy, for example, is not better than a 40% policy from a public health perspective, because it will not significantly reduce restaurant patrons' exposure to ETS, and will not reduce employees' ETS exposure at all. Local governments that truly wish to protect restaurant employees and the public from the hazards of restaurant ETS exposure have no effective approach available, other than to legislate a 100% smoke-free policy. 35 CHAPTER 7 CITIES THAT HAVE ADOPTED 100% SMOKE-FREE RESTAURANT ORDINANCES At least 24 United States cities have adopted 100% smoke-free restaurant ordinances. Table 8 lists these cities, their populations, and the date on which restaurants became or must become smoke-free: TABLE 8: CITIES WITH 100% SMOKE-FREE RESTAURANT ORDINANCES' CITY POPULATION' EFFECTIVE DATE Aspen, CO 5,049 1985 Telluride, CO 1,309 1988 Snowmass, CO 1,449 1989 San Luis Obispo, CA 41,958 August, 1990 Lodi, CA 51,874 November, 1990 Auburn, CA 10,592 April, 1991 Paradise, CA 25,408 August, 1991 Roseville, CA 44,685 October, 1991 El Cerrito, CA 27,379 November, 1991 Martinez, CA 31,808 March, 1992 Colfax, CA 1,306 March, 1992 Sacramento, CA 369,365 May, 1992 Hercules, CA 16,829 May, 1992 Palo Alto, CA 55,900 September, 1992 Walnut Creek, CA 60,569 September, 1992 Grass Valley, CA 9,048 November, 1992 Lathrop, CA 6,841 January, 1993 Los Gatos, CA 27,357 January, 1993 Visalia, CA 75,636 April, 1993 Whittier, CA 77,671 July, 1993 Oakland, CA 372,242 August, 1994 Lee, MA 7,869 1995 Lenox, MA 6,756 1995 Stockbridge, MA 2,408 1995 36 CHAPTER 8 ARGUMENTS AGAINST 100% SMOKE-FREE RESTAURANT ORDINANCES There are essentially four arguments against smoke-free restaurant ordinances which are consistently raised by the opponents of these ordinances. This chapter analyzes each of these arguments. I. Let restaurant owners decide whether to go smoke-free or not. Customers will then have a choice of whether to eat at a smoke-free restaurant. The market is working. Let the marketplace decide. There are 9 reasons why this argument is invalid: 1. The market has created a society where 145 people a day die from breathing other people's smoke, and where involuntary smoking is the number one environmental cause of cancer (Chapter 1). 2. The market has resulted in restaurant employees having exposure to environmental tobacco smoke which is 3-5 times higher than typical workplace exposure and 12-20 times higher than domestic ETS exposure (Chapter 2). 3. The market has resulted in restaurant air having a genotoxicity 10-100 times that of urban air (Chapter 2). 4. The market has forced restaurant employees to be the group most heavily exposed to ETS (Chapter 2). 5. The market has allowed restaurant owners to expose their employees to high levels of carcinogens (Chapter 2). 6. The market has forced many restaurant employees to inhale the benzo(a)pyrene equivalent of actively smoking 11h to 2 packs of cigarettes per day (Chapter 2). 7. The market has resulted in waiters and waitresses having almost twice the risk of lung cancer due to involuntary ETS exposure (Chapter 3). 8. Studies of the market approach have demonstrated that only about 10% of restaurant owners will choose to protect the public and their employees from ETS, despite intensive educational campaigns (Chapter 6). 9. Unlike restaurant patrons, employees have no choice in the matter. Their exposure to the carcinogens in ETS is truly involuntary. 37 r II. Let the state pass a restaurant smoking law, not local government. There are 4 reasons why this argument is invalid: 1. There have been several attempts to pass a statewide restaurant smoking law in California, but the tobacco industry has successfully defeated every attempt. 2. The tobacco industry has contributed over$1.6 million to California state legislators since 1975, including $255,150 to Assembly Speaker Willie Brown! This makes it virtually impossible to pass a statewide restaurant smoking law. 3. The failure of the state to protect its citizens from the hazards of ETS is a poor excuse for local government to fail to do so. Local governments have an obligation to protect the public health, and it is their proper role and responsibility to intervene where the state has left jurisdiction to them. Local governments, then, must formulate policy on restaurant smoking precisely because of the state's failure to do so. 4. By failing to take action, local governments are actually establishing a policy of allowing the exposure of its citizens and employees to high levels of carcinogens to be unregulated. Inaction amounts to action that will ensure that the near doubling of lung cancer risk in restaurant employees due to ETS exposure will continue. III. Smoke-free ordinances will hurt restaurant business. There are 2 reasons why this argument is invalid: 1. There is no valid evidence that smoke-free ordinances decrease restaurant sales. All of the evidence that has been used to convince policy-makers of an adverse economic impact has been based on evaluation approaches which are methodologically flawed, and invalid. This type of evidence has misled policy- makers, convincing them that a smoke-free ordinance caused a decrease in restaurant sales when no such effect occurred (Chapter 5). 2. There is valid evidence, based on a rigorous econometric analysis, that smoke-free ordinances do not decrease restaurant sales. The only valid evaluation approach revealed that there was no significant economic impact of 100% smoke-free restaurant ordinances in Bellflower, Lodi, San Luis Obispo and Beverly Hills (Chapter 5). 38 IV. As a reasonable compromise to protect the health of nonsmokers, legislators should increase the size of mandated nonsmoking sections, rather than ban smoking completely. There is 1 simple reason why this argument is invalid: Segregation of smokers and nonsmokers is not effective in protecting the nonsmoker from ETS: a. After one hour of air mixing, there is little difference between smoking and nonsmoking sections (Chapter 6). b. Numerous studies have shown that there is very little reduction in air concentrations of tobacco smoke constituents in nonsmoking areas of restaurants (Chapter 6). c. The creation of a smoking section may actually increase ETS exposure in the nonsmoking location nearest the designated smoking area (Chapter 6). d. Separation of smokers and nonsmokers does not reduce average concentrations of tobacco smoke. Thus, it does not reduce the risk of adverse health effects for restaurant employees (Chapter 6). e. Increases in the size of nonsmoking sections do not significantly reduce restaurant patrons' exposure to ETS, and do not reduce employees' exposure to ETS at all. Increasing the size of nonsmoking areas is not a compromise measure, because it does not reduce exposure to ETS, and therefore protects no one. Policy-makers who are truly interested in protecting public health must eliminate restaurant ETS exposure completely. The appropriate area of compromise is the time frame for phasing-in the 100% restriction. CONCLUSION The 4 major arguments against 100% smoke-free ordinances are flawed. The benefits of protecting restaurant patrons and employees from the health hazards of involuntary smoking by eliminating exposure to ETS in restaurants far outweigh any possible costs. 39 FACT SHEET#2 (page I of 2) HEALTH EFFECTS AND PUBLIC HEALTH IMPACT OF PASSIVE SMOKING ■ Passive smoking in the United States causes 53,000 deaths per year: 37,000 from heart disease,4,000 from lung cancer, and 12,000 from other cancers. ANNUAL DEATHS FROM PASSIVE SMOKING Heart Disease (69.8%) Lung Cancer (7.5%) . 12,000 Other Cancers (22.6%) . try s • . ■ Passive smoking is the third leading cause of preventable death,behind only active smoking and alcohol. It causes more deaths than AIDS, motor vehicle accidents, drugs, or homicide. PREVENTABLE CAUSES OF DEATH ,3C 000 .00,000 m 300,000 CD CL = 200,000 ??` i 100,000 f. 57,000 46 000 i,,:•. ,�•. .:,'" 71 000 23 000 0 r• :::i:h:: �;;;.:;?:;::. 9000 Smoking Akohol PASSIVE Motor AIDS HORlkidss Drugs SMOKING A tchgls is i (continued on page 2) g FACT SHEET#1 (page 2 of 2) ■ Passive smoking is the #1 cause of environmental cancer. It causes more cancer deaths than all other regulated carcinogens combined. CANCER DEATHS: PASSIVE SMOKING vs. ALL REGULATED CARCINOGENS 15700 u,000 `a } m a 10,000 t a - a 5.000 a 000 U QQZ yypp 591 soo IoCps 127 h so 20 10 1 Ac to d uc = ;u o 4$ i 1 I 1 4 a I I . From: Smokintt and Restaurants: A Guide for Policy-Makers Michael Siegel, M.D., M.P.H. UC Berkeley Preventive Medicine Residency Program September, 1992 r. s, FACT SHEET#2 ENVIRONMENTAL TOBACCO SMOKE EXPOSURE IN RESTAURANTS ■ Exposure to environmental tobacco smoke in restaurants is 3-5 times higher than typical workplace exposure, and 8-20 times higher than domestic exposure (living with a smoker). RELATIVE ETS EXPOSURE: RESTAURANTS vs. WORKPLACES vs. DOMESTIC 20 20 is O CL X W -610 m m J 5 4 M 0 Loss RESTAURANTS Workplaces Domestic • The most heavily exposed restaurant workers inhale as much benzo(a)pyrene (a carcinogen) as active smokers of 1 V2 to 2 packs of cigarettes per day. • Restaurant air causes mutations and chromosome changes at a rate 10-100 times higher than urban outdoor and indoor air. • Restaurant air causes mutations in genes at a rate 5-10 times higher than industrial workplace air. GENE MUTATIONS CAUSED BY RESTAURANT vs. INDUSTRIAL AIR 828 800 c 0 m : u 600 ma C � fb `o 400 C V C � m Q 200 U. 101 79 0 RESTAURANTS Foundries Polyurothans Lowme Idanulacturinp Pans a Restaurant employees are the occupational group most heavily exposed to ETS and most likely to suffer adverse health effects due to this exposure. From: Smoking and Restaurants: A Guide for Polio-Makers Michael Siegel, M.D.,M.P.H. UC Berkeley Preventive Medicine Residency Program September, 1992 FACT SHEET#3 HEALTH EFFECTS OF ETS EXPOSURE IN RESTAURANTS ■ In California, waitresses have the highest death rate of any female occupational r[oup. They have a 4 times higher rate of death from lung cancer and a 2 1/2 times higher rate of death from heart disease. CALIFORNIA RELATIVE DEATH RATES: 4 WAITRESSES vs. OTHER WOMEN 3.68 3 m 2.47 2.56 Q t2 is m D WAITRESSES Other WAITRESSES Other WARRESSES Other Women Women Women OVERALL LUNG CANCER HEART DISEASE ■ Waiters and waitresses have a 50-90% higher risk of dying from lung cancer because of exposure to tobacco smoke in restaurants. Involuntary exposure to tobacco smoke at work makes restaurant workers 11/2 to 2 times more likely to die from lung cancer. RISK OF LUNG CANCER DEATH IN WAITERS AND WAITRESSES 2 DUE TO ETS EXPOSURE IN RESTAURANTS 1.7 m Z 1.5 fr r G .. 1 J N y G Y <r r 0 $ 4 J f1 Y..: -- WAITERS AND WAITRESSES Population From: Smoking and Restaurants: A Guide for Policy-Makers Michael Siegel,M.D.,M.P.H. UC Berkeley Preventive Medicine Residency Program September, 1992 A REFERENCES INTRODUCTION 1. 'The world cigarette pandemic,"Joan Beck, Providence Toumal, September 9, 1985. 2. Smoking-attributable mortality and years of potential life lost - United States, 1988.. MMWR 1991; 40:62-63,69-71 3. Schelling TC: Economics and cigarettes. Prey Med 1986; 15:549-60 4. Toward a Tobacco-Free California: A Master Plan to Reduce Californians' Use of Tobacco. Submitted to the Legislature by the Tobacco Education Oversight Committee, January 1, 1991. 5. Wells AJ: An estimate of adult mortality in the United States from passive smoking. Env Int 1988; 14:249-65 6. Pertschuk M, Shopland DR, eds. Major Local Smoking Ordinances in the United States. Washington, DC: US Department of Health and Human Services, 1989. CHAPTER 1 1. The Health Consequences of Involuntary Smoking. U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, Center for Health Promotion and Education, Office on Smoking and Health. U.S. Government Printing Office, Washington, DC, DHHS Publication No. (CDC) 87-8398, 1986. 2. National Research Council,Committee on Passive Smoking. Environmental Tobacco Smoke: Measuring Exposures and Assessing Health Effects. (National Academy Press, Washington DC, 1986). 3. Environmental Protection Agency. Health Effects of Passive Smoking: Assessment of Lung Cancer in Adults and Respiratory Disorders in Children. Washington, DC: Environmental Protection Agency; 1990. Publication EPA 600/6-90/006A. 4. Wells AJ: An estimate of adult mortality in the United States from passive smoking. Env Int 1988; 14:249-65 5. Repace JL,Lowrey AH:Risk assessment methodologies for passive smoking-induced lung cancer. Risk Analysis 1990; 10:27-37 41 6. Steenland K: Passive smoking and the risk of heart disease. TAMA 1992; 267:94-99 7. Glantz SA, Parmley WW: Passive smoking and heart disease. Epidemiology, physiology and biochemistry. Circulation 1991; 83:1-12 8. Smoking-attributable mortality and years of potential life lost - United States, 1988. MMWR 1991; 40:62-63,69-71 9. National Institute on Alcohol Abuse and Alcoholism. Sixth Special Report to the U.S. Congress on Alcohol and Health From the Secretary of Human Services. U.S. Dept. of Health and Human Services, Public Health Service, Alcohol, Drug Abuse, and Mental Health Administration, DHHS (ADM) 87-1519, 1987. 10. National Center for Health Statistics. Monthly Vital Statistics Report 1990. US Public Health Service, Hyatsville, MD, 1990. 11. Mortality attributable to HIV infection/AIDS-United States, 1981-1990.TAMA 1991; 265:848-9. 12. United States Department of Health and Human Services. Healthy People 2000: National Health Promotion and Disease Prevention Objectives. DHHS (PHS) 91- 50212, Washington, DC, 1991. 13. Gough M: How much cancer can EPA regulate away? Risk Analysis 1990; 10:1-6 CHAPTER 2 1. Sterling TD, Dimich H, Kobayashi D: Indoor byproduct levels of tobacco smoke: a I critical review of the literature. TAPCA 1982; 32:250-59 a 2. Husgafvel-Pursiainen K, Sorsa M, Moller M et al.: Genotoxicity and polynuclear aromatic hydrocarbon analysis of environmental tobacco smoke samples from restaurants. Muta enesis 1986; 1:287-92 I 3. Cuddeback JE, Donovan JR,Burg WR: Occupational aspects of passive smoking. Am ' Ind Hyg Assoc Tv1976; 37:263-67 I 4. Bridbord K, Finklea R, Wa mer J g JK et al.: Human exposure to polynuclear aromatic hydrocarbons, in: Freudenthal RI,Jones PW, eds. Carcinogenesis,Vol. 1. Polynuclear Aromatic Hydrocarbons: Chemistry, Metabolism and Carcino enesis. New York: Raven Press, 1976, p.319-324. 42 5. Sterling TD, Mueller B: Concentrations of nicotine,RSP, CO and CO2 in nonsmoking areas of offices ventilated by air recirculated from smoking designated areas. Am Ind Hy& Assoc T 1988; 49:423-26 6. Vaughan WM, Hammond SK: Impact of "designated smoking area" policy on nicotine vapor and particle concentration in a modern office building. j Air Waste Manage Assoc 1990; 40:1012-17 7. Questions and Answers Regarding Eliminating Smoking in Restaurants Americans for Nonsmokers' Rights, Berkeley, CA, February 5, 1992. 8. Repace JL, Lowrey AH: An indoor air quality standard for ambient tobacco smoke based on carcinogenic risk. NY State T Med 1985; 85:381-83 9. Teschke K, Hertzman C,Van Netten C et al.: Potential exposure of cooks to airborne mutagens and carcinogens. Env Res 1989; 50:296-308 10. Husgafvel-Pursiainen K, Sorsa M, Engstrom K et al.: Passive smoking at work: biochemical and biological measures of exposure to environmental tobacco smoke. Int Arch Occup Environ Health 1987; 59:337-45 11. Maclure M, Katz RB, Bryant MS et al.: Elevated blood levels of carcinogens in passive smokers. Am T Public Health 1989; 79:1381-84 CHAPTER 3 1. Doebbert G, Riedmiller KR, Kizer KW: Occupational mortality of California women, 1979-1981. West T Med 1988; 149:734-40 2. Andersen AA, Bjelke E, Langmark F: Cancer in waiters. Br T Cancer 1989; 60:112-15 3. Menck HR, Henderson BE: Occupational differences in rates of lung cancer. TOM 1976; 18:797-801 4. Dimich-Ward H, Gallagher RP, Spinelli JJ et al.: Occupational mortality among bartenders and waiters. Can T Public Health 1988; 79:194-97 5. Lynge E: The Danish occupational cancer study, in: Prevention of occupational cancer. International symposium. International Labour Office, 1982, p. 557-568. 6. Williams RR, Stegens NL, Goldsmith JR: Association of cancer site and type with occupation and industry from the Third National Cancer Survey interview. T" CI 1977; 59:147-85 43 i , 7. Zahm SH, Brownson RC, Chang JC et al.: Study of lung cancer histologic types, occupation, and smoking in Missouri. Am T Ind Med 1989; 15:565-78 8. Sterling TD,Weinkam JJ: Smoking characteristics by type of employment.TOM 1976; 18:743-54 9. Levin LI, Silverman DT, Hartge P: Smoking patterns by occupation and duration of employment. Am 1 Ind Med 1990; 17:711-25 10. COMS II. California Occu ational Mortal it 1979-1981. Adjusted for Smokin Alcohol and Socioeconomic Status.California Department of Health Services,Health Data and Statistics Branch, Health Demographics Section, December 21, 1989. CHAPTER 4 1. Shimp v. New Terser Bell 368 A.2d 408 2. Smith v. Western Electric 643 S.W.2d 10 (Mo. App. 1982) 3. Lee v. State of Massachusettsf Superior Court, Bristol County, Case No. 15385 4. Pletten v. U.S. Army. Merit Systems Protection Board, June 18, 1981 5. Vickers v. Veterans Administration 549 F. Supp. 85 (W.D. Washington 1982) 6. County of Fresno v. Fair Employment and Housing Commission 277 Cal. Rptr. 557 (Cal. App. 5 Dist. 1991) 7. Ubhi v. State Compensation Insurance Fund (Cat 'n' Fiddle Restaurant), No. SFO- 0341691 (Cal. Workers' Compensation Appeals Board 1990) 8. Kufahl v. Wisconsin Bell Inc. 6.2 Tobacco Products Litig. Rep.8.23(Wisconsin Labor and Industry Review Commission 1990) 9. Brooks v. TWA and Liberty Mutual Insurance 76 SF 257-975 (California Workers' Compensation Appeals Board 1976) 10. Bena v. Massachusetts Turn ike Authority, 7.1 Tobacco Products Litig. Rep. 8.1 (Massachusetts Department of Industrial Accidents 1991) 11. Toha nnesen v. De artment of Housing Preservation and Development 546 N.Y.S.2d 40 (N.Y. App. Div. 1989) 44 12. Schober v. Mountain Bell Telephone 630 P.2d 1231 (N.M. Ct. App. 1980) 13. Carlson R: Toward a Smoke-Free Workplace New Jersey Group Against Smoking Pollution, Inc., Summit, NJ, 1985 14. Testimony of Action on Smoking and Health before Committee on Transportation and Environmental Affairs, District of Columbia Council, April 2, 1984 .15. McCarthy v. State of Washington 759 P.2d 351 (Wash. 1988) 16. Alexander v. Unemployment Insurance Appeals Board (1980,2d Dist) 104 Cal. App. 3d 97, 163 Cal. Rptr. 411, 14 ALR4th 1229 17. McCrocklin v. Employment Development Department (1984, 2d Dist) 156 Cal. App. 3d 1067, 205 Cal. Rptr. 156 18. Appell v. Morristown Board of Education, AT C81-3036 (State of NJ Division of Unemployment Compensation 1981) 19. Lapham v. Commonwealth Unemployment Compensation Board of Review, 519 A.2d 1101 (Pa. Commw. Ct.), 529 A.2d 1084 (Pa. 1987) 20. Daynard RA, Sweda EL,Jr.: Redressing injuries from secondhand smoke.Trial 1992; 28:50-54 21. Blum A: P.I. lawyers file several suits over secondhand smoke. Natl Law T 1990; 12:3,41 22. Marcotte P: Passive smoking claims increasing. ABA Journal 1990; 76:34-5 23. "Smoking liability scares employees,' LA Daily Toumal, November 14, 1991. CHAPTER 5 I. Economic Impacts: Southern California Press Clippings in packet provided to Oakland City�Council by tobacco industry lobby, 1992. 2. Economic Impacts of Local Smoking Bans: Expanded Data and Analyses in packet provided to Oakland City Council by tobacco industry lobby, 1992. 3. Economic Im acts of Smoking Ban in Bellflower California. Analysis of Survey ata. February-May 1991. Prepared for Mayor William Pendleton, May 16, 1991. �— 45 r 4. Preliminary Anal sis of the Im act of the Pro osed Los Angeles Ban on S ioking in Restaurants, Laventhol and Horwath, Certified Public Accountants, October, 1990. di 5. Glantz SA, Smith LRA: The effect of ordinances requiring smoke free restaurants on restaurant sales in California. Institute for Health Policy Studies,School of Mecine University of California, San Francisco, March, 1992. , f� r CHAPTER 6 1. Cooperation is Better than -Leizislafion. Washington, DC: The Tobacco Institute• �I undated. Information sheet. 2. Informational Packet. Involuntary Smoking. Conservation Law Foundation of New England, Inc., 1985. 3. Davis RM, Boyd GM, Schoenborn CA: 'Common courtesy' and the elimination of passive smoking. Results of the 1987 National Health Interview Survey.JAMA 1990; 263:2208-10 4. Jason LA,Holton EM: Attempts to establish nonsmoking sections in restaurants. Am I Public Health 1988; 78:987 5. Lefcoe NM, Ashley MJ, Pederson LL, Kea s The health risks of passive smoking. The growing case for control in enclosed environments. Chest 1983. 84:90-95 6. Olshansky SJ: Is smoker/nonsmoker segregation effective in reducing passive inhalation among nonsmokers? Am T Public Health 1982; 72:737-9 7. Sterling TD, Mueller B: Concentrations of nicotine, RSP, CO and CO2 in nonsmoking areas of offices ventilated by air recirculated from smoking designated areas. Am Ind Hyg Assoc T 1988; 49:413-6 S. Repace JL, Lowrey AH: An indoor air quality standard for ambient tobacco smoke based on carcinogenic risk. NY State I Med 1985; 85:381-3. 9. Vaughan WM, ,Hammond SK: Impact of "designated smoking area" policy on nicotine vapor and particle concentrations in a modern office building. T Air Waste Manage Assoc 1990; 40:1012-17 10. Slavin RG, Hertz M: Indoor air pollution: A study of the 30th annual meeting of the American Academy of Allergy. Unpublished data. 11. Repace JL: The problem of passive smoking. Bull NY Acad Med 1981; 57:936-46 i 46 i . r 12. Repace JL, Lowrey AH: Indoor air pollution, tobacco smoke, and public health. Science 1980; 208:464-72 13. Morgan PP: Time for action on passive smoking. Can Med Assoc T 1982; 127:810-11 CHAPTER 7 1. Adapted from Maior Smoking Ordinances Requiring Certain Environments to be 100% Smokefree. Americans for Nonsmokers' Rights, Berkeley, CA, July, 1992. 2. 1990 Census of Population and Housing. Summary of Population and Housing Characteristics. California. US Department of Commerce. Bureau of the Census. CHAPTER 8 1. Begay ME, Glantz SA: Political expenditures by the tobacco industry in California state politics from 1976 to 1991. Institute for Health Policy Studies, University of California, San Francisco, September, 1991. r 47 WORK PLACES �r z s t^ w � J Q s d w N LL M.z LL N Ol J J h QN ZW LL c� �- w i - I B O Dan o k�m Ivor W I NC7 TO JUMP I M JUST IFOL.LOWIWo, THS NEW SMOKING CODG. I , 'O 0 .ar�r■rr� ANNUAL COST TO BUSINESS FROM ONE EMPLOYEE SMOKING 1980 DOLLARS Source of Costs Absenteeism $220.00 Medical Care $230.00 Lost Earnings (Early death/disability) $765.00 Higher Insurance (Not Medical) $90.00 On job time lost from smoking $1820.00 Property damage (smoke/fire damage) $500.00 Maintenance (Smoke Damage, Litter Cleanup) $500.00 Damage to others by involuntary smoke $486.00 TOTAL $4611.00 Source: Dr. William Weiss, "Can You Afford to Hire Smokers?", Personnel Administrators, May 1981 . Helping you breathe a little easier SMOKING AND BUSINESS ❖ Cigarette smoke contains over 4,700 chemicals, some of which are treated as hazardous when emitted into outdoor air by toxic waste dumps and chemical plants. (Environmental Protection Agency, "Indoor Air Facts No. 5: Environmental Tobacco Smoke" June 1989) + The average smoker smokes two cigarettes per hour,taking about 10 minutes per cigarette. It takes only a few smokers to release a steady stream of smoke into the workplace. (Environmental Protection Agency, "Indoor Air Facts No. 5: Environmental Tobacco Smoke" June 1989) ❖ In many industries, carbon monoxide or cotton fibers combine synergistically with cigarette smoke to increase the risk of disease. (Prentice Hall Information Service, 1989) 4- Dr. William Weiss, Chairman, the Accounting Department at the University of Seattle • Business School estimates that a smoker costs the employer$4,611 each year. Of these costs, approximately $1576 would be eliminated each year (per smoker) by going smokefree: nonhealth insurance premiums $ 90 property damage 500 maintenance 500 secondhand smoke 486 (American Lung Association, "Toward a Smoke-free Workplace," 1985) ❖ A growing number of insurance companies offer premium reductions in life, health and fire and casualty policies to smokefree workplaces. ••• Smoking in the workplace may increase an employers workers' compensation costs. Non- smoking employees have received settlements in workers' compensation cases based on their exposure to secondhand smoke in the workplace. A nonsmoking waiter in Sausalito received an $85,000 settlement in a workers' compensation case, a Wisoncsin Bell em- ployee recieved $23,400 in workers' compensation payments. 4- There is a growing trend to eliminate smoking in the workplace. In a 1991 survey by the Bureau of National Affairs and the Society for Human Resource Management,3470 of com- panies had eliminated smoking in the workplace,compared to 77o in 1987,and 2% in 1986. (The Bureau of National Affairs, "SHRM-BNA Survey No. 55 Smoking in the Workplace:1991" 8/29/91) Compliance with workplace smoking policies is high. The BNA-SHRM'survey found that seven out of 10 companies with smoking policies indicated that employees"rarely" (50%) or "never" (20'/o) violate smoking rules. (The Bureau of National Affairs,"SHRM-BNA Survey No. 55 Smoking in the Workplace:1991" 8129/91) 4.92 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (415) 841-3032 / FAX (415) 841-7702 Costs and Benerits o f Smokin g Restrictions in the Workplace . An interview with Q: Is it possible to save money by restricting smoking in the workplace? M William Weis, Ph.D., A: Yes, but obtaining data on cost savings associated with workplace smoking control CPA, Albers School of restrictions is difficult. Most economic studies examine the excess costs borne by •� , Business, Seattle companies as a result of having smokers on their payrolls. Estimates of the excess annual University cost per smoking employee vary by an order of magnitude, but even conservative estimates arc substantial: $1,000 per smoker per year. Q: Are employers motivated primarily by costs in implementing policies? A: No. Employer surveys show that most workplace policies are implemented largely for reasons unrelated to cost: to protect the health of employees and ensure a safe working environment; as a reaction to nonsmoking employees' demands for a smoke-free working environment; or fear of possible legal liability for illnesses caused by exposure to environmental tobacco smoke in the workplace. Workplace smoking restrictions arc an emerging trend of the 1980's, and arc becoming more widespread because of the knowledge that the health of nonsmokers is endangered by the smoke of others. Because restrictions are a relatively new phenomenon, they have not been fully evaluated. Q: Are ltealth care costs a factor in this trend toward smoke-free workplaces? A: Definitely. The Surgeon Gencral has identified active smoking as the Nation's single most important preventable cause of disease and preventable death. About $16 billion is spent each year on smoking-related medical costs—and businesses pay about 80 percent of all health insurance premiums. Many employers are convinced that smoke-free workplaces ,:,v,.,,;,.•Y,•.T;,, provide,extra incentives for employees to stop smoking altogether, and that having more and more nonsmokers in their work force eventually will translate into reduced health care costs =�' • " for the company. ' l:f:•'.":4� •4.11 't;�'t.•'r'nS{•�f..Ci Recognizing that employees of smoke-free companies overall may be healthier year-round, " '� ? ::; t• many insurers are inclined to give those companies a break,on premiums. Some fire and Vii?:���.•.:✓:r i�`};1r.'.:r :.:�� :.•-:�:;:.:;-�+:. casualty companies, for example, will cut their premiums by 50 percent. New York Life - reduces its annual premiums on commercial disability policies by $150 per nonsmoking cmploycc. And Blue Cross-Bloc Shield of Minnesota gives a 22 percent discount on premiums for insured nonsmokers. Q: What are other economic motivations for employers to implement workplace i t" " '�'•'r''' j smoking policies? A: Smoking policies of past decades focused on preventing fires or explosions around I`i flammable materials, and protecting machinery and products rather than protecting employee health. Similarly, employers with office smoking policies today realize cost savings because computer equipment, furniture, carpets, and other furnishings last longer in Smoking a smoke-free environment with less maintenance. Policy: Questions Q: Obviously, the rewards of implementing a policy can be great—but at what cost to the employer? and A: Implementation costs depend on the characteristics of the company. Variables include Answers the size and layout of the physical plant, the number of employees, and the type of policy desired. Support for employee cessation programs, hiring a policy consultant, and public No. 4 in relations and education costs arc all real expenses to management. However, cost savings to a series employers from reduced ventilation system energy demands and other factors may counterbalance these expenses. Q: What is the effect of smoking Government's Office on Smoking and restrictions on labor productivity? Health, found that a majority of both A: Some people argue that workplace smokers and nonsmokers regard policies can lower productivity because of environmental tobacco smoke as a health excessive employee smoking breaks. hazard. In addition, a vast in of ° However, to the extent that these policies nonsmokers and almost half of current tend to aid many employees in successfully smokers report that they are annoyed by the quitting, it is likely that labor productivity cigarette smoke of others. Therefore, many increases through reductions in absenteeism employees prefer not to be exposed to the and turnover and through increased smoke of others and likely would view a productivity of these workers. That's nonsmoking environment as a job benefit. because smokers are absent from work 50 The company profits from improvements in percent more often than nonsmokers, have twice as many on-the-job accidents, and are employee job satisfaction, the ability to • 50 percent more likely to be hospitalized recruit healthy, highly motivated employees, than workers who do not smoke. and a general polishing of "corporate Furthermore, nonsmokers formerly bothered image: by coworkers' smoke may also be happier, For more information about tobacco use and healthier, and more productive. advice on smoking cessation, call the ... Q: Does a nonsmoking environment Cancer Information Service at appeal to most employees? 