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Allegheny County Board of Health July 13 Meeting Agenda
http://www.achd.net/board/pubs/pdf/071316_BOH_Agenda.pdf
Smokefree Pennsylvania
Testimony to the Allegheny County Board of Health
Opposing Proposed vaping Ban in Workplaces and Public Places
July 13, 2016
My name is Bill Godshall. Thirty years ago as a public health educator for the County Health Dept, I helped thousands of employers implement smokefree policies, and campaigned to enact Pittsburgh’s 1987 Smoking Pollution Control Ordinance.
Since I founded Smokefree Pennsylvania in 1990, we’ve campaigned to ban smoking in workplaces and stop cigarette marketing to youth (including ordinances and regulations in Allegheny County), increase cigarette taxes, hold cigarette companies accountable in court, ensure PA settlement funds were spent for health programs, enact the 2008 PA Clean Indoor Air Act. We’ve also worked to ensure that far less harmful smokefree alternatives remain legal to make, sell and use for adults, while urging states to ban their sales to minors, as 48 states have done.
For disclosure, neither Smokefree Pennsylvania nor I have ever received any funding from any tobacco, drug or vapor product company.
According to the scientific and empirical evidence, vapor products are at least 95% less harmful than cigarettes, have helped millions of smokers quit smoking, have NOT created nicotine dependence among nonsmokers, pose no harm to nonusers, and have denormalized smoking. Public Health England and the Royal College of Physicians in London have reported the same scientific findings, and last week Public Health England issued a Guidance (attached) urging local governments and employers to NOT BAN indoor vaping, and to differentiate between deadly smoking and lifesaving vaping.
As vaping has increased, US adult smoking rates have declined from 20% to 15%, and US teen smoking rates have plummeted from 18% to below 11%. The most recent US survey found 7.4 million smokers quit smoking by switching to vaping, and the overwhelming majority of vapers are smokers or exsmokers.
Many employers have found that allowing workers to vape at their workplace has helped many employees quit smoking, increased productivity, eliminated smoke breaks, protected vapers from 2nd hand smoke exposure, reduced absenteeism and healthcare costs.
Banning vaping in workplaces demonizes vaping and stigmatizes vapers, forces vapers to be exposed to 2nd hand smoke once again, discourages smokers from switching to vaping, encourages vapers to resume smoking, and deceives the public to believe vaping is as harmful as smoking.
I’ve sent hundreds of studies, reports and other documents on vaping to Abby Wilson, Karen Hacker, Lee Harrison and Don Burke, but don’t know if that information was forwarded to the other 7 BOH members, whose e-mails I couldn’t locate.
The proposed workplace vaping ban is also likely preempted by the PA Clean Indoor Air Act, just as the County’s smoking ban was struck down by the Commonwealth Court a decade ago.
We strongly urge the Board to reject the proposed vaping ban, but request a public hearing and a public comment period on the proposed regulation if the Board moves it forward.
Thank You
---------
Immediately before I spoke to the BOH, Ashley Stevens who works for state contractor Adagio Health, falsely accused all PA vape shops of selling e-cigs to 6 year olds (just because PA hasn't banned e-cig sales to minors) and claimed that many flavored e-liquids are specifically targeted to children. That crap went on for three minutes.
Immediately after I spoke, ALA lobbyist Cassandra Wood (as expected) urged the BOH to approve the proposed vaping ban, but she began reading the actual document (that supposedly had not been made public by the Health Dept or BOH) and she even suggested some changes in the proposed regulation's wording (indicating she probably sent it to the DC office of ALA or CTFK, and their lawyers/lobbyists suggested the changes).
Sitting in the audience, I pointed this out to Cool Vapes owner RJ Marino (sitting beside me).
Then, before RJ went to the podium to speak (as he followed the ALA lobbyist on the agenda), he pointed out to the BOH that the ALA lobbyist was reading from the yet-to-be-made-public regulation. But the entire BOH and the Health Dept staff just ignored his comment, and then ignored his 3 minute presentation extolling the benefits of vaping for smokers and pointing out how banning vaping at workplaces would harm vapers, smokers and employers.
Then Steel City Vapors owner Mark Conn gave an excellent three minute presentation to the BOH about vaping, vapor products and the importance of allowing employers to decide their own vaping policies.
