OSHA Drops Plan for Smoke-Free Workplace

The federal government has withdrawn a sweeping ban on workplace smoking that was proposed during the Clinton administration but languished in the face of tobacco industry opposition.

Noting that nearly 70% of U.S. employees work in smoke-free environments, the Occupational Safety and Health Administration said the move had the support of major anti-smoking organizations, including the American Heart Assn., the American Cancer Society and the American Lung Assn., and reflects a shift in smoking regulation away from federal government.

Public health advocates said Tuesday they urged OSHA to withdraw the proposal not only because of town hall victories but because they feared the tobacco industry might win a watered-down rule from the current administration.

“It was a waste of energy to expect President Bush to do anything that would be counter to the interests of the tobacco industry,” said Dr. Stanton Glantz, a professor at UC San Francisco medical school.

Glantz was the lead witness in public hearings OSHA conducted on the proposed ban that ran for 77 days and prompted more than 100,000 comments. Last year an anti-smoking organization filed suit in an effort to force OSHA to act on the proposal. Government responses to that suit led public health advocates to fear that OSHA might reopen the debate and implement a weaker standard.

A weak rule would have been worse than none at all, said Cynthia Hallett, executive director of Americans for Nonsmokers’ Rights.

“Any federal rule would preempt any activity at the state and local level,” she said. “This is something that the tobacco industry supports--a minimum standard, partially smoke-free workplaces and restaurants--that would expose nonsmokers to smoke. Those policies don’t work. They don’t protect employees. They don’t protect patrons.”

Tobacco industry representatives could not be reached for comment, but the industry’s position toward the OSHA proposal has been that the ban would have been legally indefensible and was based on faulty science.

In lieu of federal action, a quiet anti-smoking revolution has swept the country, said Matt Myers, president of the Campaign for Tobacco-Free Kids.

“In 1993, only two states had at least 60% of indoor workers in smoke-free workplaces,” he said. “By 1999, 47 states and the District of Columbia had more than 60% of employees working in smoke-free workplaces. That’s because of changes at state and local levels and changes in employer policies.”

The number of local indoor air ordinances has almost doubled, to 1,296, according to Americans for Nonsmokers’ Rights. More than 400 of them ban smoking in restaurants, workplaces or both. California is the only state that has banned smoking in workplaces and restaurants.