SEPTEMBER 6-7 - MINUTES OF MEETING 
23 
Dr. Krimsky asked Dr. Logan whether OSHA is involved in any way in the 
inspection of any biohazards. Dr. Logan responded that biohazards are 
generally untouched in routine inspections by OSHA. Mr. Thornton questioned 
Dr. Logan as to why this should be so; does OSHA have the authority? 
Dr. Logan responded that OSHA does have the authority, but that biohazards 
have not been well demarcated. OSHA deals with known problems, not theoretical 
or hypothetical problems. Dr. Parkinson disagreed stating that you need 
not have an identified hazard to prevent exposure. Dr. Parkinson stated 
that there is a logistics problem of deciding priority assignments for OSHA's 
limited staff. NIOSH is currently investigating the possibility of registering 
workers using recombinant DNA. 
Mr. Thornton agreed that the primary responsibility for worker health 
resides in the OSHA regulatory authority. However, the charter of the RAC 
specifically charges the RAC with investigating possible hazards of recombinant 
DNA technology to the public health. Mr. Thornton stated that this investigation 
is a necessary step before anyone can begin to regulate hazards. Ear. Parkinson 
restated his concern that the supplement to the NIH Guidelines for voluntary 
compliance could preempt OSHA's authority, and he felt that voluntary compliance 
will not work. Dr. Mason questioned whether Dr. Parkinson was challenging 
the Guidelines as inadequate and whether he had specific recommendations. 
Dr. Parkinson responded that he felt in the health surveillance area there 
were some deficiencies. Dr. Baltimore said that the establishment of 
bureaucracies and inspections in the absence of hazards are a waste of 
time, effort, money, and flexibility. He emphasized that there is no demon- 
strable hazard of recombinant ENA. In the five years that this technology 
has been used, no hazard has been demonstrated. Mr. Chamot said that 
AFL-CIO is more concerned about industrial applications and not so much 
concerned about academic research. Dr. Mason noted that NIH has set up 
reasonable containment safeguards and that OSHA may still act if they 
wish. Dr. Parkinson proposed a recommendation to set up a working committee 
composed of representatives of NIOSH, OSHA, and workers to discuss use of 
the Guidelines in regulatory agencies. Dr. Talbot noted that there is a 
Federal Interagency Committee on Recombinant ENA Research. Dr. Parkinson 
moved that Dr. Fredrickson should call a meeting of the Interagency Committee 
to discuss use of the voluntary Guidelines established by NIH by the regulatory 
agencies. Dr. Baltimore noted a meeting of the Interagency Committee was 
held recently. Mr. Thornton said he saw no problem with holding another 
Interagency Committee meeting to focus on health and safety questions, and 
the responsibilities of each agency. Dr. Parkinson restated his motion to 
include an amendment that RAC members and labor representatives should 
participate in such a meeting open to the public to discuss worker safety 
in this area. The motion was called: 7 members voted in favor, 7 against, 
with 4 abstentions. Dr. Setlow cast the tie-breaking vote against this 
motion. The final vote was 7 for, 8 against, with 4 abstentions. 
[ 172 ] 
