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Anne Landman's Collection

The Right to Smoke Diagnosis and Prognosis

Date: 12 Apr 1994
Length: 9 pages
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Abstract

This document from the Philip Morris collection predicts a dismal future for the tobacco industry with regard to smoke-free policies, especially in workplaces. It makes such assessments as,

"Political and societal trends [on secondhand smoke] are negative...we are in danger of losing the war...the battle for public opinion has been lost...public believe ETS [environmental tobacco smoke] to be a significant health hazard..."

The paper concludes that,

"Workplace is the battleground but legislators, employers, non-smoking workers, and even smoking workers, are against us...our action priorities must now include the defence of the right to smoke at work as a major priority..."

The writer mentions places where the industry has had some success in deflecting workplace smoking bans: "The Italian experiment of working with personnel managers...the Dutch and Belgian campaigns for mutual tolerance...based on the use of humour...the Irish voluntary codes on smoking in the workplace."

Strategies include forming "strategic alliances with those who exercise social control, e.g. personnel managers, owners of catering establishments, trade unions....we can only fight htose systems through those who manage them."

It concludes by saying,

"If the battle for the work place is lost there will be significant loss of consumption...[the] object of the antis will be virtually achieved of engineering smoking into a private pursuit...we must determine to make our stand on this one."

Fields

Quotes

12 April 1994

Thesis

- political and societal trends are negative

- we are in danger of losing the war

- future developments expected to be universally damaging

- the battle for public opinion has been lost

- public believe ETS to be a significant health hazard

Consequence

- a smoke free environment now regarded as a personal and/or group right

- public will support further restrictions

- smokers will acquiesce

- antis have almost reached limits of public places restrictions

- the next battleground is the workplace

Psychological Shift

The starting point of this analysis is public attitudes there has been a major shift in the public mind on ETS ETS is now regarded as a significant health hazard even smokers believe this

A smoke free environment is now regarded as a personal and/or group right

it is a virtuous demand with moral force

Not a Public Right

- the right to smoke is now seen as one to be exerdsed only in private

- or on the authority of non smokers

- it is no longer a public right

- this psychological shift is profoundly important for future policy making

- opens up new and extensive opportunities for bans or restrictions

Strategic Shift

- antis have won the battle on public spaces/public transport

- have realised limitation on further successes in private places because of hostility from producers/consumers

- but they also understand the profound significance of the psychological change in public attitudes

- consequently, a strategic shift in policy can be expected from now on the main focus will be on the work place

Work Place Forecast

- we must anticipate a crescendo of activity over next 3/5 years

- will be mixture of legislation (EU and national) and "voluntary" action

- bans and restrictions will be modelled on US

- this influence is increasingly important

- especially Labour Department proposal for smoking ban in work places

Situation Analysis

- we have done little to offset the social engineering of the antis have failed to defend the right to smoke in public spaces

- have made little preparation to resist the impending onslaught on the fight to smoke in the workplace

- the key point is that non smokers are psychologically in the ascendant

- consequently, employers are not willing to resist bans/restrictions if demanded

- and are unwilling to incur extra costs to facilitate smokers

- some are unilaterally initiating smoking bans

Work Place Programme

- work place restrictions will proceed by a combination of local action, national legislation and EU initiatives

- and from employers anticipating such demands/legislation

- national legislation will introduce "smoking areas" i.e. progressively pfivitise a public right

- EU legislation will proceed as health and safety measure

Factors for Success

- most workers will support/welcome bans or restrictions

- will be seen as right to a smoke free environment, i.e. a moral right

- employers will taken line of least resistance

Company
Philip Morris
Author
Presumed corporate author, Philip Morris
Region
Europe
United States
Named Organization
CECCM
EU, European Union
European Framework for Action
Labour Dept
National Manufacturers Association (Defense groups for cigarette companies worldwide)
In places around the world where these associations did not exist, the tobacco industry created them to help defeat public health efforts around tobacco.
Named Person
Holligon, B.
Type
REPT, REPORT, OTHER
Litigation
Stmn/Produced
Subject
secondhand smoke
industry surveillance (Intelligence-gathering on public health forces)