1-800-4-CANCER (in Hawaii on Oahu call 524-1234; call collect from neighboring A: Without question. The 1986 Adult Use islands). of Tobacco Survey;conducted by the TIONAL This Q&A sheet was produced by the National SMOKING TITUTE Cancer Institute in cooperation with the Smoking POLICY Policy Institute (P.O. Box 20271, Seattle, INSTITUTE M WA 98102, phone 206-324-4444). Safeguarding Workplace uardin the Wor g . p eat azar s o - Secondhand S Stanton A. Glantz and Richard A. .Daynard onsmokcrs who think they sivc chemicals that collect in the small to eliminate it from indoor cnviron- have been injured by sec- air sacs in the lungs where blood absorbs ments by filtration or ventilation. In- ondhand smoke may be the oxygen from air.These compounds dam- deed,in modern office buildings where next big wave of tobacco age the air sacs.When absorbed into the the air is recirculated to conserve energy, plaintiffs. This article explains why cn- blood and transported to other parts of the ventilation system spreads careino- vironmental tobacco smoke poses health the body, they can induce a variety of gens and toxins from the tobacco smoke hazards that cannot be ignored. diseases. throughout the building.' Even if one A burning cigarette is a small chemical cannot smell the tobacco smoke, the factory that fills the air with more than Involuntary Smokers levels of carcinogens and other toxins 4,000 chemicals. Among them arc 43 The smoker is not the only person can be hundreds of times above what known carcinogens and over 400 other who inhales the thousands of chemicals would normally be.found in outdoor air. toxins,including nicotine,an addictive in cigarette smoke.A lit cigarette spends According to the U.S. Surgeon Genet- drug. about 90 percent of its time idling rash- al's 1986 report on the health eonse- Cigarette smoke is a complex mixture cr than being actively inhaled.Sidestrcam qucnces of involuntary smoking, "The of hot gases and particles of various sizes. smoke from the lit end of the cigarette simple separation of smokers and non- One gas is carbon monoxide—a colorless, pollutes the air surrounding the smoker. smokers within the same air space may odorless poison that binds to hcmoglo- The combination of sidcstrcam smoke reduce, but does not eliminate, the ex- bin, the oxygen-carrying clement in red and exhaled mainstream smoke is known posure of nonsmokerz to environmental blood cells,and reduces the blood's abil- as secondhand smoke or environmental tobacco smokc.."2 ity to carry oxygen. tobacco smoke(ETS). Nonsmokers who Large particles, collectively known as breathe ETS arc called passive smokers Health Effects "tar," gravitate to branching points in or involuntary smokers. The World Health Organization rc- the lungs much as debris collects in a When the cigarette is not being smoked, ccntly issued a conservative summary of stream at branching points. These tars it is burning at a low temperature.This the proven health effects of exposure to contain many of the carcinogenic com- leads to much dirtier combustion than ETS: pounds in smoke that increase the risk when a smoker is sucking on the ciga- of the smoker's developing lung cancer. rctte, drawing oxygen through the lit Respiratory symptoms,signs and Smaller particles also contain carcino- end and increasing.thc burning temper- function:ACUtc respiratory illness in Sens as well as many itzirants and corro- ature.Hotter fires bum cleaner and pro- early childhood; chronic cough, duce less air pollution. Because side- pWcgm,and wheeze in children;chron- Stanton A. Glantz it prmfessor of medicine stream smoke is produced with dirty is middle car effusions in children;re- at the Univcni o G i is San Fmrxu- combustion and does not have the ben- Lion i leads and growth lc lung func- tY f � Lion in children;reduced levels of lung co.Richard A.Daynanl,a prvfctrorat North- edts of being filtered by the cigarette it- function in adults;increased bronchial cac m University School of Lam, Boston, self, it is much dirtier than the main- hypcncsponsivcness(asthmatics);in- chairs the Tobacco Products Liability Project stream smoke that the smoker inhales. creased symptoms and decreased level acrd edits the Tobacco Products Litigation Tobacco smoke is such a complicated of lung function in asthmatics Reporter. pollutant that it is virtually impossible Irritant cffccrs:Eye,nose,throat TRIAL JUNE 1991 37 • Malignancy: Lung cancer search Council of the National Academy cer relationship. (Meta-analysis combines • Childhood development: Low of Sciences,along with similar authori- the results of earlier epidemiological birth weight;slowed lung maturation; tics elsewhere in the world, issued re- studies to increase the statistical power decreased attained height. ports that year concluding that ETS did and accuracy of results.) Wald stated, Furthermore,individuals with prc- indeed cause lung cancer.a ' existing health conditions, such as tifi Non-smokers who arc exposed to en- as clash between the scientific con- vironmcntal tobacco smoke absorb asthma,bronchitis,cardiovascular da sensus on the effects of ETS and the case,rhinitis,colds,and allergies,often , tobacco products into their blood and report more severe injuries due to sec- tobacco industry's worldwide di'sinfor- tissues,and their urine contains chemi- ondhand smoke than do healthy adults. mation campaign on the issue produced cals that arc mutagenic,that is chcmi- It should be remembered that non- a major legal confrontation leading to cats that can induce change in the ge- smokers arc also exposed to the same a landmark opinion this past February. nctic material in a manner that is occupational agents as arc smokers. On July 1, 1986, the Tobacco Institute thought to be fundamental to the ini- Certain chemicals in ETS may interact of Australia(ITA)ran an advertisement tiation of cancer.It is known that ac- with other workplace toxins such as in several Australian newspapers similar tive smoking causes a strong effect in asbestos thereby endangering the non- to ads that many multinational com- which thc.risk of lung cancer is some smoker. ETS substantially augments 14 times that in non-smokers.It is the already existing indoor air pollution panics were running in the United States accepted scientific view that exposure concentrations of RSP,benzene,acro- to carcinogens does not have a thresh- lein,N-nitrosamine,pyrene, nitrogen old below which there is no effect and oxides and carbon monoxide. Thus thcrcforc one would expect that non- the effects of tobacco on health are The smoker is not the only smokers who inhale environmental often superimposed on the health cf- person who inhales the tobacco smoke would have at leapt fccts of certain working conditions, thousands of chemicals in some increased risk of lung cancer. making their cumulative effects even cigarette smoke. The conclusion that the excess risk is more dramatics of the order of 30-50 percent is plau- sible in the Gght of the much higher Even this extensive list is incomplete. risk of lung cancer due to active smok- Over the past 10 years an increasing num- and elsewhere.The Australian ad stated ing. Given all the evidence I believe bet of epidemiological studies of the that"there is little evidence and nothing that the conclusion that breathing other people's smoke is a cause of lung health consequences of ETS.exposure which proves scientifically that cigarette cancer is scientifically sound.12 have yielded positive results.Reccnt medi- smoke causes disease in non-smokers." cal literature suggests that brain tumors, The Australian Federation of Consumer Morling summed up the scientific dem- cervical cancer,,and cardiovascular dis- Organizations (AFCO) demanded that onstration this way: ease—all potentially fatal—can also be TIA retract its statement and agree Once it is accepted: caused by exposure to secondhand never to run it again.When the institute (a)that passive smoking involves in- smoke.'There is a strong synergistic ef- refused,AFCO sought an injunction in halation of environmental tobacco fect of combined radon and ETS expo- the Federal Court of Australia under the smoke which contains carcinogens; sure in the causation of lung cancer.' Trade Practices Act to prevent TIA from (b) that there is no safe threshold Furthermore,a fetus suffers a variety of repeating these assertions.' level of exposure to carcinogens; harms if the mother smokes or if she is Justice T.R.. Morling heard testimony .(c)that some of the studies referred exposed to secondhand smoke during and arguments during 91 trial days over to in the primary articles show a sratis- her pregnancy.6 a 10-month period between November tically significant association between Indeed, given that nonsmokers who 1989 and September 1990. Morling re-' spousal smoking and lung cancer,and arc forced to share air space with a viewed all relevant scientific studies; (d)that dies discloses of the results smoker end up breathing the same tox- heard 16 expert witnesses in Sydney, in sucfi studies discloses a scrtistically significant (adjusted) risk ratio of ins (albeit in different quantities), it is including four Americans flown in by about 1.53(Wald et al.)or 1.42(Na- likely that all of the diseases caused by the defendant;and went to London to tional Research Council report) for active smoking can also be contracted hear four distinguished epidemiologists— non-smokers living with smokers com- from passive smoking. two American and two British—as rebut- pared with non-smokers not exposed tal witnesses.10 to environmental tobacco smoke;then Lung Cancer His 210-page opinion of February 7, my conclusion must be that there is The best-known fatal health conse- 1991, granted the injunction." It in- compelling scientific evidence that quence of breathing ETS is lung cancer. eluded detailed analyses of the evidence cigarette smoke causes lung cancer in Yet the first studies documenting this relating passive smoking to lung cancer, non-smokers.13 relationship were published only 10 years as well as to asthma, middle-ear infec- ago.' - tions,and respiratory disease in children. Heart Disease The tobacco industry used its usual In each case,Morling rejected the resti- In terms of public health impact be- resources—in-house scientists, press con- mony of the defense witnesses,conclud- yond lung cancer, the most significant tacts,full-page"informational"adver- ing that there was"compelling"or even adverse health effect of ETS is that it tisements—to deny the link. But by "overwhelming" evidence of the vari- causes heart disease in healthy nonsmok- 1986 nine additional epidemiological ous causal relationships. crs. Evidence for this is similar to that studies had found a positive association Morling cited Professor Nicholas Wald's used in 1986 when the Surgeon General between ETS and lung cancer.The U.S. testimony about his 1986"meta-analy- concluded that ETS causes lung cancer - Surgeon General and the National Re- sis"of the studies of the ETS/lung can- in healthy nonsmokers. �n -T-n TAT TT TA Tr IAA1 - Thirteen epidemiological studies, con- kills about 37,000 each year by inducing including burning eyes,sore throat,and ducted in a variety of locations, reflect heart disease.Estimated U.S.deaths from headache—arc all physiologic reactions a 30 percent increase in risk of death from passivc smoking—including those from of the body to insults associated with heart disease in nonsmokers living with heart disease, lung cancer, and other breathing in the toxins and irritants in smokers.l' The larger studies demon- canccus—tota153,000.This makes pas- smoke.These symptoms arc the body's strate a dose-response effect,confirming sive smoking the third-leading prevent- early warnings that ETS is dangerous— the causal nature of the association. able cause of death,behind active smok- and can be lethal. The epidemiological studies arc com- ing and alcohol abuse. In most jurisdictions, tobacco com- plemented by a variety of physiological The biological mechanisms by which panics can be held strictly liable for the and biochemical data from human studies secondhand smokc causes injuries arc foreseeable injuries their products cause that show that ETS adversely affects similar to those observed in smokers. to innocent bystanders—thc passive smok- platelet function and damages cells lin- Because nonsmokers' bodies have not crs. Morc than 50,000 ETS victims arc ing Elie inside of the arteries, increasing adapted through chronic exposure to dying each year,and many more arc suf- the risk of heart disease. ETS also rc- the poisons in cigarette smokc,nonsmok- fering serious and even disabling diseases. duces the body's ability to deliver and crs arc more sensitive to some of the ill Lawsuits by ailing nonsmokers or their use oxygen. effects of secondhand smoke. That is survivors may well be the next wave of Animal experiments show that ETS not to say that passive smoking is worse toxic torts litigation. ❑ also depresses cellular respiration at the than active smoking; it is not. The ac- basic level and accelerates development rive smoker receives a much higher dose Notes of fatty deposits on blood vessel walls. of the toxins than the nonsmoking by- u The American Society of Heating,&frigera- The number of deaths attributed to stander. But ETS is much dirtier than tion and Air Conditioning Engineers in Janu- ETS-induced heart disease is about 10. the mainstream smoke the smoker in- ary 1991 withdrew its characterization of in- door ventilation standards(ASHRAE 62-1989) times the number due to lung cancer, hales,and even low exposures appear to as"intended to avoid adverse health effects," because heart disease is much more com- have a disproportionately adverse effect admitting that ventilation alone could not prc- mon than lung cancer.Therefore,whereas on nonsmokers. vent adverse health effects from environmental passive smoking kills about 3,700 Amcd- It is important to recognize that the tobacco smoke. Z U.S.SURGEON GENERAL THE HEALTH cans a year by inducing lung cancer, it nonfatal effects of passive smoking— CONSEQUENCES OF INVOLUNTARY SMOKING 13 (1986). 3 WORLD HEALTH ORGANIZATION, . Plaintiffs Are Winning WORLD NO-TUBACCO DAY,May 1991,at 7. Slattery,Robison,Schuman,French,Abbott Secondhand Smoke Cases &Overall, C!tanttr smoking and�rure to •• Paan-c Smolt An Risk Facon for Ctrot'cal Lunar, Most passivc-smoking complaints arc Stutz of California,277 Cal.Rptr. 557 261 J.A.M.A.1593-98(1989);Takeshi Hira- now handled by workers'compcnsa- (Ct.App. 1991), the California Court yaa,GAncBn ing l Vo en with H ad Baud lion boards, but the issue is being of Appeal ruled that employees who Cohort Study in Japan,13 PREVENTIVE MED. raised in a wide range of other con- suffer from respiratory diseases—and 680(1984);Glantz&Parnilry,Parrivr Smoking texts as well. arc therefore particularly sensitive to � Harr Disease:Epidemiology, Plryriolgyy,and In Ubbi v State Compc=ha n Imur- tobacco smokc—arc physically hand- Axchemirtry, 89 CIRCULATION 1 (1991). , p,� y s Axclson,Anderson,Dcsai,Figcrlund,Janson, aiue Fund, 0Wn Fiddle Rertaumnt, icapped under the states employment Karlsson Sc Wingren,IndoorPadon Erpxmand No.SFO-0341691 (California Work- discr natiori statute.Employers arc Active and Paaivc Smoking in Relation to the Oc- ers' Compensation Appeals Board required to provide "reasonable ac- curnwa of Lnng Catwer,14 SCANDINAVIAN 1990),a nonsmoking waiter alleged commodation" for handicapped .e J•WORK,ENV' 3e.HEALTH 286(1988). that his heart attack was caused by employees. 6 John, Savitz&Sandler, Primal Exporurr to Pa=r;'Snwk"j 0-ChiUJ;wd Gurar,133 AM. cigarette smoke in the restaurant. In a child-custody case,SataJino v. J. EPIDEMIOLOGY 123 (1991). The waiter,who had no previous fam- Satalino, No. 11440 786 (N.Y. Sup. 7 wed.,Takeshi Hirayama,Non-Smoking Wiry it histo of heart of Heavy Smokers Have a Higher Risk of Lung y ry, disease,was a�vardcd Ct.,Nassau Cty.Oct. Y0, 1990), the. Ca,rar:A Snui a n 282 BRIT.MED. $95,000. New York Supreme Court said that yf"""I ' J. 183 (1981): In Kufuhl v Wurmuin Bell, has., the health risk posed by secondhand 8 U.S.SURGEON GENERAL,supra note 2,at No. 88-000676•(Wisconsin Labor smokc in the home was a factor that 247-52; NATIONAL RESEARCH COUN- and Industry Review Commission "must be considered,as would alcohol CIL,ENVIRONMF,NPAL TOBACCO SMOKE 1990),a 25-year-old woman allc cd consumption for exam 1 when vices- 9 Austri. g p p� Australial Fcd n of Consumer Otg.v.Tobacco that her allergic reaction to cigarette ing the suitability of a household Insc., 6.2 Tobacco Products Litigation Rep. - smokc had been caused by exposure environment-in which a child is to 2.77 (1991). write Box 1162, Boston, MA' in the workplace. The commission be placed" 02117. concluded that her lost advancement Finally, in McKinney a A�ulerson, 10 Doctors Dimitrios T'richopoulos of Harvard, Dwight Janerich of Yale,Nicholas Wald of the opportunities and more limited cm- 924 F.2d 1500 (9th Cir. 1991), the University of London,and Sir Richard Doll ploymcnt options amounted to a 25 court ruled that a nonsmoking pris- of Oxford University. percent earning impairment and' oner'who is forccd.to share a prison 11 Aumulian Fcd'n. Complete opinion is pub- awarded her 529,000. cell with a five-pack-a-day smoker lishcd in Tobacco Products Litigation Rep., In Coup o Ferries.v. Fair Em may be the victim of cruel and un- Id. at Wort 9. � f p�- y ►i Id. ac 134. nunr and Housing Commi Simi of the usual punishment. ❑ 13 Id at 135. 14 Sea, td., Slattery, ctA.,raps note 4. 40 TRIAL JUNE 1991 pm)was - h water Le of hip inced in in post- le COM- A pos- women ' ve been system ause, a " Aeling. e Protection From atthe Environmental e at the e bon less in_ Tobacco Smoke e in California bone.. other und n The Case for a Smoke-Free .Workplace :yle fac- Latter- :s Ron Borland, PhD; John P. Pierce, PhD; David M. Burns, MD; Elizabeth Gilpin, MS; about " s such, Michael Johnson, PhD; Dileep Bal, MD sure to such as Objective.--To determine the extent of exposure of nonsmoking indoor work- by regulations at the state and local lev- ,clative ers to environmental tobacco smoke ETS according to 9uoride (ETS) g type of work-site smoking els as well as by private-sector policies. policy,work area, workplace size, and demographic characteristics. By 1989,45 states had laws restricting ice that Design and Participants.—Participants included 7162 adult, nonsmoking, smoking in public places.In 17 of these 01 ppm indoor workers who were interviewed as part of the 1990 California Tobacco Sur- states,some restrictions were extended in the vey. Respondents were asked whether anyone had smoked in their work area to private-sector workplaces.' In a de- Nomen, within the past 2 weeks. tailed review of local ordinances in 1989, fect has Results.—An estimated 2.2 million California nonsmokers were exposed to to- Pertschuk and Shopland6 identified a to- tal of 397 city and county smoking or- i fluori- bacco smoke at indoor work sites in 1990.Nonsmoker exposure to ETS was 9.3% tal of 397 city and county smoking or- her re- for those working in a smoke-free worksite,23.2%for those working where there fifth ofthe total populaapproximately on of the United - i risk of was only a work-area restriction,46.7%for those working where there was a policy States. Three quarters of these ordi- luoride that did not include the work area, and 51.4%for those working where there was nances mandated the adoption of work- .t guide no work-site smoking policy.After adjustment for type of work area(eg,office,open P g policies; however, the area),workplace size,and demographic factors,it was determined that nonsmok- place of t strength h of these laws varied consider- '; ers working where there was only a work-area ban were 2.8 times more likely to ably, from simply requiring a written Review .be exposed to ETS than those working in a smoke-free work site In workplaces Policy to vn tually eliminating smoking heir data, r: si,;tance. °r with no policy or a policy not covering the work area,nonsmokers were over eight in the workplace. .; times more likely to be exposed to ETS than those who worked in a smoke These laws and ordinances have en- -free work site. Nonsmokers who were 18 to 24 years of age, male, or Hispanic co , and those u aged and supported initiatives by falth and private businesses to restrict smoking at ;; with less than a high school education had more exposure to ETS. �� the work site.' Employers have many - Smoking Conclusion.—These results indicate that adequate protection of nonsmokers reasons (eg, medical, legal, legislative, Iinthree _ from ETS exposure requires a smoke-free work site. 19-1625. and economic)for taking the initiative on e ernlog (J WA.1992;263:749-752) workplace smoking policies.'The likeli- 3.904. i . ker DJP. �> hood that private industry would take a •e of the SMOKING in the workplace has become have been increasingly documented.Re- workpl cer increased bw when data sho wed om the Health. ,* an important public health issue in recent search has shown that ETS increases the that the simple separation ofsmoldngand hdtWy years as the health effects of exposure to nonsmoker's risk of getting both lung nonsmoking indoor workers who use the r environmental tobacco smoke (ETS) cancer','and heart disease'as well as a same air space fails to eliminate the ex- -X h. Ain! range of respiratory illnesses.These data posure of nonsmokers to ETS.1•1 Kari T. * . culminated in the Environmental Protec- The Bureau of National Affairs,Wash- From the Center for Behavioral Research in Cancer, and the Victorian Anti-Cancer Council, Melbourne, victoria, tion Agency isstung.a draft report that ington, DC, conducted two surveys of maity of �. Australia(Dr Borland);the Center for Population Stud- identified ETS as a class A (known hu- workplaces and estimated that 54g'o of :413-420. ! ies for Cancer Provenlion,Cancer center(Dr Pierce mall)carcinogen ill 1990 4 aurancni and Ms Gilpin), and the Division of Pulmonary and Companies ill the United States had - Buorid:: ,„ Critical Cafe Medicine(Dr Burns),University of Califor- AS tl]IS CVIdCnCC accumulated smoking policies in 1987.However,con- nia.San Diego;and the Tobacco control Section,Cal- throughout the 1970s and 1980s,it was fidenee in the precision of this estimate t;Jacob- ifornia Department of Heall Services, Sacramento accompanied by considerable social ac- JAAf.t. (Drs Johnson and Bt o' is low because of a poor response rate? tion in the United States that was aimed Data from individual employees' per- I~ Reprint requests to Population Studies for Cancer , 'rPrevention,Cancer Center,University of California,La at regulating tobacco use in public spectives on workplace policies are avail- . Jolla,CA 92093-0901(Dr Pierce), places?This action has been manifested able from the 1986 Adult Use of Tobacco on et al JAMA,August 12, 1992—Vol 268,No.6 r.7 X, Environmental Tobacco Smoke—Borland et at 749 11 60 60 i �I 0 t 50 - -- -- _ - --- - -- x vi 50 ~ .G 1 t7u 40 — ur .. °n 30 -- o. 30 ------ - ------ , X h , � S, w V f a 20 - -- ------- 'sp 5�X - r o N 10 - 13. c 10 r Z sr r,ytk { t��'�1, 4,+ ; �'a Z yTrM� _� �� ',�l, . } . i a`.?I+`fY 0 1 ' 0 Private Shared Open Open No <50 250 Smoke-Free Work Area Limited None Partition Regular No.of I I Extent of Work Site Smoking Ban Type of Work Area Employees II Fig 1.—Exposure of nonsmokers to environmental tobacco smoke(ETS)by type Fig 2.—Exposure of nonsmokers to environmental tobacco smoke(ETS)by of work-site smoking policy. type of work area and size of workplace(number of employees). - Survey:45%of employed adults reported ting behavior;knowledge and attitudes the smoking policy for indoor public or some restrictions at their place of work; about the health risks associated with common areas such as lobbies, rest however, only 3%reported a total ban smoking; smoking in the workplace; rooms,and lunchrooms?"and"Which of on smoking at work.'' smoker and nonsmoker activism; atti- the following best describes the policy Previous studies evaluating work-site tudes and opinions concerning public pol- for areas in which employees work?" smoking policies have mainly focused on icy;and media exposure to public health Response choices included the follow- the influence of these policies on smoking messages and tobacco advertising. Us- ing:(1)not allowed in any;(2)allowed in behaviorrather than on exposure to ETS. ing a stratified random-digit dialingtech- some;and(3)allowed in all.On the basis Several studies have shown that smokers nique,Z0 the head of household in 32135 of the answers to the above questions, 1 smoke less when work-site smoking bans homes (response rate, 75.1%) was sur- respondents were categorized into the l are introduced.""' Although increased veyed briefly(in either English or Span- following four groups: (1) smoke-free quitting had been found in some ish) to enumerate household members work site (smoking banned completely studies,"3`-"in at least one study it was and determine the smoking status of in both public and common areas and in not seen.12 Also,some researchers have each household member. From this in- work areas); (2) work-area ban only suggested that a strong work-site smok- formation,all adult household members (smoking allowed in some or all public or ing policy may discourage smoking up- (at least 18 years of age)who were re- common areas but completely banned in take among young people just entering ported as having smoked within the past work areas);(3)other limited ban(smok- the work force.10•11,1119 After implements- 5 years were scheduled for an in-depth ing not completely banned in work ar- tion of a smoke-fi•ee policy at one institu- interview,as were 28%of nonsmokers eas); and (4) no restrictions. Respon- tion, the concentration of vapor-phase (response rate,75.3%of those selected). dents were included in the no-restric- nicotine decreased significantly in all Of the 24 296 respondents, 16197 were tion category if they answered no to the work areas and public areas except rest employed outside the home; 11704 re- first question(whether there was a pol- rooms." However, little is known con- ported that they worked primarily in- icy)or if they answered yes to the first cerning the effect of work-site smoking doors,of whom 7301 were nonsmokers. question but said that smoking was al- policies on ETS exposure in nonsmokers In this article,we confine our analysis to lowed in all areas in responding to the in the general populaton. these nonsmoking indoor workers.Sur- second two questions(extent of restric- In this study, we investigate the re- vey respondents were weighted to ad- tion). lationslip between the level of the work- just for probability of selection,and the Respondents were asked the follow- site smoking policy and ETS exposure weights were ratio-adjusted to ensure ing question about their usual work area: among nonsmoking indoor workers in that the sample was representative of "Which of the following areas best de- California in 1990 and whether ETS ex- the 1990 California population (as as- scribes the areas in which you do most posure is related to sociodemographic sessed by the 1990 census)by age,sex, of your work?" Response choices in- variables. county/region,education,and race/eth- eluded the following:private office with nicity. Details of the survey design, a door,shared office(two to four people) j METHODS weighting, and variance estimation with a door,open area with partitions, The study population was derived methods are given in a,report available open area without partitions,no regular from persons interviewed as part of the from the state of California 21 work area,and other type.Exposure to 1990 California Tobacco Survey carried Whether smoking was restricted at ETS was assessed with the question, out from July 1990 through February the respondents'work site was assessed "During the past 2 weeks has anyone 1991.This study was commissioned by using the following questions:"Doesyour smoked in the area in which you work?" the state of California to obtain infor- employer have an official policy that re- Smoking status was assessed accord- «� oration on cigarette smoking prevalence stricts smoking in any way?"If the an- ing to the standard questions for the , and other tobacco use;long-and short- swer was yes,the person was then asked, United States:"Have you ever smoked term smoking history, including quit- "Which of the following best describes 100 cigarettes?"