As the serious health dangers of secondhand smoke have become more broadly recognized, many counties and municipalities, as well as some states, have enacted laws which substantially restrict or prohibit smoking in all or many worksites and public places. Likewise, hundreds of thousands of businesses, as well as units of local government, have implemented bans on smoking or very stringent restrictions on smoking in their worksites. These laws, in the form of regulations or ordinances, as well as worksite policies, now constitute a growing body of valuable information which can provide models for other counties, municipalities and businesses.
In this section of the SFELP web site, we have begun to post examples of some of the smoke-free regulations, ordinances and policies which we consider state-of-the-art or exemplary. In some cases, we have posted laws which are still in the proposed stage or which are in litigation; in these cases, we have included them because we believe the language of the laws provides good models. We will be adding many additional examples of laws and policies in coming months.
Michigan Governor Jennifer Granholm on December 18, 2009 signed into law a ban on indoor smoking in almost all workplaces and public places. The Legislature passed an amended House Bill 4377 on December 10th after years of stalemates over exceptions in the law. The measure allows indoor smoking only in three Detroit casinos on the gaming floors, cigar bars, specialty tobacco shops, home offices and motor vehicles, including commercial trucks. The smoke-free law, which takes effect May 1, 2010, makes Michigan the 38th state with such a law. To access a copy of the new law in pdf format click here. For additional information about the law, what it covers, and how it will be implemented, go to the state of Michigan site by clicking above.
MICHIGAN SMOKE-FREE COUNTY AND MUNICIPAL REGULATIONS & ORDINANCES
This section of this page has Michigan county or municipal regulations and ordinances, as well as model 100% smoke-free ordinances developed by the Smoke-Free Environments Law Project (SFELP) and by Americans for Nonsmokers' Rights (ANR), as well as an ANR listing of communities which have adopted 100% smoke-free ordinances. Immediately below are descriptions of and links to all the local Clean Indoor Air laws enacted thus far in Michigan, as well as the SFELP model law for use in Michigan counties.
The Smoke-Free Environments Law Project (SFELP) has developed a model regulation for use by Michigan counties which would prohibit smoking in all public and private worksites and public places, with the exception of bars and restaurants. This model regulation includes references to the relevant Michigan laws, so counties may use this to develop their own smoke-free regulations. This model regulation can also be easily adapted for use by municipalities as a smoke-free ordinance. The model regulation is based, in part, on the model ordinance prepared by the Americans for Nonsmokers' Rights (see link to their model ordinance below), as well as on work that SFELP has done in Michigan on smoke-free regulations and ordinances. In addition to prohibiting smoking inside buildings, this model has a section dealing with smoking near entrances to buildings. Michigan counties or municipalities, as well as organizations wishing to pursue such smoking regulations or ordinances, may contact SFELP for assistance. Click above for the model regulation.
As of April, 2008, the following 21 counties and the Cities of Detroit, Grand Rapids, Marquette and Traverse City have enacted Clean Indoor Air laws which are either in effect or will be soon: Ingham, Washtenaw, Genesee, Chippewa, Emmet, Otsego, Antrim, Marquette, Midland, Saginaw, Wayne, Alger, Mackinac, Schoolcraft, Berrien, Lenawee, St. Clair, Ottawa, Calhoun, Gogebic, and Houghton Counties. Together, this constitutes 107 cities, 58 villages, 332 townships, and 100 unincorporated communities: a total of 596 municipalities. Based on the 2000 Census data, these counties and the Cities of Detroit, Grand Rapids, Marquette and Traverse City have a total population of 4,690,133 or 47.1% of the total Michigan population of 9,938,444. To put this in perspective, a total of 29 states and the District of Columbia each have populations that are less than the 4,690,133 people now covered by Michigan's local Clean Indoor Air laws. To access the model regulation upon which each of these is based, click above. To access links to each of the Michigan laws enacted thus far, see paragraphs immediately below.
In 90 days after February 6, 2008, the Western Upper Peninsula District Health Department Clean Indoor Air Regulation will go into effect in Gogebic and Houghton counties. On January 29, 2007, the Board of Health of the Western Upper Peninsula District Health Department (WUPDHD) voted unanimously in favor of adopting a Clean Indoor Air Regulation to cover the five counties in their health district; the five counties being Baraga, Gogebic, Houghton, Keweenaw, and Ontonagon. As a multi-county health district, for the smoke-free regulation to go into effect in any of the 5 counties, all the counties had to adopt it, although any of the counties could opt to not have the law cover their own residents. On March 13, 2007, the Houghton County Commissioners unanimously adopted the smoke-free law. Over a period of months, Baraga and Gogebic counties adopted the law and opted to have it cover their residents, although in April, 2008 Baraga's Commissioners voted to opt not to have the law cover their county. Ontonagon County approved the law, but opted to not have it cover their residents. Then, on February 6, 2008, the Keweenaw County Board of Commissioners, adopted the Clean Indoor Air Regulation, but opted to not have it cover residents of their county. While the Keweenaw Commissioners voted to not have the law apply to their residents, they did approve the law so that it could apply to the residents in the other counties in the health district who wanted it to apply to them. Thus, the law, which will go into effect 90 days after February 6, 2008, will apply to Gogebic and Houghton counties. The law makes virtually all worksites and public places smoke-free, except bars and restaurants which can be required to be totally smoke-free only by state legislation. The WUPDHD Clean Indoor Air Regulation also covers places where bingo games are held, business vehicles, and common areas of hotels, motels, apartment buildings, condos, long-term care facilities and other multi-unit residential facilities. The two covered counties have a total of 53,386 people living in 5 cities, 5 villages, 20 townships and 15 unincorporated communities. For more info about the new law, and to access a pdf copy of the law, click above.
