, DON FUQUA, FLA,, CHAIRMAN

LARRY WINN, JR., KANS,

BARRY M, GOLOWATER, JR., CALIF.
HAMILTON FISH, JR., NY.

MANUEL LUJAN, JR., 6. MEX.
HAROLD C. HOLLENBECK, NJ.
ROBERT 3. WALKER, FA,

£OWIN B. FORSYTHE, NI,
WILLIAM CARNEY, N.Y.
MARGARET M. HECKLER, MASS,
F. JAMES SENSENBSRENNER, WISC.
VIN WEBER, MINN.

JUSO GREGG, N.H.

RAYMOND 2, MCGRATH, N.Y,

JOE SKEEM, N. MEX.

CLAUDINE SCHNEIDER, R.t.

JIM DUNN, MICH.

BILL LOWEAY, CALIF.

. ~
ROBERT A. ROG, 1,
SLORGE FE. BROYS, JA., CALIF.
James HM, SCHEVJER, N.Y.
RICHARD L. OTTINGER, N.Y.

TOM HARKIYAIOWA

MARILYN U.L0%%) BOUQUARD, TENN,
JAMES J. BL ecHang, MICH,
DOUG WALGREN, PA.

RONNIE G. FLIPPO, ALA.

DAN GLICKMAN, KANS,

ALBERT GORE, IR., TENN,
ROEERT A, YOUNG, MO.

RICHARD ©. WHITE, TEX.

HAROLD L. VOLKMER, MO,

BILL NELSON, FLA,

STANLY N. LUNDINE, N.Y.
ALLEN E, ERTEL, PA.

BOR SHAMANSKY, CHIO

RALPH M. HALL, TEX.

DAVE MCCURDY, OXLA,

MEHVYN M. OYMALLY, CALIF.

- COMMITTEE ON SCIENCE AND TECHNOLOGY
U.S. HOUSE OF REPRESENTATIVES
SUITE 2321 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, D.C. 20515
(202) 225-6371

July 1, 1981

Honorable Thorne Auchter
Assistant Secretary for
Occupational Safety and Health
Department of Labor
Washington, D. C.

Dear Mr. Secretary:

It has come to my attention that on June 29, 1981 your agency
proposed to remove Dr. Peter Infante from his position of Director,
Office of Carcinogen Identification and Classification and from
the Federal Service. I strongly believe that the evidence does
not justify the removal of this civil servant from office, and I
urge you to withdraw this action immediately.

My understanding is that Dr. Infante's removal is predicated
on an alleged misrepresentation of OSHA's position regarding
formaldehyde as a human carcinogen in a letter to the Director
of the International Agency for Research on Cancer, and insubordination
in sending that letter. -I believe that the facts indicate that
Dr. Infante was merely pointing out the presence of existing data
in his letter of May 12, 1981 to Dr. John Higginson and urging
that IARC follow its own specifications. This letter was prepared
in response to a note in an IARC monograph that states:

"Anyone who is aware of published data that may
alter the evaluation of the carcinogenic risk
of a chemical for humans is encouraged to make
this information available to the Division of
Chemical and Biological Carcinogenesis, International
Agency for Research on Cancer, Lyon France in
order that the chemical may be considered for
reevaluation by a future working group."

In his letter to Dr.Higginson, Dr. Infante does indicate that
formaldehyde is a carcinogen according to IARC standards. This
is merely a restatement of previous conclusions made in November
1980 by a distinguished group of Federal scientists under

the Direction of Dr. Richard A. Griesemer, then of the National
Cancer Institute, at the request of the National Toxicology
Program. The conclusion of that panel was "that it is prudent
to regard formaldehyde as posing a carcinogenic risk to humans."
This report was followed in February 1981 by a report to the
American Cancer Society, headed by Dr. Irving Selikoff that
came to similar conclusions. While competing evidence can

no doubt be generated, I fail to see how a competent civil
servant can be terminated for expressing his scientific opinion

HAROLD PF, HANSON
KXECUTIVE DIRECTOR

 

PHILIP B. VEAGER
ROBERT C. KETCHAM
INEGINA A, DAVIS
MANTHA KREBS
GrORGe 8. Kopr
JOHN ¥. DUGAN, JR.
THOMAS H. MOSS
DARRELL ®. BRANSCOME
ANTHONY C. TAYLOR
THOMAS FP. GRUMBLY

 

GERALD EF. JENKE
MINORITY STAFF DIRECTOR
Honorable Thorne Auchter
July 1, 1981
Page 2

in the presence of considerable evidence. At no point in his May 12
letter does Dr. Infante indicate what OSHA's regulatory policy might
be in this matter.

As for the charge of insubordination, I find it incredible that
you would propose termination when there is not a shred of evidence
in the file to indicate that Dr. Infante was informed in writing
that he should not express his scientific opinion when it was solicited.
In fact, the evidence is to the contrary. As you know, Dr. Infante
testified at a March 20, 1981 hearing before the Consumer Product
Safety Commission on a Proposed Regulation for Urea Formaldehyde
Foam Insulation. In his testimony, he made clear that his views
"jo not necessarily represent those of our employment agency." That
testimony was cleared before presentation with his supervisor, Dr.
Bailus Walker, Director of Health Standards for OSHA.

Not only does the available evidence not support your charges,
but I believe that a strong case can be made that your agency's
action is politically motivated. In your own statement of charges,
you attach letters from the Formaldehyde Institute critical, of
Dr. Infante. I am highly suspicious of any personnel action that
would have as its base a letter from an industrial group that
obviously has a stake in finding that formaldehyde is not a carcinogen.

Dr. Infante is both a scientist and a civil servant. I believe
that your Agency's action of June 29 serves to undermine the objective
responsibilities that scientists have to review relevant information
and the foundations upon which the civil service is based. If OSHA
suceeds in firing Dr. Infante, it. will be a clear message to all
civil servants who are charged with protecting the public health that
those who do their jobs will lose their job. The action is substantively
and procedurally arbitrary and capricious, and I urge you to rescind
it immediately. As you know, the Subcommittee has scheduled hearings
on the operation of the National Toxicology Program for July 15 and
16 to which you are invited. I look forward to discussing this situation
and your response to this letter at that time.

Sincerely,
/]

ALBERT GORE, Jr. ~~

Chairman

Subcommittee on
Investigations and Oversight

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