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~'~~ ~~Q.<< The Right to Smoke Diagnosis and Prognosis 12 April 1994 1. Thesis - political and societal trends are negative - we are in danger of losing the war - future developments expected to be universally damaging - the battle for public opinion has been lost - public believe ETS to be a significant health hazard 2. Consequence - a smoke free environment now regarded as a personal and/or group right - public will support further restrictions - smokers will acquiesce - antis have almost reached limits of public places restrictions - the next battleground is the workplace 3. Psychological Shift the starting point of this analysis is public attitudes there has been a major shift in the public mind on ETS ETS is now regarded as a significant health hazard even smokers believe this a smoke free environment is now regarded as a personal and/or group right it is a virtuous demand with moral force 1
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4. Not a Public Right the right to smoke is now seen as one to be exercised only in private - or on the authority of non smokers - it is no longer a public right - this psychological shift is profoundly important for future policy making - opens up new and extensive opportunities for bans or restrictions 5. Public Spaces - public places need to be divided into "public spaces" and "private places" - public spaces are owned and operated by the public authorities - examples are airports, railway stations, hospitals, schools, sports and leisure centres, public buildings - antis initially concentrated on public spaces - success has been relatively easy to achieve 6. Impact - impact on cigarette consumption limited - users of public spaces are generally passing through i.e. they are "mobile" these social controls are accepted as tolerable provided the smoker's "denial" time involved is not significant (which is generally the case) nevertheless, smoking bans are important psychologically in strengthening social acceptability of controls 7. Private Places private places are used by the public in order to receive a service for which they pay 2
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the private place is normally owned and operated by companies or individuals and not by the public authorities examples are restaurants, cafes, pubs private spaces are characterised by producer/consumer relationship and thus belong to the market place 8. Impact - bans or excessive restrictions have largely failed in this arena - the main reasons are that users of these spaces are usually "stationary" and - invariably they are consuming food and/or alcohol - smoking is regarded as integral part of their enjoyment/ satisfaction - customers wish to maintain control over their time and space - legislators have tacitly accepted limitations on their ability to control the use of private space and time 9. Forecast of EU Activity - unlikely EU will be proactive in attempting to force greater restrictions on private places - because there is hostility from the producers of services and also from their customers too much social control over what is essentially private behaviour would be regarded as unacceptable or even intolerable we may expect continuing attempts to limit smoking rights but they will be minor rather than major 10. Air Travel is an exception to the difficulty of imposing social controls on zz paying customers is a particular case because it is characterised by "stationary" consumers, restricted spaces and pre-existing system of social controls c~t ~ 3
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air travellers are preconditioned to such systems because of safety requirements it is relatively easy to impose an additional restriction trend is for more airlines to impose bans on longer and longer flights, backed up by the Canadian Resolution for a ban in 96 and also by current draft directive on health and safety of transport workers 11. Other Public Transport buses are similar to aircraft because passengers are spatially confined and generally "stationary" bans will become universal - trains are different because passengers can be mobile and are not normally subjected to other social controls - it is also easier to separate smokers from non-smokers - but the health and safety directive could be a threat - in general the position regarding public transport is negative for air travel and buses but neutral, at least, for trains 12. Strategic Shift - antis have won the battle on public spaces/public transport - have realised limitation on further successes in private places because of hostility from producers/consumers - but they also understand the profound significance of the psychological change in public attitudes - consequently, a strategic shift in policy can be expected - from now on the main focus will be on the work place 13. Work Place Forecast - we must anticipate a crescendo of activity over next 3/5 years - will be mixture of legislation (EU and national) and "voluntary" action 4
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- bans and restrictions will be modelled on US - this influence is increasingly important - especially Labour Department proposal for smoking ban in work places 14. Situation Analysis - we have done little to offset the social engineering of the antis - have failed to defend the right to smoke in public spaces - have made little preparation to resist the impending onslaught on the right to smoke in the workplace - the key point is that non smokers are psychologically in the ascendant - consequently, employers are not willing to resist bans/restrictions if demanded - and are unwilling to incur extra costs to facilitate smokers - some are unilaterally initiating smoking bans 15. Work Place Programme - work place restrictions will proceed by a combination of local action, national legislation and EU initiatives - and from employers anticipating such demands/legislation - national legislation will introduce "smoking areas" i.e. progressively privitise a public right - EU legislation will proceed as health and safety measure - could also emerge as co-ordinated action under Art. 189 16. Factors for Success - most workers will support/welcome bans or restrictions - will be seen as right to a smoke free environment. i.e. a moral right - employers will taken line of least resistance 5
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- trade unions have probably been lost to antis - particularly true of health and caring professions - unions should be our natural ally but paralysed by conflict between competing rights i.e. smokers versus non smokers 17. Overall Picture - science is on our side but public/press won't listen - legislators/employers not willing to go against public opinion - antis may have reached limits on restrictions on "private places" - but will concentrate on work place - all the advantages lie with them - we have prepared few defences - and have not coordinated our efforts at European level 18. Options - public spaces - very little can be done to unwind the restrictions already imposed - private places - there is still a lot to be done in conjunction with the catering industry but could prove a tempting distraction as success is easiest in this arena - transport - air and bus travel are almost lost causes but rail travel needs to be defended vigorously work place - is the battleground but legislators, employers, non smoking workers, and even smoking workers, are against us our action priorities must now indude the defence of the right to smoke at work as a major priority 6
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The Right to Smoke Options and Actions 12 April 1994 1. Things Which Have Worked - in devising responses we should draw on strategies which have worked - these include the Italian experiment of working with personnel managers, - the French success in managing the public designation of smoking/non-smoking areas in catering establishments, - the Dutch and Belgian campaigns for mutual tolerance based, amongst other considerations, on the use of humour - the Irish voluntary codes on smoking in the workplace 2. Lessons - the importance of humour - the value of forming strategic alliances with those who exercise social control - e.g. personnel managers, owners of catering establishments, trade unions - also the necessity of taking quick action i.e. French signage 3. Things to be Considered - the antis use social control systems against us - we can only fight those systems through those who manage them we must identify who they are and coalesce with them on identity of interests this logic if applied to the work place would include the trade unions and/or workers' associations 7
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would require any confrontational relationships to be transformed into collaborative ones 4. Potential Allies in wider economy we need to identify potential victims of further social engineering includes alcohol, pharmaceuticals, chemicals and insurance attempt to form strategic alliances with them 5. Next Steps - NMAs to share agreed analysis of current trends, future threats and agreed action defence of the right to smoke in public and at work to be made a top industry priority strategic allies to consist of those who totally or partially control social systems and those industries exposed to threat of further social engineering specific programmes to be devised on the use of humour and the notion of tolerance - and also with the smoker as a worker and as a citizen - this will involve cooperation with trade unions and support for smokers rights' organisations 6. European Framework for Action - antis have succeeded because of long term strategy backed up by coordinated action - we need a counter European Framework for Action - should be developed on basis of the agreed assessment - followed up by joint decisions on action - to be implemented jointly by NMAs/CECCM - and followed up by careful monitoring and adjustment 8
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L 7. Conclusion if the battle for the work place is lost there will be significant loss of consumption object of the antis will be virtually achieved of engineering smoking into a private pursuit we must determine to make our stand on this one we need coordinated NMA/CECCM action. 9

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