Late on the evening of September 6, 2007, the Calhoun County Board of Commissioners, by a 5 to 2 vote, adopted a comprehensive Clean Indoor Air Regulation. The law, which will go into effect on January 1, 2008, makes virtually all worksites and public places smoke-free, except bars and restaurants which can be required to be totally smoke-free only by state legislation. The Calhoun County law also covers places where bingo games are held, 80% of hotel and motel guest rooms, and home-based businesses. Calhoun County, in the 2000 census, had 137,985 residents living in 4 cities (including Battle Creek), 5 villages, 19 townships and 39 unincorporated communities. The Calhoun County law can be accessed by clicking above.
On August 28, 2007, the County Commissioners of Ottawa County, by a vote of 7 to 3, adopted a comprehensive smoke-free regulation. The new law covers virtually all workplaces and public places except bars and restaurants which can be required to be totally smoke-free only by state legislation. The Ottawa County law also covers bingo games, business vehicles, and also states that at least 80% of hotel and motel guest rooms must be smoke-free. In the 2000 census, Ottawa County had about 238,314 residents, all of whom will now be protected from secondhand smoke by this law. Ottawa County has 6 cities (including Holland and Grand Haven), 1 village, 17 townships, and 3 unincorporated communities. To access a copy of the Ottawa County regulation, in pdf format, click above.
On May 7, 2007, the City Commissioners of Traverse City, by a vote of 7 to 0, adopted a comprehensive smoke-free ordinance. The new law covers virtually all workplaces and public places except bars and restaurants which can be required to be totally smoke-free only by state legislation. The Traverse City law also covers bingo games, business vehicles, bus shelters and also states that at least 80% of hotel and motel guest rooms must be smoke-free. In the 2000 census, Traverse City had about 14,532 residents, all of whom will now be protected from secondhand smoke by this law. To access an unofficial copy of the Traverse City ordinance, in pdf format, click above.
On April 18, 2007, the St. Clair County Board of Commissioners, by a vote of 4 to 3, adopted a comprehensive smoke-free law which will go into effect in 90 days. The new law covers virtually all workplaces and public places except bars and restaurants which can be required to be totally smoke-free only by state legislation, and bingo halls. The St. Clair County law also covers business vehicles, and also states that at least 80% of hotel and motel guest rooms must be smoke-free. In the 2000 census, St. Clair County had 37 municipalities with about 164,235 residents, all of whom will now be protected from secondhand smoke by this law. To access the St. Clair County regulation, in pdf format, click above.
On March 14, 2007, the Lenawee County Board of Commissioners, by a vote of 7 to 2, adopted a comprehensive smoke-free law which will go into effect in 90 days. The new law covers virtually all workplaces and public places except bars and restaurants which can be required to be totally smoke-free only by state legislation. The Lenawee County law also covers business vehicles, public places where bingo is played, and also states that at least 70% of hotel and motel guest rooms must be smoke-free. In the 2000 census, Lenawee County had about 98,890 residents, all of whom will now be protected from secondhand smoke by this law. To access the Lenawee County regulation, in pdf format, click above.
On March 1, 2007, the Berrien County Board of Commissioners, by a vote of 10 to 3, enacted a comprehensive smoke-free law which will go into effect in 90 days. The new law covers virtually all workplaces and public places except bars and restaurants which can be mandated to be smoke-free only by state legislation. The Berrien County law covers public places where bingo is played and also requires that at least 80% of hotel and motel guest rooms must be smoke-free. Berrien County has about 162,453 residents, all of whom will be protected from secondhand smoke by this law. To access the Berrien County regulation, click above.
On October 17, 2006, the City of Grand Rapids adopted a Clean Indoor Air Ordinance when the City Commissioners voted 4 to 2 in favor of the ordinance. The ordinance will go into effect on October 1, 2007 after a year-long community education campaign. The law will require most workplaces and public places to be smoke-free, although it exempts restaurants and bars because localities are preempted by state law from making them totally smoke-free. The City of Grand Rapids has about 197,800 residents and all will be protected from secondhand smoke by this law. To access a copy of the law, in pdf format, click above.
