Tobacco Documents Online

0 THE STAR•LEDCsEFC, Monday, June U, 19us ~Stricter• regulations on smoking advance Jersey to legislative forefront By DAN WEISSMAN The impact of the series of bills signed last week by Gov. Thomas Kean makes New Jersey the only industrial state in the country wh~e ~nolung wiII be regulated in the workplace, at the supermarket, in restaurants and on public transit systems. - - Under terms of the new laws: • Employers with 50 or more workers will have to develop written policies on smoking in the workplace, such as establishing specific areas where smoking 'is permitted. The law goes into effect March 1, but employers will have a year from then to put the policies into effect. : Smoking will be prohibited in su-. permarkets and other food stores with more thaa 4,000 square feet of floor s ace A violation carries with it a=25 f~me as of Dec. 12, when the law goes into effect. • Smoking restrictions on buses and trains and other "public convey- ances" will be tighlened but smoking will still be permitted on charter buses,, in bar cars or in limousines. After July 10, violating the law could mean a fine . of $200. ' • Restaurants with a capacity of more than 50 will have to tell their pa- trons if smoking and nonsmoking sec- tions are available, and notify the State Health Department of their policy,. Smoking in a nonsmoking section could , mean a fine of $25. The law, which ex- . empts bars, outdoor eating areas and ' portions of restaurants used for private parties, goes into effect Dec. 12. The most' sweeping of the new statutes is the workplace restriction. But instead of a firm government presence in enforcement, Assemblyman ' Martin Herman (D-Gloucester), who spoasored the smoking regulations, said the overall program has been designed as "a good faith partnership between government and employers." "We purposely did not put any reg- ulatory parameters in the legislation requiring employers who employ 50 or more people to do this or that, other than that' they have to establish their policy for smokers and nonsmokers," said the assemblyman. . Photo by FraMc oiGiacomo ~ Health Commissioneq Dr. J. Richard Goldstein displays a'no smoking' sign at his Trenton office Herman, who has led the fight for smoking restrictions for close to a dec- ade, said the new law does not mandate the adoption of a particular policy. It only tells them to set their own broad rules, tailored to their own workplace, for smokers and nonsmokers. "I hope it will work," said Her- man. "I am sure some people will try to ignore it. But from the employers I have spoken to and the number of peo- pie out there, I am sure you will see a renaissance in the attitude as far as the smoker and the nonsmoker. This is not a nonsmoker program. It will encour- age the smoker to quit." Herman said, "I did want to have a public policy as salutory as this one to be big brotherism. Studies have shown New Jersey industry can save millions by implementing a smoking limitation policy, and the intent of the bill is to give them fair incentive to do it." Herman,- a nonsmoker, said the legislative package is tile end product of countless negotiations and compro- mises. "9Ve're the first industrial state to pass these bills," said Herman. "I think it is a gigantic stride forward for a positive, public health policy. Over 20 years, the economic loss to industty from smoking has been cal- culated at $920 billion, and that trans- lates into the loss of tens of nilllions(of dollars) in New Jersey," said Herman. (Coot'd).

