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Services of Mead Data C:entVali Inc. LEVEL 1- 43 OF 55 STORIES Business First-Buffalo; Copyright Business First of Buffalo, Inc. 1987; Business Dateline; Copyright (c) 1987 UMI/Data Courier March 16, 1987 SECTION: Vol 3; No 21; Sec 1; pg 19 LENGTH: 2272 words HEADLINE: WARNING: No Smoking in the Office Anymore BYLINE: Mary Patterson DATELINE: Buffalo; NY; US PAGE 149 Oct BODY: WARNING: The New York State Public Health Council has determined that smoking should be banned or severely restricted in most indoor public areas. Come May 7, smoking~will be prohibited in airports, shopping malls, hotel lobbies, taxis, hospitals and restrooms. It will be restricted in the workplace and in restaurants with seating for m~ore than 50. The rules are a culmination of the anti-smoking sentiment that has been building across the country. As smoking rates decline and scientific studies continue to add more evidence to the dangers of both smoking Itself and being exposed to "secondhand smoke," smoking~has become a habitua non gratis. In the early '60s, when the Surgeon General released a damning report on the potential effects of cigarette smoke, approximately 50 percent of American adults smoked. Today, just under 301percent light up. Late last year, a research committee impaneled by the National Academy of Science concluded that nonsmokers who are exposed to other people's smoke face increased risks of respiratory infections, irritation and lung cancer. .. All the evidence, plus the increased stridency of nonsmokers, has led 40 states and 80&localities or restrict smoking in a variety of areas. The Public Health Council rules, however, represent the most sweeping of t he N lot. For many, including some smokers, the rules don't come a moment too soon. © For others, they are a massive headache incarnate. ~ "They go a long way toward solving the problem," said Russel Sciandra, who ~ heads the Cancer Information Service at Roswell Park Memorial Institute and is a member of the Western New York Coalition Against Smoking. He said the Cancer ~ Information Service has been fielding calls about the new rules. ~ "We'We gotten a large number of calls,•primarily from employers, about Implementing the law," he said. "Most of the people we're talking to want to ~ make a good-faith effort." Meanwhile, many business owners and restaurateurs are concerned that meeting the letter of the law will present immense problems. The Business Council of . m /~ ® 1EXIS. n ~. ~~ ~`.~ ~r~.~®~ LE~~~

Senrices of Mead Data Central, Inc. Business First-Buffalo (c) 1987 UMI:/Data Courier PAGE - 150 New York State and New York State Restaurant Association have come out inn opposition to the rules. "We view smoking as an issue that 1s best handled on a company-by-company basis," said Raymond Schuler, president of the Business Council. He said i't would be "virtuaLly impossible" to enforce the regulations. Under the regulations, which were adopted as amendments to~ the state Sanita ry Code, employers must provide a smoke-free work area for any employee who wants it. Smoking Is also banned i'n company auditoriums, classrooms, conference rooms, elevators, hallways and restrooms. Company cafeterias must also provide sufficient nonsmoking areas for employees. Some companies may choose to prohibit smoking entirely. In companies where every employee smokes, smoking would still be restricted'in common areas. County healthidepartments would enforce the regulations, which must be displayed. However, most agree that enforcement would require a complain t. Employers could be fined up to $ 11,000 for noncompliance. For those smokers in private offices, it still will be okay to light u p, provided the company allows it. Restaurants with more than 50 seats must set aside a separate dining area which Is large enough to meet the demands of nonsmokers. Bars and the bar portion of restaurants do not have to restrict or ban smoking. While the regulations are set to take effect May 7, a lawsuit has been filed by opponents who argue that the Public Health Council does not have the authority to impose those restrictions. The plaintiffs contend tht the Public Health Council 'exceeded (its) powers and violated the constitutionally imposed separation of powers doctrine." Not surprisingly, the Tobacco Institute agrees and is backing the suit both verbally and financially. "Our research shows that New York is virtually the only state where an unelected regulatory body has this kind of power to lay down laws," said Scott Staph, assistant to the president of the Tobacco Institute. He said his organization is "substantially involved in the funding" of the suit to overtu rn the regulations. The suit was brought by two state legislators and several business groups. ~ Staph said the odds are against this or similar regulations finding their way into law. ~ N "We've found that 92 percent of the smoking restriction bills on county or ~ state levels are defeated or die In the legislature. There's a lot of smoke ~ , but not much fire, in terms of anti-smoking regulations across the county " he C11. , said. ~ Even i'f the rules are overturned, many employers are taking on the Issue of OD smoking in the workplace. The Seattle-based Smokinq.Policy Institute is ctivelv i'nvolved with helpinq emoloyers nationwide formu a e smok_ for their emp oyees. LXiS E ' f~"~~lS' LEXIS' U" ExZISO.