On July 6, 2006, Luce County became the fourth county in the Luce, Mackinac, Alger and Schoolcraft Health District (LMAS) to approve a Clean Indoor Air regulation. The 4-county LMAS District Health Department smoke-free law was adopted by the County Commissioners in each of the four counties in 2005 and 2006. As a multi-county health district, the law had to be approved by each of the four counties before it could go into effect in any of them. The July 6th vote of the Luce County Commissioners reversed an earlier vote they had taken opposing the law. While the Luce County Commissioners voted on July 6th to approve the law, they opted to have it not cover Luce County at this time. However, the law will now go into effect in the other three counties on October 7, 2006. This comprehensive law will make most workplaces and public places smoke-free, with the exception of restaurants and bars which localities cannot make totally smoke-free because a state law prevents them from being covered. The law also covers business vehicles, places where bingo games are held, and hallways, lobbies and other common areas of hotels, motels, apartments, condos and other multi-unit residential facilities. The three covered counties have a total of 28,549 people living in 4 cities, 1 village and 27 townships. To access a copy of the LMAS law, in pdf format, click above.
On April 25, 2006 the Saginaw County Board of Commissioners passed a Clean Indoor Air Act which covers virtually all workplaces and public places, except bars and restaurants which state law prevents counties from making totally smoke-free. The law goes into effect on July 24, 2006. While the law allows for designated smoking areas in certain situations, it is not expected to be used by many businesses. Saginaw County has 42 municipalities which will be covered by this law, with over 210,000 people. To access a copy of the Saginaw County Clean Indoor Air Regulation, in pdf format, click above.
On January 17, 2006, by a 5 to 2 vote, the Midland County Board of Commissioners passed a Clean Indoor Air Act which covers virtually all workplaces and public places, except bars and restaurants which state law prevents counties from making totally smoke-free. The law goes into effect 90 days after January 17th. Among the places covered by the law are places where bingo games are held. Smoking is also prohibited near doorways of covered buildings. Private residences are exempt from the law, except when used as a child care facility, health care facility or adult day care facility. A worksite in a private residence used by a single individual which does not ordinarily have public or employee interactions at the site is also exempted from coverage, as are tobacco specialty stores. All other workplaces and public places are covered and have to be smoke-free. The new law will protect almost 83,000 residents of Midland County who live in 2 cities and 16 townships. To access the Midland County law, click above. Then click on The Actual Regulation link to download the regulation in pdf format.
The four counties in the region covered by the Northwest Michigan Community Health Agency (NWMCHA) passed a revised, comprehensive smoke-free regulation which covers most workplaces and public places, effective January 9, 2006. Because the NWMCHA serves a multi-county health district, the regulation had to be approved by the boards of commissioners of each of the four counties before it would go into effect. The counties that approved the regulation are Charlevoix, Antrim, Emmet and Otsego. Each county also had to decide whether to have the regulation cover its residents. Initially, three of the four counties voted to have their county covered by it; Charlevoix county did not, and therefore was exempt from the law, until such time as it decided to have the law cover its citizens as well. On April 26, 2006 the Charlevoix County Board of Commissioners voted to have the law cover their county, as well. Charlevoix County was covered by the law effective on June 24, 2006, but voted on February 27, 2008 to opt out again, so, effective that date, Charlevoix County was no longer covered by the law. The Public Health Clean Indoor Air Regulation of 2005 requires businesses in the three counties, except for restaurants, bars, tobacco specialty stores, and Indian-owned casinos, to provide an environment free of cancer-causing secondhand smoke for their employees and patrons, unless they have a separate, designated smoking area which is approved by the NWMCHA. To access the full regulation, click above. For more information describing the law, click here.
On August 2, 2005, the Marquette County Board of Commissioners unanimously adopted a comprehensive Clean Indoor Air Regulation covering about 65,000 people in 22 municipalities in the county (3 cities and 19 townships). The regulation becomes effective on November 1, 2005 and prohibits smoking in all workplaces and public places that are enclosed, with the exception of the following places: private residences, except when used as a child care, adult day care, or health care facilities; tobacco specialty stores; hotel and motel meeting rooms or assembly halls while these places are being used for private functions; casino's owned and operated by federally designated Native American Tribes; and, bars and restaurants, due to state preemption. It will be the responsibility of the employer to communicate the policy to employees, post no smoking signs, and remove all ashtrays from the facility. Smoking will also not be allowed near entrances, windows, or intake of ventilation systems of all workplaces and public places where smoking is regulated. To access the full regulation, in pdf format, click above. To access more information on the regulation, click here.
On July 20, 2005, by a 7 to 0 vote of the Detroit City Council, the Detroit Clean Indoor Air Ordinance was enacted. The law makes virtually all workplaces and public places smoke-free, except for restaurants, bars, casinos which are exempted by state law. The law does not allow designated smoking rooms, and it requires that at least 70% of hotel and motel rooms must be smoke-free. Smoking is also prohibited at least 15 feet from entrances to buildings. With the enactment of this law, all of Wayne County is covered by smoke-free laws; see the Wayne County law description below -- it did not cover the City of Detroit, but covered all other municipalities in the county. The Detroit law will be enforced by the Detroit Health Department. The City of Detroit has about 925,000 people, or almost 10% of the population of Michigan. To access the full ordinance, in pdf format, click above.