4 _8_ (CAnWd) "I never smoked. My mother died• at age 49 of lung cancer for theprivt- lege of smoking, and the topic always bothered me," said Herman. The workplace portion of the smoking regulations will be enforced by the Department of Health. Under terms of the new law, which goes Into effect' March 1, the state can file suit against an employer who fails to com- F ly with the terms of the smoking regu- ation. But before the issue is thrown into the courts, the law requires the health department to meet with the employers who do not establish a smoking policy and help them develop one. There are no specific penalties or fines for noncompliance. Fferman said the enforcement program, with all four of the new laws, will be "basically self policing and self re~ulating." Herman said, 'It's been shown na- tionally that people are basically law abiding. Put up a 'no smoking sign"and . they don't smoke." . A statement attached to the legis- lation setting up the warkplace smok- ing regulation law said, ' the depart- ment's primary role is to serve as an adviser to businesses in formulatinng smoking rules that are fair for each place of em loyment" The 9,000 employers who are ex- pected to be :affected by the new smok- ing and nonsmoking regulation have a year from the effective date of the law to put their smoking policies into ef- fect "As in the other smoking bills," said a summary of the workplace bill, . "this bill requires the State lkpartment' of Health to develop fair smoking poli- cies upon an employer's request as to rules governing smoking in the place of employment, but compliance is not' mandatory." Walter Galanowksy, a public health consultant for the Department of Health, said the department is in the F cess of "developing model policies r industry." "If they don't have a policy and it comes to our attention, we will send the company a registered letter," he said. "We will ask them to actually let • us see their smoking policy and if they don't have one, we will call'them in or we can call them in if we don't feel their policy adequately safeguards the. health of individual employes." Galanowsky said one ot the rea- sons for the year's delay between the effective date of the law and its en- forcement' is to "give addicted smokers time to give up their habit." And as a starter, he said, the De- partment of Health, even though it' is not' covered by the provisions of any of the bills, has adopted a"smoke-free workplace standard." The department's 1,400 employes were asked to vote on their preference,, and when the maiorit.y opted for the smoke-free standard, fiealth Commis- sioner J. Richard Goldstein put it into effect with an executive order. Goldstein said enactment of the four smoking laws "was an important step and an initiative to improve the overall publie health." He said he planned to "enforce the new laws vigor- ously 11 And under terms of the legislation, Goldstein will have to assess the value of the laws in a report to the Legisla- ture 1& months after they go into ef- fect. Galanowsky will oversee enforce- ment of the new restrictions on restau- , rants, supermarkets and workpllaces. But he said for all intents and purposes, local police and health authorities would be the enforcers of the super- market and restaurant laws. The public trinsportation law will be enforced lo- cally, too, he said. "When dealing with office facili- ties," safd Gaianowsky, "you have to understand how varied and different they all are. The important thing is you can having smoking. and non-smoking.. areas." He said;,however, the department will be using the experience of the de-• partment's own policy in its consulta- tions with other businesses. The de~artinent's policy, accord- ing to the `Biil of Right Toward aSmoke-free Workplace" limits smoking to one designated area on each floor of the eight-story building In which the health department Is located. It also allows smoking in half the iestrooms and one third of the lunchroom. The policy gives nonsmokers "the right to express their discomfort' and adverse reactions to tobacco smoke."' One firm, which has asked not to be identified, has already formulated its policy. A spokesman said the com- pany has set ap specific smokirig areas and has banned smoking at the desk un- less the smoker uses a smokeless ash- tray, which the company will provide. And if a smoker wants to smoke while going from the desk to one of the smoking areas, he or she cannot carry a lighted cigarette,,cigar or pipe. Other companies have banned smoking altogether. - New Brunswick Scientific, for ex- ample, has banned smoking every- where, except for a designated area of the cafeteria. The manufacturer of mi- crobiology research apparatus imposed. the policy six months ago to safeguard the health of its employes. Gregory