Chapter 8.14
SMOKING IN THE COUNTY WORKPLACE
Sections:
8.14.010 Findings.
A. Authoritative experts including the U.S. Surgeon General and the National Academy of Sciences have concluded that nonsmokers may incur health risks from the inhalation of cigarette smoke. According to the National Academy of Sciences, “public policy should clearly articulate that involuntary exposure to tobacco smoke has adverse health effects and ought to be minimized or avoided wherever possible.”
B. Tobacco smoke coming off the burning end of a cigarette (side-stream smoke) contains various substances which are irritants. Side-stream smoke is produced 94 percent of the total smoking time. Studies have shown some association between passive smoking and a broad variety of health problems. Breathing smoke in the workplace can cause irritations of the eyes and nasal passages, headaches, coughing and respiratory problems of affected individuals.
C. For employees with pre-existing health conditions, passive smoking may impair their ability to work.
D. Due to the nature of the county’s air ventilation systems it is not possible to treat the conditions of each work area separately in isolation from its potential effects on other workers.
E. Additional scientific studies regarding the comprehensive health problems from passive smoke in the workplace are still necessary, however, based on available data it is reasonable for the county to implement policies dealing with tobacco smoke in county facilities.
F. The commissioners find the provisions of this chapter are a responsible and necessary action to protect the public health and the health of its employees.
G. The county’s insurance carrier, Medical Service Corporation, provides a benefit for persons who wish to quit smoking. The benefit provides one 90-day series of either Nicoderm Patches or Nicorect Gum per lifetime. (Ord. 93-2 § 1, 1993).
8.14.020 Definitions.
As used herein:
A. “Common areas” means that area enclosed by a roof and walls in facilities which are owned, leased or rented by the county including, but not limited to, employee lounges, lunchrooms, stairways, elevators and restrooms.
B. “Enclosed work area” means that area closed in by a roof and walls with at least one opening for ingress and egress, with the intended use primarily for and by officers and employees of Okanogan County while conducting county business in facilities which are owned, leased or rented by Okanogan County.
C. “Smoking” means and includes inhaling, exhaling or carrying any burning tobacco or other plant matter including, but not limited to, cigarettes, cigars or pipes. (Ord. 93-2 § 2, 1993).
8.14.030 Policy.
Smoking is prohibited in all county enclosed work and common areas, whether in enclosed individual or shared office spaces, and shall include all county vehicles, and shall apply to all persons who visit enclosed work and common areas, including all officers, employees, contractors or visitors during all hours and all days of the year. This prohibition shall become effective on January 1, 1994.
A. Exceptions.
1. Smoking may be allowed in county vehicles when the operator is the only one in the vehicle. Each appointed and elected official shall have the latitude of making this subsection more restrictive;
2. An enclosed work area that is presently being utilized as a designated smoking area. Such space shall be completely enclosed and shall meet such mechanical conditions as set forth by the Uniform Mechanical Code to provide a minimum of five air changes per hour. The room shall maintain a negative pressure at all times so that noxious fumes and smoke cannot escape to other parts of the building. Offices open to the public, restrooms, break rooms and rooms used by both smokers and nonsmokers shall not be used as designated smoking areas. Rooms may not be used part-time for smoking and part-time for nonsmoking.
B. Interim Exceptions.
1. Should bargaining unit representatives object to this chapter, they shall immediately notify the county, in writing, stating their objections. Thereafter, the parties shall engage in collective bargaining regarding the subject matter of this chapter; provided, however, such collective bargaining must reach a conclusion on or before March 1, 1994. No exception to this chapter will be authorized where such exception results in exposing employees to unwelcome tobacco smoke in common or enclosed work areas.
2. Nonrepresented officers and employees will have a 60-day time period from the effective date of this chapter in order to phase in compliance with the terms and conditions of this chapter. No exceptions will be authorized which result in the exposure of employees to unwelcome tobacco smoke in common or enclosed work areas.
C. Expiration of Exceptions. The preceding exceptions shall expire on January 1, 1995. (Res. 77-2000, 2000; Ord. 93-2 § 3, 1993).
8.14.040 Compliance.
Enforcement shall be the responsibility of the elected county officials and department heads ultimately responsible for the conduct of county employees, within the respective executive, legislative and judicial branches of Okanogan County government. Violation of this chapter shall constitute grounds for disciplinary action up to and including discharge. Discharge would be applicable when an employee has repeatedly violated the provisions of this chapter and has been counseled by his/her supervisor regarding such violations. Bargaining unit employees will be disciplined in accordance with the collective bargaining agreements; provided, however, under no circumstances shall a violation of this chapter constitute a basis for suspension or discharge if such violation occurs within the first 60 days after the effective date of this chapter. Thereafter, disciplinary actions shall be administered either in accordance with the collective bargaining agreement provisions and/or personnel policies. (Ord. 93-2 § 4, 1993).