Tobacco Documents Online

ASSOCIATED INDUSTRIES OF 11;EW YORK STATS'  150 STATE STREET ®! ALBANY, N.Y: i TELEPHONE 051I81 465'-3547' ASSEMBLY 2746 '(GRANNIS}. Associated Industries of New York State, Inc., opposes the above- captioned bill which would' expand the current prohibi!tion against smoking on public conveyances and in museums, libraries, and theaters, to certain other areas. Revealing of the merit and, perhaps more importantly. the feas; hi li tir and enforceability of this proposal are the many varied exclusions to its application which have, over the years, been addedi by its drafters to meet sound and numerous objections. Specifically: factories are automatically exempt from the provisions of this bill; bars, restaurants seating fewer than 1010 persons and areas comprised of less than 1,000 square feet may be similarly exempt as "'smoking areas in their entirety." Yet, the serious objections of employers now targeted for select imposition of the prohibition have not been met even by these many revisions. Thus, for example,, the bill would still require the creation of a separate smoking areaa in all but the smallest of commercial offices. A place of'work need not be a large industrial factory for itss equipment (in the case of even a modest-sized business office, type- writers, copy machines, postage meters, computer terminal, etc.)') to be positio;led for maximum efficiency and relocated only with great inconvenience and~impairment of work processes. It is not difficult to see that the contemplated relocation of'such apparatus solely onithe basis of the possible smoking habits of employees will cause an unreasonable disruption of work routines. The possibility of an administrative waiver based upon a finding of "'severe" economic hardship (certainly a strict, subjective and unreliable basis) can be viewed as small consolation to employers. Al's underlying complaint w'ith the subject bill is that it contemplates legislating a practice which is better left to resolution on ann individual basis. Surely by now employers, employees and the public they serve are sensitized to the controversy regarding, the comfort and health implication of the passive inhalation of' smoke. The realization that some individuals do not prefer to be near others who do should be met not with a leQislated line of demarcation between the two, but rather with a reasonable response by owners and managers: which is tailored to the particular composition and desires'of their patrons and/or employees. Associated Industries respectfully recommends defeat of this bill. 01363'54G2' TF'./mlk WIICA i! E A0'AMS 0 LEClSLATIVE COUNSEL  150 STATE STREET w ALBANY;, N.Y. 0 f518)i 436~m721