(ever smoker)and"Do 750 JAMA,August 12, 1992—Vol 268,No.6 Environmental Tobacco Smoke—Borland et al _ �1 11 I I you,smoke,how?" (current smoker).'-'-241 Table 1.-Demographic Variables and Nonsmok- Table 2.-Logistic Regression Analysis of Non- Those answering no to either question ers'Reported Exposure to Environmental Tobacco smokers'Likelihood for Exposure to Environmental I, were considered nonsmokers. smoke(ETS)` Tobacco Smoke" We report the weighted population es- Exposed to ETS,% Adjusted Odds timates only; the figures and tables in- Demographic (95%Confidence Ratiot(95 Category No. Interval) Variable Confidence Interval) ! elude the 95%confidence limits for all the tent of smoking ban percentages and odds ratios.' Multiple Overallt 71sz zs.z (z7.a-31.0) Extent 1.0 logistic regression was undertaken to as- sex Work-area ban 2.81 (1.92-4.12) H M 3183 35.8 (32.7-38.8) Limited ban 8.57 (5.66-12.98) iI sess the odds ratios for the different in- F 3676 z2.s (zo.s-2s.o) No ban 8.46 (5.51-12.99) dependent variables of interest while ad- Age y No,of employees justing for other factors related to the de- 18-24 1192 41.9 (37.1-46.7) <50 1.0 pendent variable.' Variance estimation 2-25 5970 26.4 (24.5.28.3) work 0 .77 (0.60.0.97) area was based on the jackknife procedure., Education,y Private office 1.0 <12 400 43.1 (33.9.52.3) Shared office 1.48 (0.83-2.63) Partitioned area 1.58 (1.16.2.16) RESULTS 12 1893 33.9 (30.4-37.4) Open area 2.71 (1.63.2.96) 13.15 2406 30.1 (26.9-33.3) No regular area 2.21 (1.85-3.99) �I ETS Exposure Among Nonsmokers Sex z16 2553 18.6 (16.9-20.3) M 1.0 Overall, 29.2% of nonsmokers who Race/ethnicity F 0.53 (0.43-0.64) worked indoors r'ep0rted ETS exposure White 5126 26.1 (24.3-27.9) Age,y at the work site, which represents Hispanic toes 40.0 (34.8-45.2) 18-24 to 2-25 0.66 (0.51-0.85) 2220513 Californians. Figure 1 shows African American 355 22.7 (15.1-30.3) Ethnicity that exposure to ETS is related to the Hispanic 1.0 Asian and other 584 28.7 (23.4.34.0) type of work-site ban reported to be in Non-Hispanic 0.83 (0.68-1.01) I I! "Numbers are weighted Education,y effect. Only 9.3%of nonsmokers work- g percentages. tRespondents with complete data for all variables in <12 1.0 - ing at a smoke-free work site reported table. 12 0.90 (0.52-1.57) ETS exposure. This percentage in- 13-15 0.85 (0.51-1.42) II creased significantly to 23.2%for those probably more likely to work in private z-16 0.57 (0.32-0.99) reporting a work-area ban only (95% offices and thus have more control over "A total of 7002 respondents with complete data for all variables. ,confidence intervals do not overlap),fur- their immediate environment. Younger tOdds ratios for each variable were adjusted for all ther increased significantly to 46.7%for workers and minorities might be more other variables in the table. those reporting a limited ban, but did fikely to work in open work areas or for not increase significantly at the next smaller firms. Thus, to clarify whether just greater than 1). Educational level level(51.4%for those reporting no ban). the above trends are real and not due to was significant, but only workers who The type of work area was also related confounding with other variables,we per- were college graduates had significantly ! to the level of ETS exposure(Fig 2).Ex- formed a logistic regression analysis us- less exposure than those who did not posure was lowest for those working in a ing ETS exposure among nonsmokers as finish high school,and even for the col- _pr ivate office(19.1%)and was especially the dependent variable. lege educated,the 95%confidence limit high among those with no regular work almost reached 1. !! „area(49.2%).The size of the workplace Multivariate Analysis of !i also was related to exposure to ETS;ex- Exposure to ETS COMMENT posure was 33.8%among those working Table 2 shows the adjusted odds ra- In 1990 in California, nonsmokers in companies that employ fewer than 50 tios from the logistic regression for non- working in smoke-free work sites were people but only 24.8% among those in smoker ETS exposure for each variable less than half as likely to report being larger workplaces(Fig 2). adjusted for all the other variables in exposed to someone smoking in their 'I Exposure of nonsmokers to ETS is the table. work area than those in workplaces with shown for demographic subgroups in Ta- As expected,exposure of nonsmokers a policy that applied to work areas only. ble 1. Men report more ETS exposure to ETS was highly related to the extent A nonsmoker in a work site that does than do women(35.8%vs 22.9%);work- of the work-site smoking policy.Workers not ban smoking in work areas was more ers under 25 years of age report more in a company with a work-area ban had than eight times more likely to be ex- -• ETS exposure than do older workers adjusted odds of ETS exposure of 2.8 posed to ETS than was a nonsmoker in (41.9%vs 26.4%);and Hispanic workers times those who work in smoke-free work a smoke-free work site.The odds of ex- report a much higher level of exposure sites, and the odds increased greatly to posure to ETS differed very little be- (40.0%) than do other ethnic/racial about 8.5 for those in workplaces with a tween work sites with no policy restrict- groups.In addition,the rate of ETS ex- limited policy or no policy at all.Also,ETS ing smoking and work sites with only a posure decreases with increasing edu- exposure was related to the type of work token level of smoking restriction(ie,a cation level; workers with less than a area:every area type but a shared office restriction that does not include the work high school education report an expo- showed an odds ratio that was signifi- area). Thus, a limited policy offers no sure rate of 43.1%,while only 18.6%of cantly higher than a private office.Large advantage over no policy at all. those with at least a college education workplaces (ie, at least 50 employees) Furthermore, after adjustment for report ETS exposure. were also significantly related to ETS ex- type of work area,size of the workplace, The increased exposure to ETS re- posure,but not as strongly as the other and the extent of the ban,workers 18 to ported by men, younger workers, His- workplace variables. 25 years of age,males,and those who did panics, and those with less education Women and older workers had lower not finish high school(compared with col- could be confounded with the differential odds of ETS exposure (0.53 and 0.66, lege graduates)were significantly more distribution of these workers by the ex- respectively)than did men and younger likely to report exposure to ETS.In ad- tent of work-site policy,work-area type workers.Lower exposure odds for non- dition,there was a trend for Hispanics to (office, open area, etc), and workplace Hispanics (O.S3) were only of marginal experience more exposure to ETS. For j size.For instance,college graduates are significance(upper 95%confidence limit industries and other institutions in which i JAMA,August 12, 1992-Vol 268,No.6 Environmental Tobacco Smoke-Borland et al 751 :1 the employees arc likely to be in these de- work area during the 2 weeks before the work-site smoking policy,compared with II mographic groups, high priority should survey.Violations ofsmoldngrestrictions only 45% nationally in 1986.9 In addi- •.; be given to establishing ordinances man- may be caused either by visitors who are tion,according to the 1987 National Sur- dating smoke-free work sites. unaware of the smoking*policy or by vey of Worksite Health Promotion Ac- n In the past, the call for smoke-free workers who smoke who may not luiow tivities,"40%of employers indicated that work sites has been justified because about the ban, may not understand its they implemented a work-site policy sim- ventilation systems usually are not able provisions,or may not think that defying ply to comply with regulations, which to satisfactorily extract ETS from the the policy Nvill lead to adverse copse- has important iliiplications for tobacco- 1 air of a smoking section before it is re- quences.Certainly,a smoke-free policy is control activities. circulated through the nonsmoking sec- much less open to interpretation and Our data indicate that the only way to tion r The present study underestimates probably more readily enforceable than a protect nonsmokers' health is with a the extent of nonsmoker exposure to less restrictive policy. Previous studies smoke-free work site.The available ev- ETS because of this recirculation prob- have shown that how a policy is imple- idence indicates that bans are accepted lem as well as the exposure of employ- mented is very important to its by smokers once the bans are imple- ees to ETS in common or public areas success.18-11 Finally,the questions asked mented."Although these facts alone will and potential recall bias by survey re- in the survey may not have fully charac- motivate many employers to take fur- spondents.Thus,our results present an terized the policy at the respondent's ther action,we also must work toward es- even stronger case for the demand for a work site. tablishing local smoking ordinances that I !I smoke-free work site: Many more California indoor workers require smoke-free work sites to protect " i Over 90%of nonsmokers in smoke-free (smokers and nonsmokers) in 1990 the health of nonsmoking workers. work sites were protected from ETS ex- worked in a smoke-fi•ee work site(35.9%) posul•e.However,9%of those working in than was reported for such workers for This study was supported by contract 89-97872 I '1 a smoke-free work site and over 20%of the US population as a whole in 1986 from the California Department of Health Ser- ' those working under a work-area ban did (3%).1 In 1990 in California, 71.3% of vices,Tobacco Control Section,Sacramento. report that someone had smoked in their indoor workers reported some type of References 1. 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Sorensen G,Rigolti N,Rosen A,Pinney J,Pri- WR.Prevalence of cigarette smoking in the United cer in Adults and Respiratory Disorders in Chil- ble R. Effects of a worksite nonsmoking policy: States:estimates from the 1985 Current Popula- dren.Washington,DC:Environmental Protection evidence for increased cessation. Am J Public tion Survey.J Natl Cancer first.1939;81:409414. Agency;1990.Publication EPA 600/6-90/0006A. Health.1991;81:202-204. 25. SAS Technical Report P-200.Cary,NC:The 5. Centers for Disease Control.State tobacco pre- 14. Borland R,Owen N,Hill D,Chapman S.Changes SAS Institute;1990:175230.Release 6.04. vention and control activities:results of the 1989- in acceptance of workplace smoking bans following 26. EfronB.The Jackknife,the Bootstrap and Otlrer 1990 Association of State and Territorial Health their implementation: a prospective study. Prev Resampling Plans. Philadelphia, Pa:Society for Officials(ASTHO)Survey final Report.AIM 111R. Mcd.1990;19:314-322. 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Sorensen G,Pechacek T,Pallonen U.Occupa- Services;1982 National Institutes of Health pub- houn CR,Giacco KII,Pitchford KC.Employee smok- tional and worksite norms and attitudes about smok- lication 90-479. ing behavior changes and attitudes following a re- ing cessation.Am!Public Ilealth.1986;76:544-549. 7. Centers for Disease Control.The 11cal14 Conse- strictive policy on wor-ksile smoking in a large corn- 30. Brown RE, McCarthy WJ, Marcus A, et al. quences of Smoking,25)'cars of Progress:A Rcport pany.Public Health Rep. 1983;103:115-120. Workplace smoking policies:attitudes of union mem- of the Surgeon General. Rockville, Md: Office on 18. Hill D,Borland R.Adults'accounts of onset of bers in a high-risk industry.J Occup Afed. 1988; Smoking and Ilealth,Centers for Disease Control, regular smoking:influences ofschool,work,and other 30:312-320. Public Health Service;1989.US Dept of Health and settings.Public 11ealth Rep.1991;106:181-135. 31. 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In so doing,local ordinances will probably be preempted. In the meantime, however, the passage of strong local ordinances will prepare communities for the regulations once they occur, and contribute to greater compliance. - The process of enacting local smoking ordinances 1 V i creates an educational campaign, while the ordinance itself protects nonsmokers from exposure to ETS. Thus, local smoking ordinance campaigns combine education Members of the Advisory Board of Women and Girls Against and legislation(and meaningful local enforcement). The Tobacco (WAGAT). They met in January to mobilize women following steps can help activists pass a nonsmokers' and girls to counter tobacco industry targeting. (See page 5) rights ordinance now. ANR Chairs ETS Group at Establishing a Coalition Smoking ordinances,especially 100%smokefree or- Leadership Conference dinances,often require the support of a coalition to share the workload. ANR members, voluntary health agen- cies, and local health professionals are good places to Increasing the federal cigarette tax to $2.00 per pack start. Ideally,coalitions include members with a variety was a key goal identified by anti-tobacco leaders gath- of skills, such as teachers, attorneys, business leaders, ered in Washington,DC in January. The conference was and secondhand smoke victims. There are only two the sequel to a similar 1989 leadership conference. At- prerequisites for membership:a commitment to protect- tendees broke into workgroups to set goals and recom- ing nonsmokers, and a willingness to work. mend action for a new administration and Congress. If you are interested in starting a coalition, contact ANR Co-Director Julia Carol was appointed Co- ANR for a list of potential members. Chair of the Environmental Tobacco Smoke workgroup with Dr. David Burns of the University of California. Planning a Strategy The conference,sponsored by the American Medical Lay the groundwork before going public with your Association, the Centers for Disease Control, and the proposed ordinance. You may want to poll restaurants Coalition on Smoking OR Health(American Cancer Soci- about a smokefree ordinance. (A few vocal restaurants ety, American Lung Association, and American Heart can give the impression that all the restaurants oppose Association), included advocates, educators, research- the ordinance.) Determine how many restaurants are ers, and policy makers divided into twelve working already smokefree, and how going smokefree impacted groups. The twelve issues included ETS, Women's Is- their business. Some coalitions poll citizens,perhaps as sues,Children and Youth,Minority Issues, Excise Taxes, they leave supermarkets, about how they feel about Marketing and Promotion,International Issues,and State smoking restrictions. and Local Issues. Results will appear in a Final Report Once the coalition is ready to move forward, find a and Recommendation From the Health Community to member of the city council or board of supervisors to the 103th Congress and the Clinton Administration. sponsor the ordinance. Observe the council to help In addition to raising excise taxes,there was consen- determine who might be appropriate. Ideally, sponsors sus that reaching children is a priority in terms of both should be both committed to the issue and have a good tobacco use prevention measures and protecting children relationship with their colleagues. from exposure to environmental tobacco smoke. Continued,page 6 From Our Members Smokefree Music Letters to the Editor Presidential Ethics In January, ANR announced its national Smokefree Music Editors' Note: Many ANR members Smokefree Holland Project. The project is a coalition responded to an Action Alert in the of musicians and music patrons Dear ANR: Winter 1992 UPDATE concerning the seeking to eliminatesmokingfrom tobacco industry's ties with several nightclubs and other music ven- Clinton administration appointees. The ni g We,the only Dutch Nonsmok- following is an example of your letters. ues. The following is one of sev- ers' Rights group, receive ANR eral articles which appeared on UPDATE regularly. It is always Dear Mr. Clinton: the project in the national press. interesting and gives us valuable The Project was also featured on information about the actual situ- You are to be commended for MTV News. ation in the U.S. For instance, your declared intention to hold your special election issue gave us members of your administration SMOKE GETS IN much information about the in- to high ethical standards. Safe- YOUR EYES: fluence of the international tobacco guards against inappropriate The drums are beating just a industry in both political parties. greed appear to be in place. May little louder. Could this be the It's good that your organization I suggest that safeguards against end of smoke filled bars and does everything in its power to killing also be erected. clubs? Maybe,if the Smokefree make that clear; it helps us to do Vernon Jordan, who sits on Music Project has anything to the same work in our country. R.J.Reynolds'Board,and Michael say about it. Organized by With lots of smokefree greet- Kantor, a tobacco industry attor- Americans for Nonsmokers' in s. Rights — which ran the grass g ney,were on your transition team. roots campaign for the airline Alfons Surely you are aware that the to- smoking ban — the project's Dutch M.J. smoks bacco industry is responsible for goal is to convince nightclubs Dutch Nonsmokers' Rights more than a thousand deaths each and other music venues to go Society day in this country alone. Joseph smoke-free. So far,it has gained Americans for Nonsmokers' Rights is a national lobbying and Stalin said that a single death is a the support Of Boys II Men,En advocacy group protecting nonsmokers from involuntary smoking. ANR is a registered 501(c)(4)lobbying organization under the IRS tragedy,but millions of deaths are Vogue, Linda ROristddt, john Code. The American Nonsmokers'Rights Foundation is the 501 Lee Hooker, Richard Marx, (c)(3)educational arm of ANR. "lust statistics." Don't be lulled by ANR UPDATE Bobby McFerrin, and Tuck & Executive Editor: Mark Pertschuk Statistics. Editor-in-Chief: Julia Carol Patti. Within the past four Art Design: Julia Carol I am aware that Jordan and Artist: Tim Mancusi months,[some performers]have Americans for Nonsmokers'Rights Kantor have made their contribu- even requested that their shows Co-Director: Julia Carol tions. Nonetheless, it is obvious Co-Director: Mark Pertschuk be smoke-free, says ANR's Financial Manager: Len Casey the y have such e g re g ious ethical Mark Pertschuk. "We want to Legislative Manager: Kevin C.Goebel Education Manager: Patricia Brazil scotomata as to disqualify them Policy Analyst: Robin Hobart q Y educate patrons, OWneTS and Office Manager: Merry Weitzman from serving in the public inter- managers of concert halls,bars Staff Assistants: Pat Kates,Zelma Soriano,and Greg Heiman est. As one who voted for you, I and nightclubs so it happens as Board of Directors a matter of voluntary OliC " William Rothbard,President Richard Daynard am hopeful that future candidates Y P Y� Anne Marie O'Keefe,Vice President Carol D'Onofrio Pertschuk says. "But It will ha Dorothy P.Rice,Treasurer Peter Hanauer for appointments will be better Y P Merrill J.Matchetf,Secretary Dian Kiser pen nationwide one way or an- Sylvia Aguirre Patricia Lozada screened for contacts with the to- Glenn Barr Paul Loveday other.„ Linda Benjamin-Kline Daniel Lowenstein bacco industry, organized crime Walt Bilofsky Stanley A.Rubin Alan Blum Robert M.Stern and the like, and once such con- Marisel Brown Archie K.Suelzle USA Today,Thursday,Feb- tact is discovered the candidate ruary 4, 1993 UPDATE is published quarterly by A will be rejected. AMERICANS FOR NONSMOKERS'RIGHTS V. 2530 San Pablo Avenue,Suite J Berkeley,CA 94702 Recycled paper For more information about the ANR Leonard J. Gosink, MD Smokefree Music Project,contact Mark Any portion of ANR UPDATE may be reprinted with appropriate San Diego, California or Greg at ANR, (510)841-3032. credit to Americans for Nonsmokers'Rights. 2 NOW Legislative Update trol ordinances, adding workplace provisions. Ordi- nances banning or restricting vending machines passed FEDERAL LEGISLATION in Longmeadow, Marlborough, Medfield, and West Springfield. Other measures to protect youth passed in Burlington, Fitchburg, Lancaster, Leominster, and Excise Tax Increase: President Clinton and Treasury Norwood,and are under consideration in Acton,Gardner, Secretary Lloyd Bentson are considering raising cigarette Rutland,Wellesley,Wilmington, and Worcester. excise taxes. (See Action Alert, page 4.) Michigan: Governor Engler signed a package of '1R4_`-KIDS: Senator Lautenberg (D-NJ) and Repre- youth access legislation, including restricting vending sentative Durbin(D-IL)introduced the PRO-KIDS Act of machines. He also vetoed a smokers'rights bill. Genesee 1993. The bill makes federal offices, as well as agencies County is considering eliminating smoking in restau- serving youth which receive federal funds, smokefree. rants along with proposals to restrict youth access. War- ren eliminated vending machines except in bars. STATE AND LOCAL LEGISLATION Minnesota: Activists are working to increase the current cigarette tax of 43 cents per pack by a dollar. Arizona: A bill preempting local smoking ordi- New Jersey: Activists are lobbying to raise the state nances is being considered. It provides weak youth tobacco tax by a dollar. Senator Adler introduced a access restrictions. Tucson and Paradise Valley elimi- smokefree restaurants bill which also repeals the pre- nated cigarette vending machines except in bars. Pima emption of local restaurant ordinances. County strengthened its workplace ordinance, and vot- N�,_vv ' o!-!<: Governor Cuomo has proposed raising ers in Cottonwood will consider an initiative restricting the current cigarette tax of 39 cents per pack by 21 cents. smoking this spring. North Carolina: A "smokers' rights" law passed. California:Governor Wilson's proposedbudgetdoes North Dakota: Fargo, Jamestown, Mandan, and not attack Proposition 99, but activists expect a battle Valley City eliminated vending machines except in bars. before the budget is settled. Assemblymember Terry A bill protecting the tobacco industry from product liabil- Friedman introduced A.B. 13,which eliminates smoking ity lawsuits was introduced. in workplaces but preempts all local smoking ordinances. Ohio: A trial court ruled that Cincinnati's vending The cities of Anderson, Belvedere, Berkeley, Mill machine ordinance is not preempted by state law. Valley,and Redding passed 100%smokefree restaurant Oregon: Bend is considering eliminating smoking and workplace ordinances. The same cities also passed completely in restaurants. provisions to eliminate or severely restrict cigarette vend- Pennsylvania: Pittsburgh airport went smokefree. ing machines. Smokefree restaurant/workplace ordi- Upper Darby Township eliminated vending machines nances are pending in 13 other communities. Vending except in liquor establishments. Governor Casey an- machine restrictions are pending in S communities. nounced his support for raising cigarette taxes. Colorado: Activists defeated a bill which would have "I ex ll l�: A bill protecting the industry from product preempted local workplace ordinances. liability lawsuits passed the Senate. West Lake Hills is Florida: A coalition is forming to increase the current considering eliminating smoking in restaurants. Hous- cigarette tax of 33.9 cents per pack by a dollar. ton eliminated smoking in shopping malls. The Dallas/ DeKalb County enacted a comprehensive Fort Worth airport commission voted to go smokefree. smoking ordinance. Activists are fighting a premptive Utah: A bill was introduced to prohibit smoking in all state bill. public places,including restaurants,except in separately- Illinois: Charleston eliminated cigarette vending ventilated smoking rooms. machines except in bars. Vermont: Representative Seibert introduced a bill Maryland: Vending machine companies are appeal- eliminating smoking in restaurants and other public ing a ruling that state law does not preempt Bowie and places except small,separately-ventilated smoking rooms. Takoma Park's vending machine restrictions. Washington: Pierce and Spokane Counties are con- o_tlhii sots: A tobacco industry bill to preempt sidering smokefree restaurant ordinances. A similar local youth access ordinances failed in the Legislature, measure failed in King County after the city attorney along with a tobacco industry "smokers' rights"bill. incorrectly reported that state law preempts smoking Governor Weld's proposed budget diverts $70 mil- restrictions. State laws eliminating free tobacco sampling lion of the new cigarette tax for non-tobacco control and prohibiting smoking in cars with children present are programs,contrary to the intentions of the initiative. The pending. budget now goes to the Legislature. West Virginia: Grant County enacted a comprehen- Burlington and Hingham strengthened smoking con- sive smoking control ordinance. Action Alert Caution on Synar Amendment , ... Raise Tobacco Excise Taxes The Federal Synar Amendment requires all states to enact and enforce laws prohibiting selling tobacco to minors—or risk losing federal funds. The amendment The time is right for a big increase in federal and state may encourage stronger state action,but it may also give cigarette excise taxes. ANR and other health groups are the tobacco industry enough leverage to pass bad mea- asking for a minimum$2.00 per pack federal tax. In exit sures masquerading as good youth access bills. Arizona polls on election day,voters indicated more support for is already considering a dangerous Trojan Horse bill. increasing tobacco taxes than any other revenue increase. Strong youth access bills have the following provi- sions: groups, including the Children's Defense Fund, are suggesting raising tobacco taxes by a dollar or more. (1) above all, absolutely no preemption of local Contact your U.S. Senators and Representative. (For ordinances; help,contact Mark or Kevin at ANR,510-841-3032.) Here's (2) eliminating cigarette vending machines (not in- how to reach President Clinton and Secretary Bentson: effective locking devices or supervised machines); (3) no criminalization of minors (let the merchants President Bill Clinton Lloyd Bentson The White House Secretary of the Treasury be penalized,not the kids); Washington, DC 20500 1500 Pennsylvania Avenue,NW (4) licensing of tobacco retailers; and (202) 456-1414 Washington, DC 20220 (5) periodic inspections with under-age purchasers (202) 566-2533 to monitor the law. Urge your state legislators to exercise caution in Especially vital are members of the House Ways and implementing and enforcing the Synar amendment. Means Committee and Senate Finance Committee.Those members are: New York Stadiums House Ways&Means: Gibbons(FL);Pickle(TX);Rangel(NY);Stark (CA); Jacobs (IN); Ford (TN); Matsui (CA); Kennelly (CT); Coyne Contracts between New York City and Shea/Yankee (PA); Andrews (TX); Levin (MI); Cardin (MD); McDermott (WA); Stadiums allow the Parks Commissioner to remove"sign Kleczka(WI);Lewis(GA);Payne(VA);Neal(MA);Hoagland(NE); or advertising matter...which is not in keeping with the McNulty(NY);Kopetski(OR);Jefferson(LA);Brewster(OK);Reynolds character and dignity of the Stadium Facility." (IL); Archer (TX); Crane (IL); Gradison (OH); Thomas (CA); Shaw (FL); Sundquist (TN); Johnson (CT); Bunning (KY); Grandy (IA); We believe that ads which sell addiction,disease,and Houghton (NY); Herger (CA); McCrery (LA); Hancock (MO); death are hardly dignified. Write the Parks Commis- Santorum (PA). sioner and urge the removal of all tobacco ads: The Honorable House of Representatives, Washington, DC 20515 Betsy Gotbaum Senate Finance: Moynihan(NY);Baucus(MT);Boren(OK);Bradley Parks Commissioner ; Department of Parks &Recreation (NJ); Mitchell Pr or AR (( ) y )' Rie le MI g ( )' Rockefeller WV ,( ) The Arsenal, Central Park Daschle(SD);Breaux(LA);Conrad(ND);Packwood(OR);Dole(KS); Roth(DE);Danforth(MO);Chafee(RI);Durenberger(MN);Grassley New York,NY 10021 (IA); Hatch (UT); Wallop (WY). The Honorable U.S. Senate, Washington, DC 20510 Massachusetts'Tobacco Tax Revenue You may also contact your Governor and state legislators to encourage them to raise your state excise tax on tobacco. Governor William Weld's budget attempts to inap- propriately divert$70 million of the new cigarette tax for existing programs rather than the tobacco prevention Pending Smoking Ordinances and control programs outlined in the initiative. Write Governor Weld and your legislators and urge Arizona: Cottonwood them to fund programs to prevent and reduce tobacco California: Burlingame, Chino Hills, Davis, Los Angeles, addiction. For the name and address of Massachusetts Madera County,Millbrae,Petaluma,San Diego,San Jose,San legislators,contact the American Cancer Society at(617) Mateo,Santa Barbara, Sausalito, Stanislaus County 267-2650. Letters to Governor Weld may be sent to: Michigan: Genesee County Oregon: Bend Governor William Weld Texas: West Lake Hills The State Capitol Washington: Pierce County, Spokane County Boston, Massachusetts 02133 4 International Update Thumbs /Thumbs Australia: Cricketer Greg Mathews was fined $8,000 by the To the National Foundation for We gratefully acknowledge the follow- Australian Cricket Board for partici- Ak Women Business Owners k ing contributors of$100 or more since pating in an anti-smoking advertise- (NFWBO) for rejecting a donation our last issue of UPDATE. ment. The Board's mains sponsor is P from Philip Morris. A letter return- American Heart John E.Jardine,Jr. Benson and Hedges cigarette brand. ing PM's check stated, " [a] resolu- Association &Mary A.Rose American Israel Warren W.Jones Austria: Austria's Health Minis- tion of our Board ... prevents the Anti-Smoking society Henry J.Kaiser,III ter,Dr.Michael Ausserwinkler, ro- Arkansas Deptartment Joh Quentin Kansil p Foundation from accepting contri- of Health Mrs.John Keenan posed a broad anti-tobacco educa- butions from tobacco companies." Mr.