89 
much broader — and uudesired — impacts upon the overall regulatory program 
for toxic substances. Rather, I believe that it would be more appropriate to en- 
act comprehensive legislation regulating all aspects of recombinant DNA re- 
search — including all commercial applications — which would be sensitive to the 
unique problems and issues attendant to this frontier of science. 
In closing, however, I would like to emphasize that in the absence of legislation 
which specifically addresses the unique problems associated with recombinant 
DNA research, the Agency will conscientiously attempt to protect the public 
to the fullest extent necessary against any unreasonable risk of injury to health 
or the environment which may be presented by any recombinant DNA activity, 
utilizing TSCA and other existing authorities. 
Sincerely yours, 
Douglas M. Costle, 
Administrator. 
U.S. Department of Labor, 
Occupational Safety and Health Administration, 
Washington, D.C., December 15, 1977. 
Hon. Adlai Stevenson, 
Chairman, Subcommittee on Science, Technology, and Space, Committee on 
Commerce, Science, and Transportation, U.S. Senate, Washington, D.C. 
Dear Mr. Chairman : This will respond to your letter of November 30, 1977 to 
Secretary of Labor Ray Marshall concerning the authority of the Occupational 
Safety and Health Administration as it pertains to recombinant DNA. 
Generally, the Occupational Safety and Health Act of 1970 covers employees 
engaged in both DNA research and commercial activities. However, employees of 
State and local governments such as a State university or community college, are 
not covered under the Act unless the State has an approved OSHA plan. None- 
theless, research or other activities conducted by a private employer under a 
contract with the federal, State or local government are, like those of any pri- 
vate employer, subject to the OSH Act. In addition, protection of Federal agency 
employees is provided for under a special section of the Act which requires 
Federal agency heads to develop and implement occupational safety and health 
programs for their employees. 
With respect to the regulatory authority of other Federal agencies, section 4 
(bill) of the Act provides that OSHA shall not apply to any hazardous working 
conditions that are addressed by the standards or regulations of another agency 
and which are promulgated by that agency in the “exercise” of its statutory 
authority. The Committee-reported DNA bill, S. 1217, contains the following pro- 
vision which is designed to ensure that section 4(b)(1) of the Act would not, 
in the case of DNA-related activities regulated under the terms of the bill, dis- 
place the application of OSHA to working conditions involving DNA. 
“(c) This title shall not affect the authority of the Secretary or the Secretary 
of Labor to exercise their respective authority pursuant to the Occupational. 
Safety and Health Act of 1970. And provided further, that in exercising authority 
under this title, the Secretary, the Commission, or any person acting on behalf 
of the Secretary or Commission or pursuant to the provisions of this title, shall 
not. for the purposes of section 4(b)(1) of the Occupational Safety and Health 
Act of 1970, be deemed to be exercising statutory authority to prescribe or enforce 
standards or regulations affecting occupational safety and health.” 
Thus, OSHA would be the agency with primary statutory responsibility in 
matters dealing with occupational safety and health hazards of DNA. 
While OSHA’s present capability to protect workers from the hazards asso- 
ciated with recombinant DNA is limited, this Agency’s responsibility for worker 
health and safety makes it essential for OSHA to acquire appropriately qualified 
personnel and technological capabilities. The acquisition of this expertise will be 
crucial in OSHA’s effectively setting and enforcing occupational safety and 
health standards to protect men and women working with recombinant DNA. 
I hope this information clarifies OSHA’s role in protecting workers from possi- 
ble hazards of exposure to recombinant DNA. If you need further information. 
please feel free to contact me. 
Sincerely, 
Eut.a Bingham, 
Assistant Secretary, Occupational Safety and Health. 
[Appendix B — 348] 