Stevens, Gov. Thomas Kean's chief of staff and a smoker, said he will either ban smoking in all public ceremony areas of the Governor's of- fice or askpeople not to smoke oecause of the new laws. Stevens pointed out the restrictions on public buildings is part of another bill in Herman's package which is still stalled in~the Senate. The Prudential Insurance l:o. das already instituted a smoking policy, said Rick Matthews, a company spokes- man. Smoking is prohibited in meetmg rooms and dining areas, he said, and amoking employes "have to honor 'Thank You For Not Smoking Signs' the company provides to nonsmokers. The company will also W.; part of the cost' of a program to stop smoking that an employe attends, he said. Robert Geary, a spokesman for the New Jersey Business and Industry Association, which supported the work- place smoking law for its 11,000 mem- bers, said the association, in coopera- tion with the American Lung Associa- tion,, put together a pamphlet explain- ing the law and suggesting ways to comply with it. "As we go along, I am sure we will be asked to do more things and we- probably will do them," he said. Overall, said Geary, "The pro- gram is fairly simple. All the company really has to do is see to it that any nonsmoker who wants to keep away from ciga.rett'e• smoke i;: kept away. The. . program is broad enough to allow com- pames and employes to work things out on a non-adversarial way and stil: sat- isfy people's interests." Pat Witmer, director of legislative affairs for the New Jersey State Cham- ber of ~ Commerce, said the organization is still opposed to the new laws. "Our hope was they would not be enacted, but now that they are, we think the one on the workplace will be burdensome to employers. And we may get out into the field to hold confer- ences on how business can comply with the law." He said there are concerns on how the bill would hit industry: "For example, under the bill, any employe can complain to the Depart- ment of Health about violations of pro- cedures called for in the act We feel this will give disgruntled employes an- other tool for the harassment of man- agement And we always felt and stated the bills are an intrusion into the work- place and infringe on management pre- rogatives in these areas:" Wittner said the Chamber of Com- me£•ce re~resents about 7,000 busi- nesses in IYew Jersey. "If we had' our prerogatives, I think we' would like to see every busi- ness on its own develop fair rules to protect-its employes' health. But as far as the government telling business ex- actly how to provide for this in laws,. (this),really should not be the govern- ment's area." Furthermore, he saidi the fact that companies have to come up with writ- ten policies "could open the door to countless court suits which in turn (l:ont'd)

-9- (Cekd) would only lend to the disruption of the workplace." A tobacco industry spokesman, meanwhile, said enforcement of the new restrictions "is easier said than done." ~"Nobody knows how the state is going to handle it,"' he said: "Whoo- knows how. it will be enforced. They THE STAR-LEDGER, Saturday, June 15, 1985 READERS' FORl1M claim people wiu see a sign ana ooey, but the workplace bill says any disgrun- tled employe can call the state health department in. So the state health de- partment, will have to have a smoke- busting section to moderate and me- diate." • David Goldfarb, a lobbyist for the . tobacco distributor's, assertedi Clearing the air DEAR EDITOR As leader of the Republican delegation of the New Jersey Senate, I must take strong exception to a statement made in Regina Carlson's May 11 letter. Her allegation that Assemblyman Martin Herman was refused permis- sion to speak to the members of the Senate Republican delegation, '... while they gave an -eztensive hearing to agents of the tobacco industry," is false. The Senate Republiean delegation has had a long- standing policy against aAowingproponents or appneats of legislation to addre.cs them. While tf~is policy has been waived on special occasions, the delegation has gone to great lengths to insare that both supporters and foes of a particular bill are not allowed to address the delegation. On the day that the smoking bills were before the Senate, Assemblyman_Herman appeared before the door of the Senate Republican Conference Room and asked me whether he would be allowed to address the delegation on those bills. As a courtesy to Herman, I brought his request before the entire delegation and asked them whether or not they wished to have him address them. The delegation decided that it had- been adequately informed of the arguments,in favor of, and against, these ; bills. They decided that thdy.wauld not allow either Her- man or the lobbyists of the tobacco industry to address them on these bills. Herman was then