&Mrs.Robert Ayres Francis R.Kerr,Jr. tion and policy campaign,including Richard Bach EllenKippel Bancroft-Whitney Co. &Ken Donohew a proposal to limit public smoking. or To Iowa Senate Republican Warren&Margaret Ralph&Majorie Koldinger Canada: The Quebec Court of Barham Peter K.Lathrop Leader Jack Rife, for a plan to Russell L.Baris Pamela&Allen Lechtman Appeals upheld the constitutional- pp p convert a room reserved for nursing Dr.Larry Barr Jane Levinsohn Simi&Andy Barrad SuSu Levy ity of Canada's ban on tobacco ad- mothers in the Capitol building into Otto Best Rodger P.Lewis,M.D. vertisin .Canadian Officials are also Joan Beuchel Richelle Lieberman g a smoking room. According to Jack, William R.Bigge Christopher Lovelock encouraging the United States to "More people smoke than nurse ba- WalterBilofsky Daniel Lowenstein match Canada's higher tobacco ex- Jane Blumberg-Goldberg J.Russell Mann,M.D. g bies, and this would keep smokers Joseph E.Bodovitz Merrill J.Matchett cise tax. from having to go out in the cold." Mark Boettger Janice Maxwell Rose-Marie Boller Mildred Mayne France: A broad national law Mrs.Gita S.Braude David McRitchie limiting smoking in the workplace To the President and first lady Richard Breidenbach B.Meislin Helene&Bob Brown Mark J.Mendell and public places, including cafes for banning smoking in the Kenneth J.& Paul J.Meyer and restaurants, went into effect Susan E.Brown Kathleen Morrow White House,a policy announced In Dr.David M.Brown Oliver C.Morse,Ph.D. smoothly. According to an article in January by Hillary Clinton. Burkel Equipment Co. Hallam G.Murray The New York Times,"to everyone's Joel T.Campbell Carol Jean Newman Frieda Caplan, Nancy Nye surprise, no shots were fired." Frieda's Inc. Nancy O'Connor p � To R.J. Reynolds for expanding Daniel Cates Larue Olsen Germany: From January to Au- its Joe Camel marketing cam- Mr.&Mrs.R.James Dr.Lavonne Painter gust 1992 German cigarette sales Cayton Michael L.Parker g o g paign, in spite of evidence that the Robert Clark Dorothy Rice dropped 9/o compared with the same campaign targets children as young Francine M.Cohn Jane Ross eriod in 1991. Daisy Cross William I.Rothbard p as three to six years. MarietteCumutt-Zutter Lois M.Samson &Jean-Marc Cumutt Mary Sandberg CarolD'Onofrio Lyndon Sanders Women and Girls Against Tobacco 'j Charles Dicken Peter S.Schwedock Marjorie Dovman John&Lynn Seirup Mrs.Leah Rae Edleson Craig Siegel Stanley Eisenberg John Sjogren ANR's Julia Carol is Co-Project Director for the newly formed Jack rg Lynn smith Mrs.Alice C.Fick David S.Smith g (WAGAT) project.Women and Girls Against Tobacco WAGAT WAGAT was Mrs.A Robert T.Fries Fred J.Stanback,Jr. created to counteract tobacco industry targeting of women and girls. Dr.Kenneth H.Geiger Dr.Karl Steiner Eric M.Gertz Robert M.Stern WAGAT's first two goals are:to help women's and girls' organizations Alan Gleitsman Joy Stockwell divest of tobacco industry sponsorship and/or funding; and to help Lloyd W.Graham Ronald Stovitz John C.Gray &Danell Zeavin magazines read by young women eliminate cigarette advertising. Randy Greenberg Peter Straus On April 7th, a press conference will unveil the three magazines John Greenwood Archie K.Suelzle Robert B.Griffiths Dr.Richard A.Suss WAGAT is asking to take the "Golden Handcuff Challenge" and elimi- Jose H.Gutierrez Dr.&Mrs.Stephen Lee Taller nate tobacco ads. A second press conference,with the theme"Breaking Joseph Hafey, Carlos&Janice Valenzuela Western Consortium Dr.Mark Wald the Silence"scheduled April 21st,challenges women's and girls'organi- Peter Hanauer Donald Waltman Mr.&Mrs.James S. William Warburton zations to reject tobacco sponsorship. E Hartzell Sean Ward Although funded in California by Prop 99,WAGAT has nine volun- Mr.&Mrs.William Kenneth E.Warner Hassoldt Gay Wayman teer chapters in New Jersey,Georgia,Washington DC,Illinois,Virginia, Doug Hodges Lawrence R.Weisberg Florida,Vermont and Maryland. WAGAT is a partnership of Americans Susan Hopkins Lucia Woods Lindley Dr.Murray Howe Kenneth D.Woolfe for Nonsmokers'Rights,the Western Consortium for Public Health,and Mr.&Mrs.G. Victor Zaccaglin Tucker Ingham the California Medical Association. -- - For information about WAGAT,contact Regina Penna-Currie,Program Man- Our special thanks to William E.Bloomfield, ager, Women and Girls Against Tobacco, 2001 Addison Street, Suite 200, Sr.of WEB Service Company,whose ongoing l k eree California 94704-1103 or 6 support is vital to our efforts. Berkeley, Cli f r phone (510)841-6434.P When the ordinance comes up for a hearing, orga- nize the speakers who will testify. Limit testimony on medical evidence—most councilmembers have heard r ¢�` about the health effects of smoking,and you will want to present just the most important evidence about second- hand smoke. The two key arguments you must counter are negative economic impact and smokers' rights. The economic impact of these ordinances will be paramount in the council's mind. Ideally,business leaders or restau- rant owners can be recruited to address these concerns, but if they can't, address them yourself. Personal expe- rience, like anecdotal evidence from restaurant workers Northern Califoria Teen Teachers ridicule tobacco ads. or others suffering from secondhand smoke, is the most compelling testimony. Teens As Teachers,developed by the American Nonsmok- ers'Rights Foundation(ANRF)in 1986,has been funded by the Using the Media Cancer Research Foundation of America (CRFA) to expand The media is an important part of the legislative nationwide. CRFA is dedicated to preventing cancer through research and education. Carolyn Aldige,President of CRFA,has process. Choose spokespeople who are articulate under acted as Teens As Teachers' unofficial godmother, providing pressure, understand the issue, and know what issues ongoing financial and spiritual support since 1987. the opposition will raise. Staging press conferences, The grant permits Teens As Teachers to reach new sites. being interviewed by reporters,and writing letters to the Potential sites include South Dakota,Kansas and Maryland. Those interested in Teens As Teachers may contact Patricia Brazil, editor are all part of working with the media. The media ANRF's Manager of Education Programs at (510) 841-3032. can be used to focus the debate and enlist new allies. Ordinances, continued from page 1 Implementation ANR can provide a model ordinance, as well as a The ordinance will normally go into effect a few detailed rationale for its provisions. A thorough under- months after passage. This gives your coalition a chance standing of this rationale can facilitate working with the to educate the community about the ordinance's provi- city attorney in customizing the ordinance to the city. sions and how to get them enforced. Often, the city or county will print a brochure educating business and The Legislative Process citizens about the law. Media contacts developed during The legislative process varies from city to city;your the campaign can be used for public education as well. sponsor can help you understand your city's procedures. Just because the ordinance is enacted,effective,and Familiarity with the process,including the mayor's pow- popular does not necessarily guarantee its success. Keep ers and the format of public hearings, is crucial for an eye out for the tobacco industry. Although they may planning your strategy. move on to the next community, they may stick around Poll your councilmembers early in the campaign. to attempt a referendum campaign against the ordinance, This can help you determine the degree of opposition you or simply to wait for a new council hostile to nonsmokers. may face, the concerns that councilmembers may have, -------------------------------------------------------------- and where to focus your lobbying efforts. Coalition members should visit or phone each councilmember. M e m b e r s h i p A p p I I c a t i o n Bring literature,but not too much. Select spokespeople I want to join Americans for Nonsmokers' Rights. Enclosed are my annual membership dues of: who match a member's district, constituency, or tem- ❑$35 Basic ❑$20 Fixed Income ❑This is a renewal. ; perament.Most importantly,ensure that all spokespeople have a thorough understanding of the issues that may be Because ANR is a lobbying group,contributions to ANR are not g g y tax deductible. raised. I want to make a tax-deductible contribution to the American Grass roots pressure—mobilizing constituents to Nonsmokers' Rights Foundation.Enclosed is my gift of: speak out—is critical to demonstrating the depth of ❑$100 ❑$50 ❑$35 ❑$20(Fixed Income) ❑other_ support for the ordinance. Generating letters and phone Contributions to ANRF are tax deductible. calls is the first step. Petitions carry much less weight. ? Name ANR and other groups may have members who can be Address contacted to lobby the council. Finally,contact political City state zip_ for Nonsmokers'and social clubs, business leagues, and others whose ; Suit e ericans Berkeley,CA 94702 (510)841-5 153032 n Pablo Avenue, endorsement can be useful. MODEL ORDINANCES " ' ViO4& Helping you breathe a little easier ORDINANCES ELMINATING SMOKING IN WORKPLACES AND RESTAURANTS January 13, 1993 100% SMOKEFREE RESTAURANTS AND WORKPLACES Auburn, CA, 1991 Oakland,CA, 1992 (8/94)' Albany,CA, 1992 Paradise, CA, 1991 Anderson, CA, 1993 Placerville,CA, 1992 (1/94)' Belvedere,CA, 1993 Redding, CA, 1993 Berkeley, CA, 1992 Roseville, CA, 1991 Butte County, CA, 1992 Sacramento,CA, 1990 Chico, CA, 1992 Sacramento County, CA, 1992 (1/94)1 Contra Costa County, CA, 1991 Shasta County, CA, 1993 El Cerrito, CA, 1991 Solana Beach,CA, 1992 El Dorado County, CA, 1991 (1/94)' Solano County, CA, 1991 (2/97)' Hercules, CA, 1992 Sonoma,CA, 1992 Lathrop, CA, 1991 Tiburon, CA, 1992 Los Gatos, CA, 1991 Visalia,CA, 1992 Martinez, CA, 1991 Walnut Creek, CA, 1991 Mill Valley, CA, 1992 Whittier,CA, 1991 (7/93)1°1 Novato, CA, 1992 100% SMOKEFREE RESTAURANTS ONLY Aspen, CO, 1985 Loma Linda, CA, 1992 Flagstaff, AZ, 1992 (6/93)' Madison, WI, 1992 (7/95)' Grass Valley,CA, 1990 Palo Alto, CA, 1991 Laguna Beach, CA, 1992 (1/95)' Ross, CA, 1989 Lee, MA, 1992 (7/95)1 San Luis Obispo, CA, 1990 Lenox, MA, 1992 (7/95)' Stockbridge, MA, 1992 (7/95)1 Lodi, CA, 1990 Tellruide, CO, 1987 100% SMOKEFREE WORKPLACES ONLY Alpine County, CA, 1988 Orinda, CA, 1992 Clayton, CA, 1992 Pinole, CA, 1992 Colfax, CA, 1991 Placer County, CA, 1991 Lafayette,CA, 1992 San Mateo County, CA, 1991 Larkspur, CA, 1992 South Lake Tahoe, CA, 1992 `restaurant provisions arc phased in,date noted in parentheses. SMOIQFREE RMAURANrS ONLY: 14 2 workplace provisions are phased in,date noted in parentheses° smoKEFREE wORmACEs ONLY: 10 RmAURANrs&womiAs: 31 ® Rx,clodpap�r CETOTAL ORDINANCES: 55 2530 San Pablo Avenue, Suite J • Berkeley, California 94702• (510) 841-3032 / FAX (510) 841-7702 �E8 2 2 1993 CALIFORNIA ToBACCO CONTROt IN • e VIDE FORACTION - .^kA, K - F 3 CALIFORNIA HEALTHY CITIES PROJECT IN PARTNERSHIP WITH LEAGUE OF CALIFORNIA CITIES AMERICANS FOR NONSMOKERS' RIGHTS HEALTH OFFICERS ASSOCIATION OF CALIFORNIA AND MANAGED BY THE WESTERN CONSORTIUM FOR PUBLIC HEALTH The Western Consortium for Public Health is a nonprofit corporation sponsored by the Schools of Public Health and University Extensions,University of California at Berkeley and University of California at Los Angeles.The San Diego State University School of Public Health is an affiliate member. ... .:..'............ ....,,.....,..............._.......:....u�:,.".......,.y.....,...o.. 4�..- "_ .;a1.;m.....,�..0 III CONSTRUCTING A SMOKING P ®tTIT CONTROt I ORDINANCE ELEMENTS OF AN ORDINANCE ► Ir 1, There has been a sharp increase in the workplaces and public places.However, adoption of tobacco control policies during their success and an increased demand for the past decade.The labels vary: Clean smoke-free air has led to stronger,more IndoorAir, Nonsrnokers'Rights,or Smoking comprehensive laws. I Policies.Some arc statutes,others arc voluntary policies. ELEMENTS OF AN ?q Many private employers,restaurant ORDINANCE owners and other business owners have ► , voluntarily adopted non-smoking policies. Smoking pollution control ordi- Voluntary policies,however,cannot be nances should be clear and concise in order t relied on for adequate protection.Not all to serve an educational function and to facilitate implementation and enforcement. workplaces and public places have volun- The following material reviews parts of a tary policies,and nonsmokers may fear retaliation if they seek a ban on smoking— proposed ordinance.Sample ordinances � 51�'� '' pn especially if their supery appear in Appendix E. visors smoke. Nonsmokers need the support of authorita- tive regulation. TITLE A smoking ordinance limits Although Smoking Pollution Control smoking in workplaces,restaurants and. Ordinance is an appropriate and descriptive enclosed public places to protect nonsmok- name,most local laws are simply tilled ' crs.The earliest local smoking ordinances Smoking Ordinance.A title like Clean ►s �� � are now seen as both weak and narrow. IndoorAir•may be misconstrued to coverall y '� They permitted smoking sections in most possible indoor air contaminants. ky } h�SIrig. environments and failed to include all yt�l`'I o I 4 43 R= I i I o ti a c c o 6 U li i r U l l ll 4 . u 37 +tv FINDINGS AND PURPOSE APPLICATION TO GOVERNMENT FACILITIES This section of the ordinance explains 5 why it is required and what the law is The law should state expressly its supposed to do.It should briefly present application to facilities owned or leased by r the latest medical evidence about passive the city,including vehicles.A city ordi- ; smoking. Do not rely solely on sample nance does not apply to county,state or ordinances; their evidence may be out- federal government facilities,but a provi- dated. sion calling for voluntary compliance from The ordinance should unequivocally these entities is often included. t declare its purpose to 1) protect the health ,} and welfare of the citizens,and 2) recognize ENCLOSED PUBLIC PLACES that the need to breathe smoke-free air has There are three major areas typically priority over the desire to smoke. addressed through smoking pollution This section is critical because the control ordinances:enclosed public places, ' ordinance may be judged or even attacked workplaces and restaurants.Enclosed s. by how well it addresses its purpose.As an public places are places accessible to the example,the 1992 appellate decision in the public.This section typically lists some of challenge of the ordinance adopted by the the facilities intended to be covered by the s. City of Lodi held that:"With the stated law—such as retail stores,lobbies,elevators, purposes of the ordinance,prevention of waiting areas,sports facilities and medical fires,preservation of citizens'health offices.Often facilities already covered by + (whether or not they object)and reduction state law,such as food markets,are in- in air pollution in establishments serving cluded to provide a local mechanism for food, this activity [smoking] is subject to enforcement.But this section is often not either regulation or prohibition within the all-inclusive;any exceptions are specified. µ police power..." Many recent ordinances completely eliminate smoking in all enclosed public DEFINITIONS places,without allowing designated t Key terms used in the ordinance smoking areas.Exceptions specified in these 100 percent ordinances are tobacco should be precisely defined to establish the retailers,bars,private homes("except when scope of the law and avoid misinterpreta- tion.This is fundamental for the successful used as a child care facility") and rooms in ` implementation.Well-written definitions hotels or restaurants rented for private also eliminate loopholes in the law.For parties.Exempt bars may be defined as only those not part of restaurants. (As of 1992 example,most laws exempt bars,so some restaurants have attempted to be exempted only one California city,San Luis Obispo, based on the fact that they have a bar bans smoking in all bars).Hotels may be section.This problem can be solved by required to maintain a specified percentage of sleeping,rooms as nonsmoking. defining bar so that it does not include a restaurant dining room.Terms with an, Until the mid 1980's most laws obvious and narrow meaning need not be allowed smoking except in specified defined. nonsmoking sections.Such a public policy assumed that smoking was a normal � = 44 U " aN ' ' ' J " u s L l a L, Lilly a )w 0 !t llly i-u l i ull o ll L U111ro I Urd illa li c e behavior.Today,local legislation assumes calculation,and whether restaurants below nonsmoking to be the norm.This shift in a specified size are exempt or must be public policy makes healthier choices easier smoke-free.A requirement that restaurants ` choices. be 100 percent smoke-free is the simplest and the easiest to enforce.Such a require- WORKPLACES ment should rest on explicit findings that i Ordinances which restrict or ban smoking sections and ventilation systems a do not effectively protect nonsmokers. workplace smoking place specific responsi- bilities directly on employers.Employers Typical ordinances enacted during +� must adopt a smoking policy in writing and the 1970's and early 1980's mandated r make it known to current and prospective nonsmoking sections of between 40 and 60 ;. —employees.The policy should cover percent and exempted small restaurants. treatment of private offices occupied More recent ordinances have either entirely exclusively by smokers,and should require eliminated smoking in all restaurants or posting of appropriately-sized"no smok- enlarged the nonsmoking area.Some ing"signs.If permitted,smoking areas ordinances phase in restrictions in gradual must be clearly defined and, if in employee steps.Restaurant provisions are often the cafeterias,limited in size.A separate room most controversial part of an ordinance. j with a separate ventilation system may be required;however,some ordinances which UNREGULATED AREAS permit optional smoking areas state that A section that clarifies where smoking ' structural modifications are not required. is not regulated emphasizes that there is no The clearest,simplest and most infringement of the right to privacy;only effective workplace smoking regulations places regularly frequented by the general ban smoking entirely, including all private public are regulated.This provision also ,M offices.Findings in die ordinance must reaffirms the right of any business owner to support such a requirement by addressing ban smoking on his or her property. the inadequacy of ventilation systems. Ordinances that allow some smoking in the POSTING OF SIGNS workplace often protect nonsmoking employees by requiring employers to A law that does not require the support and publicize a policy that gives the posting of signs is essentially useless. preferences of nonsmokers precedence over Ordinances often specify where the signs those of smokers in case of a dispute. are to be posted,what they should look like,and what the minimum size should be. RESTAURANTS Restaurants often have to post a sign at every entrance clearly stating the availability Restaurants,although they are both of nonsmoking sections.Movie theaters enclosed public places and workplaces,arc may be required to show a"no smoking" usually addressed separately in smoking message on the screen prior to a feature ordinances.Restrictions which allow some motion picture.Most smokers willingly smoking in restaurants should state the comply with"no smoking"signs that are percentage of seating available for a prominently displayed,which minimizes smoking section,whether seats in a the need for active enforcement. contiguous bar must be included in that 45 I' o b a c c u is o n t r o 1 1 n t, a I i i u 11 d li I, i' ENFORCEMENT. the entirety of a problem,and therefore ll. Cities provide for enforcement of may regulate only some aspects of a smoking control legislation in various ways. problem(City of New Orleans Y.Dukes, j The usual choice is.the city manager or the 427 U.S.297,303;49 L.Ed.2d 511,96 local health department,although some S.ct.2513 (1976)),rationally-based Ni exemptions will be upheld. cities have chosen other departments. Placing enforcement with the police may , jj give the impression that law enforcement PUBLIC EDUCATION I'z resources are being diverted.Enforcement Provisions for a public education lull by the health department sends the correct program can smooth implementation and i. message that smoking is a health issue.A enforcement.Ideally begun before the complaint mechanism for private citizens is ordinance takes effect,public information essential,particularly for nonsmoking programs often provide,at a minimum,for employees. distributing an explanatory pamphlet to local businesses.The pamphlet is some- PENALTIES times mailed with annual business license information at little additional cost. A fine schedule gives the enforcement !!, agency leverage to encourage compliance. i, Violations are often made an infraction,the OTHER APPLICABLE LAWS least serious category of crime.However, This provision explicitly states that - criminal sanctions may be avoided alto- the law does not inadvertently permit gether by providing for a civil penalty smoking in areas previously prohibited by instead of a fine. Citations have in fact another law. :! rarely been required. SEVERABILITY NON-RETALIATION This is a standard provision to ensure This is a common clause which that if part of the law is struck down by the protects nonsmokers from retaliation by courts,the remainder will remain in effect. supervisors or employers for expressing the right to a smoke-free environment.It is EFFECTIVE DATE similar to many labor law provisions lprohibiting employers from taking action Most ordinances become effective 30 against employees who report health and days after adoption.The effective date r : safety violations.The clause explicitly should reflect the time necessary for ' protects die nonsmoking employee from adequate public education.A recent discharge,refusal to hire,or other retalia- development is to phase in stronger tion. restrictions with a succession of effective dates. EXEMPTIONS Exemptions should be cautiously applied.They should be health related and tl i express their rational basis.Because a legislative body is not obligated to regulate li 46 a Americans for Nonsmokers' Rights 2530 San Pablo Avenue,Suite J Berkeley, California 94702 (415) 841-3032 MODEL ORDINANCE ELIMINATING SMOKING IN WORKPLACES AND ENCLOSED PUBLIC PLACES Sec. 1000. Title This article shall be known as the Smoking Pollution Control Ordinance. Sec. 1001. Findings and Purpose The City Council does hereby find that: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;and Health Hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm. Accordingly, the City Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. Sec. 1002. Definitions The following words and phrases, whenever used in this article, shall be construed as defined in this section: 1. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a r bar, the term"bar"shall not include the restaurant dining area. 2. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. 3. "Dining Area" means any enclosed area containing a counter or tables upon which meals are served. 4. "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. -1- 5. "Employer' means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons. 6. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, 'office landscaping" or similar structures. 7. 'Non-Profit Entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political,social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "non-profit entity" within the meaning of this section. 8. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms,conference and classrooms, employee cafeterias and hallways. a. A private residence is not a "place of employment" unless it is used as a child care or health care.facility. b. The dining area of a restaurant is not a "place of employment." 9. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theatres and waiting rooms. A private residence is not a "public place." 10. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food " to the public, guests,or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or . tavern is a "bar"as defined in Section 1002(1). 11. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. l 12. "Service Line" means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. 13. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed,plant or other combustible substance in any manner or in any form. 14. "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events. -2- Sec. 1003. Application of Article to City-Owned Facilities All enclosed facilities owned by the City of shall be subject to the provisions of this article. Sec. 1004. Prohibition of Smoking in Public Places A. Smoking shall be prohibited in all enclosed public places within the City of including, but not limited to, the following places, and with the following exceptions: 1. Elevators. 2. Buses, taxicabs, and other means of public transit under the authority of the City of , and ticket, boarding, and waiting areas of public transit depots. 3. Restrooms. 4. Service lines. 5. Retail stores. 6. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to,attorneys.' offices and other offices,banks,hotels and motels. 7. Restaurants. .� 8. Public areas of aquariums, galleries, libraries and museums when open to the . public. 9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production. 10. Sports arenas and convention halls. 11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City or any political.subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City. 12. Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices,and dentists' offices. 13. Common areas in apartment buildings, condominiums, retirement facilities, and nursing homes. 14. Polling places. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. Sec. 1005. Regulation of Smoking in Places of Fmploym en A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications. B. Within 90 days of the effective date of this article, each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: - Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles,and all other enclosed facilities. C. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. Sec. 1006. Where Smoking Not Regulated A. Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Bars. 2. Private residences, except when used as a child care or health care facility. r L 3. Retail tobacco stores. !. 4. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Sec. 1007. Posting of Signs A. "No Smoking"signs or the international "No Smoking"symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this article, by the owner, operator, manager or other person having control of such building or other place. -4- B. Every theatre owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theatre or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five (5) seconds prior to the showing of each feature motion picture. C. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Sec. 1008. Enforcement A. Enforcement of this article shall be implemented by the Department of Health [or the City Manager]. B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Department of Health [or the City Manager]. C. The Fire Department or the Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this article have been complied with. D. Any owner, manager, operator or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof. E. Notwithstanding any other provision of this article, a private citizen may bring legal action to enforce this article. Sec. 1009. Violations and Penalties A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article. C. Any person who violates any provision of this article shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation of this article within one(1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation of 1 this article within one (1) year. Sec.1010. Nonretaliation No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smokefree environment afforded by this article. Sec- 1011. Other Applicable Laws This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 1012. Severability If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application,and to this end the provisions of this article are declared to be severable. Sec. 1013. Effective Date This article shall be effective thirty (30) days from and after the date of its adoption, and shall be reviewed within one year of its effective date. t, r I l �r� The Cost ot smokin • Ca Dana 198 g Dorothy P. Rice Wendy Max d. Institute for Health Aging, School of Ni-ning University of California, San Francesco a l iY r . ' 1 t 1, 7 '.0 S Researcb fit nded by Tobacco-Related Disease Research Program MM, University of Califomia Report production supported by • Tobacco Control Section California State Department of Health Services a Highlights • Smoking annually imposes a multibillion dollar burden on Californians - $7.6 billion in 1989. • The cost of the adverse health effects of smoking annually amounts to $256 per Californian or$1,543 per smoker. f,. Considerable variation in smoking cost per resident (based on statistically significant estimates) occurs among the 58 counties in California; ranging from$172 in Lassen County to $377 in Inyo County. • Almost 5 million people in California smoke cigarettes, including 220,000 adolescents and 4.7 million adults. • More men than women currently smoke - 2.7 million men, .2.1 million women, 118,000 adolescent boys, and 102,000 adolescent girls. • Annual cigarette sales in California amount to $4.5 billion compared with , $7.6 billion for the cost of the adverse health effects of smoking. • Charging California smokers for smoking-related medical costs and productivity losses would add $3.43 to the price of each pack of cigarettes. If smokers were taxed to cover these costs, every smoker would pay $1,543 a year. • The cost of smoking for men is more than twice that for women $5.4 billion compared.with $2.3 billion: The significantly higher cost for men reflects their higher rate of smoking and illness, greater number of deaths, and higher earnings. • Direct medical cost amounts to $2.4 billion and comprises 31 percent of the total cost of smoking in California; the value of lost productivity due to smoking-related illness amounts to $860 million, 11 percent of the total; and productivity losses for people who die prematurely amount to $4.4 billion (based on a 4 percent discount rate) or 58 percent of the total. • Expenditures for hospital care of current and former smokers amount to $1.6 billion or 69 percent of the total direct medical cost; physician services amount to $427 million; nursing home care, $147 million; medications, $129 million; and other professional services,$22 million. • In 1989, 4207 Californians died due to smoking-related diseases, - resulting in 643,000 years of potential life lost based on life expectancy at death, and $4.4 billion lost to the economy of California (based on a 4 percent discount rate) or$104,484 per death. • One of five deaths in California is attributable to smoking. • Men account for 63 percent of the smoking-related deaths in California, 61 percent of years of potential life lost, and 72 percent of the productivity losses. MM 9 San Bernardino .r -`' Smoking Amount Per Per Cost (thousands) Resident Smoker Total $364,011 $256.64 $1,307.15 Direct 97,134 68.48 348.80 Indirect 266,877 188.16 95834 .� •� Morbidity 37,168 26.20 133.47 Mortality 229,709 161.95 824.87 Men ' $261,834 $368.36 $1,690.95 Direct 68,529 96.41 442.57 Indirect 193,305 271.95 1,248.39 Morbidity 25,979 36.55 167.78 Mortality 167,326 235.40 1,080.61 Women $102,177 $144.40 $826.45 Direct 28,605 40.43 231.37 Indirect 73,572 103.98 595.08 Morbidity 11,189 15.81 90.50 Mortality 62,383 88.16 504.58 Smoking- Amount Per Per Attributable _(thousands) Resident Smoker Health Total $97,134 $68.48 $348.80 " Care Hospital 65,010 45.83 233.45 Expenditure Physician 21,434 15.11 76.97 ^ Nursing Home 4,821 3,40 17.31 Medication 5,034 3,55 18,08 Other Professional 835 0.59 3.00 Population Under 65 1990 Total 18' 18 - 34 35 - 64 and Over Total 1,418,380 439,223 426,381' 427,876 124,900., Mcn 710,807 225,022 219,998 213,731 52,056 Women 707,573 214,201 206,383 214,145 72,844 •� 148 i n Q?wj$.'•...t.r.K r.r.rvtY..v...vn....1.rn r. :?•\`:•: v vvn. .y.tvN�:: tr..K.v. KK,.tntY.tt.r....,...,..t vfiiv........t.t.......t.......tt,. r.n.........t.t......tKt...t.tt...ttKt.K.t..... .}:�}•.}•.Y • ;3 •A Currently Smoke Formerly Smoked Never Smoked Smoking Percent Percent Percent Prevalence Number of Total Number of Total Number of Total w Total 278,478 25.2 292,867 26.5 532,289 48.2 Men 154,844 28.1 177,258 32.2 218,108 39.6 12 - 17 10,566 16.4 15,977 24.8 37,882 58.8 18+ 144,278 29.7 161,281 33.2 180,226 37.1 Women 123,634 22.3 115,609 20.9 314,181 56.8 12 - 17 5,224 8.7 16,934 28.2 37,892 63.1 18+ 118,409 24.0 98,674 20.0 276,288 56.0 Due to Smoking Deaths Percent Total Number of Total Total 9,614 2,022 21.0 " Men 5,164 1,296 25.1 Women 4,450 726 16.3 Number Years Years of of Years per Death Potential Total 32,481 16.1 Life Lost Men 20,092 15.5 Women 12,389 17.1 Amount Per Mortality (thousands) Death Cost Total $229,709 $113,596 San Bernardino Men 167,326 129,070 Women 62,383 85,956 149 Table 1 fi+ . Cost of Smoking by Type of Cost and Gender, California, 1989 r Amount Percent Per Per Type of Cost & Gender (thousands) Distribution Resident Smoker Total $7,633,204 100 _ 49 .0 $256. $1,543.36 Direct Cost 2,363,174 31.0 79.41 Hospital 477.81 P . 1,637,809 21.5 55.03 331.15 Physician 427,251 5.6 14.36 Nursing home 147,355 86.39 1.9 4.95 29.79 Medication 128,824 1.7 4.33 26.05 Other professional 21,935 0.3 0.74 4.44 Indirect Cost 5,270,030 69.0 177.08 1,065.55 ' Morbidity 860,060 11.3 ? S. Mortality* 4 8 90 1737.90 ,409,970 57.8 148.18 891.65 Men, Total 5,355,044 100.0 359.46 1,923.90 Direct Cost 1,608,387 30.0 107.96 577.84 Hospital 1,266,954 23.7 85.04 Physician 20412.1 3 8 455.18 i 13.70 73.33 Nursing home 64,920 1.2 4.36 Medication 59,940 1 2 . 3 Other professional 12,454 '? 4.02. 211 3 .55 0._ 0.84 4.47 Indirect Cost 3,746,657 70.0 251.49 1,346.06 Morbidity 561,535 10.5 Mortality* 37.69 201.74 3,185,122 59.5 213.80 1,144.31 Women, Total 2,278,160 100.0 153•28 1,053.53 Direct Cost 754,787 33.1 .50.79 Hospital 370 855 349.05 16.3 24.95 171.50 Physician 223 130 9,8 Nursing home 82'36 15.01 • 103.19 3.6 5.55 38.12 Medication 68,885 3.0 4.63 Other professional 9 481 31.86 0.4 0.64 4.38 Indirect Cost 1,523,373 66.9 102.50 704.48 Morbidity 298,525 13.1 20.09 Mortality* 1,22 138.05 4,848 53.8 82.41 566.43 Note: Numbers may not add to total due to rounding. * Discounted at 4 percent. r 35 ,i TOBACCO INDUSTRY TACTICS 1. ON • og m�LY Q u ax 0 =OJ • a • ! *WW W / no:m�= (Dix U� - si:s��e •�tt ..t��•r r. ii y•,,�•w i'�. I, f rYr' 6 1f y 'r lesl • ;� ;� s,�// , [71Y.iir�•ii:r 1 i w `YI / • • , 1 ..�y' y'. •t .� i V • i �i •�.ad;j•: 0 •..•1 LD • :f% • y. • � < Y �., S. .. . � r .i •ti.ca7� .. •' ice•.. SAvz �ra�,cisCo 'Extiw�t�C►'' �'ft fqZ n st. Tracy Scott of the California VU - I I Uffs S ®� Business and Restaurant Alliance. acknowledged the group was partly ® fmanced..by tobacco manufactur=.7n 0 _�01% ers. The group was -founded b� � � F V Fred Kamer:vice president of l}o1� �� phin•Media;Croup,-which _ . TeP re- 'cents:th;6'!Pllltp,Morris tobacco. Local politicians and health of- 'company.- J Campaigns paid for . ficials say the tobacco industry is. But ScotCsaid most of CBRI's-. striking down, or weakening, budget-.came .from the 300..to *"7 by cigarette makers smoking restrictions in towns -reatauranta that:ar is"'members; and restaurants across California,usually under the - The group.' not disclose its bud= -T- --11 guise of groups claiming to repre-`''get, rior say specificaIIy_how mucli., weaken Or. defeat sent local businesses. . of ita'mone'y comes-from toba.CCO i At a press conference Tuesday, manufacturers. clean-air•laws elected officials and representa- Steve Blanton, a councilmsri iri tives`of eight Bay Area cities and Los Gatos,said the,group told local By Jayne Garrison counties said "front groups" su restaurant-owners that they-would EXAMNM"c^LT""F'Tm ported by the industry we e mov_ ' lose 30 percent.of tfieir.business if ing into their communities with smoking was banned.in restau- The slick IIyer depicted a burly lightning speed, and stirring fear its' copholding a radar-like device. =- In fact,he noted,a UCSF study "Don't turn the Sebastopol Police over smoking ordinances that ; this ear „ would,otherwise,have passed with '° Y- Y? state;taz retards Into The Cigarette Police, it ease and found no'`drop"in revenues , waru&d every registered 'voter in from cities'that banned smo .the.aniall North Bay own, > The- induatr in Y y-supported: restaurants. The message and the mass mail- group. California Business and;' ing was paid for by Californians for Restaurant Alliance, delivered fly- Fail Business Policy, rs to Pinole restaurants asng, cy a group fund- ki "Do you want to lose all your busi- �•���� manufactiizess and ness?" when that small town con- I restaurants.And it worked.Voters, aidered a ban on smoking in restau- by atiny margin of 5 votes,defeat- •rants Councilwoman Gretchen - ed this year an advisory measure recommending the City Council Mariotti said so many business . ban smoking in restaurants and owners were terrified that the workplac6.. council reluctantly agreed to com- promise, and require that 60 per-. "We worked on that ordinance. cent of all dining seats be reserved over a year," reflected Richard for nonsmokers. .Goldberg,director of health educa- > When the Walnut Creek City tion for Sonoma County, "We es- Council actually adopted a similar petted a close victory. But when smoke-free law in 1991, the same w e lo barn industry came to fawn,' group sent letters, held meetings and lobbied heavily until the coun- cil this year agreed to postpone the ordinance, Councilman Ron Be-• agley said_ D- And when Tiburon first con- aidered such a law this year, the group, along with two Novato res- taurant owners 15 miles to the north, sent every restaurant in Ti- buron a letter asking: "Do you want your customers leaving town?" Council members received calls from Los Angeles, Sacramen- to, Colorado and North Carolina about the proposed law. But no local businesses complained until the California Business and Res- taurant Alliance hit town, said Randy Greenberg of the Smokefree Marin Coalition. i Antioch.CA (Contra Costa Co.) Daily Ledger-Post i Dispatch (Cir.0.21,923) p71 I JUL 1 1 1992- P.c.it l:,,. 114J4 Smoke an : sparks e , t . r ' `CA Staff phow/vkt-u 1"6d- Linda Wadsworth,owner of the Buzz Inn In Oakley,signed a letter saying the smoking ban has badly hurt her bar and other businesses. Bar's letter just a smoke screen? By AJ.Jacobs a�f_ront �ouo f0LthLtobacco in- in dus l lte statistics are on star—n" LL Restaurants that are abiding by wed studies, they say. . OAKUY — Far East County Wadsworth acknowl e has become another hot spot in the (smoking ban) have lost 30 to 40 restauran c t- the swirling statewide debate over ■ to an � osta .Bur,she restaurant smoking bans. percent of their business. /9 word of, s e agrees with every Since the crackdown on ciga- word of it—only she wanted the rettes in Oakley, the owner of a — From a letter sent to city ouncils let```s anti-ban Stance Stated ;n local bar has sent a letter across Y even stronger language. the state charging the govern- statewide "I feel wort s strong about ment with snuffing out restaurant this."Wadsworth said,adding that business in this town of 18,000. some of her colleagues are going But antismoking groups say the use restaurant owners to do their state,where similar smoking bans out of business because of the ban. letter isn't an angry grassroots re- work." are being debated. "I wish I had the time to run from action — it's an instance of big Oakley's brouhaha is a good "Restaurants that are abiding door to door." business meddling in politics. snapshot of the smoking ban con- by the(smoking ban)have lost 30 Wadsworth said the alliance is They charge the powerful to- troversy in California.It has pitted to 40 percent of their business,"it not a front for the tobacco indus- bacco lobby with actually writing restaurant owners and cigarette' reads in part try the letter and duping the bar own- makers against health advocates, The ban, which covers restau- Antismoking advocates,howev- er—and the Oakley Chamber of sparked the spouting of statistics rants in unincorporated areas in er,say the alliance has ties to to- Commerce that approved the let- and counter-statistics and fueled Contra Costa County such as Oak- bacco interests, such as cigarette ter—into spreading misinforma- accusations of dirty dealing from ley but not nearby Antioch,is now maker Philip Morris. They say it Lion. both sides. opposed by the Oakley chamber is spreading erroneous informa- "It's part of the tobacco indus- Oakley's controversial letter and many city council members. Lion in letters such as Wads- try's strategy," said Kevin Go-e- was signed by Linda Wadsworth, the letter said. worth's. bet, manager of legislative owner of the Buzz Inn, and writ- Antismokin ou s sav the let- "The `Haut problem is that it programs for Americans for Non- ten on Oakley Chamber of Com- ter war, �v arart e says restaurants are losing 30 to smokers'Rights."They come into melee letterhead. It was sent to CaWorrd_a Business_ swu- town, provide disinformation and city council members across the rant Ail nce� which they allege is See SMOKme, back page W, liCG�i (or / /aw v-- Helping you breathe a little easier TOBACCO INDUSTRY FRONT GROUPS March 16, 1993 New information is in italics. Individuals are listed at the end. Y THE BECK COMPANY candidates and legislation,that supports the United States 3700 Newport Boulevard,Suite 303B Constitution and the Bill of Rights." The president of the .,- Newport Beach,California 92663 group is Doris Angus,the owner of a country club on the (714)730-0662 outskirts of Roseville. CARL was one of the main FAX: (714)723-0853 objectors of the Roseville ordinance. In the event of Representatives: Gary Beck termination, remaining funds will be turned over to the The Beck Company calls itself a public, business, and Rocky Mountain Elk Foundation. Byrne is listed on government relations firm. Gary Beck recently attended a campaign filing statements in Sacramento as the treasurer. tobacco control conference in Los Angeles, where he Although they told the city of Roseville in July that they admitted that he worked with both the California Business were a new local group,they filed as lobbying group with and Restaurant Alliance and the California Restaurant the Secretary of State on February 25, 1991. Association. CALIFORNIA BUSINESS & RESTAURANT CAL-STOP ALLIANCE 1225-8th Street,Suite 350 Representatives: Fred Karger,Peter Gambee,Tracy Sacramento,California 95814 Scott,Tracy Sand born,Kathy Gatharum,Chris Ducra, -- (916)448-3585 Auralee Street Representatives: Paige Gruemmer 2265 Westwood Boulevard#481 This group,whose Sacramento and San Diego off ces are Los Angeles, California 90064 identical to addresses for the Tobacco Institute, has (310)474.7919 called cities, including Pasadena, about tobacco control Southern California-based group active in opposing ordi- activities. The organization has fought San Diego's nances throughout California, including Walnut Creek, proposed smoking controlordinance,although ilteyrefuse Contra Costa County, San Diego and Oakland. Karger to identify,theirfitnding sources. They work closely with initially began to gather information in Walnut Creek the San Diego Tavern and Restaurant Association,pay- under RSVP's name before coming up with a new name. ing the consultant fee for Nikki Clay, a public relations CBRA was founded by the Dolphin Media Group, a consultant hired to represent SDTRA on a task force public relations firm which lists Philip Morris as one of its convened by the City of San Diego to negotiate the major clients. Karger is the Executive Vice President of provisions of a pending sntokefree ordinance. the Dolphin Media Group. Until recently, CBRA was located on the sameflooras the Dolphin Group,and they CALIFORNIANS AGAINST RESTRICTIVE LEG- shared a fax number. When their relationship became ISLATION (C.A.R.L.) too obvious a connection, CBRA moved its offices, and Representatives: Doris Angus,Lydon Byrne the Dolphin Media Group now claims to have never 2644 Garfield Avenue heard of CBRA. Before obvious ties were severed. Carmichael,California 95608 secretaries transfered telephone calls from one group to (916)486-3704 the other. The Dolphin Group picks up the tab for many According to statements filed in Sacramento in February, of CBRA's expenses. For example, when Tracy Scott the organization's purpose is to "oppose and support testified in Marin County on CBRA's behalf. her hotel ® Recycled paper 2530 San Pablo Avenue, Suite J• Berkeley, California 94702 * (510) 841-3032 / FAX (510) 841-7702 reservations were made under the Dolphin Group's name. smokefree restaurant ordinances. The letter encouraged Although Kargerclaimslocal restaurant owners asked councilmembers in other cities to oppose a similar ordi- for his help, local businesses claim that he approached nance. Although the letter indicated no connection to them offering to provide any necessary help to oppose CBRA,the women who signed it later admitted its source. Walnut Creek's ordinance. Local businesses state that he In July of 1992, the Oakley Chamber of Commerce has helped them for free. Karger and other representatives mailed a similar letter to every locally elected official in initially refused to reveal the source of his income. How- California. The letter falsely claimed that smokefree ever,Tracy Scotthas repeatedly adnutted that at least 20% restaurant ordinances in Contra Costa County werea of their revenues come from the tobacco industry. Al- disaster. The letters were postmarked in Baton Rouge, though she said that the rest of their funds come from Louisiana,and the author,Linda Wadsworth,later admit- restaurants,many restaurants that have attended meetings ted that she simply signed a letter written by CBRA. set up by CBRA say that they have never been asked to A similar letter appeared in September of 1992,when make a contribution. Karger now admits that CBRA newly-elected Bellflower Councilmembers Ruth Gilson r receives funding from the tobacco industry. and Ken Cleveland sent a letter to almost every locally- Karger and Gambee formerly denied any connection elected official in the state. The letter stated that the to RSVP, but CBRA receptionists are willing to take Bellflower ordinance had hurt restaurant sales—even telephone messages for Rudy Cole,and Karger privately though both councilmembers had conceded that there was admitted that Cole suggested that he set up CBRA. In no evidence of economic hardshipwhen they repealedtheir addition,Cole recently presented a report which he claimed ordinance. Ruth Gilson adm]ttedto reporters that the letter " RSVP had prepared. The report was written by Peter was written and mailed by CBRA. - Gambee of CBRA,indicating that the distinction between Gary Beck of the Beck Company recently admitted CBRA and RSVP is merely cosmetic. This report, that he works with both the CBRA and the California alleging loss of business to restaurants in Bellflower,has Restaurant Association,which previously denied any con- beencirculated throughout the state with anewcoversheet nection to CBRA. implying that the study was commissioned at the request of the Mayor of Bellfower. In fact, the Mayor and the CALIFORNIANS FOR FAIR BUSINESS POLICY Council conducted their own study which found no loss of Representatives: Bradley Hertz,Daralyn E.Reed business. The Daralyn Reed Company Kathy Gatharum,who works in Los Angeles,claimed 1441 Fourth Street to have an extensive"network"of"informants"through- Santa Monica,California 90401 out California.These are likely individuals who call Philip (213)319-0412 Moms or RJ Reynolds' "Smokers' Hotlines"and whose Original]y Sacramentans for Fair Business Policy(SFBP), information is passed on to CBRA. She claimed that the this group changed its name and became a statewide group city clerk had sent her a notice about a proposed ordinance on February 25, 1991. Their filing statements explicitly in Madera,but the clerk denies sending anyone a notice. indicate that they are "sponsored by Tobacco Manufac- The organization has an enormous travel budget; turers,Wholesalers and Restaurants." Karger and Gambee, both from Los Angeles, are in As Sacramentans for a Fair Business Policy, the Northern California regularly, and Gatharum offered to group fought the Sacramento City and County ordinances fly within 24 hours to a small town in Central California, and spent more than$300,000 in tobacco money to gather Their budget cannot be sustained.by the dues of the few signatures for a referendum drive. They succeeded in restaurants who make token donations in order that the stalling he county ordinance,which was placed on the June organization can claim to be funded by membership 1992 ballot,but failed to gather enough signatures for the restaurants. city ordinance. CBRA has ghostwritten several anti-ordinance let- Tim Pueyo,who was listed as President of SFBP,is a ters, which they have sent to locally elected officials in paid consultant for the tobacco industry. In addition,the California, including communities not even considering organization's original address on campaign filing state- restricting smoking. In December of 1991,CBRA wrote ments was the same as the lobbying firm of Nielsen. a letter signed by the mayor of Walnut Creek and a Merksamer, Hodgson, Parrinello& Mueller• which does " councilmember in Martinez. Both cities are in Contra extensive work for the tobacco industry and has received Costa County, California, and both had passed 100%r morethan$l millionfrom the industry since 1987. SFBP's 2 treasurer,Charles H.Bell,works for Nielson Merksamer. Secretary of State as a "Mutual Benefit" (rather than Shortly after changing their name to CFBP, Bell was "Public Benefit")nonprofit. However, the federal gov- dropped as treasurer and Daralyn E.Reed was added. The ernment apparently has no record of them as a nonprofit Daralyn Reed Company appears to only be an intermedi- organization for tax purposes. ary group responsible for filing campaign statements and Although the group claims to be independent of the concealing who CFPB's true representatives are. Bradley tobacco industry, they have used the industry's mailing Hertz, who is listed on filing statements as a political lists, and they apparently have close connections with consultant,now represents the organization to the press. Californians for Fair Business Policy, which receives Hertz personally coordinated the campaign against Long virtually all of its funding from the tobacco industry. For Beach's ordinance,and either coordinated or assisted in all example,Naylane Merrell,an officer of CSR and believed of the other referenda campaigns in California. to be the wife of Bob Merrell(the current CSR President), - According to filing statements,the organization was received$1,500 from CFBP to collect voter signatures for founded to"Support and/or oppose the qualification and a referendum drive.CSR is not yet registered as a lobbying passage of referenda and initiative measures determined to group or a nonprofit in California,but it may take some be in the best interests of the organization's policies and time for their documents to be processed. In March of objectives—to ensure the adoption and maintenance of 1992,CSR sent a mailing to its members in Los Angeles fair business policies by governmental agencies in Califor- trying to generate"grass roots"opposition to the proposed nia." From 1990 through June of 1992, CFBP spent ordinance. The alerts were personalized by council dis- $2,308,447.50 helping referenda campaigns to repeal trict. Although the organization claims to be based in smoking control ordinances qualify for the ballot, and Sacramento, the return address on the L.A. alert was funding opposition campaigns once they qualified. In 12226 Victory Blvd.,Suite 332,North Hollywood,91606. - Sacramento County,CFBP spent $1,832,096.31. They CSR may have ties with TBP Political Consulting, a spent $40,078.61 in Visalia, $87,410.54 in Long Beach group with documented ties to RJR. TBPapparentlypaid (which was weakened the ordinance rather than placing it fora March 1993 CSR mailing in San Mateo County,CA. before the voters),$275,182.11 in Sacramento City(which failed to qualify), $14,910.51 in Oroville, $21,029.77 in CAPITOL RESEARCH CENTER E1 Dorado County,$34,492.38 inParadise,and$3,247.27 Representatives: James T. Bennett in Sebastopol. James T.Bennett,a George Mason University professor, recently launched a vehement attack against the An►eri- CALIFORNIANS FOR FAIR LAWS can Cancer Society and other voluntary health associa- Representatives: Ron Bearce,Gary Kunkel tions. He was funded by the Capitol Research Center to P.O.Box 3135 conduct the studies upon which his attacks are based. 571 Cuesta Drive CRC has always been very careful to avoid directly San Luis Obispo, California 93405 answering whether or not they receive fiu►ding from the (805)343-5480 tobacco industry, but Philip Morris has now been iden- Based in San Luis Obispo, but claims to be based state- tified as a major contributor. wide. They worked against Walnut Creek ordinance and S.B.93 in 1991. CENTER FOR INDOOR AIR RESEARCH Representatives: Dr.Max Eisenberg,director CALIFORNIANS FOR SMOKERS' RIGHTS According to the director, this group receives generous Representatives: Bob Merrell . funding from the tobacco industry. "[T]here's no ques- P.O.Box 19022 Lion that a predonitnant portion of the budget is from Sacramento,California 95819 tobacco-related interests,"Eisenberg hin►selfadmits. In f CSR recently used tobacco industry mailing lists in an exchange, they produce studies that the in►dustry uses in effort to launch a new organization with the appearance of public relations campaigns. being a low-budget, grass roots public interest group supporting smokers. The group requests a nominal $5 COUNCIL FOR TOBACCO RESEARCH membership fee, ostensibly to open a Sacramento office The Council for Tobacco Research has served as the but probably only to be able to claim that they are funded tobacco industry's research arm since 1954. Although the by their members. The group is registered with the Council claims to be independent of the tobacco industry's 3 . control,U.S.District Judge H.Lee Sarokin,after review- Codings on mailing labels match those used by RJR,but ing a sampling of CTR documents,recently ruled that the return address is that ofJan Hall's house trailer in Antioch. organization has served as a"front" and"shield" for the Hall has admitted to using RJR's toll-free number, but tobaccoindustry againstlawsuits and Congressional hear- refused tobe interviewedby alocal newspaper,saying that ings dealing with smoking. CTR has served to create the she was told not to say anything. , impression that studies proving the health hazards of smoking and secondhand are"controversial"and"incon- HEALTHY BUILDINGS INTERNATIONAL elusive." Representatives: Gray Robertson,Simon Turner The Council has a secret "special projects" division This organization describes itself as impartial consultants run by tobacco industry attorneys, which assessed re- on indoor air quality,which advises companies on how to search in order to identify expert witnesses who would makeaircleaner.In its ten years of making inspections,the testify on behalf of the tobacco industry at court trials and organization has never advised a company to go smoke- " hearings. Judge Sarokin ruled that CTR's research was free. Robertson has admitted that the organization re- "nothing but a public relations ploy—a fraud—to deflect ceives about 20%of its income from the tobacco industry, the growing evidence against the [tobacco] industry, to but former-employee Jeff Seckler says that it is much encourage smokers to continue and nonsmokers to begin, higher—higher than 50%. Robertson even told Seckler, and to reassure the public that adverse information would "[M]y personal net worth has been significantly increased be disclosed." Federal prosecutors have issued subpoenas over the past several years as a result of our involvement for CTR's documents,and criminal fraud charges may be with the tobacco industry." Seckler says that 90% of the forthcoming. work he did was for the Tobacco Institute. The industry , pays HBI to travel the country and testify before legisla- THE DOLPHIN MEDIA GROUP tors to downplay the significance of secondhand smoke. 1225 Eighth Street,Suite 425 When Pepsi Cola headquarters went smokefree after Sacramento,California 95814 consulting with HBI,the consultants had to prove to Philip (916)441-4383 Morris that they recommended against a smoking ban— FAX: (916)441-4132 indicating that the tobacco industry's influence over HBI 1047 Gayley Avenue is greater than the organization will admit. Secklerreports - Los Angeles,California 90024 that the tobacco industry also has complete editorial (213)208-6686 control overHBI's magazine. A Philip Morris executive Representatives: Fred Karger, Robert Padgett once ordered an issue redone after 50,000 issues had The Dolphin Media Group,a public relations firm which been printed because she didn't like the way an article lists Philip Morris prominently among its clients,appears was written. One of their international spokespersons, tobethe founderof theCalifornia Business and Restaurant Simon Turner,is the son of Clive Turner, former head of Alliance. Karger, the Executive Vice President of the the British Tobacco Institute and current head of the Dolphin Group, is the founder and primary lobbyist for Tobacco Institute of Hong Kong. CBRA. Robert Padgett has telephoned cities and organizations on behalf of the Dolphin Group. Although WALT KLEIN & ASSOCIATES denies any connection to the tobacco industry, literature 200 Brookstown Avenue#300 from the company itself proudly and prominently lists Winston-Salem,North Carolina 27102 Philip Morris second on its list of clients. The Dolphin Representatives: Walt Klein, Kirk Sanders Group shares a Los Angeles office and fax machine with An organization which apparently specializes in conduct- CBRA. In addition,Cal-STOP,another organization,has ing surveys, referenda signature-gathering, and related an office down the hall from the Dolphin Group's activities,Walt Klein & Associates has been calling city Sacramento office,and appears to be connected to them. councils throughout California to determine when smok- ing legislation will be on the agenda. Representatives will FAIRNESS FOR CONTRA COSTA COUNTY sometimes leave only their names and address,or call their Representative: Jan Hall organization WKA. They have received at least$50.000 3301 Buchanan Road #70 for Californians for Fair Business Policy, a tobacco Antioch,California 94509 industry front group funded almost exclusively by the Established through R.J. Reynolds' toll-free number. tobacco industry. 