Table 1

Synopsis of study cases

State office workplace smoking regulation: WashingtonThe Washington regulation began as a comprehensive office building indoor air regulation. In August 1992, the Washington Department of Labor and Industries produced a draft regulation aimed at regulating all components of indoor air, including ETS. During November and December 1993 public commentary was collected and six hearings were held. Based on strong opposition to the other indoor air components of the proposed regulation, the director of the Department of Labor and Industries narrowed the regulation to focus only on tobacco smoke exposure. This narrower regulation was approved on 16 March 1994
State enclosed workplace smoking regulation: MarylandThe Maryland regulation banning smoking in almost all enclosed workplaces was proposed in late 1993. It was open to public comment and hearings were held by the Maryland Occupational Safety and Health Advisory Board in December 1993 and by the Commissioner of Labor and Industry in May 1994. The regulation was approved on 21 July 1994, but later modified by the state legislature to exempt hospitality industry workplaces
Federal Indoor Air Rule: Occupational Safety and Health AdministrationIn April 1994, the federal US Occupational Safety and Health Administration (OSHA) published a draft comprehensive Indoor Air Regulation that included a workplace smoking ban. The public comment period and hearings were held in 1994 and 1995. The OSHA regulation remains pending.
California risk assessment of environmental tobacco smoke23 Government reports, such as the US Environmental Protection Agency (EPA) risk assessment of passive smoking,6 are frequently cited to support workplace smoking restrictions. However, in 1998 the federal EPA risk assessment was “vacated” by the North Carolina courts on procedural grounds. Therefore, the 1997 California risk assessment of passive smoking has policy significance since it has withstood legal challenge. Furthermore, while the federal EPA risk assessment focused on the effects of passive smoking on respiratory disease and lung cancer, the California risk assessment was the first to include the cardiac effects of passive smoking