On March 18, 2004 the Wayne County, Michigan, Board of Commissioners, by an 11 to 1 vote, approved a smoke-free workplaces and public places ordinance which would have covered all of Wayne County, including Detroit. However, Wayne County Executive Robert Ficano vetoed the ordinance. After a year of negotiations, on March 17, 2005, the Wayne County Commissioners approved a revised Clean Indoor Air Regulation which covers all of Wayne County except for the City of Detroit which has its own Health Department. Mr. Ficano approved of this regulation, and the regulation goes into effect on June 15, 2005. When the regulation goes into effect, it will cover virtually all workplaces and public places except bars, restaurants, casinos and bingo halls, and some bowling alleys which have food service or liquor licenses (state law preempts Michigan localities from totally banning smoking in food service establishments, which include bars, restaurants, casinos and most bowling alleys). Also exempted from coverage are private residences, except when used as a child care, health, or adult day care facility, and tobacco specialty stores. The regulation also requires that a minimum of 70% of hotel/motel rooms must be posted no-smoking. Business vehicles are also covered by the regulation. The regulation does include a provision allowing designated smoking rooms, but only if they do not allow smoke to escape into smoke-free areas. Wayne County, not including Detroit, has over 1 million residents, or over 10% of the population of Michigan. The county has 32 cities, not counting Detroit,10 townships, and 1 village. A separate smoke-free regulation is expected to be adopted in 2005 by the Detroit City Council and Mayor. To access a copy of the Wayne County regulation, as passed by the county commissioners, click above.
The Chippewa County, Michigan, Board of Commissioners on July 12, 2004 passed a Clean Indoor Air Regulation which went into effect on October 11, 2004 and made virtually all workplaces and public places in the county smoke-free, with the exception of bars and restaurants (which state law prevents localities from making totally smoke-free) and casinos (which are on tribal land which localities cannot regulate). Among the many places covered by this law are bingo games and common areas in apartment and condominium buildings. On November 8, 2004, the County Board of Commissioners amended the regulation so that it does not apply to hotel and motel guest rooms, nor to manufacturers. This regulation will cover all municipalities in the county, which includes 1 city, 1 village and 16 townships. With passage of this law, 104 municipalities in Michigan have similar smoke-free laws, covering about 1.1 million persons; four counties -- Ingham, Washtenaw, Genesee and Chippewa -- plus the City of Marquette have now enacted such laws (scroll down to access the other laws). To access a copy of the Chippewa County regulation and the amendment, click above.
The Genesee County Board of Commissioners on November 25, 2003 unanimously approved a smoke-free workplaces and public places regulation. Genesee County (where Flint is) is the third county in Michigan to adopt a comprehensive smoke-free law, along with Ingham County (where Lansing is) and Washtenaw County (where Ann Arbor is), as well as the City of Marquette. With the enactment of the Genesee County law, over 1 million residents of Michigan are covered by such laws -- almost 11% of the residents of the state. Smoke-free laws now cover 86 municipalities in the state. The regulation does not cover restaurants and bars because localities are preempted from totally prohibiting smoking in these facilities. The Genesee County regulation covers most other workplaces and public places. The regulation went into effect on February 23, 2004. To access a copy of the Genesee County regulation, in pdf format, click above. To access the other Michigan smoke-free laws, scroll down on this page.
On November 20th, the Washtenaw County Board of Commissioners voted in favor of the most comprehensive countywide Clean Indoor Air Regulation in Michigan. The Washtenaw County Health Officer, Ellen Clement, at the direction of the Commissioners held a series of hearings on this issue throughout the summer. The Health Officer then forwarded a recommended smoke-free regulation to the Commissioners in September, and the Commissioners held a public hearing on the proposed regulation on October 2nd at which the testimony was overwhelmingly in favor of the regulation. On November 20th the Commissioners passed the slightly revised regulation, which will prohibit smoking in virtually all public places and workplaces in the county, including bingo halls, bowling alleys (not including portions of such facilities which are licensed as food service establishments) and private function rooms in hotels and motels. An exemption was included for an Ann Arbor homeless shelter, which will be allowed to have a smoking room which is separately ventilated. Restaurants and bars are not covered by this regulation because the Michigan Court of Appeals has ruled that counties and municipalities cannot totally ban smoking in these facilities because state law preempts this. The Washtenaw regulation goes into effect on February 18, 2003. Ingham County and the City of Marquette have both enacted smoke-free laws -- see below for access to these laws. To access the Washtenaw County regulation, as approved on Nov. 20, 2002, in pdf format, click above. The Washtenaw County Public Health Clean Indoor Air Resource Page, which has the following resources available, in pdf format, 1) The Clean Indoor Air Regulation; 2) Clean Indoor Air Informational Brochure; 3) Frequently Asked Questions about the Regulation; 4) Sample smoke free business policy language; and 5) "Smoke Free Business" sign; may be accessed by clicking here.