4 RAY MCNALLY AND ASSOCIATES RESTAURANTS FOR A SENSIBLE VOLUNTARY Diann Rogers POLICY(RSVP) 1817 Capitol Avenue,Suite A Representatives: Rudy Cole,Erica Taylor Sacramento,California 95814 5757 Wilshire Boulevard,8th Floor Philip Morris,the largest tobacco company in the U.S.,is Los Angeles,California 90036 a client of Ray McNally&Associates. Diann Rogers sent RSVP was founded by Rudy Cole in 1990 to fight the Los personalized letters on Ray McNally letterhead to direc- Angeles smokefree ordinance. Rudy Cole, who is not a tors of all Health Departments in California requesting that restaurant owner, founded the Beverly Hills Restaurant information on pending tobacco control ordinances be sent Association to oppose its smokefree ordinance in 1987. to Rogers at Ray McNally and Associates, a public Barry Fogel,president of the Association during its oppo- relations firm. She has worked with the Tahoe-Douglas sition to the ordinance, states that Cole was their liaison Chamber of Commerce, and met with the El Dorado with the tobacco industry, which helped pay their legal County Department of Health to offer a tobacco industry bills. compromise smoking ordinance. At the meeting, she Cole admitted to the press that he solicited and re- claimed to represent the Sacramento Restaurant Associa- ceived contributions from the tobacco industry,although bon and gave their address and phone number as a place he continues to deny such funding at city council hearings. where she could be reached. She is now working with the However,in aninterview with the Los Angeles Times,Cole Sacramento Restaurant Merchants Association ,and has stated"We do receive support from the tobacco industry. enlisted the help of Dr.Edward Munz of ENV Services to ..and I would like to get more money from them,not less." do indoor air samples and analyses comparing air quality Cole repeated this admission on the Ron Reagan show on in smoking and nonsmoking restaurants. She has met with November 15, 1991. In fact,the Tobacco Institute admits County Supervisors,along with Patrick McWhorter of the that RSVP is cosponsoring their"It's the Law"campaign, Tobacco Institute, to oppose local smoking ordinances. along with two tobacco vending machine associations— The firm has been very active in opposing an smoking despite the fact that a genuine restaurant trade association ordinance on the ballot in Paradise(Butte County),Cali- has little or no involvement in selling cigarettes over the fornia and other areas. Linda Horton,a woman leading the counter, and therefore would have no need to become opposition in Paradise,claims that their organization has involved with the program. had no contact with Ray McNally &Associates,but has During the fight against the Los Angeles ordinance, distributed information to the city council withMcNally's RSVP claimed to represent 1,000 L.A. restaurants, but return address on it. The same information was provided only 440 restaurants were listed on their membership lists. to the Colfax (Placer County)City Council Of those,20%said they were not a member of RSVP,and 12% said they supported a smokefree restaurant ordi- NATIONAL ENVIRONMENTAL DEVELOPMENT nance. Many reported that they did not donate any money; ASSOCIATIONITOTAL INDOOR ENVIRONMEN- those who did gave small contributions. RSVP hired TAL QUALITY COALITION Manatt, Phelps, Rothenberg and Phillips, a law firm Representatives: Sally Robertson, Ward Hubbell renowned for its high fees whose client list includes the The National Environmental Development Association Tobacco Institute and the Beverly Hills Restaurant Asso- last year created the Total lndoorEnvironmenta!Quality ciation. RSVP has also used the Tobacco Institute's public Coalition, known as NEDAITIEQ. R.J. Reynolds is an relations firm Ogilvy & Mather. original corporatefounderand member ofNEDAMEQ. In some areas, Cole claims to represent restaurants lit thepress release announcing the organilzation'sfound- throughout the state,but in Walnut Creek and other places. ing, the group claims that "the correlation bem-een poor he admitted represent ing only Los Angeles restaurants. indoor environmental quality and adverse health effects Cole claims that restaurants in Beverly Hills lost 3017( to hasn't been proven"—a common refrain of the tobacco 40%of their business under their 100%ordinance during industry. NEDAITIEQ,like the tobacco industry,argues the two months that it was in effect,but he has never been that more studies are needed before regulations of any able to substantiate that figure. In fact,a study conducted indoor air con taminants(like tobaccosmoke)are consid- by the University of California at San Francisco, using ,. ered. data from the California Board of Equalization,found no „ 5 loss of revenue for Beverly Hills. to defeat the ordinance after it had been placed on the RS VPclaims to be a nonprofit,but is not registered as ballot. Californians for Fair Business Policy, which such with the state for tax purposes. The state also has no receives 99.8% of its income from the tobacco industry, record of RSVP as a nonprofit organization. Cole is not paid Pueyo $23,068 during the first six months of 1991 a registered lobbyist in Sacramento or Los Angeles, and alone. A July 1992 letter from RJ Reynolds indicates that does not need to reveal his funding sources. However,he Pueyo continues to represent the tobacco industry in has done extensive lobbying in Sacramento on state legis- organizing"smokers' rights"groups. P lation. Although he tells cities that they will lose business In March 1993,TBPapparentlypaid fora nailing at unless restaurant legislation is uniform throughout the CaliforniansforSmokers'Rights letterhead in San Mateo state,he tells Sacramento legislators that the state will lose County, California. business unless there is a uniform national law. Erica Taylor has also identified herself over the telephone to the TDS, LIMITED Placer County Tobacco Control Program as being with Representatives: Theodore Sterling RSVP. TDS, Ltd., is an indoor air consultingfirm in Vancouver, British Columbia. According to Jim Repace of the SACRAMENTO RESTAURANT MERCHANTS Environmental Protection Agency, TDS's job "is to inf l- ASSOCIATION trate groups like theAmerican Society ofHeating,Refrig- Representatives: Diann Rogers,Sam Manolakas erating and Air Conditioning Engineers, which sets 1AQ This group is not part of the Sacramento Restaurant standards, and represent the tobacco industry interests Association, which is a local chapter of the California without appearing to." Restaurant Association. Rogers works for Ray McNally & Associates, a public relations firm in Sacramento. Bradley W.Hertz Manolakas has connections with Tim Pueyo and is also 15223 Magnolia Boulevard,Suite A involved with Sacramentans for a Fair Business Policy. Sherman Oaks,California 91403 The group is working with Dr. Edward Munz of ENV (818) 789-3322 Services to conduct indoor air quality studies comparing FAX: (818) 789-4995 smoking and nonsmoking restaurants. The organization Received$3,239.51 from Californians for Fair Business appears to be run out of the offices of the public relations Policy(CFPB)in consulting fees. Hertz coordinated the • firm Ray McNally&Associates,since office staff is able Long Beach referendum drive,and attended every hearing ' to transfer calls to Ray McNally&Associates,and the two but did not testify. According to Barry Fadem,an attorney organizations share a fax number. with Bagatalos&Fadem(a San Francisco law firm which has represented the tobacco industry for many years and TBP POLITICAL CONSULTING which receives a great deal of money from CFBP).Hertz Tim Pueyo is the official spokesperson for CFBP. His answering 2435 Polk Street,Suite 8 machine has a message indicating that it is for CFBP. San Francisco,California 94109 (415)474-6295 John Hoy (800)333-8683 3208 Cahuenga Boulevard West#162 Pueyo has admitted to the press that he works for the Los Angeles,California 90068 tobacco industry. In 1990, Pueyo was one of several (213) 874-3036 consultants who helped R.J.Reynolds organize smokers in (800) 333-8683 230 communities around the country. In Eureka and other Identified in a July 1992 letter from RJ Reynolds'as being Northern California cities,Pueyo told smokers to call him one of three of their representatives who organize"smok- if an ordinance was introduced so that he could help them ers' rights" groups in California. The.toll-free number fight it. He warned them to deny that R.J. Reynolds was provided with his name is for RJR. involved,and to tell the media that they had spontaneously organized to protect their rights. He was listed as president Dr.Maurice Levoix of Sacramentans for Fair Business Policy, which is now For the past two years,Dr.Levoix has repeatedly testified Californians for Fair Business Policy, and he loaned against smoking restrictions, claiming that the studies $1,200 to TUFF in Lodi,the organization which attempted demonstrating the health risks of passive smoking are - 6 flawed and inconclusive. In October of 1992, when memo regarding the victory of the Paradise smokefree questioned during testimony before the California Air ballot measure. Resources Board, Dr. Levoix finally admitted that he received funding from the tobacco industry. Kent Rhodes 5400 Front Street Sam Manolakes Rocklin,CA 95677 Owner of Bradshaws Restaurant in Sacramento County, 632-2525 and a leader of Sacramentans for Fair Business Policy. Providing tobacco industry ordinance identical to one Recently has been working in El Dorado County and distributed in El Dorado County to Placer County Super- Roseville to organize business community against proposed visor Mike Fluty. Evidently also working with Bev smoking ordinance. He is alsoi nvolved with Diann Rogers Bedard of the North Lake Tahoe Chamber of Commerce, and the Sacramento Restaurant Merchants Association. who wants the Tahoe area to be exempt from any smoking ordinance. Connection to tobacco industry is obscure. Pat McWhorter Phone number leads to"TCC"in Rocklin. Tobacco Institute 1-800-454-3543 Robert Schuman Met with El Dorado County Department of Health along 2307 Galveston Street with Diann Rogers and Sam Manolakes. Probably the San Diego,California 92110 source of the tobacco industry compromise ordinance that (619)276-5808 has circulated in El Dorado and Placer Counties. He has (800)333-8683 also contacted the Amador County Health Department, Robert Schuman is identified in a letter from RJ Reynolds and may be working in other areas in the state as well. as being one of three representatives who organize"smok- ers'rights"groups in California. The toll-free number is John Nelson for RJR. 2320 Hooke Way Sacramento, CA 94822 Dave Tambling Nelson contacted the Chino Hills City Clerk, seeking 5690 DTC Boulevard#315 information on the sponsor of a smokefree ordinance Englewood, Colorado 80111 pending in Chino Hills. Specifically,he wanted informa- Dave Tambling has called city councils throughout Cali- tion on hercampaign expenditures. Nelson also traveled forma asking about proposed tobacco control policies. He from Sacramento to Southern California to attend a appears to work for a research firm that represents the Chino Hills city council meeting. The name Jolin R. tobacco industry. Nelson,Jr.appears on an April 2, 1992 Tobacco Institute 7 �M Y� N. MM 1 , ENVIRONMENTAL TOBACCO SMOKE BACKGROUND United States Office of June 1989 Environmental Protection Air and Radiation Agency (ANR-445) ®EPA Indoor Air Facts No. 5 Environmental Tobacco Smoke Environmental Tobacco Smoke (ETS) is one of the Why ETS Is Harmful most widespread and harmful indoor air pollutants. ETS comes from secondhand smoke exhaled by Because the organic material in tobacco doesn't burn smokers and sidestream smoke emitted from the completely,cigarette smoke contains more than 4,700 burning end of cigarettes, cigars, and pipes. ETS is chemical compounds, including: carbon monoxide, a mixture of irritating gases and carcinogenic tar nicotine, carcinogenic tars,sulfur dioxide,ammonia, Particles. It is a known cause of lung cancer and nitrogen oxides, vinyl chloride, hydrogen cyanide, respiratory symptoms, and has been linked to heart formaldehyde, radionuclides, benzene, and arsenic. disease. Breathing in ETS is also known as 'involun— These chemicals have been shown in animal studies tary' or 'passive" smoking. to be highly toxic. Many are treated as hazardous when emitted into outdoor air by toxic—wastc dumps What's The Big Deal About A Little Smoke? and chemical plants. In the United States, 50 million smokers annually There are 43 carcinogenic compounds in tobacco smoke approximately 600 billion cigarettes, 4 billion smoke. In addition,-some substances are mutagcnic, cigars, and the equivalent of 11 billion pipesful of which means they can cause permanent, often tobacco. Since eo le spend a harmful, changes in the genetic material of cells. p p p approximately 90 EPA research has shown that ETS is the major perr,ent of their time indoors, this means that about 467,000 tons of tobacco are burned indoors each source of mutagens indoors when smoking occurs. year. Over a 16—hour day, the average smoker Higher levels of mutagenic particles are found in smokes about two cigarettes per hour, and takes homes with ETS than in homes with wood stoves or about ten minutes per cigarette. Thus, it takes only in outdoor urban environments with numerous diesel a few smokers in a given space to release a more—or— trucks and buses. less steady stream of ETS into the indoor air. Many studies have shown that nonsmokers absorb In 1985, three major bodies were independently ETS components in their body fluids. The effect of •� convened to consider the public health implications ETS on nonsmokers. depends on the duration of of passive smoking. Commissioned by the U.S, exposure. According to the National Research Public Health Service under the Surgeon General, by Council, short—term visitors to a smoking area arc the National Research Council (NRC) at the request most likely to be annoyed by the tobacco smoke of EPA, and b the congressional] odors, whereas nonsmoking occupants of the area Y g y-mandated are more likely to complain about irritating effects Interagency Task Force on Environmental Cancer, to the eyes, nose or throat. Long—term exposure to Heart, and Lung Disease, the three bodies arrived at ETS may lead to more serious health effects. a consensus: passive smoking significantly increases the risk of lung cancer in adults. In the words of the Impact On Children Surgeon General, "a substantial number of the lung cancer deaths that occur among nonsmokers can be Passive smoking induces serious respiratory symp- attributed to involuntary smoking.' Moreover, there toms in children. Wheezing, coughing and sputum was agreement that passive smoking substantially production among children of smoking parents increases respiratory illness in children and the NRC increase by 20 percent to 80 percent depending on recommended eliminating ETS from the environ— the symptom being assessed and the number of merits of small children. smokers in the household. Asthmatic children are particularly at risk. Printed on Recycled Paper Children of smokers have significantly higher can double the amount of particulate air pollution rates of hospitalization for bronchitis and pneu- 'inhaled by nonsmoking members of the household. monia, and a number of studies report that chronic car infections are more common in young children Evidence Of Nonsmoker Exposure whose parents smoke. Also lung development is slower in children exposed to ETS. Lung problems Nicotine, a chemical unique to tobacco, has been caused by ETS exposure in childhood can extend into found to'be a widespread air contaminant in build- adult life. ings where smoking occurs. Nicotine breaks down into cotinine as it passes through the body. Cotinine ETS And Cancer can be detected and measured in the saliva, blood, and urine of nonsmokers, indicating they have The U.S. Surgeon General and the NRC agree that absorbed tobacco smoke from the air. Concentra- ETS can cause cancer. The NRC estimates that the tions of cotinine have been found in the body fluids risk of lung cancer is roughly 30 percent higher for of infants of smoking parents, and of adults who nonsmoking spouses of smokers than for nonsmoking were-unaware they had been exposed to ETS.' spouses of nonsmokers. In 1986, an estimated 23,000 U.S: nonsmokers died from lung cancer, and the Removal Of ETS From Indoor Air Surgeon General attributes a substantial number of those deaths to passive smoking. Environmental tobacco smoke can be totally removed r from the indoor air only by-removing the source ETS And Heart Disease (cigarette smoking). Separating smokers and non- smokers in the same room may reduce, but will not The Interagency Task Force on Environmental eliminate, nonsmokers' exposure to tobacco smoke. Cancer, Heart, and Lung Disease Workshop on ETS placing smokers and non-smokers in separate rooms concluded that the effects of ETS on the heart may that are on the same ventilation system also may be of even greater concern than its cancer-causing reduce nonsmokers' exposure to tobacco smoke; this -,ffects on the lungs. ETS aggravates the condition approach, however, will probably not eliminate ,f people with heart disease, and several studies have exposure to tobacco smoke since most pollutants linked involuntary smoking with heart disease. readily disperse through a common air space and since, in public or commercial buildings, most ETS's Contribution To Indoor Air Pollution I4VAC systems recirculate much of the contaminated There are many potential sources of indoor air indoor air. pollution,' including chemicals emanating from In 1981, the American Society of I{eating, Refri- building materials, furnishings, and consumer pro- gerating, and Air-Conditioning Engineers .ducts; gases from combustion appliances like space (ASHRAE), in its standard "Ventilation for Accept- „^ heaters and furnaces; and biological contaminants able Indoor Air Quality" recommended five cubic from a variety of sources. Because cigarettes, pipes, feet of outside air per minute per occupant and cigars produce clouds of tar particles when (cfm/occ) in smoke-free office buildings and 20 smoked, ETS is a major contributor of particulate cfm/occ in buildings where smoking is permitted. indoor air pollution. ETS also contributes numerous These recommendations were not designed to reduce toxic gases to indoor air, including carbon monoxide, health risks (for example, limiting cancer incidence formaldehyde and ammonia. or eye irritation); rather, the recommendations were Field studies, controlled experiments,and mathe-. intended to control the odor from tobacco smoke so matical models show that,under typical conditions of that 80 percent of visitors (smokers and nonsmokers. smoking and ventilation, ETS diffuses rapidly combined) to the building find it acceptable. A throughout buildings and homes, persists for long Proposed revision of this standard recommends a periods after smoking ends, and represents one of minimum of 15 cfm/occ in all buildings. the strongest sources of indoor-air particulate pol- Research indicates that total removal of tobacco' lution in buildings where smoking is permitted. smoke 'through ventilation is both technically and Studies of indoor air quality in commercial and economically impractical. The effectiveness of air public buildings show that particulate levels in areas filters for removing ED'S particles from the indoor here smoking is permitted are considerably higher air is generally dependent on the type and efficiency .Ilan in nonsmoking areas. Studies using personal air of the air cleaner used; the effectiveness of air monitors have shown that a single smoker in a home cleaners in removing the gaseous components of 2 I tobacco smoke and other air pollutants requires Association, Cancer Society or Heart Association, or further rz search. the following: Since there is no established, health-based thres- hold for exposure to environmental tobacco smoke Office on Smoking and Health. and since EPA generally does not recognize a no- U.S. Public Health Service effect or safe level for cancer causing agents, the 5600 Fishers Lane, Room 1-10 Agency recommends that exposure to environmental Rockville, MD 20857 tobacco smoke be minimized wherever possible. The Public Relations Office most effective way to minimize exposure is to American Society of Pleating restrict smoking to smoking areas that are separately Refrigerating and Air Conditioning ' ventilated and directly exhausted to the outside, or Engineers (ASI•iRAE) by eliminating smoking in the building entirely. 1791 Tullie Circle•, NE. Atlanta, GA 30329 The Public Reaction To ETS Office of Cancer Communications People are becoming increasingly sensitized to the National Cancer Institute issue of ETS. Numerous surveys have documented 1-800-4-CANCER that the majority of both smokers and nonsmokers support restrictions on smoking Smoking Policy Institute su pp g in public,particular- 914 East Jefferson ly in the workplace. In a 1987 Gallup National Suite 219 Opinion Survey, 55 percent of all persons inter- P.O. Box 20271 viewed (including smokers and nonsmokers) were in Seattle, WA 98102 favor of a total ban on all smoking in public places. As a result, thousands of businesses and hundreds fi rairlcans for Nonsmokers' RIghts of cities, as well as over 40 states and the District of 2530 San Pablo Ave., Suite J Columbia restrict smoking in various settings. The Berkeley, CA 94702 number continues to grow rapidly. Action on Smoking and Health Conclusion 2013 11 Street, NW. EPA shares the recommendations of the 1986 Sur- Washington, DC 20006 geon General's Report: Cigarette smoke is only one of many indoor air o Adults should protect the health of children by pollutants that can affect your health and comfort. not exposing them to environmental tobacco Other EPA publications concerning the quality of smoke. indoor air include: o Employers and employees should ensure that the o The Inside Story: A Guide to Indoor Air Quality act of smoking does not expose nonsmokers to o Directory of State Indoor Air Contacts environmental tobacco smoke •by restricting o Indoor Air Facts #I: EPA and Indoor Air Quality smoking to separately ventilated areas or banning o Indoor Air Facts n2: EPA Indoor Air Quality smoking from buildings. Implementation Plan o Smokers should ensure that their behavior does o Indoor Air Facts #3: Ventildlion and.Air Quality not jeopardize the health of others. in Offices o Indoor Air Facts #4: Sick Buildings o Nonsmokers should support smokers who are trying to quit. These publications, as well as additional copies of this fact sheet, are available from: For More Information Public Information Center U.S. Environmental Protection Agency For additional information on environmental tobacco Mail Code PM-211 B smoke, contact your state or local health depart- 401 M Street, SW. ments, nonprofit agencies such as your local Lung Washington, DC 20460 3 ulluu..wu w., .�ul„� ... ......„u,.... _..... ...:,uu v .u� u..0 �: ........... ............ - Environmental Protection Development Radiation December 1992 Agency Washington,DC 20460 Washington,DC 20460 14=�EPA Respiratory Health Effects of Passive Smoking : Lun g Cancer and Other Disorders .......... ............................ ............................................... ................ x! I �. 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I i101.' it III jl !,! �IIIII, lawn it �I!L. iM I �; r, ,� r!P II� �IIII II I ,� , .III VIII IIiIII�I., (il,i'i III. 71�i , EPA/600/6-90/006F December 1992 ij RESPIRATORY HEALTH EFFECTS OF PASSIVE SMOKING: LUNG CANCER AND OTHER DISORDERS !. i 4 S r f • f 1 , : t ?p Major funding for this report has been provided by the Indoor Air Division, Office of Atmospheric and Indoor Air Programs i Office of Health and Environmental.Assessment Office of Research and Development U.S. Environmental Protection Agency Washington, D.C. Printed on Recycled Paper 1 CONTENTS"' Tables . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . 6 , vii Figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . xii Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiv Authors, Contributors, and Reviewers . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . xv 1. SUMMARY AND CONCLUSIONS . . . . . . . .. . . . . . . . . . . . . . . . 1-1 I.I. MAJOR CONCLUSIONS . . . . . . . . . . . : . .'. . . . . . . . .'. . . . . . . . . . . . . . . . . 1-I 1.2. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 1.3. PRIMARY FINDINGS . . . . . . . . . . . .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 1-4 1.3.1. ETS and Lung Cancer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 1.3.1.1. Hazard Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 1.3.1.2. Estimation of Population Risk . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11 1.3.2. ETS and Noncancer Respiratory Disorders . . . . . . . . . . . . . . . . . . . . . . 1-12 2. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 2.1. FINDINGS OF PREVIOUS REVIEWS . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2 2.2. DEVELOPMENT OF EPA REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5 2.2.1. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5 2.2.2. Use of EPA's Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6 2.2.3. Contents of This Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8 3. ESTIMATION OF ENVIRONMENTAL TOBACCO SMOKE EXPOSURE . . . . . . . . . 3-1 ._ 3.1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 3.2. PHYSICAL AND CHEMICAL PROPERTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2 3.3. ASSESSING ETS EXPOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-10 3.3.1. Environmental Concentrations of ETS . . . . . . . . . . . . . . . . . . . . . . . . . . 3-12 3.3.1.1. Markers for Environmental Tobacco Smoke 3-18 3.3.1.2. Measured Exposures to ETS-Associated Nicotine and RSP . . . . 3-22 33.2. Biomarkers of ETS Exposure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-40 3.3.3. Questionnaires for Assessing ETS Exposures . . . . . . . . . . . . . . . . . . . . . . 3-48 3.4. SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-51 4. HAZARD IDENTIFICATION I: LUNG CANCER IN ACTIVE SMOKERS, LONG-TERM ANIMAL BIOASSAYS, AND GENOTOXICITY STUDIES . . . . . . . . . 4-1 4.1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 4.2. LUNG CANCER IN ACTIVE SMOKERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2 4.2.1. Time Trends . . . . . . . . . . . . . . . . 4-2 4.2.2. Dose-Response Relationships . . . . . . . . 4-5 4.2.3. Histological Types of Lung Cancer and Associations With Smoking . . . . . 4-10 4.2.4. Proportion of Risk Attributable to Active Smoking . . . . . . . . . . . . . . . . . 4-23 iii i CONTENTS (continued) 4.3. LIFETIME ANIMAL STUDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-23 4.3.1. Inhalation Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-25 4.3.2. Intrapulmonary Implantations of Cigarette Smoke Condensates • • • • • . . . 4-25 4-26 4.3.3. Mouse Skin Painting of Cigarette Smoke Condensates . . . . . . . . . . . . . . . 4-27 4.4. GENOTOXICITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-27 4.5. SUMMARY AND CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. HAZARD IDENTIFICATION II: INTERPRETATION OF EPIDEMIOLOGIC STt1DIES ON ENVIRONMENTAL TOBACCO SMOKE AND LUNG CANCER . . . . 5-1 5.1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 5.2. RELATIVE RISKS USED IN STATISTICAL INFERENCE . . . . . . . . . . . . . . . . 5-15 5.2.1. Selection of Relative Risks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15 5.2.2. Downward Adjustment to Relative Risk for Smoker Misclassification Bias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-22 5.3. STATISTICAL INFERENCE . . 5-25 5.3.1. Introduction . . . . . . . . . . . . . . . . . 5-25 5.3.2. Analysis of Data by Study and Country . . . . . . . . . . . . . . . . . . . . . . . . . . 5.3.2.1. Tests for Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-31 5.3.2.2. Confidence Intervals • • • • • • • • • • • • • • • • • . . . . 5-34 5-36 5.3.3 Analysis of Data by Exposure Level . . . . . . . . . . . . . . . . . . . . • • • • • . . . . -36 5.3.3.1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . S 5-37 5.3.3.2. Analysis of High-Exposure Data . . . . . . . . . . . . . . . . . . . . . . . . 5.3.3.3. Tests for Trend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-40 5.3.4. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-51 5.4. STUDY RESULTS ON FACTORS THAT MAY AFFECT LUNG CANCER RISK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48 5.4.1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-48 5.4.2. History of Lung Disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-51 5.4.3. Family History of Lung Disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-53 5.4.4. Heat Sources for Cooking or Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-53 5.4.5. Cooking With Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-54 ,s 5-54 5.4.6. Occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-55 5.4.7. Dietary Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-60 5.4.8. Summary on Potential Modifying Factors . . . . . . . . . . . . . . . . ' S.S. ANALYSIS BY TIER AND COUNTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-60 5.6. CONCLUSIONS FOR HAZARD IDENTIFICATION . . . . . . . . . . . . . . . . . . . . . 5-63 5-63 5.6.1. Criteria for Causality . . . . . . . . . . . . . . . . . . . . . . . . . . . • 5-67 5.6.2. Assessment of Causality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . 5-68 5.6.3. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. POPULATION RISK OF LUNG CANCER FROM PASSIVE SMOKING . . . . . . . . . . 6-1 6.1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 6.2. PRIOR APPROACHES TO ESTIMATION OF POPULATION RISK . . . . . . . . . 6-1 6.2.1. Examples Using Epidemiologic Data 6-2 6.2.2. Examples Based on Cigarette-Equivalents 6-5 { t- iv } CONTENTS (continued) 6.3. THIS REPORT'S ESTIMATES OF LUNG CANCER MORTALITY ATTRIBUTABLE TO ETS IN THE UNITED STATES . . . . . .. . . . . . . . . . . . 6-8 6.3.1. Introduction and Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8 6.3.2. Parameters and Formulae for Attributable Risk . . . . . . . . . . . . . . . . . . 6-10 6.3.3. U.S. Lung Cancer Mortality Estimates Based on Results of Combined Estimates from I U.S. Studies . . . . . . . . . . . . . . . . . . . . . . . . 6-16 6.3.3.1. U.S. Lung Cancer Mortality Estimates for Female Never-Smokers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17 6.3.3.2. U.S. Lung Cancer Mortality Estimates for Male Never-Smokers . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 6-17 6.3.3.3. U.S. Lung Cancer Mortality Estimates for'Long-Term (5+ Years) Former Smokers . . . ... . . . . . . . . . . . . . . . . . . . . . . . 6-20 6.3.4. U.S. Lung Cancer Mortality Estimates Based on Results of the Fontham et al. (1991) Study (FONT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-21 6.3.5. Sensitivity to Parameter Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-27 6.4. SUMMARY AND CONCLUSIONS ON POPULATION RISK . . . . . . . . . . . . . . 6-29 7. PASSIVE SMOKING AND RESPIRATORY DISORDERS OTHER THAN CANCER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 7.1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 7.2. BIOLOGICAL MECHANISMS . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2 7.2.1. Plausibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2 7.2.2. Effects of Exposure In Utero and During the.First Months of Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3 7.2.3. Long-Term Significance of Early Effects on Airway Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6 7.2.4. Exposure to ETS and Bronchial Hyperresponsiveness . . . . . . . . . . . . . . . . 7-7 7.2.5. ETS Exposure and Atopy .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9 7.3. EFFECT OF PASSIVE SMOKING ON ACUTE RESPIRATORY ILLNESSES IN CHILDREN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10 7.3.1. Recent Studies on Acute Lower Respiratory Illnesses . . . . . . . . . . . . . . . . 7-'11 7.3.2. Summary and Discussion of Acute Respiratory Illnesses . . . . . . . . . . . . 7-20 7.4. PASSIVE SMOKING'AND ACUTE AND CHRONIC MIDDLE EAR DISEASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-21 7.4.1. Recent Studies on Acute and Chronic Middle Ear Diseases . . . . . . . . . . . . 7-22 7.4.2. Summary and Discussion of Middle Ear Diseases . . . . . . . . . . . . . . . . . . . 7-28 7.5. EFFECT OF PASSIVE SMOKING ON COUGH, PHLEGM, AND WHEEZING 7-30 7.5.1. Recent Studies on the Effect of Passive Smoking on Cough, Phlegm, and Wheezing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-30 7.5.2. Summary and Discussion on Cough, Phlegm, and Wheezing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-41 7.6. EFFECT OF PASSIVE SMOKING ON ASTHMA . . . . . . . . . . . . . . . . . . . . . . . . 7-43 7.6.1. Recent Studies on the Effect of Passive Smoking on Asthma in Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-44 7.6.2. Summary and Discussion on Asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-50 7.7. ETS EXPOSURE AND SUDDEN INFANT DEATH SYNDROME . . . . . . . . . . . 7-51 f v N ' �1 ' i .j i 3 I CONTENTS (continued) ' ` 7-57 7,8. PASSIVE SMOKING AND LUNG FUNCTION IN CHILDREN . . . . . . . . . . 7.8.1. Recent Studies on Passive Smoking and Lung Function 7-57 in Children . . . . Function 7.8.2.. Summary and Discussion on pulmonary 7-63 in Children. - . . . . . . . . . . . . . . . 7.9. PASSIVE SMOKING AND RESPIRATORY SYMPTOMS AND 7-64 LUNG FUNCTION IN ADULTS . . . . . . . . . . . . . . . . . . . . . . . . . M 7.93. Recent Studies on Passive Smoking and Adult Respiratory 7-64 . . . . . . . . . . . . . . . . . Symptoms and Lung Function • 'Respiratory Symptoms and -- 7.9.2. Summary and Discussion on Resp Y Y 7-68 Lung Function in Adults . . . . . . . . . . . . . . . . . 8. ASSESSMENT OF INCREASED RISK FOR RESPIRATORY ILLNESSES IN 8-1 CHILDREN FROM ENVIRONMENTAL TOBACCO SMOKE . . . . . . . . . . .. . . . . . . . . . '8-1 8.1. POSSIBLE ROLE OF CONFOUNDING • • 8-2 8.2. MISCLASSIFICATION OF EXPOSED AND.UNEXPOSED SUBJECTS 8-2 8.2.1. Effect of Active Smoking in Children . . . . . . . . ; 8-3 8.2.2. Misreporting and Background Exposure . . . . 8-5 8.3. ADJUSTMENT FOR BACKGROUND EXPOSURE . 8.4. ASSESSMENT OF RISK . . . . . . . . . . . 8-10 8.4.1. Asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13 Lower Respiratory Illness 8-15 ' 8.4.2. Syndrome . . . . . . . . . . . . . . . . . . . . 8.4.3. Sudden Infant Death Sy , , , , , . . 8-15 8.5. CONCLUSIONS . . . . . . . . . . . . . • • • • • • ' ' . . . ADD-1 ADDENDUM: PERTINENT NEW STUDIES ` APPENDIX A: REVIEWS AND TIER ASSIGNMENTS FOR EPIDEMIOLOGIC A-I STUDIES OF ETS AND LUNG CANCER . . . • • • • • • • • • • ' ' ' ' ' METHOD FOR CORRECTING RELATIVE RISK FOR APPENDIX B: M , , , , , . . . . B-1 SMOKER MISCLASSIFICATION . . . . . . . . . . . . . . . . . PPENDIX C: LUNG CANCER MORTALITY RATES ATTRIBUTABLE TO A C-1 SPOUSAL ETS IN INDIVIDUAL EPIDEMIOLOGIC STUDIES . . . . APPENDIX • , D-1 D: STATISTICAL FORMULAE . . . . . . . . . . . . . . . . . • . . R-1 • SELECTED BIBLIOGRAPHY . . . . . . • • • • • • • • • . • ' ' ' ' ' ' • • . • • • • • , vi I � i is 1. SUMMARY AND CONCLUSIONS 1.1. MAJOR CONCLUSIONS Based on the weight of the available scientific.evidence, the U.S. Environmental Protection Agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke (ETS) in the United States presents a serious and substantial public health c impact. In adults: • ETS is a human lung carcinogen, responsible for approximately 3,000 lung a cancer deaths annually in U.S. nonsmokers. In children: { 4 • ETS exposure is causally associated with an increased risk of lower respiratory tract infections (LRIs) such as bronchitis and pneumonia. This , E report estimates that 150,000 to 300,000 cases annually in infants and young a t children up to 18 months of age are attributable to ETS. • ETS exposure is causally associated with increased prevalence of fluid in the middle ear, symptoms of upper respiratory tract irritation, and a small but significant reduction in lung function. • ETS exposure is causally associated with additional episodes and increased t i severity of symptoms in children with asthma. This report estimates that 200,000 to 1,000,000 asthmatic children have their condition worsened by exposure to ETS. • ETS exposure is a risk factor for new cases of asthma in children who have not previously displayed symptoms. CURRENT INTELLIGENCE BULLETIN 54 ENVIRONMENTAL TOBACCO SMOKE IN THE WORKPLACE Lung Cancer and Other Health Effects U.S. Department of Health and Human Services Public Health Service Centers for Disease Control National Institute for Occupational Safety and Health Division of Standards Development and Technology Transfer Division of Surveillance, Hazard Evaluations, and Field Studies June 1991 FOREWORD Current Intelligence Bulletins (CIBs)are issued by the National Institute for Occupational Safety and Health (NIOSH),Centers for Disease Control,Atlanta, Georgia,to disseminate new scientific information about occupational hazards. A CIB may draw attention to a formerly unrecognized hazard, report new data on a known hazard, or disseminate infor- mation on hazard control. CIBs are distributed to representatives of academia,industry,organized labor,public health agencies,and public interest groups,as well as to Federal agencies responsible for ensuring the safety and health of workers. 1 Copies are available to individuals upon request from the Division of Standards Develop- ment and Technology Transfer, NIOSH (Robert A. Taft Laboratories, 4676 Columbia Parkway,Cincinnati,Ohio 45226). We welcome suggestions concerning the content,style, and distribution of these documents. i The purpose of this bulletin is to disseminate information about the potential risk of cancer to workers exposed to environmental tobacco smoke(ETS). In 1964,the Surgeon General issued the first report on smoking and health,which concluded that cigarette smoking causes lung cancer. Since then,research on the toxicity and carcinogenicity of tobacco smoke has demonstrated that the health risk from inhaling tobacco smoke is not limited to the smoker, but also includes those who inhale ETS. ETS contains many of the toxic agents and carcinogens that are present in mainstream smoke, but in diluted form. Recent epidemiologic studies support and reinforce earlier published reviews by the Surgeon General and the National Research Council demonstrating that exposure to ETS can cause lung cancer. These reviews estimated the relative risk of lung cancer to be approximately 1.3 for a nonsmoker living with a smoker compared with a nonsmoker living with a nonsmoker. In addition, recent evidence also suggests a possible association between exposure to ETS and an increased risk of heart disease in nonsmokers. Although these data were not gathered in an occupational setting, ETS meets the criteria of the Occupational Safety and Health Administration (OSHA) for classification as a potential occupational carcinogen [Title 29 of the Code of Federal Regulations, Part 1990]. NIOSH therefore considers ETS to be a potential occupational carcinogen and recommends that exposures be reduced to the lowest feasible concentration. All available preventive measures should be used to minimize occupational exposure to ETS. i � NIOSH urges employers to disseminate this information to employees. NIOSH also requests that professional and trade associations and unions inform their members about the potential hazards of exposure to ETS. Readers seeking more detailed information about the studies cited in this bulletin are urged to consult the original publications. WJ�. ald Millar,M.D., D.T.P.H. (Loud.) Assistant Surgeon General Director,National Institute for Occupational Safety and Health Centers for Disease Control iv d ABSTRACT The National Institute for Occupational Safety and Health (NIOSH) has determined that environmental tobacco smoke(ETS)is potentially carcinogenic to occupationally exposed workers. In 1964,the Surgeon General issued the first report on smoking and health,which concluded that cigarette smoke causes lung cancer. Since then,research on the toxicity and carcinogenicity of tobacco smoke has demonstrated that the health risk from inhaling tobacco smoke is not limited to the smoker, but also includes those who inhale ETS. ETS contains many of the toxic agents and carcinogens that are present in mainstream smoke, but in diluted form. Recent epidemiologic studies support and reinforce earlier published reviews by the Surgeon General and the National Research Council demonstrating that exposure to ETS can cause lung cancer. These reviews estimated the relative risk of lung cancer to be approximately 1.3 for a nonsmoker living with a smoker compared with a nonsmoker living with a nonsmoker. In addition, recent evidence suggests a possible association between exposure of nonsmokers to ETS and an increased risk of heart disease. Although these data were not gathered in an occupational setting,ETS meets the criteria of the Occupational Safety and Health Administration (OSHA) for classifying substances as potential occupational carcinogens[Title 29 of the Code of Federal Regulations,Part 1990]. NIOSH therefore recommends that ETS be regarded as a potential occupational carcinogen in conformance with the OSHA carcinogen policy, and that exposures to ETS be reduced to the lowest feasible concentration. Employers should minimize occupational exposure to ETS by using all available preventive measures. V CONTENTS Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Abstract . . . . . . . . . . . . . . . . Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Reports of the Surgeon General on the Health Effects of Tobacco Smoke . . . . . . 1 Comparison of the Chemical Composition of ETS and MS . . . . . . . . . . . . . 2 Potential for Occupational Exposure . . . . . . . . . . . . . . . . . . . . . . . . . 2 Epidemiologic Studies of Nonsmokers Exposed to ETS . . . . . . . . . . . . . . . 4 Lung Cancer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Surgeon General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 NRC [1986] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Wald et al. [1986] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Blot and Fraumeni [198 6] . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Hole et al. [1989] . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 5 Brownson et al. [1987] . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Humble et al. [1987] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Gao et al. [1987] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Lam et al. [1987] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Janerich et al. [1990] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Shimizu et al. [1988] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Geng et al. [1988] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Summary of Results from Lung Cancer Studies . . . . . . . . . . . . . . . 8 Heart Disease . . . . . . . . . . . . . . . . . . . . 9 Surgeon General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 NRC [1986] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Other Epidemiologic and Experimental Studies . . . . . . . . . . . . . . . 9 Summary of Results from Heart Disease Studies . . . . . . . . . . . . . 11 Other Adverse Health Effects . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Methods for Controlling Involuntary Exposure to ETS . . . . . . . . . . . . . . 12 Eliminating Tobacco Use from the Workplace . . . . . . . . . . . . . . . . . 13 Isolating Smokers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Research Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Appendix. Positions of Other Agencies Regarding ETS . . . . . . . . . . . . . . . . 18 vii CURRENT INTELLIGENCE B ULLE TIN 54 ENVIRONMENTAL TOBACCO SMOKE IN THE WORKPLACE Lung Cancer and Other Health Effects INTRODUCTION • Results from recent epidemiologic studies of nonsmokers exposed to ETS Tie Surgeon General has concluded that tobacco smoke is a carcinogen and an important risk factor Methods for controlling involuntary exposures to for heart disease. The purpose of this bulletin is to ETS in the workplace are also discussed. disseminate information about the potential car- cinogenicity of environmental tobacco smoke* (ETS) in the workplace. Evidence is now clear REPORTS OF THE SURGEON GENERAL that the health risk from inhaling tobacco smoke is ON THE HEALTH EFFECTS OF TOBACCO not limited to the smoker, but also includes those SMOKE who inhale ETS. Recent epidemiologic studies of nonsmokers exposed to ETS have shown an in- 1964,the Surgeon General issued the first report creased relative risk for lung cancer compared with on smoking and health, which concluded that unexposed nonsmokers. In addition, recent cigarette smoke causes cancer [DREW 1964]: evidence suggests that exposure of nonsmokers to ETS may be associated with an increased risk of Cigarette smoking is causally related to lung heart disease. This bulletin describes the results cancer in men; the magnitude of the effect of and implications of these studies. cigarette smoking far outweighs all other fac- tors. The data for women,though less exten- The conclusions and recommendations in this Cur- sive, point in the same direction. . . . The risk rent Intelligence Bulletin (CIB) are based on the of developing lung cancer increases with followin g: duration of smoking and the number of cigarettes smoked per day,and is diminished • Reports of the Surgeon General on the health by discontinuing smoking. effects of tobacco smoke Since 1964,evidence has continued to support the • Comparison of the chemical composition of causal relationship between exposure to cigarette ETS with that of mainstream smokef (MS) smoke and lung cancer, demonstrating that risk increases with amount and duration of smoking. 'Tobacco smoke in the ambient atmosphere composed of Subsequent research has increased our knowledge sidestream smoke and exhaled mainstream smoke. See about the toxicity and carcinogenicity of tobacco page viii for a complete list of defuzitions and abbreviations. sup- Smoke drawn through the tobacco and into the smoker's smoke and the risks of exposure. Additional mouth. port for the Surgeon General's conclusion has June 1991 1 NIOSH CIB 54 Environmental Tobacco Smoke come from (1) animal studies that demonstrated A major reason that undiluted SS and MS have the carcinogenicity of tobacco smoke condensate, different concentrations of toxic and carcinogenic and (2) analytical studies demonstrating that agents is that peak temperatures in the burning tobacco smoke contains carcinogens [DHEW cone of a cigarette reach 800° to 900°C during 1972; DHHS 1982]. Cigarette smoking is the puffing, but only 600°C between puffs, resulting major cause of lung cancer (87% of lung cancer in less complete combustion of tobacco during deaths) and is estimated to account for 30% of all generation of SS. In addition,most of the burning cancer deaths [DHHS 1989]. cone is oxygen deficient during smoldering and produces a strongly reducing environment [NRC The 1964 Surgeon General's report also pointed 1986]. Table 1 lists 26 toxic and carcinogenic out that male cigarette smokers have higher death agents identified in SS and MS. rates from heart disease than nonsmokers. Sub- sequent reports have concluded that cigarette ETS is diluted in the air before it is inhaled and smoking is a major cause of heart disease and that thus is less concentrated than MS. However, ac- smoking is a major independent risk factor for tive inhalation of MS is limited to the time it takes heart attack [DHEW 1968; DHHS 1983]. to smoke each cigarette,whereas exposure to ETS is constant over the period spent in the ETS-polluted On July 1, 1965, Congress approved the Federal environment. This fact is reflected in measure- Cigarette Labeling and Advertising Act of 1965 ments of nicotine uptake by smokers and ETS- (Public Law 89-92). This law,which became effec- exposed nonsmokers [DHHS 19891. tive on January 1, 1966,was the first of a continuing series of Federal statutes enacting warning labels to inform the public about the health hazards of smok- POTENTIAL FOR OCCUPATIONAL ing and, subsequently, the use of other tobacco EXPOSURE products. Presently, the Comprehensive Smoking Education Act(Public Law 98-474)[Title 15,§ 1331 Approximately 29% of the U.S. adult population of the U.S. Code] requires cigarette companies to smokes cigarettes, and exposure to ETS is com- rotate four health warnings on all cigarette packages mon [DHHS 19891. Many people who report no and in advertisements. exposure to ETS have low concentrations of cotinine (a metabolite of nicotine) in their urine, COMPARISON OF THE CHEMICAL indicating exposure. The average concentration of COMPOSITION OF ETS AND MS cotinine in the urine of nonsmokers has been reported to be approximately 8 ng/ml compared ETS contains many of the toxic agents and car- with approximately 1,200 ng/ml in smokers cinogens that are present in MS,but in diluted form [Cummings et al. 1990]. The National Research [DHHS 1986]. The major source of ETS is Council (NRC) estimated that nonsmokers ex- sidestream smoke" (SS), which contains higher pad to ETS averaged 25 ng of urinary codnine/ml, amounts of some toxic and carcinogenic agents and active smokers averaged 1,825 ng/ml [NRC than MS when it is obtained in its undiluted form 1986]. Husgafvel-Pursiainen et al. [1987] found under laboratory conditions [DHHS 1989]. For that nonsmoking restaurant workers had an example, the release of volatile N-nitrosamines average urinary cotinine concentration of and aromatic amines is higher in SS than in MS. 56 ng/ml,and nonsmokers not exposed to ETS had an average concentration of 8.3 ng/ml. Other *Smoke generated by(1)smoldering tobacco between puffs, investigators have shown that nonsmokers and (2) smoke diffusing through the cigarette paper and living with smokers have approximately two to escaping from the burning cone during puffing. three times the amount of urinary cotinine as 2 June 1991 Environmental Tobacco Smoke NIOSH CIB 54 Table 1.-Toxic and carcinogenic agents in undiluted cigarette SS*'t Type of Amount in SS Compound toxicity (per cigarette) Ratio of SS/MS Vapor phase: Carbon monoxide T 26.8-61 mg 2.5-14.9 Carbonyl sulfide T 2-3 mg 0.03-0.13 Benzene C 400-500µg 8-10 Formaldehyde C 1,500µg 50 3-Vinylpyridine Sc 300-450 pg 24-34 Hydrogen cyanide T 14-110µg 0.06-0.4 Hydrazine C 90 ng 3 Nitrogen oxides(NOx) T 500-2,000 pg 3.7-12.8 N-nitrosodimethylamine C 200-1,040 ng 20-130 N-nitrosopyrrolidine C 30-390 ng 6-120 Particulate phase: Tar C 14-30 mg 1.1-15.7 Nicotine T 2.1-46 mg 1.3-21 Phenol TP 70-250 pg 1.3-3.0 Catechol CoC 58-290µg 0.67-12.8 o-Toluidine C 3µg 18.? 2-Naphthylamine C 70 ng 39 4-A -dnobiphenyl C 140 ng 31 Benz(a)anthracene C 40-200 ng 2-4 Benzo(a)pyrene C 40-70 ng 2.5-20 Quinoline C 15-20µg 8-11 N'-nitrosonomicotine C 0.15-1.7 pg 0.5-5.0 NNK C 0.2-1.4µg 1.0-22 N-nitrosodiethanolamine C 43 ng 1.2 Cadmium C 0.72 pg 7.2 Nickel C 0.2-2.5µg 13-30 Polonium-210 C 0.5-1.6 pCi 1.06-3.7 Sources: DHHS [1989];Hoffmann and Hecht[1989]. ?Abbreviations: C,carcinogenic;CoC,cocarcinogenic;MS,mainstream smoke;SC,suspected carcinogen; SS, sidestream smoke;T,toxic;TP,tumor promoter;NNK,4-(methyl-nitrosamino)-(3-pyridyl)-1-butanone. June 1991 3 NIOSH CIB 54 Environmental Tobacco Smoke nonsmokers living with nonsmokers [Haley et al. risk of lung cancer among nonsmoking women, 1989]. usually wives exposed to their husbands' ETS. The 1986 Surgeon General's report concluded that Exposures to ETS were measured by respirable involuntary smoking is a cause of disease(includ- suspended particulates (_<2.5 µm) and averaged ing lung cancer)in healthy nonsmokers;however, 242 µg/m3 in public access buildings [First 1984; more data on the dose and distribution of ETS NRC 1986; Repace and Lowrey 1980, 1982]. exposure in the population are needed to accurate- Studies reviewed by Repace and Lowrey [1990] ly estimate the magnitude of risk in the U.S. suggested a 62% probability of exposure to ETS population [DHHS 1986]. for a nonsmoker in the workplace. However, the relative contribution of work versus home en- NRC[1986] vironments in ETS exposure has not been well quantified. In addition,social settings outside the The NRC also reviewed the important epidemi- workplace or the home(e.g.,restaurants and bowl- ologic data available in 1986(3 cohort studies and ing alleys) may contribute significantly to ETS 10 case-control studies) on the adverse health ef- exposure. fects of ETS exposure. These studies were the same ones reviewed by the Surgeon General, ex- On the basis of urinary cotinine concentrations,the cept for one case-control study. The statistical NRC [1986] concluded that nonsmokers exposed power of a single study is often small,but it can be to ETS absorb the equivalent of 0.1 to 1.0 cigarette improved by analyzing all the data simultaneously per day. On the basis of 1985 data, NIOSH es- across all studies (meta-analysis). Using this ap- timates that each cigarette smoker in the United proach,the NRC estimated that the relative risk for States smokes an average of about 21 cigarettes per nonsmokers married to smokers was 1.25 com- day [NCHS 1988]. Blood and urine samples pared with nonsmokers married to nonsmokers, analyzed for vapor phase nicotine indicate that taking into account the possible misclassification nonsmokers exposed to ETS absorb about 1% of of smokers as nonsmokers. Using data from uri- the tobacco combustion products absorbed by ac- nary cotinine tests to estimate the extent of ETS tive smokers [NRC 1986; DHHS 1986]. exposure,the NRC also estimated that the relative risk of lung cancer for nonsmokers exposed to ETS EPIDEMIOLOGIC STUDIES OF at home,at work,or elsewhere was 1.42 compared NONSMOKERS EXPOSED TO ETS with unexposed nonsmokers, with a plausible range of 1.24 to 1.61. The NRC concluded that Lung Cancer "the weight of the evidence derived from epidemi- ologic studies shows an association between ETS Surgeon General exposure of nonsmokers and lung cancer that, taken as a whole, is unlikely to be due to chance The Surgeon General first addressed the possible or systematic bias." health effects of involuntary smoking in 1972 [DHEW 1972]. Evidence associating adverse Wald et al.11986] health effects with ETS exposure continued to be reported, and in 1986, the Surgeon General's In another quantitative meta-analysis covering the report entitled The Health Consequences of In- same studies reviewed by the NRC, Wald et al. voluntary Smoking focused entirely on this subject [1986] reached similar conclusions. Their [DHHS 1986]. Thk report cited 3 cohort studies analysis showed a 30% greater risk of lung can- and 10 case-control studies that together docu- cer (relative risk 1.30) for nonsmokers living mented an approximately 1.3-fold increase in the with smokers relative to nonsmokers living with 4 June 1991 Environmental Tobacco Smoke NIOSH CIB 54 nonsmokers. The authors concluded that this group was composed of persons who had smoked ' result was unlikely to have occurred by chance and during some period in the past. In the followup that it underestimated the true risk associated with study [Hole et al. 1989], only 2 deaths from lung exposure to ETS because nonsmokers living with cancer occurred in the unexposed group and 7 in nonsmokers are exposed to ETS in other settings the exposed group, compared with 147 deaths (e.g., at work). The relative risk is thus based on from lung cancer among smokers. The adjusted a reference group that is partially exposed. relative risk for the exposed group was 2.41 (95% CI, 0.45-12.83), compared with a relative risk of Blot and Fraumeni[1986] 10.64 for persons who had smoked in the past. The risk for smokers was the same whether or not they Blot and Fraumeni [1986] analyzed the same were exposed to ETS. studies reviewed by the Surgeon General and the NRC except for one case-control study. Combin- Brownson et al. [1987] ing data across the reviewed studies, these inves- tigators concluded that the overall relative risk for Brownson et al. [1987] conducted a case-control nonsmoking women married to husbands who study of persons diagnosed with adenocarcinoma smoked was 1.3 (95% confidence interval [CI], of the lung. A subset of 19 nonsmoking women 1.1.-1.5)compared with nonsmoking women mar- was identified from this group and was compared ried to nonsmokers. These authors also concluded with 47 controls. Exposure to ETS was classified that the relative risk for nonsmokers exposed to as less than 4 hr/day or more than 4 hr/day (there heavy smoking was 1.7 (95% CI, 1.4-2.1). They was no specification of when this exposure oc- found that the epidemiologic studies strongly sug- curred). The odds ratio for those exposed more gested an increased risk that was biologically than 4 hr/day was 1.68 (95% CI, 0.39-2.97) after plausible, but that limitations in assessing ETS adjustment for confounders, whereas the odds exposure had introduced uncertainty. ratio for those exposed fewer than 4 hr/day was 1.00. The study does not state whether the non- Eight additional studies of lung cancer and ETS smoking females had ever smoked, but the im- exposure among those who never smoked have plication is that they had never smoked. Because been published since the reviews by the Surgeon many of the subjects were deceased, smoking General [DHHS 1986; NRC 1986; Wald et al. status was often determined from interviews with 1986; Blot and Fraumeni 1986] (Table 2). next of kin. The study lacked sufficient sample size to draw substantive conclusions, but it did suggest an increased risk for adenocarcinoma Hole et a/. [1989] among nonsmokers exposed to ETS. Hole et al. [1989] updated an earlier cohort study [Gillis et al. 1984] of 3,960 men and 4,037 women Humble at al. [1987] in Scotland. These men and women had lived in the same households and had been followed for an Humble et al. [1987] evaluated the risk of lung average of 11.5 years. They were aged 45-64 at cancer in a case-control study of 28 lung cancer the time of the original interviews, which took patients who never smoked and lived with a smok- place from 1972 to 1976. The unexposed group ing spouse compared with a control group of 54 was defined as persons who never smoked and persons who never smoked and lived with a non- lived with nonsmokers at the time of interview. smoking spouse. Surrogate responses about The exposed group was composed of persons who smoking habits were used for 19 of the 28 cases, never smoked and lived with smokers. A third with most of these data provided by the spouse. June 1991 5 NIOSH CIB 54 Environmental Tobacco Smoke Table 2.