Services of Mead Data Central, Inc. PAGE 151 a we're dealYnq wi sow to imp emen os o . Business First-Buffalo (c) 1987 UMI/Data Courier "Wheri we first began,° said Jennifer Pepino, a spokeswoman,for the or anization "we dealt mostly with whether companies should have policies. Once you_start the ba11 ro In addition to helpin teachin the tools 1q set and videotapes oli'c to for em lo the of institute provides convertin work a la Now nto ers ease the process or smoking-restricted area. hone," Pepino said, n ad ition the fnstitute to set up tailored programs ver nonsmoking "We've helped thousands of companies T-oe a rox ma te who have a i d for their aci ities. Several companies across the country have enacted stiff nonsmoking programs for a variety of reasons. Pacific Northwest Bell in Washington banned smoking in all 750 of i'ts office buildings. The company had tried earlier to restric t smoking but found it did not work. The U.S.G. Corp. banned'smoking by employees both on and off the job. Thee company said it was justified because studies indicated that smokers, in particular, could be adversely affected by some of the materials used in making its acoustical products. Employees will undergo periodic tests to determine whether they are smoking, but the company will rely primarily on employees' "honor and their common sense." Other companies justify their smoking restrictions not only by confort for nonsmoking~employees, but also the cost of employing a smoker. One such study found that each smoker may cost an additional $ 4,000 per year in lost time, absences, property damage and medical and insurance expenses, according to a report in the New York Times. The Surgeon General estimated that a smoker costs s 500 per year more than a nonsmoker to employ due to absenteeism and health insurance costs. The Bureau of National Affairs and the American Society for Personnel Administration surveyed 662 private employers last year on whether they h~ad established a smoking policy. The study found that 36 percent had already done so and 2 percent were planning to. Smoking policies were being considered by 21 perc.ent. .Most of the employers with policies in place said they were supported by both smokers and nonsmokers. Most observers agree the trend away from smoking in offices will continue, even If there Is not a concomitant decline in smokers. In the future, where smokers and' nonsmokers must share space, the rights of the nonsmokers will prevail. If the Public Health Council's regulations withstand the court challenge, they will affect virtually all companies within the state. For those companies that are having trouble formulating an acceptable policy, the law allows them to request a renewable waiver that would exempt them f rom meeting the regulations if it would cause them "undue financial harm." For companies that have yet to formulate a policy but have eve ry good intention of doing so, information is available from the Western New York Health Care Coalition, which offers publications and other materials, as well as worksite smoking cessation programs. ' LEXES' R RE~' 19 ' LEX,' 13 ' LTMEXIS

Services of Mead Data Central, Inc. Business First-Buffalo (c) 1987 UMI/Data Courier Employers in.No Hurry to Enact Smoking Ban PAGE 152 In the world of bureaucracy, two months is the blink of an eye. But for s ome reason, many of Buffalo's largest employers are taking a"What, me worry?" attitude toward the mandatory smoking restrictions set to begin May 7 in New York state. In February of this year, the state Public Health Council adopted a set of amendments to the state Sanitary Code that would prohibit smoking in most public locations, including many office and building areas. Even in those offices where most or all of the employees smoke, the prohibitions would hold for such areas as conference rooms, hallways and rest-rooms. Employers are charged with both implementing the rules and seeing that they are followed. The regulations have met with disapproval from many groups, including the Business Council of New York State, which has said the regulations pose unfair restrictions on private businesses and would be extremely difficult to put into action. in addition, the Council has joined several other groups and two state legislators in bringing a lawsuit against t he regulations. The suit charges that the Public Health Council does not have the legal authority to impose such wide-ranging regulations. Rather, they contend, the changes should be enacted by elected bodies, such as the state Legislature. In Buffalo, the regulatfons have yet to spark a great movement toward setting policies b some of the larger companies. A telephone check with seven of the largest employers found that four of them were "studying the issue" but don't have anything definite yet. The others had policies that range from polite respect for nonsmokers' rights to outright banning of smoking in virtually all areas of the facility. General Motors Corp. has several sites in Western New York and upward of 1G,iiDO employees. To date, the company does not have a plan for meeting the New York state regulations. "We're reviewing It at this time," said Pete Peterson, regional public relations manager for General Motors. The Buffalo Board of Education has 6,000 employees and 77 buildings across the city. Although nothing is definite, the board will probably address the Issue at its meeting on March 25, said Albert Thompson, deputy superintendent. "We're looking at buildings, trying to determine whether we can set aside smoking areas or whether we must ban smoking completely," he said. ~ "In a couple of weeks, we're going to have a meeting" to discuss the smoking issue, said John Dobinski, vice president of personnel for Niagara Frontier Services Inc., the parent company of Tops supermarkets. "It is something we as employers and community leaders should be thinking about," he said. The company employs over 10,000 people on a full- or part-time basis. LEXIS ttEXiS ~LEJ.1S , 'ME x6S,:

Services of Mead Data Central, Ine. Business First-Buffalo fc) 1987 UMI/Data Courier PAGE - 153 The state University at Buffalo is several steps closer to actually Implementing a smoking policy, according to Cliff Wilson, assistant vice president for Human Relations. However, the work on the policy began long before the Public Health Council issued its regulations. "Four or five months ago, we got a memo from the governor's Office of Employee Relations saying we ought to establish a committee to discuss a smoking policy," Wilson said. However, the state regulations put a wrench into the works and now the committee, composed'of Wilson and representatives from the university's unions, i's waiting to see whether they must adjust their recommendations to the president. "If the (Public Health Council's)T policy holds, it's just a question of implementing it, not a question of philosophy,"'Wilson said. The university comprises several campuses and employs 10,000. The United States Postal Service, which has 4,350 area employees, falls under the guidelines Imposed by the federal General Services Administration. According to Steve Rockwitz in the Safety and Health Department of the Postal Service, smoking is allowed only in designated areas and private offices. The 4,300 Western New York employees of Marine Midland Banks Inc. are cove red by a policy that coaxes rather than commands. "It says 'You've got to respect the rights of both smokers and nonsmokers,'" said Patrick O'Leary, vice president and regional human resources manager for the bank. There are 89 Marine Midland locations in Western New York, not including~the Marine Midland Center, which is owned by Jon Kreedman. "We've prohibited it in some areas, permitted it in some and designated it in some," he said. If individual employees cannot work out satisfactory accommodations, then they first bring it to the attention of their supervisor. From there it goes to the.Human Resources Department. If all else fails, O'Leary said, the wishes of the nonsmokers prevail. The Marine Midland policy went into effect for all bank operations In and out O of state on March 2. So far, O'Leary said, there have been no problems with it. ~ The strictest policy among the employers contacted by Business First was the tV one proposed for Buffalo General Hospital. There, the hospital must meet state ~ regulations as both a health facility and an employer. For all visitors, ~ smoking is prohibited. It is also not allowed in i'ndividual patient rooms. ~ For employees, each Buffalo General site will have one area that is jV designated for use by smokers. N "We've been working since August to formulate our plans," said Susan Hunt, assistant administrator. "We feel confident that the majority of our employees will go for it." U L EZ, 13 1e1iEXIS'L@74 lS'k- Fj Ev J T6S '

Services of Mead Data Central, Ina Business fir5t-BuffaLo tc1 1987 UMI/Data Courier PAGE 154 Hunt said a survey showed most hospital employees wanted a smoking policy and that the state regulations were a mere formality. "We would have made those changes anyway." GRAPHIC: Cartoon SUBJECT: Public health; Smoking; State regulation; Employment policies; Regulatory agencies; Middle Atlantic NAME: Cliff Wilson; Patrick 0'ILeary; Jennifer Pepino; Scott Staph GEOGRAPHIC: Middle Atlantic Region; Buffalo; NY; US COMPANY: General Motors Corp; DUNS: 00-535-6613; SIC: 3714;3711;3585; TICKER: GM Marine Midland Banks Inc; DUNS: 00-697-6732; SIC: 6711;6022; TICKER: MM Buffalo General Hospital Inc; SIC: 8062 LOAD-DATE-MDC: February 9, 1988 N 0 N N ~ ~ ~ GJ N N Z9 ' LEXIS'kEXIS'LEJ2S °1EXIS