informed of the decision. At no time during the Senate session was the Senate> Republican delegation addressed by "... agents of the to- bacco industry." The members of the Senate Republican delegatiow discussed and debated the merits of each of these bills and then went onto the floor of the Senate where each Senator cast a vote according to the dictates of his or her con- science. rve written this letter in order to correct an inaceu• racy that appeared in Regina Carlson's letter. My objec- tion is to an inaccuracy in her letter, not the goals and objectives of her organization. AUSTRALIA VICTORIA "THE SUN" JUNE 13, 1985. "Absolutely, there will be an im- pact, and I believe from smokers who have rights too there will be an angry impact: " . . Goldfarb said if'in the workplace; there are no exhaust systems "to take care of the smoke that goes from the mouth into the ozone, then the smoker is not getting his full right." He added that enforcement will - also be difficult. DEMONSTRATORS from MOPUP- son 15-cigarette packet which, they the Movement Againsi Promotion of say, is designed to attract young Unhealthy Products - protested smokers. A spokesman for Philip outside the Philip Morris Ltd offices Morris said tho group's claims were yesterday about the new Peter Jack- "absolute rubbish." S. Thomas Gagliano, Senator-12th District, West Long Branch

-L0- TUESDAY, JUNE 18, 1985 ' USA TODAY Get tough on smokuig, , doctors urge By Steven Findiay USA TODAY _ CHICAGO - Doctors meet- ing here are urging the Ameri- can Medical Association to combat cigarette smoking. . "It is generally perceived that the AbU hasn't been as ag- gressive as it might be" on slnoldng, Dr. Ed Caihoon of . Beaver, Okia., said Monday at the AMA'& annual meeting. Surgeon General C. Everett Koop, also at the tneetlag, voiced his support: safing he's "pleased with the IIurty of in- terest" by AMA members in anti-smoking efforts. Several antismoking resolu= tions are before the AMA this session. They include: a sup;i6rnag laws against smoking on public transporta tion, including airplane flights of less than air hour. O Urging action against the R.J. Reynolds Tobacco Co. ads that question studies on the health dangers of smoking.  Emphasizittg the dangers of smoke to nonsmokets. THE LOUISVILLE TIMES. WEDNESDAY. JUNE 12, 1985 % Hey, Madison Avenue: Smoking isn't for wimps I With "M-A-S•H" out of production, I wonder U Alan Aida has taken up resi- dence on Madison Avenue as an advertis- ing copywriter. The wimp in the gray-flannel suit. I can't think of anyone else (save for the person who put together Walter Mondale's campaign spots) who might have launched what is surely the dullest, most spineless and unimaginative ad campaign of modern times: "If you smoke, please try Carleton." I smoke, but I wouldnY buy a pack of Carletons on the basis of that ad any more than I'd respond positively to one that said, "If you wash clothes, please try Tide." And I doubt that anyone else would, either. The American smoker Is no different from the beer drinker, pantyhose wearer, car buyer or any other consumer, except that his breath smells considerably worse. If you want him to buy your product, you'd better give him a good reason. Sim- ply appealing to his better nature isn't going to do the job. One way to do this is to show a weather- beaten cowboy sitting on a horse in the middle of nowhere, hunched over and lighting up. This is one of the best reasons there is to buy cigarettes, but I'm not going to explain lt to you because It's so darned obvious. Another outstanding reason to try a par- ticular brand of cigarettes is sex appeal. This can be demonstated by showing a gentleman In evening clothes looking out of the corner of his eye at a woman who is giving him the once-over. RDI ARD IES RUISSEAUX Timea Columnist "The Taste Is Back," the slogan de- clares. Well! This being a family newspa- per. I can't tell you any more, but I'm sure it all makes sense to you. Or bow about a vigorous-looking fellow sitting on a bench in a locker •room smok- ing? If you're looking for a clearcut rea- son to choose a cigarette, what more could you ask for? All right, you want it spelled out. No shlllyshallying. How's this? "You've come a long way, baby." And who among us cannot recognite the logic of a woman dressed in a slinky red gown leaning against a pack of cigarettes slightly taller than she is. "Dare to be More!" I should say! Choice tobacco, laser-cut filter chamber, a world of flavor, lowest in tar, always $1 a carton less, breakthrough in taste, five more cigarettes In each pack. The whiny, pleading Carleton advertise- ment pales by comparison to these cre- atfve masterpieces. But perhaps with some minor alterations it could be saivaged. "If you smoke, please try to quit. If yoc can't, try Carleton:'