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 STATEWIDE SMOKE-FREE
WORKPLACES AND PUBLIC PLACES LAW
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.
Michigan Clean Indoor Air Laws
cover 596 municipalities and over 47.1% of state's population
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.
Calhoun County enacts
smoke-free law on September 6, 2007
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.
Ottawa
County adopts smoke-free law on August 28, 2007
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.
Traverse City adopts
smoke-free ordinance on May 7, 2007
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.
St. Clair County adopts
smoke-free law on April 18, 2007
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.
Lenawee
County adopts smoke-free law on March 14, 2007
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.
Berrien County
enacts smoke-free law on March 1, 2007
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.
City of Grand Rapids adopts
smoke-free law; Effective in October, 2007
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.
Smoke-free law
enacted to cover Alger, Mackinac and Schoolcraft counties; Effective October 7,
2006
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.
Saginaw County, Michigan passes
smoke-free law on April 25, 2006; Effective July 24, 2006
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.
Midland
County, Michigan passes smoke-free law on January 17, 2006; Effective in 90
days
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.
Northwest Michigan
Community Health Agency smoke-free regulation covers 3 counties
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.
Marquette
County, Michigan Secondhand Smoke Health Regulation Passes; Effective November
1, 2005
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.
Detroit Clean Indoor Air
Ordinance passed unanimously on July 20, 2005
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.
City of Marquette, Michigan
smoke-free ordinance
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.
Model Ordinance Totally
Eliminating Smoking in Workplaces and Public Places
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.
Listing
of Communities in U.S. with 100% Smoke-Free Ordinances
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.
Michigan: Preemption and Food
Service Establishments
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
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.
Disparities
in Smoke-Free Workplace Policies Among Food Service Workers
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.
ASHRAE
Advises Design Engineers on Secondhand Smoke
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.
Can
Ventilation Systems Control Secondhand Smoke in the Hospitality Industry?
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.
Grand Traverse County, Michigan
Sheriff's Office No-Smoking 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.
Traverse City, Michigan
Police Department Agreement with Union on Tobacco Use
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.
Wisconsin County and
Municipal Buildings Smoke-Free Policies Survey
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 Corporation
adopts total smoking ban in all Ingham County, Michigan facilities
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.
Workplace
Smoking: Trends, Issues & Strategies
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:
Smoking
policies in U.S. outpatient drug treatment facilities
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.
Smoke-Free
New England Campus Initiative
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.
Colleges and
Universities: Smoke-Free Resources
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.
Guidance on Ohio's
New Smoke-Free Law
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.