After the public comment period and an hour of discussion about a proposal to mandate HPV vaccinations for all teenagers in the County, the vaping ban was next on the BOH meeting agenda.
Abby Wilson from the Allegheny County Health Department went to the podium and lobbied the BOH to approve the vaping ban by:
- failing to mention the hundreds of studies and reports on vaping that I e-mailed to her,
- ignoring the oral testimony by RJ, Marc and me,
- ignoring the PHE Guidance on vaping policies (that I gave to her and each BOH member),
- failing to apologize for, or even mentioning, that ALA lobbyist Cassandra Wood was given a copy of the proposed vaping ban (before the BOH considered it or voted to make it public),
- ignoring calls of impropriety because the ALA lobbyist had an advanced copy of the regulations,
- acknowledging the Health Dept received >400 letters opposing the vaping ban and 0 letters supporting it, but then dismissing all of the letters (and their writers) because many stated that vaping helped the person quit smoking, which Abby claimed the ACHD cannot acknowledge because FDA hasn't approved e-cigs for smoking cessation,
- acknowledging the Health Dept received "some e-mails" opposing the vaping, but failing to mention that 89 vapers sent e-mails via CASAA's CTA (according to Alex Clark) at
CASAA: Local Alert - Allegheny Co., PA - Take action to oppose an indoor vaping ban
- soliciting and then reading lengthy anti-vaping propaganda letters from two vaping prohibitionists (Thomas Farley and Brian Primack), who Abby referred to as "experts",
- failing to cite any evidence or rationale to justify a workplace vaping ban,
- failing to address my claim that the regulation was probably preempted by the PA Clean Indoor Air Act,
- urging the Board of Health to formally propose workplace vaping ban, and
- posting lots of junk science and fear mongering anti-vaping propaganda on ACHD website at
Allegheny County Health Department - E-Cigarette & Vaping Products Proposed Regulations
Then, without any substantive discussion, the Allegheny County Board of Health:
- refused our multiple requests to hold a Public Hearing before voting to ban vaping,
- refused to address our repeated statements about the ALA lobbyist having been leaked a copy of the regulation (when I was told I'd be removed by the Sheriffs if I didn't stop talking),
- approved the workplace vaping ban (that exempts vape shops and places where smoking is allowed)
http://www.achd.net/chrond/smoking/Proposed_E-cigarette_Reg_Article_XXII.pdf
http://www.achd.net/chrond/smoking/Proposed_Amendment_Article_XVI-Penalties.pdf
and a vaping ban for food service workers (that requires washing hands after vaping)
http://www.achd.net/chrond/smoking/Proposed_Amendment_Article_III(Food Safety)-E-cigarettes.pdf
for 30 day public comment period ending August 17 (and for likely approval at September 14 BOH Board meeting).
Allegheny County Board of Health - Public Meetings
On Monday, the following article appeared in the Post Gazette.
Allegheny County Health Board OKs proposed restrictions on e-cigarettes
Despite the Health Dept and BOH previous actions, we still need to generate a lot more letters and e-mails to the Board of Health by Aug 17 (to put more pressure on them).
If the BOH approves the vaping ban at its September meeting, it still needs to be passed by the County Council (which meets every other week) before it becomes law. We need to begin contacting them.
County Council | Council Members
http://www.county.allegheny.pa.us/u...nty-Council/2016-Regular-Meeting-Schedule.pdf
County Council | Request to Comment | Allegheny County
Update on July 22
The Allegheny County Health Dept has updated its website
Allegheny County Health Department - E-Cigarette & Vaping Products Proposed Regulations
by extending the 30-day public comment period until August 22 (it was previously set for August 17), and by adding the following notice
NOTICE OF PUBLIC HEARING:
The Allegheny County Board of Health will hold a public hearing on Monday, August 15, 2016 at 1:00 PM, in the Gold Room on the fourth floor of the Allegheny County Courthouse located at 436 Grant Street, downtown Pittsburgh, to take testimony on the proposed e-cigarette regulation.
