Tobacco Documents Online

I THE' LETiTER OF THE LAW The following provisions must be incildded in your company poiicy. SPACES WH'ICH MUST BE DECLARED NiO'N-SMOKING' • Eievators • Meeting; Rooms • Restrooms • Auditoriums • Conference Rooms • Medicai Facilities • Hallways SPACES' WHICH MAY BE DESIGNATED EITHER NON-SMOKING,ANDVOR' SMOKING PERMITTED • Private Offices • Immediate Work Areas • Lobbies • Cafeterias" • Employee,Lounges' 'Cafeterias-Mo smoking area of not less than 2A of the seating,capacity and floor space. "Employee Lounges-Same as cafeterias or, if more than oneJounge,'L2 the number of lounges must be non,smoking. WHO IS RESPONSIBLE... The employer is responsible for, conditions at the workplace. Hie is liable for the actions of his employees, It is the employer who will be fined. WHAT' IS THE PENALTY? Maximum Penalties: First Conviction ..................... ..$100 Second Conviction .................. $200 Third Conviction .................... $500 Fourth conviction ............ Misdemeanor ($1i0010~or six months iniail, or both). I 1 B'B~-4 ARE THERE EXCEPTIONS? The only workplaces which are not covered by the Law are: 1)~Private Homes 2) Property leased or owned by other governmental agencies. 3)1Norkpiaces occupied exciusively' by smokers. DEFINITIONS YOU MAY NEED TO KNOW: Smoke or Smoking: Means and includes the combustion ~ of, any lighted pipe, cigar, cigarette of any kind or the lighting of'any pipe, cigar,,cigarette of any kind, or any similiar article or any other combustible substance in any manner or in any form. Empioyer: Means any person who hires the services of'an individual person for compensation fon services to be rendered l in the workplace. Employee: Means any person' who i is employed by anyy employer in consideration for direct or indirect monetary wages or profit. . VMorkpiace: Means any enclosed area of a structure or portion thereof, intended for occupancy byy business entities excluding health facilities, theaters, auditoriums, pavilions, exposition halls, retail stores and eating establishments. Workplace includas,,but is not limited to, office space in office buildings, research and dewelopmentfacilities and manufacturing facilities. 20 :5GS4f3S

'I SPIRIT'OF THE' LAW 11 is the expressed intent'of the City Council~to require companies to accommodate the needs of non-smokers and to protect health at the workplace. Section 3, A.5'states "In any dispute arising,underthe smokimg policy, the rights of' the non-smokers shall be given precedence." This phase embodies the spirit of'the law. OPIAJbR' HEALTH HAZARD With the 1984 Surgeon General's Report pointing out the hazards of'secondhand or passive smoke, the time for regulation has arrived. In,addition, research„ by the Environ- mental Protection Agency recently concludedi that tobacco smoke is "the country's most dangerous airborne carcinogen" resulting in 500-5000 excess deaths per year. Tobacco smoke contains rnany, harmful chemicals amongithem: nicotine tar carbon monoxide cyanide ammonia nitric oxide benzene carbon disulfidee formaldehyde DDT acetylene acetone I , BB-5: Many of these are more prevalent in side- st'ream (from the butt end) smoke than in the mainstream smoke which the smoker inhales. Compared to smoke the smoker inhales, sidestream smoke contains: • 2 times the amount of itar and nicotine • 3 times as much benzopyrene • 5 times as much carbon monoxide • 50 times as much nitrosamines Passive smoking has been shown to be linked to cancer in non-smokers, respiratory disease im children, decreased pulmonary function, and'a host of ottier, physical reactions. Studies show that 713% of persons without allergy problems will experience some physical symptoms when placed in a smokey room. A APIAJOR NUJSANCE Even those individuals who are not concerned with health risks are concerned for other reasons. Burning eyes, scratchy throats, and tobaccoo odors are but a few of't'heir complaints. Z '~02~5G 8~~~:3f

I PUTTING THE LA'VI[' INTO EFFECT in order to speedily comply with the law, you may have to overlook the recommended procedure for putting aismoking policy intoo effect. The period between the City Council vote and the !aw's'taking effect'should have been sufficient, to allow for an employee survey and establishment of an advisory committee to review input. Now, however, it is time for Implementation. ~ You will still need a commtttee and'an ttt~~~~ individual who will be "incharge'". There must be someone who receives complaints and l acts on them; and'employees must know who this is. Perhaps you already have a safeYyy committee or health cornmittee which may be pressed into service. You must spend time and effort communicating the policy to employees. Putting a concise copy of therules in each! employee's salary envelope is a good way to get attention. Use as many routes of' communication as possible: companyy newsletters, office memos, staff'meetings, intercoms, union mettings, etc. In a large company you will want to surveyemptoyees.a few, weeks after to determine their levet of awareness:. F /~ i Enforcing the policy should be no more {,~~ diHicult than enforcing other personnel policies if the policy has been written correctly and has the support of'management. Remember that'fines are levied against employers, novindividuat smokers!! BB-6 F / a i' Follow.up is essential. After a few months `,;~' have elasped, assess employee attitudes regarding the policy, Then use this input to refine the policy. You may be surprised by the ease with which the policy is impiemer~ted. Studies have shown that: • 92% of Minnesotans favored their: state law which regulated smoking in the workplace and Iatso other public areas, (tJ1inne'apolis. Tribune). • In 1984, the Ca!ifornia Poll'found that 70% of' those surveyed favored the designation of certain areas for smoking in workplace. • A sunrey'by Martin~Field in 1984 showed 85% of Californians (and'that includes 7@%0 of smokers) believe secondhand smoke is very or somewhat hazardous for non.srnokers. MAKING TiHE' LAW WORK FOR YOU: WHEN THERE' ARE DIFFERENCES OF O'PINION Surveys tell us that most smokers (around 85%) will obey laws and rules restricting smoking. However;,smoking tobacco has now been recognized as an addiction, and many smokers who earnestly desire to quit must try several times before succeeding. Therefore; it is unrealistic to assume that alllsmokers will obey all provisions of a new smoking poliiry without some testing of limits. A few smokers may feel harassed andlrebel: Also, many non-smokers