On February 12th, an overflow crowd packed the hearing room in the classically ornate 19th century Ingham County Courthouse to witness the County Commissioners voting 11 to 2 to approve a county-wide smoke-free worksite regulation -- Michigan's first such county-wide smoking ban. Ingham County includes the state capital, Lansing, and many other municipalities. The regulation will prohibit smoking in all public and private worksites in Ingham County, with the exception that private worksites can have designated smoking areas only if they have an identical room for nonsmokers and if smoke from the designated smoking area does not enter any smoke-free areas. Because of a state court decision, the regulation does not include a ban on smoking in restaurants and bars, although the County Commissioners are currently considering an amendment to the worksite regulation which will deal with restaurants and/or bars, as well. Also excluded from the smoking ban are bowling alleys and bingo game facilities. The regulation will go into effect in mid-May, 2002. To access the full regulation as adopted, click above. For a model regulation for use by other counties and municipalities in Michigan, see the paragraph above at the top of this section.
The Marquette, Michigan City Council on July 28, 1997 adopted this ordinance which prohibits smoking in most worksites in the city, as well as in most public accommodations, including restaurants (bars were not covered by this ordinance). This was the most comprehensive smoke-free ordinance in the state, at the time. Private worksites were required to be smoke-free on January 1, 1999. Restaurants were also to go smoke-free on January 1, 1999, but the Michigan Restaurant Association and some local restaurants filed a lawsuit to prohibit implementation of the restaurant section of the law. On January 7, 1999, a County Circuit Court judge ruled that the restaurant portion of the ordinance was preempted by state law, and therefore enjoined its implementation. This decision was appealed by Marquette to the Michigan Court of Appeals, which issued a ruling on March 13, 2001 upholding the lower court decision and stating that localities are preempted by state law from totally banning smoking in restaurants, but allowing localities to regulate smoking in restaurants to some extent. For SFELP's analysis of this ruling, click here. For the majority opinion in the case, click here. For the concurring and dissenting opinion, click here. The City of Marquette appealed the Court of Appeals decision to the Michigan Supreme Court, but the Court decided not to hear the appeal, and, therefore, the decision of the Michigan Court of Appeals stands and is binding throughout the state. Therefore, while restaurants and bars are not covered by the City of Marquette ordinance, all other portions of the law, applying to smoking in worksites and public places, went into effect on January 1, 1999.
This is a link to the updated model ordinance developed by Americans for Nonsmokers? Rights to totally eliminate smoking in workplaces and public places, including in restaurants and bars. This model ordinance provides a good starting point for drafting such ordinances in communities considering such policies.
This link is to the Americans for Nonsmokers' Rights site, where there are listings of communities in the United States which have adopted 100% smoke-free ordinances. The listing includes ordinances for 100% smoke-free workplaces, including restaurants, as well as ordinances which are just for 100% smoke-free restaurants. This listing is updated regularly.
PREEMPTION AND LOCAL SMOKE-FREE ENVIRONMENTS LAWS
Preemption is the term used to describe laws, generally enacted on the federal or state level, which prohibit lower levels of government from exercising authority over a specific subject matter, such as clean indoor air. In the area of smoke-free environments, preemption has often been found in state laws which prevent or restrict the ability of localities to ban smoking totally or partially.
In Michigan, the state Appeals Court, on March 13, 2001, in the Marquette case stated that localities were preempted from totally banning smoking in food service establishments, but could still regulate smoking to some extent in these facilities. See the section above titled "Marquette, Michigan Smoke-Free Ordinance" for more on this and to access the Appeals Court opinions. For SFELP's analysis of this ruling, click above.
As described above, many Michigan county and district (multi-county) health departments have proposed smoke-free laws which have then been enacted by the applicable Boards of County Commissioners. Likewise, two cities -- Marquette and Detroit -- have enacted smoke-free laws. These laws cover most public places and workplaces except for food service establishments. In 2006, a number of Michigan State Representatives asked the Attorney General for his opinion on whether home rule cities and/or counties are authorized to adopt ordinances or health regulations prohibiting smoking in public places. This also raised the question of whether Michigan state laws preempted the authority of cities or counties to enact such smoke-free laws. On May 16, 2006, Gary Gordon, the Chief Deputy Attorney General, responded in a 10-page letter. In his letter, he stated that "it can be concluded that the police power conferred by section 3(j) of the Home Rule City Act, MCL 1117.3(j) generally authorizes this type of ordinance adopted by the City of Marquette to protect the health of those who live in, work in, and visit the City". He went on to state that the smoke-free regulations adopted by local health departments are "a legitimate exercise of the authority conferred by ... the [Michigan] Public Health Code". He concluded by stating that the language the Legislature used in the Public Health Code clearly demonstrates that the Michigan Clean Indoor Air Act does not preempt local health regulations prohibiting smoking in public places and workplaces, except for food service establishments. On August 2, 2006, Charlevoix County Circuit Judge Richard Pajtas upheld the smoke-free law enacted by four counties in the Northwest Michigan Community Health Agency district; the judge rejected the argument that the smoke-free law was preempted by the Michigan Clean Indoor Air Act. Thus, the Circuit Court decision was consistent with the letter from the Attorney General's Office. To access the 10-page letter from the AG's Office, in pdf format, click above.