Oral testimony for the public hearing may be pre-scheduled by calling 412-687-ACHD (2243) or emailingPublicHealthComment@AlleghenyCounty.us no less than 24 hours in advance of the public hearing.Individuals who request to speak in advance of the hearing will be afforded an earlier time to speak. Speakers will be limited to three minutes and should bring a written copy of their comments.
http://www.achd.net/board/pubs/pdf/071316_BOH_Agenda.pdf
Smokefree Pennsylvania
Testimony to the Allegheny County Board of Health
Opposing Proposed vaping Ban in Workplaces and Public Places
July 13, 2016
My name is Bill Godshall. Thirty years ago as a public health educator for the County Health Dept, I helped thousands of employers implement smokefree policies, and campaigned to enact Pittsburgh’s 1987 Smoking Pollution Control Ordinance.
Since I founded Smokefree Pennsylvania in 1990, we’ve campaigned to ban smoking in workplaces and stop cigarette marketing to youth (including ordinances and regulations in Allegheny County), increase cigarette taxes, hold cigarette companies accountable in court, ensure PA settlement funds were spent for health programs, enact the 2008 PA Clean Indoor Air Act. We’ve also worked to ensure that far less harmful smokefree alternatives remain legal to make, sell and use for adults, while urging states to ban their sales to minors, as 48 states have done.
For disclosure, neither Smokefree Pennsylvania nor I have ever received any funding from any tobacco, drug or vapor product company.
According to the scientific and empirical evidence, vapor products are at least 95% less harmful than cigarettes, have helped millions of smokers quit smoking, have NOT created nicotine dependence among nonsmokers, pose no harm to nonusers, and have denormalized smoking. Public Health England and the Royal College of Physicians in London have reported the same scientific findings, and last week Public Health England issued a Guidance (attached) urging local governments and employers to NOT BAN indoor vaping, and to differentiate between deadly smoking and lifesaving vaping.
As vaping has increased, US adult smoking rates have declined from 20% to 15%, and US teen smoking rates have plummeted from 18% to below 11%. The most recent US survey found 7.4 million smokers quit smoking by switching to vaping, and the overwhelming majority of vapers are smokers or exsmokers.
Many employers have found that allowing workers to vape at their workplace has helped many employees quit smoking, increased productivity, eliminated smoke breaks, protected vapers from 2nd hand smoke exposure, reduced absenteeism and healthcare costs.
Banning vaping in workplaces demonizes vaping and stigmatizes vapers, forces vapers to be exposed to 2nd hand smoke once again, discourages smokers from switching to vaping, encourages vapers to resume smoking, and deceives the public to believe vaping is as harmful as smoking.
I’ve sent hundreds of studies, reports and other documents on vaping to Abby Wilson, Karen Hacker, Lee Harrison and Don Burke, but don’t know if that information was forwarded to the other 7 BOH members, whose e-mails I couldn’t locate.
The proposed workplace vaping ban is also likely preempted by the PA Clean Indoor Air Act, just as the County’s smoking ban was struck down by the Commonwealth Court a decade ago.
We strongly urge the Board to reject the proposed vaping ban, but request a public hearing and a public comment period on the proposed regulation if the Board moves it forward.
Thank You
---------
Immediately before I spoke to the BOH, Ashley Stevens who works for state contractor Adagio Health, falsely accused all PA vape shops of selling e-cigs to 6 year olds (just because PA hasn't banned e-cig sales to minors) and claimed that many flavored e-liquids are specifically targeted to children. That crap went on for three minutes.
Immediately after I spoke, ALA lobbyist Cassandra Wood (as expected) urged the BOH to approve the proposed vaping ban, but she began reading the actual document (that supposedly had not been made public by the Health Dept or BOH) and she even suggested some changes in the proposed regulation's wording (indicating she probably sent it to the DC office of ALA or CTFK, and their lawyers/lobbyists suggested the changes).
Sitting in the audience, I pointed this out to Cool Vapes owner RJ Marino (sitting beside me).
Then, before RJ went to the podium to speak (as he followed the ALA lobbyist on the agenda), he pointed out to the BOH that the ALA lobbyist was reading from the yet-to-be-made-public regulation. But the entire BOH and the Health Dept staff just ignored his comment, and then ignored his 3 minute presentation extolling the benefits of vaping for smokers and pointing out how banning vaping at workplaces would harm vapers, smokers and employers.
Then Steel City Vapors owner Mark Conn gave an excellent three minute presentation to the BOH about vaping, vapor products and the importance of allowing employers to decide their own vaping policies.