—Recent studies of lung cancer among ETS-cxposed persons who never smoked Study Design Exposure definition Relative risk* Comment Update of Gillis 12-yr followup, Living with smoker 2.41 (CI,0.45-12.83; Adjusted for age,sex, et al. [1984] 3,960 men and or ex-smoker at 7 observed) and social class by Hole et al. 4,037 women the time of the [1989] aged 45-64 in survey 1972-76 Brownson et al. 19 cases, Exposure for 1.68(CI,0.39-2.97) Adjusted for age, [1987] 47 controls 24 hr/day income,and occupation Humble et al. 28 cases, Lived with a spouse For cigarette ETS Adjusted for ethnicity [1987] 54 controls who smoked exposure: and age 2.2(90% CI, 1.0-4.9) For any type of ETS exposure: 2.6(90% Cl, 1.2-5.6) Gao et al. 246 cases, Lived with a smoker <20 yr, 1.0; Adjusted for age and [1987] 375 controls 20-29 yr, education 1.1 (Cl,0.7-1.8); 30-39 yr, 1.3(Cl,0.8-2.1); 240 yr, 1.7(CI, 1.0-2.9) Lam et al. 199 cases, Lived with a spouse 1.65(CI, 1.16-2.35) Matched for age and [1987] 335 controls who smoked neighborhood Janerich et al. 191 cases, 225 smoker-yr of 2.07(CI, 1.16-3.68) Matched for age,sex, [1990] 191 controls exposure during and county of childhood residence;relative risk for spousal smoking-0.9 Shimizu et al. 90 cases, Lived with mother 4.0(P<0.05) Matched for age,sex, [1988] 163 controls who smoked and hospital;rela- Lived with father-in-law 3.2(P<0.05) five risk for spousal who smoked smoking- 1.1 Geng et al. 54 cases, Lived with spouse 2.16(CI, 1.03-4.53) Matched for race,age, [1988] 93 controls who smoked sex,and marital status;positive dose response;method- ologic details not presented *Confidence interval is 95% unless otherwise indicateu. 6 June 1991 Environmental Tobacco Smoke NIOSH CIB 54 The adjusted odds ratio for nonsmokers living with cinoma (odds ratio 2.12). These odds ratios were a spouse who smoked cigarettes was 2.2 (90% CI, not adjusted for any confounders. 1.04.9), and it was 2.6 (90% Cl, 1.2-5.6) for nonsmokers exposed to any type of ETS (includ- ing pipes and cigars). There was no trend of Janerich et al.[1990] increasing risk with increased duration of ex- posure or increased amount regularly smoked by Janerich et al. [1990] conducted a population- the spouse. In addition, marriage to a smoker did based case-control study of 191 persons who never not increase the risk for persons who had ever smoked and were diagnosed with lung cancer from smoked. This study contained no data on exposure 1982 to 1984; this group was compared with in- to ETS outside the home or from other persons dividually matched controls who never smoked. (nonspouses) living in the home. Controls were matched by age,sex,and county of residence. Surrogate interviews were necessary for 62 cases and thus were also conducted for their Gao et al. (1987] matched controls. The number of years of ex- posure to ETS in the home was calculated by Gao et al. [1987] studied 672 female lung cancer summing the number of smokers in the home per patients and 735 population-based controls in year across all years of life. The number of years Shanghai, China. Patients had been diagnosed as exposed to ETS outside the home was also es- having lung cancer between 1984 and 1986, and timated, although details were not given in the both patients and controls were all interviewed report. Childhood and adolescent exposures in the directly. The odds ratio (adjusted for age and home, adult exposures in the home, and adult education) was 0.9 (95% CI, 0.6-1.4) for persons exposures outside the home all contributed about who had ever lived with a smoker during adult- hood,and 1.1 (95% CI,0.7-1.7)for those who had wally to total lifetime exposure to ETS. For spouses, ETS exposure was also calculated by ever lived with a smoker during childhood. How- multiplying the number of packs smoked per day ever, for 246 married patients and 375 marred by the number of years the spouse smoked. The controls, risk increased with increasing years of major finding of the study was a trend of increasing marriage to a spouse who smoked, reaching lung cancer risk with increasing years of exposure 1.7 (95% CI, 1.0-2.9) among nonsmokers who during childhood. Household exposure to ETS for lived with a smoker for more than 40 years. 25 or more years that included childhood doubled the risk of lung cancer (odds ratio, 2.07; 95 Larry et al. [1987] CI, 1.16-3.68). No consistent increase in cancer risk occurred with increasing years of adulthood Lam et al. [1987] studied 445 female lung cancer exposure to all sources of ETS, but persons ex- patients in Hong Kong matched by age with 445 posed for the greatest number of years showed the female controls from the same neighborhood. highest risk(odds ratio, 1.11;95% CI,0.56-2.20). Analyses (unmatched) for exposure to ETS in- Separate analyses of exposure to ETS from spousal clud.ed 199 married patients and 335 marred con- smoking found no excess risk of lung cancer for trols who never smoked. A small number of individuals married to smokers, and no trend of persons who were not married and never smoked increased risk with increased years of exposure or (5% to 6% of the patients and controls) were also with increased amount smoked by the spouse. included and treated as unexposed to ETS. Wives Odds ratios in this study were not adjusted for any exposed to ETS from a husband who smoked had confounders, and odds ratios for exposure to ETS an odds ratio of 1.65 (95% CI, 1.16-2.35), with from spousal smoking do not appear to have been the predominant type of cancer being adenocar- adjusted for childhood ETS exposures. June 1991 7 NIOSH CIB 54 Environmental Tobacco Smoke Shimizu et al.11988] during adulthood [Hole et al. 1989; Brownson et al. 1987;Humble et al. 1987;Gao et al. 1987;Lam Shimizu et al. [1988] published a case-control et al. 1987; Janerich et al. 1990; Shimizu et al. study of 90 female lung cancer patients who never 1988; Geng et al. 1988], although some studies smoked. Each patient was matched by age,hospi- include data on childhood exposures [Janerich et tal, and admission date to 2 controls of the same al. 1990; Shimizu et al. 1988; Gao et al. 1987]. sex who did not have lung cancer(for 17 patients, The data from these more recent studies do not only 1 control was used). Information was individually demonstrate a clear causal relation- gathered about occupation,exposure to ETS,diet, ship between ETS exposure and lung cancer, but and cooking fuels. The risk of lung cancer was their consistent finding of a relative risk greater significantly elevated for women who never than 1.0 for nonsmokers exposed to ETS provides smoked and lived in a home where the mother evidence of a positive association. These data are smoked(relative risk,4.0; P<0.05) or the paternal consistent with and reinforce the reviews by NRC grandfather smoked (relative risk, 3.2; P<0.05). [19861,DHHS [19861,Blot and Fraumeni [1986], Exposure to the ETS of other household members and Wald et al. [1986],all of which concluded that (including the husband, the father, and the ETS exposure is associated with an increased risk children) was not associated with increased risk. of lung cancer for nonsmokers. The relative risk for exposure to ETS at work was 1.2. The authors found no increasing trend in risk The most important limitation observed in all with the number of cigarettes smoked by the studies reporting lung cancer risks among persons mother or the paternal grandfather. However, the who never smoked is the lack of quantitative ETS authors indicated that the subjects had trouble exposure data. Most studies have defined ex- recalling the amount of smoking to which they had posure to ETS for nonsmokers on the basis of been exposed. The authors also pointed out that living with or being married to a smoker. All of in Japan, children spend considerable time with the case-control studies ascertained the potential their mother in the home, and less with the father; for exposure by interviewing subjects and controls it is also common for the retired father of the (or surrogates) without any other independent as- husband to live in his son's home. sessment of ETS exposure. Questionnaires often failed to include specific questions about all sources Geng et al. [1988] of ETS. Most studies included limited or no infor- mation about the risk of lung cancer from ETS Geng et al. [1988] studied 54 nonsmoking (un- exposure in the workplace. defined) women with lung cancer in Tianjin, China. These patients were matched with controls The potential exists for a positive bias,particularly by race, age, sex, and marital status. The authors in the case-control studies,where ex-smokers with reported a significantly elevated odds ratio for the lung cancer might have been misclassified as never patients exposed to ETS from spouses (odds ratio, having smoked. The misclassified ex-smokers are 2.16; 95% CI, 1.03-4.53), but it is not clear more likely to be married to smokers and to whether these women included former smokers. develop lung cancer than those who never smoked. Their risk increased with the amount and duration However,the NRC[1986]estimated that the effect (years) of the husband's smoking. of such misclassification would have been rela- tively slight and could not entirely account for the Summary of Results from Lung Cancer Studies increased risk of lung cancer following exposure to ETS. This conclusion by the NRC is based on The studies published since 1986 have concen- calculations that assume a degree of misclassifica- trated on ETS exposure through spousal smoking tion (based on nonsmoker urinary cotinine data) 8 June 1991 Environmental Tobacco Smoke NIOSH ClB 54 and its likely effect on the observed lung cancer specific types of cardiovascular disease associated risk. In addition, the risk of lung cancer in these with this exposure are needed before an effect of studies is based on a reference group of non- involuntary smoking on the etiology of cardiovas- smokers living with nonsmokers who are exposed cular disease can be established." to ETS in other settings. This background ex- posure results in underestimation of the true risk. NRC[1986] Several risk assessments have been performed for The NRC [1986] reviewed four epidemiologic persons who never smoked and were exposed to studies that evaluated the association between ETS. The NRC [1986] estimated that of the heart disease and ETS exposure [Garland et al. 7,000 lung cancer deaths reported in 1985 among 1985;Gillis et al. 1984;Hirayama 1984;Svendsen 'U.S.women who never smoked,2,010(29%)were et al. 1985, 1987*] (Table 3). The same NRC attributable to ETS. The corresponding number review examined studies of the effects of ETS for men was 820 (16%) of the 5,200 lung cancer exposure on heart rate and blood pressure among deaths among U.S. males who never smoked. healthy individuals. No statistically significant Wells [1988] estimated that approximately 3,000 increases were found in heart disease or effects of the lung cancer deaths reported in 1985 among on heart rate and blood pressure. The NRC report persons who never smoked occurred as a result of concluded that "with respect to chronic cardiovas- ETS exposure. Repace and Lowrey [1990] es- cular morbidity and mortality, although biologi- timated that approximately 5,000 of the lung can- cally plausible,there is no evidence of statistically cer deaths reported in 1988 among persons who significant effects due to ETS exposure,apart from never smoked and ex-smokers occurred as a result the study by Hirayama [see Table 3] in Japan." of ETS exposure. These risk assessments used a 1.3 to 1.5 relative risk of lung cancer for non- Other Epidemiologic and Experimental Studies smokers exposed to ETS at home or elsewhere compared with unexposed persons. The number Since publication of the reports by the NRC and of deaths attributable to ETS exposure was derived the Surgeon General, researchers have published using standard formulas for attributable risks two epidemiologic studies of heart disease and [Kleinbaum et al. 1983]with the estimated number ETS exposure [Humble et al. 1990; Helsing et al. of annual lung cancer deaths in the United States 1988], and one update [Hole et al. 1989] of an for persons who have never smoked. earlier cohort study [Gillis et al. 1984] (Table 3). Experimental studies of the effects of ETS on the Heart Disease heart have also been published [Davis et al. 1989; Allred et al. 1989; Sheps et al. 1990]. Surgeon General The studies reported by Hole et al. [1989],Helsing The Surgeon General [DHHS 1986] reviewed et al. [1988], and Humble et al. [1990] associated four epidemiologic studies of cardiovascular ETS exposure with an increase of heart disease disease in persons exposed to ETS [Lee et al. 1986; among persons who never smoked. The studies by Hirayama 1984; Gillis et al. 1984; Garland et al. Hole et al. [1989]and Helsing et al. [1988]are both 1985] (Table 3). He concluded that "further large follow-up cohort studies that used direct inter- studies on the relationship between involuntary views of men and women who lived in the same smoking and cardiovascular disease are needed in household. Study of these cohorts demonstrated order to determine whether involuntary smoking increases the risk of cardiovascular disease. More *Svendsen et al. [1985] is the abstract of the full report detailed characterizations of exposure to ETS and published in 1987 [Svendsen et al. 1987]. June 1991 q NIOSH CIB 54 Environmental Tobacco Smoke Table 3.—Recent studies of heart disease among ETS-exposed persons who never smoked Study Design Exposure definition Relative risk Comment Update of Gillis 12-yr followup, Living with smoker 2.01 (CI, 1.21-3.35; Adjusted for cardiovas- et al. [1984] 3,960 men and or ex-smoker in 485 observed) cular risk factors,§ by Hole et al. 4,037 women early 1970s positive dose response [1989]' aged 45-64 in 1972-76 Humble et al. 20-yr followup, Living with smoker 1.59(CI,0.99-2.57) Adjusted for cardiovas- [1990] 513 women in 1960 cular risk factors,dose aged 40+ response in some strata Helsing et al. 12-yr followup, Living with smoker Men: 1.31 Adjusted for education, [1988] 4,162 men and or ex-smoker in (Cl, 1.1-1.6;492 positive dose response 14,873 women, 1963 observed) among women only aged 25+in Women: 1.24 1963 (Cl, 1.1-1.4; 1,539 observed) Svendsen et al. 7-yr average Married to smoker 1.61 (CI,0.96-2.71; Adjusted for cardiovas- [1985, 1987] followup, 1,245 or ex-smoker 90 observed) cular risk factors, men aged 35-57 positive dose response in 1973-82 Garland et al. 10-yr followup, Married to smoker 2.9(estimate; Adjusted for age [1985] 695 women or ex-smoker 19 observed) aged 50-79 in 1972-74 Hirayama 16-yr followup, Married to smoker Low exposure: Significant dose response [1984] 91,540 women or ex-smoker 1.10(90% CI, aged 40+ 0.91-1.33) High exposure: 1.31 (90% Cl, 1.06-1.93;494 observed) Lee et al. 48 cases, 182 Married to smoker Men: 1.24' No apparent dose response [1986] controls or ex-smoker Women: 0.93 Confidence interval is 95% unless otherwise indicated. 'Hole et al. [1989]provide updated results of the same population studied by Gillis et al. [1984]. §Serum cholesterol,blood pressure,and body mass index. *Svendsen et al. [1987]is the full report of the abstract published by Svendsen et al. [1985]. 10 June 1991 Environmental Tobacco Smoke NIOSH CIB 54 an excess of heart disease in persons who lived heart disease in the nonsmoking spouse; they con- with smokers and never smoked compared with cluded that exposure to ETS can cause heart dis- persons who lived with nonsmokers and never ease. smoked. Furthermore, Hole et al. [1989] and Humble et al. [1990] show an increasing risk for Summary of Results from Heart Disease Studies heart disease mortality with increasing exposure to ETS at home. Helsing et al. [1988]found a similar The principal limitation found in the lung cancer trend in women but not men. studies also applies to the studies of heart disease in persons exposed to ETS—that is, the indirect Experimental studies support the hypothesis that method of assessing exposure to ETS (usually :ETS exposure has deleterious effects on platelets defined as spousal smoking). The second limita- and the endothelium [Davis et al. 1989] and can tion of these heart disease studies is the difficulty decrease the time to onset of angina pectoris in in controlling for all known cardiovascular risk patients with coronary artery disease [Allred et al. factors (e.g., blood pressure, serum cholesterol, 1989]. Allred et al. [1989] reported that the time and body mass index). In addition,the risk of heart to angina decreased in heart disease patients who disease for ETS-exposed persons who never exercised after exposure to airborne carbon smoked seems large compared with the risk of monoxide (CO) at concentrations producing 2% heart disease for smokers. Unlike lung cancer and 3.9% carboxyhemoglobin (COHb) in the mortality,where the relative risk for smokers com- blood. Sheps et al. [1990] observed that arrhyth- pared with nonsmokers is 22.4 for men and 11.9 mias in heart disease patients increased when they for women, the relative risk of heart disease mor- exercised after exposure to airborne CO at con- tality for smokers compared with nonsmokers is centrations producing 6% COHb in the blood. 1.9 for men and 1.8 for women [DHHS 1989]. Persons exposed to ETS in unventilated areas have Note that the nonsmoking comparison group for been shown to have COHb concentrations of 2% these risk estimates includes those exposed to to 3% [NRC 1986]. ETS. Wells[1988]estimated that among nonsmokers in Other Adverse Health Effects the United States,32,000 deaths from heart disease each year were attributable to ETS exposure. Several additional adverse health effects have Wells used estimated rates for death from heart been associated with ETS exposure, including disease among nonsmokers and a relative risk of cervical cancer [Slattery et al. 1989], ischemic 1.30 for ETS-exposed nonsmokers compared with stroke [Donnan et al. 1989],spontaneous abortion unexposed nonsmokers. [Ahlborg 1990],and low birthweight[NRC 1986]. However, evidence is insufficient to draw con- Glantz and Parmley [1991] recently reviewed the clusions about the relationship of ETS exposure to epidemiologic literature on exposure to ETS and these health effects. heart disease (including the studies in Table 3) from 1984 to the present. These researchers es- CONCLUSIONS timated a 30% increase (relative risk, 1.30; 95% CI, 1.2-1.4) in the risk of death from ischemic In 1964 the Surgeon General concluded that heart disease or myocardial infarction in nonsmok- cigarette smoke causes lung cancer. Since that big individuals exposed to ETS at home. Glantz time, additional research on the toxicity and car- and Parmley also noted that several of these studies cinogenicity of tobacco smoke has demonstrated found a dose-response relation between the that the health risks from inhaling tobacco smoke amount of smoking by the spouse and the risk of are not limited to smokers, but also include those June 1991 11 NIOSH CIB 54 Environmental Tobacco Smoke who inhale ETS. ETS contains many of the toxic tional Carcinogens [29 CFR 1990],also known as agents and carcinogens found in MS,but in diluted the OSHA carcinogen policy)the most appropriate form. Recent epidemiologic studies support and for use in identifying occupational carcinogens. reinforce the conclusions of the reviews by the The Surgeon General has concluded that cigarette Surgeon General and the NRC demonstrating that smoke causes lung cancer as well as heart disease. exposure to ETS can cause lung cancer. These Table 1 lists 21 known or suspected carcinogens, reviews estimated the relative risk for lung cancer cocarcinogens, and tumor promoters identified as to be approximately 1.3 for nonsmokers living components of ETS and MS in analytical studies. with smokers compared with nonsmokers living Furthermore, a large body of evidence indicates with nonsmokers. In addition, recent evidence that exposure to ETS has produced lung cancer in also suggests a possible association between ex- nonsmokers. NIOSH therefore considers ETS to posure to ETS and an increased risk for heart be a potential occupational carcinogen in confor- disease in nonsmokers. The recent epidemiologic mance with the OSHA carcinogen policy [29 CFR studies (including those associating ETS with 19901. other adverse health effects) point to a pattern of health effects that is similar for both smokers and The risk of developing cancer should be decreased nonsmokers exposed to ETS. by minimizing exposure to ETS. Employers should therefore assess conditions that may result NIOSH recognizes that these recent epidemiologic in worker exposure to ETS and take steps to reduce studies have several shortcomings: lack of objec- exposures to the lowest feasible concentration. tive measures for characterizing and quantifying exposures, failure to adjust for all confounding METHODS FOR CONTROLLING variables, potential misclassification of ex- INVOLUNTARY EXPOSURE TO ETS smokers as nonsmokers, unavailability of com- parison groups that have not been exposed to ETS, Workers should not be involuntarily exposed to and low statistical power. Nonetheless, NIOSH tobacco smoke. To prevent worker exposures has determined that the collective weight of to any hazardous substance, employers should evidence (i.e., that from the Surgeon General's first eliminate hazardous workplace emissions reports, the similarities in composition of MS and at their source. If elimination is not possible, ETS,and the recent epidemiologic studies) is suf- emissions should be removed from the pathway ficient to conclude that ETS poses an increased between the source and the worker[NIOSH 1983]. risk of lung cancer and possibly heart disease to Therefore, the best method for controlling occupationally exposed workers. The epidemi- worker exposure to ETS is to eliminate tobacco use ologic data are not sufficient to draw conclusions from the workplace and to implement a smoking about other health effects such as cervical cancer, cessation program. Until tobacco use can be ischemic stroke, spontaneous abortion, and low birthweight. *"'Potential occupational carcinogen'means any substance, RECOMMENDATIONS or combination or mixture of substances, which causes an increased incidence of benign and/or malignant neoplasms, or a substantial decrease in the latency period between ex- Several systems exist for classifying a substance posure and onset of neoplasms in humans or in one or more as a carcinogen. Such classification systems have experimental mammalian species as the result of any oral, been developed by NTP[1989],IARC[1987],and respiratory or dermal exposure,or any other exposure which OSHA 29 CFR 1990 . NIOSH id the results in the induction of tumors at a site other than the site OSHA [29 considers of administration. This definition also includes any sub- OSHA classification system (Identification, Clas- stance which is metabolized into one or more potential sification, and Regulation of Potential Occupa- occupational carcinogens by mammals"[29 CFR 1990.103]. 12 June 1991 Environmental Tobacco Smoke NIOSH CIB 54 completely eliminated, employers should protect where smoking is permitted, ETS can spread nonsmokers from ETS by isolating smokers. throughout the airspace of all workers. The most Methods for eliminating tobacco use from the direct and effective method of eliminating ETS workplace and isolating smokers are described from the workplace is to prohibit smoking in the here briefly. workplace. Until that is achieved, employers can designate separate, enclosed areas for smoking, with separate ventilation. Air from this area Eliminating Tobacco Use from the should be exhausted directly outside and not recir- culated within the building or mixed with the Worker exposure to ETS is most efficiently and general dilution ventilation for the building. Ven- tilation of the smoking area should meet general completely controlled by simply eliminating ventilation standards,and the smoking area should tobacco use from the workplace. To facilitate have slight negative pressure to ensure airflow into elimination of tobacco use, employers should hi n- area rather than back into the airspace of the plement smoking cessation programs. The As- workplace [ASHRAE 1989]. Guidance for sociation of Schools of Public Health (ASPH)has designing local exhaust ventilation systems can be recommended the following strategy for smoking found in Recommended Industrial Ventilation cessation [NIOSH 1986]. Specifically, manage- Guidelines [Hagopian and Bastress 1976], In- ment and labor should work together to develop dustrial Ventilation—A Manual of Recommended appropriate nonsmoking policies that include practice [ACGIH 1986], and Fundamentals some or all of the following: Governing the Design and Operation of Local • Prohibit smoking at the workplace and provide Exhaust Systems [ANSI 1979]. sufficient disincentives for those who do not warning signs should be posted at the entrances to comply the workplace in both English and the predominant • Distribute information about health promotion language of non-English-reading workers. These and the harmful effects of smoking signs should state that smoking is prohibited or permitted only in designated smoking areas. If • Offer smoking-cessation classes to all workers designated smoking areas are provided, they • Establish incentives to encourage workers to should be clearly identified by signs. stop smoking RESEARCH NEEDS Further information regarding workplace smoking policies and smoking cessation programs can be Research is needed to investigate the following found in No Smoking: A Decision Maker's Guide moues: to Reducing Smoking at the Worksite [American Cancer Society et al. 1985]. • More accurate quantification of the increased risk of lung cancer associated with ETS ex- Isolating Smokers posure, including determination of other con- tributing factors(e.g.,occupational exposures) The 1986 Surgeon General's report on involuntary that may accentuate the risk smoking concluded that,"the simple separation of • Determination of the concentration and dis- smokers and nonsmokers within the same airspace tribution of ETS components in the workplace may reduce, but does not eliminate, the exposure to help quantify the risk for the U.S. working of nonsmokers to ETS." In indoor workplaces population June 1991 13 NIOSH CIB 54 Environmental Tobacco Smoke • The association of ETS exposure with cancer ANSI [1979]. American national standard— other than lung cancer fundamentals governing the design and operation • The relationship between ETS exposure and of local exhaust systems. New York, NY: cardiovascular disease American National Standards Institute,Inc.,ANSI Z9.2-1979. • The relationship between ETS exposure and nonmalignant respiratory diseases such as ASHRAE [1989]. Ventilation for acceptable in- asthma, bronchitis, and emphysema, and the door air quality. Atlanta, GA: American Society effects of ETS on lung function and respiratory of Heating, Refrigerating, and Air-Conditioning symptoms Engineers, Inc., ASHRAE 62-1989. • Possible mechanisms of ETS damage to the cardiovascular system, such as increased Blot WJ,Fraumeni JF Jr. [1986]. 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June 1991 17 NIOSH CIB 54 Environmental Tobacco Smoke APPENDIX POSITIONS OF OTHER AGENCIES REGARDING ETS The Occupational Safety and Health Administra- The International Agency for Research on Can- tion (OSHA) and the Mine Safety and Health cer [IARC 1986] stated that epidemiologic Administration(MSHA)have not established per- studies have demonstrated an increased risk of missible exposure limits (PELs) for ETS in the lung cancer for nonsmoking spouses of workplace. OSHA is now preparing to address smokers. Although researchers had substantial this issue as part of an indoor air quality standard. difficulty in determining exposure to ETS and other risk factors for the cancers studied, IARC The U.S.Environmental Protection Agency(EPA) concluded that "passive smoking gives rise to states that ETS is a known cause of lung cancer some risk of cancer." IARC also concluded and respiratory symptoms and that it has been that "there is sufficient evidence that tobacco linked to heart disease. EPA also recommends that smoke is carcinogenic to humans," and that exposure to ETS be minimized wherever possible "there is sufficient evidence that inhalation of by restricting smoking to separately ventilated tobacco smoke as well as topical application of areas directly exhausted to the outside,or by entirely tobacco smoke condensate cause cancer in ex- eliminating smoking in buildings [EPA 1989]. perimental animals." 18 June 1991 *U.S.GOVERNMENT PRINTING OFFICE: 1991/548-235/40013