For more on preemption, see below.
The SmokeLess States report, Preemption: Taking the Local Out of Tobacco Control is a 20 page guide which provides a description of what preemption is and why the tobacco industry wants localities preempted (prevented) from enacting smoke-free and other laws. The guide also provides advice and examples of how preemption can be dealt with on the local level. The guide also includes a description of the Marquette, Michigan smoke-free ordinance battle and how preemption applied to this. You can download the guide, in pdf format, by clicking above.
DISPARATE IMPACT OF SMOKE-FREE POLICIES ON VARIOUS SEGMENTS OF SOCIETY
At this time, smoke-free workplace policies cover some places and not others. Certain groups of people are protected from secondhand smoke in greater proportion than others based simply on where they work. Below is further information on this subject.
An important study of the above title was published on April 13, 2004 in the Journal of Occupational & Environmental Medicine and was authored by Shopland, Donald R., Anderson, Christy M., Burns, David M. MD and Gerlach, Karen K. PhD, MPH. The following is from the abstract of the study: Information is lacking on which groups of workers are protected from job-related environmental tobacco smoke. Data from the Census Bureau's Current Population Survey are analyzed for trends in smoke-free workplace policies among 38 major occupations. Data are also analyzed to determine the degree of compliance with such policies. Although over three fourths of white collar workers are covered by smoke-free policies, including 90% of teachers, just 43% of the country's 6.6 million food preparation and service occupations workers benefit from this level of protection. Compliance with workplace restrictions is not a significant human resources issue because only 3.8% of workers reported that someone violated a smoke-free policy in 1999, down from 4.9% in 1996. Protection for workers is increasing, but those in food preparation and service occupations are significantly less protected than others. To access the abstract for this study, click above. For a press release from Americans for Nonsmokers' Rights concerning the study, click here. For a joint press release from ACS, AHA, ALA and CTFK, click here. For a synopsis of the findings of the study, click here.
REPORTS & INFORMATION ON THE USE OF VENTILATION SYSTEMS IN RESTAURANTS & BARS TO ADDRESS SECONDHAND SMOKE HAZARDS
Recently, as more communities considered passing smoke-free laws which cover restaurants, bars and related hospitality industry facilities, opponents of such laws have presented the use of various forms of ventilation systems as an alternative. This section presents articles and reports which assess this option.
A new Environmental Tobacco Smoke Position Document from the American Society of Heating, Refrigerating and Air-Conditioning Engineers, issued June 30, 2005, tells design engineers how to work with local regulations and codes on secondhand smoke. ASHRAE said it believes designers "should educate their clients of the substantial limitations and available benefits of engineering controls." The document contains information on the health consequences of non-smokers' exposure to tobacco smoke indoors and how this affects the design, installation, and operation of HVAC systems. The 55,000-member organization said it realizes indoor smoking bans are the best way to minimize exposure but also recognizes "much of the population" is exposed to secondhand smoke in workplaces, homes, and public places." The document outlines four design and operation approaches: banning smoking indoors, smoking allowed only in isolated rooms, smoking allowed in separate but not isolated spaces, and mixed occupancy of smokers and non-smokers. To obtain a copy, click the main title link above to access a the pdf document. Or, to visit the ASHRAE site, click here.
This detailed report by noted secondhand smoke expert James Repace examines the question of whether traditional mechanical ventilation systems or new displacement ventilation can reduce secondhand smoke levels to the point that they are safe for workers or patrons in hospitality venues. He concludes that they cannot, and that the only viable control measure continues to be total smoking bans. (This 56 page report is in pdf format.)
When the Philadelphia, PA City Council was considering a ban on smoking in public places, including restaurants, a Study Group was created to examine various options for protecting the health of citizens from secondhand smoke in restaurants. The majority of the Study Group concluded, in a report issued on November 1, 2000, that either total smoking bans or limiting smoking to designated, self-enclosed areas with separate ventilation systems were the safest alternatives. The majority rejected ventilation systems as not being effective. Click above for the Study Group report.
Workers' Compensation Board of British Columbia Issues Regs to Ban Indoor Smoking; Rejects Ventilation Systems as Effective Alternative; Finds No Negative Economic Impact
Scroll down to the Smoke-Free Statewide Law & Regulations section of this page for the set of reports from the Workers' Compensation Board of British Columbia, which did an extensive analysis of ventilation systems. The reports rejected the use of ventilation systems, finding that they were ineffective in protecting workers from air contaminated by secondhand smoke.