After the public comment period and an hour of discussion about a proposal to mandate HPV vaccinations for all teenagers in the County, the vaping ban was next on the BOH meeting agenda.
Abby Wilson from the Allegheny County Health Department went to the podium and lobbied the BOH to approve the vaping ban by:
- failing to mention the hundreds of studies and reports on vaping that I e-mailed to her,
- ignoring the oral testimony by RJ, Marc and me,
- ignoring the PHE Guidance on vaping policies (that I gave to her and each BOH member),
- failing to apologize for, or even mentioning, that ALA lobbyist Cassandra Wood was given a copy of the proposed vaping ban (before the BOH considered it or voted to make it public),
- ignoring calls of impropriety because the ALA lobbyist had an advanced copy of the regulations,
- acknowledging the Health Dept received >400 letters opposing the vaping ban and 0 letters supporting it, but then dismissing all of the letters (and their writers) because many stated that vaping helped the person quit smoking, which Abby claimed the ACHD cannot acknowledge because FDA hasn't approved e-cigs for smoking cessation,
- acknowledging the Health Dept received "some e-mails" opposing the vaping, but failing to mention that 89 vapers sent e-mails via CASAA's CTA (according to Alex Clark) at
CASAA: Local Alert - Allegheny Co., PA - Take action to oppose an indoor vaping ban
- soliciting and then reading lengthy anti-vaping propaganda letters from two vaping prohibitionists (Thomas Farley and Brian Primack), who Abby referred to as "experts",
- failing to cite any evidence or rationale to justify a workplace vaping ban,
- failing to address my claim that the regulation was probably preempted by the PA Clean Indoor Air Act,
- urging the Board of Health to formally propose workplace vaping ban, and
- posting lots of junk science and fear mongering anti-vaping propaganda on ACHD website at
Allegheny County Health Department - E-Cigarette & Vaping Products Proposed Regulations
Then, without any substantive discussion, the Allegheny County Board of Health:
- refused our multiple requests to hold a Public Hearing before voting to ban vaping,
- refused to address our repeated statements about the ALA lobbyist having been leaked a copy of the regulation (when I was told I'd be removed by the Sheriffs if I didn't stop talking),
- approved the workplace vaping ban (that exempts vape shops and places where smoking is allowed)
http://www.achd.net/chrond/smoking/Proposed_E-cigarette_Reg_Article_XXII.pdf
http://www.achd.net/chrond/smoking/Proposed_Amendment_Article_XVI-Penalties.pdf
and a vaping ban for food service workers (that requires washing hands after vaping)
http://www.achd.net/chrond/smoking/Proposed_Amendment_Article_III(Food Safety)-E-cigarettes.pdf
for 30 day public comment period ending August 17 (and for likely approval at September 14 BOH Board meeting).
Allegheny County Board of Health - Public Meetings
On Monday, the following article appeared in the Post Gazette.
Allegheny County Health Board OKs proposed restrictions on e-cigarettes
Despite the Health Dept and BOH previous actions, we still need to generate a lot more letters and e-mails to the Board of Health by Aug 17 (to put more pressure on them).
If the BOH approves the vaping ban at its September meeting, it still needs to be passed by the County Council (which meets every other week) before it becomes law. We need to begin contacting them.
County Council | Council Members
http://www.county.allegheny.pa.us/u...nty-Council/2016-Regular-Meeting-Schedule.pdf
County Council | Request to Comment | Allegheny County
Update on July 22
The Allegheny County Health Dept has updated its website
Allegheny County Health Department - E-Cigarette & Vaping Products Proposed Regulations
by extending the 30-day public comment period until August 22 (it was previously set for August 17), and by adding the following notice
NOTICE OF PUBLIC HEARING:
The Allegheny County Board of Health will hold a public hearing on Monday, August 15, 2016 at 1:00 PM, in the Gold Room on the fourth floor of the Allegheny County Courthouse located at 436 Grant Street, downtown Pittsburgh, to take testimony on the proposed e-cigarette regulation.
Oral testimony for the public hearing may be pre-scheduled by calling 412-687-ACHD (2243) or emailingPublicHealthComment@AlleghenyCounty.us no less than 24 hours in advance of the public hearing.Individuals who request to speak in advance of the hearing will be afforded an earlier time to speak. Speakers will be limited to three minutes and should bring a written copy of their comments.
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