210 
DR. CHAMOT: Well, you are dealing here basically with what may not 
appear to be, but really is, another work environment, working with poten- 
tially toxic or harmful materials, and within that context a system that 
has been devised thus far is to give OSHA the regulatory responsibility. 
The NIH is not really a regulatory agency. 
DR. AHMED: They can be given — 
DR. CHAMOT: They can be, but why develop new expertise when the ex- 
pertise already exists. Perhaps not the technical expertise, but — 
DR. AHMED: Does OSHA have the expertise to deal with genetic engi- 
neering? 
DR. CHAMOT: Oh, OSHA could easily hire technical experts. That is 
not the question. I am sure that when OSHA starts working on this issue, I 
am absolutely certain that they will use the NIH Guidelines as the basis of 
the technical content of their regulations. 
DR. AHMED: Yes, but there is more than writing guidelines. 
DR. CHAMOT: Absolutely, and that is why it should go to OSHA rather 
than NIH. 
MR. SAMUELS: I would like to just add, since the question was addressed 
to both of us, one point, and one reason why I recognized the presence of 
Dr. Finklea in this room. By law Dr. Finklea has the obligation of directing 
an agency which must or should or can develop a criteria document which would 
be the basis for a standard. Dr. Finklea, of course, is Director of an Insti- 
tute which is part of the Department of HEW. So certainly HEW has a responsi- 
bility. But HEW, by mandate of Congress, has no regulatory responsibilities 
other than those narrowly defined, I might say, in the legal justification for 
the proposed guidelines. 
As for new legislation, we do not have at this point a position. 
DR. FREDRICKSON: Dr. Sturgis. 
DR. STURGIS: Do you think that OSHA has the capacity to add to its 
policing duties that already seem overwhelming and not being carried out as 
much as some of us would like to see done? 
MR. SAMUELS: I was unable to — In fact, I didn't know I only had five 
minutes when I accepted the invitation, and I was unable to read my full 
statement. But in my full statement is my recommendation that this committee, 
your committee, become an advisory committee under the standards-setting pro- 
cedures set forth in the Act, number one. That is the first stage of 
regulation . 
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