On May 16, 2001 the Ontario Tobacco Research Unit at the University of Toronto released a detailed report which reviewed the evidence regarding best practices to protect citizens from the dangers of secondhand smoke. The researchers examined the scientific literature, as well as Ontario laws, and concluded that there is no safe level of exposure to secondhand smoke and that there is no basis for concluding that ventilation systems provide adequate protection. Based on their review and analysis of the evidence, they concluded that full compliance with the Ontario Occupational Health & Safety Act requires that all tobacco smoke be eliminated from Ontario workplaces. They also concluded that provincial Medical Officers of Health could, and should, issue orders now to that effect. For the full 66 page report in pdf format, click here. For a news article, click above.
SMOKE-FREE WORKSITE POLICIES IN UNITS OF LOCAL GOVERNMENT
This section of this page has examples of smoke-free worksite policies adopted by units of local government in their role as employers, including some which involved agreements with labor unions.
The Village of Newberry, Michigan on August 13, 2001 adopted a policy which bans smoking entirely in all village-owned workplaces, including in vehicles. The policy also prohibits smoking within 50 feet of all entrances/doorways. This policy is a good example of the type of smoke-free rule that can be adopted particularly by smaller localities which do not ordinarily feel a need for highly detailed ordinances/laws. Click above for full policy.
The Grand Traverse County, Michigan Sheriff's Office adopted a no-smoking policy on January 7, 2000 which prohibits smoking indoors and in vehicles. It also prohibits all new police employees from smoking on or off duty. This policy was adopted following negotiations and agreement with the union. Click above for full policy.
The City of Traverse City, Michigan Police Department and Local Union No. 214 of the International Brotherhood of Teamsters adopted a labor union agreement on January 1, 1999 which states that no new hire for the Police Department shall be permitted to use or possess tobacco products of any kind on or off duty. Click above for policy.
In January, 2002, the Wisconsin Tobacco Control Board (WTCB) released the results of a 2001 comprehensive survey of smoking policies in Wisconsin county and municipal buildings. The survey is part of the WTCB's goal of achieving 100% smoke-free municipal government-owned buildings by 2005. The WTCB had conducted such surveys in 1996 and 1997 as well, so they were able to measure progress toward their goal. Their key findings from the 2001 survey were as follows: 1) there has been significant progress in establishing smoke-free policies for county, city and village government buildings since 1997; 2) an estimated 52% of all municipal governments ban smoking in all buildings; 3) approximately one-third (34%) of municipal governments ban smoking in all vehicles; and 4) over three-quarters (78%) of the municipal governments that ban smoking in all buildings indicate that they strictly enforce the policy. Click above to access the survey results in pdf format.
SMOKE-FREE WORKSITE POLICIES IN BUSINESSES
This section of this page contains information for businesses about methods for proceeding with the adoption of smoke-free policies, including examples of both inside smoking policies and outdoor/campus smoking policies.
General Motors, one of America's largest corporations, adopted a total smoke-free policy for all its Ingham County, Michigan facilities, effective August 5, 2002. General Motors chose to adopt a total smoke-free policy as a result of the enactment on February 12, 2002, of a smoke-free worksite regulation by the Ingham County Board of Commissioners. However, General Motors had the option of seeking permission from the Ingham County Health Department to create designated smoking areas under the new law. Instead, General Motors decided to come into full compliance with the new law and adopt "a wall-to-wall no smoking policy" which applies to all work areas and public spaces and covers "all employees, contractors and visitors." This decision by General Motors, a corporation with a large union presence, is a clear indication that any corporation can adapt to a smoke-free policy. For a copy of the General Motors policy announcement, click above. For a copy of the Ingham County regulation, click here. For a copy of SFELP press release, click here
Click above for a link to the Smoke-Free Worksite Web Site of the South Carolina ASSIST project. This comprehensive site provides information about steps to take to successfully implement a worksite smoke-free policy, sample policies, sample employee surveys about smoking in the workplace, and related information. For additional information about the benefits of adopting smoke-free worksite policies, legal liability issues, etc. go to the overall S.C. ASSIST project site.
This link to a Canadian report titled "Workplace Smoking: Trends, Issues & Strategies" provides extensive information about smoking and smoking policies in the workplace, including: data on differences in smoking rates in small versus large companies; the impact of smoking restrictions; the economics of workplace smoking restrictions; and more.
This is a link to the In Your Workplace site developed by Americans for Nonsmokers' Rights. Businesses can access this resource to gain information about emerging issues, reducing business costs, health issues, and many other topics. The page also gives a link to model smoke-free workplace policies that can be used to create 100% smoke-free working environments for employers, employees, and members of the public using their facilities.
SMOKE-FREE POLICIES IN HOSPITALS AND LONG-TERM CARE AND RELATED FACILITIES
This section of this page has examples of adopted and model smoke-free policies for hospitals, long term care facilities and other health care facilities.