lY may have harbored hostility toward smokers for yearsandlmaysuddenly feel vindicated by a smoking policy and thus make unreasonable demands. These are examples of temporary negative reactions which will require understanding and diplomacy. Such problems can ~be best handled through the following: CLEAR SPECIFIC POLICIES Policies should 'speli out requirements inn detail if possible: How much square footage or percent oflfloor space? Which rooms are smoking,iounges, which areas of'the cafeteria? Who receives complaints? SEGREGATION Providing distance between smokers and'non- smokers will alleviate much of the passive smoking problem:.. provided that the room is large enough to allow sufficient distance. Smoke drifts!IThere is even some evidence too show that the human body "Attracts" tobacco smoke. Keep this in mind when allowing,for amount of'separation. Ideally, there should be a wall or barrierbetween smokers and non- smokers, butthe Law does not require this. The next best situation would be the placement of alllsmokers in one area and all non-smokers ini another, with at least six (6) feet of space between the two:sections. IMPROVED VENTILATION Ventilation decreases the amount of tabacco smoke inritants in a room by diluting the polluted air withiresh ai'r. If, smoking is allowed in a room„there should be at least six (6) air exchanges per hour. This will need to be increased if'the room is very smokey or if'the occupants are very sensitive to tobacco smoke. Smoking areas are best placed under or near windows or return air ducts. The prevailing air flow shouid be toward the smoking areas: Beware of ventilation systems which transport smoke from ione area to another. A,IR PURIFICATION If ventilation does not allow for sufficient dilution of smokey air, the air should be filtered: Again,, air purification can only help: It cannot, remove toxic gases from the air, such as carbon monoxide; andlmost purifiers are designed to serve relatively small areas. • ION GENERATORS Ion generators cleanse the ai'r by attracting i particles of smoke. They have been rated effective but have the disadvantage of' causing the accumulation of tobacco smokee particles on walls;,floors; tables, etc., requiring cleaning. • TASLEITOP AIR'FICTERATION SYSTEMS These purifiers filter air but' have low, capacities and'.are easily overloaded in rooms with more than one smoker. • WHOLE ROOM A4R FILTERATION SYSTEMS H.E.P.A. or high efficiency particulate air filters are considered the most effective ty,pe of'filtrationsysterns. They have two: main, drawbacks: cost and size. • SMOKELESS ASHTRAYS Smokeless ashtrays are probably the least effective machines for control of smoke. These are primarily useful for those smokers who let cigarettes "burn down" without much actual smoking. Most are not powerfut enough to get rid of smoke that comes from a cigarette not ptaced in the ashtray. a t BB-7

;2; THE LAW MAKES $$ CENTS $'$ Companies who conform to the spirit of'the law and offer smoking cessation opportunities should experience a decrease in their smoking population. Good news should follow: INCREASED PRODUCTIVI TEstimates blame smoking for approximately 6% of lost productivity, Studies vary, saying $5'00-5675' per year per smoker is lost. LOWERED ABSENTEEISM & ILLNESS Smokers are absent 33%-50% more often than non-smokers. FEWER ACCIDENTS Smokers have twice the accidents of nonsmokers, REDUCED MAINTENANCE COSTS Less c!eaning, repair,,and replacemeni costs. Merle Norman cosmetics saved S1'3S00ithe first year of'its ban on smoking for its 825 emp!oyees. SAVINGS ON INSURANCE LESS TURNOVER & RETAILING CONCERN FOR!EMPLOYEES Making smoking socially unacceptable should convince some individuals to quiit.,Expressing eoncerniover the welfare of employees and ofteringprograms on-site is an excel!ent morale booster. BB:-8 WHERE TO F{ND HELP You may obtainia copy of Ordinance 21830 from, the City Clerk at (408) 277-4424. Any inquiries or complaints should be directed to the Code Compliance Division at (408) 277-4527 Loca!!hea!th agencies are also anxious to help. Your local Lung Association, for instance, will provide model policies; free signs, free consultation regarding; policy, implementation, health literature„and tips on quittingismoking; if can send a trained faci!itatorto your company to !ead a stop smoking group. The following are some of the groups which offer such assistance: AMERiCAN LUNG ASSOCIATION 1469 Park Ave: San Jose, CA 95126 (408) 998-5864 AtWIERICA?if'CANCER SOCIETY 1537 Parkmoor Ave. San Jose, CA 95159 (408) 287-59Y3 I CALIFORNIANSI FOR tiIONSMOKERS' RIGHTS 2054 University Ave. Berke!ey, CA 94704 (415) 841-3032 This brochure was preparedlby the City of San Jose Department of'Neighborhood Preservation, Code Comp!iance Division; in cooperation with the American Lung Assoctatlon 1

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