Hospital Smoke-Free Policies:
The Medical College of Georgia (MCG) adopted a smoking ban in January, 1990 which creates a largely smoke-free hospital, while allowing limited smoking in certain private rooms in residence halls and long term care facilities. Smoking is prohibited in MCG vehicles. Smoking is allowed on the grounds, but not within 25 feet of entrances/exits. The policy applies to all MCG employees, students, patients or visitors. The MCG may create designated smoking areas outside. Click above for policy.
Long-Term Care & Related Smoke-Free Policies:
The Center for Social Gerontology has developed model smoke-free policies for Senior Centers, Adult Day Care Centers, Nursing Homes, and Assisted Living Facilities. In addition, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) has issued standards for smoking in long-term care facilities. Further, information is available on the dangers of smoking-caused fires in these facilities. All of these materials are available by clicking above.
Outpatient Drug Treatment Facility Smoke-Free Policies:
The following is from an abstract from a study of the above title published in the June, 2005 Nicotine Tobacco Research journal: Most drug treatment patients smoke cigarettes, and some facilities are beginning to help patients quit. Facility smoking policies can help or hinder this effort. The present study describes smoking policies in outpatient drug treatment. It is a secondary analysis of a survey on smoking cessation treatment in outpatient methadone maintenance facilities in the United States. One clinic leader (a medical director, head nurse, or clinic director) from each of the 697 U.S. facilities was invited to participate in the study. Main outcome measures included whether clinics had a written smoking policy as well as the types of indoor and outdoor policies in place for patients and staff. A total of 408 (59%) of U.S. clinics responded. Most clinics (73%) had a written smoking policy for patients, and more (82%) had written policies for staff. Over 90% banned indoor smoking by staff and patients. Few totally banned outdoor smoking. Approximately half in some way restricted where patients (48%) and staff (55%) smoke outdoors. Compared with clinics that did not treat nicotine dependence, significantly more clinics that treated nicotine dependence had written policies on smoking and restricted outdoor smoking for patients and staff. Likewise, many public clinics and those affiliated with hospitals had outdoor smoking restrictions for patients and staff. Drug treatment facilities routinely ban alcohol use and drug dealing on their grounds. Only 1 in 10 ban smoking. Outpatient facilities should restrict or ban outdoor tobacco use in order to remain consistent with their mission and avoid sabotaging clinic efforts to treat, and patient and staff efforts to stop, smoking. Click above to access the abstract.
SMOKE-FREE COLLEGE & UNIVERSITY POLICIES
Increasingly, colleges and universities are adopting smoke-free policies to protect students and faculty from the dangers of secondhand smoke and to prevent cigarette-caused fires in dormitories and other buildings on campuses. For some examples of colleges and universities which have adopted such policies recently, go to the Recent ETS News section of this web site and scroll down the news items. Some colleges and universities have begun to consider prohibiting smoking on all campus grounds as well.
This link to the American Cancer Society's Smoke-Free New England Campus Initiative site provides a wealth of information on how to make college campuses smoke-free. The site has a 7-step policy plan, as well as model smoke-free policies and much more, including a manual for advocating for a tobacco-free campus.
This is a link to the Colleges and Universities page of the Americans for Nonsmokers' Rights website. It includes a wealth of information for campuses considering going smoke-free including dorm and sorority policies, current news and events, examples of university and college policies across the country, and much more. The page also includes a model smoke-free university policy developed by ANR which would prohibit smoking in all enclosed spaces of all facilities owned by a university, with the exception of private residential space within university housing. [It should be noted that recently a number of universities and colleges have also banned smoking in all their dormitories and residential units. Some colleges and universities have also discussed the possibility of making all campus grounds smoke-free.] Please click the main title link above to access the site.
SMOKE-FREE STATEWIDE LAWS AND REGULATIONS
This section of this page has links to a number of the most comprehensive statewide smoke-free laws, which are examples of state-of-the-art enactments.
Ohio voters passed Issue 5 on Nov. 7, 2006, creating Ohio's indoor smoking ban under a new chapter of the Ohio Revised Code (ORC) effective Dec. 7, 2006. This new law requires "public places" and "places of employment" be smoke free as of that date. These business and organizations must also post "No Smoking" signs that contain the telephone number 1-866-559-OHIO (6446) for reporting violations; and remove ashtrays and other smoking receptacles. To implement and enforce this new law, the Director of Health will adopt rules focusing on public information, education and awareness, as well as designating enforcement authority and procedures. While ORC Chapter 3794 is effective Dec. 7, 2006, the director of health then has six months, or until June 7, 2007, to adopt rules. While the Ohio Department of Health (ODH) and other organizations work through the rule-making process, businesses and organizations will be required to comply with the statute starting Dec. 7, 2006. In order to help affected entities towards complying with the new law during the rule-making process, ODH provides access to a number of items, including signage, etc. to assist businesses in complying with the law. To access these and a copy of the full law, click above.