Chapter 2.05
SMOKING IN COUNTY BUILDINGS
Sections:
2.05.010 Legislative findings.
2.05.020 Purpose.
2.05.030 Definitions.
2.05.040 Uniform smoking policy.
2.05.050 Applicability.
2.05.060 Revisions.
2.05.070 Exemptions.
2.05.080 Compliance.
2.05.090 Implementation.
2.05.100 Smoking allowed areas.
2.05.110 Conditional use designation.
2.05.010 Legislative findings.
The Lewis County board of commissioners makes the following findings:
(1) Extensive medical and scientific research confirms that tobacco smoke is harmful to smokers and nonsmokers alike, causing eye, nose, throat and head irritations, aggravating lung and heart diseases, including emphysema, and is linked to various types of cancers; and
(2) Extensive medical and scientific research concludes that carbon monoxide levels in rooms where smoking occurs often exceed maximum permissible safety levels, and that other hazardous compounds are contributed to the environment by tobacco smoke, including but not limited to tar, nicotine, cadmium, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide and arsenic, adversely affecting smokers and nonsmokers alike in their general health and specific job performances; and
(3) Extensive research shows that smoking in the work place causes loss in employee productivity, increases in employee accident rates and absenteeism, increases in employer medical costs, greater threats of fire damage, and other detriments to both public and private property; and
(4) Recent court decisions and legal actions show an increasing trend to hold employers liable for personal injuries, disabilities or other job-related ailments suffered by employees as a result of tobacco smoke in the work place; and
(5) The Washington State Legislature has recognized the increasing evidence posed by tobacco smoke in the work place and has therefore enacted the Washington Clean Indoor Air Act, codified in Chapter 70.160 RCW; and
(6) It is necessary to limit smoking locations in order to protect county employees and the public from the health and property hazards created by tobacco smoke. [Ord. 1157, 1998; Ord. 1113 § 1, 1991]
2.05.020 Purpose.
(1) Lewis County is dedicated to providing a healthy and productive work environment for all county employees and the public visiting or conducting business in county facilities.
(2) This chapter is in response to the growing medical and scientific evidence of the detrimental effects of smoking on personal health and work performance, in response to the strong desire of many county employees to work in a smoke-free environment, and in response to public law relating to smoking in public facilities.
(3) It is not the intention of this chapter to infringe upon the personal right and decision of any person to smoke. Rather, this chapter is intended to provide a smoke-free environment for nonsmokers who wish not to be affected by those individuals who do smoke. [Ord. 1157, 1998; Ord. 1113 § 2, 1991]
2.05.030 Definitions.
(1) “County” means Lewis County.
(2) “Smoking” or “to smoke” means and includes inhaling, exhaling or carrying any burning tobacco or other plant matter, including but not limited to cigarettes, cigars, or pipes.
(3) “Work area” is an area in a county facility owned, leased or rented by the county intended primarily for use by officials and employees of the county while conducting county business.
(4) “Enclosed work area” means a work area enclosed by a ceiling and walls with an entry that may be closed and with a ventilation system separate from other work areas.
(5) “Common area” means that area enclosed by a ceiling and walls in a county facility including, but not limited to, employee lounges, lunchrooms, conference rooms, stairways, elevators, hallways, and restrooms.
(6) “Smoking debris” includes, but is not limited to cigarette or cigar butts, cigarette paper or products packaging tobacco, smoke, ash or any other residue resulting from smoking.
(7) “County facility” means any enclosed building, structure, or vehicle owned, leased, rented or operated by Lewis County.
(8) “Motor vehicle” means a car, truck, pickup or other equipment/vehicle which contains an enclosed operating area.
(9) “County personnel” means any elected, appointed official or department head of Lewis County, and all employees, volunteers, and reserves of Lewis County.
(10) “Assigned motor vehicle” means any motor vehicle set apart for a particular purpose and specifically designated for use by a particular county official or employee on an on-going basis. [Ord. 1157, 1998; Ord. 1113 § 3, 1991]
2.05.040 Uniform smoking policy.
(1) No person shall smoke in a common area or work area in a county facility, except where such area or facility has been designated and posted by the county as a smoking permitted area.
(2) Smoking is permitted in outdoor areas unless the smoke would be drawn into the work or common areas. All employees who elect to smoke in smoking permitted areas and outdoor areas shall be responsible for the appropriate maintenance and/or disposal of all smoking debris.
(3) Smoking is permitted in assigned vehicles. However, if passengers are in said vehicle, then subsection (1) shall apply, unless all the passengers are smokers.
(4) The board of county commissioners shall designate smoking permitted areas. They shall consider information and preferences provided by officials and employees. Addendum “A” codified as LCC 2.05.100 and 2.05.110 shall designate “Smoking Allowed Areas” and “Smoking Allowed/Conditional Use Designation Areas”. [Ord. 1157, 1998; Ord. 1113 § 4, 1991]
2.05.050 Applicability.
The chapter shall apply to all county officials and employees in county facilities and shall apply to all persons who visit county facilities, including contractors and the general public during all hours and days of the year. [Ord. 1157, 1998; Ord. 1113 §5, 1991]
2.05.060 Revisions.
(1) Any official or employee of the county who works in an enclosed work area and who believes that a designation of smoking or nonsmoking area creates a unique situation with an adverse impact on the employee while in his/her usual place of work, may submit a revision request to his/her department head or elected official, who shall submit the request, along with the department head’s or elected official’s recommendation, to the board of county commissioners. The revision request will be given a hearing before the board of county commissioners in a manner it deems appropriate.
(a) Prior to the hearing, all affected co-workers shall be given notice of the hearing.
(b) The board shall determine the feasibility of allowing the revision by balancing the purpose of this chapter and the health needs of persons affected by the revision with the needs of the elected official or employee making the request.
(2) The board’s decision shall be final. [Ord. 1157, 1998; Ord. 1113 § 6, 1991]
2.05.070 Exemptions.
(1) Any county-owned building or facility leased, rented or otherwise made available by the county solely for activities or purposes not directly managed or controlled by the county may be exempt from this chapter. Any smoking policy will be negotiated within the lease agreement. However, there will be no smoking in Lewis County senior centers regardless of use. Compliance with state and local laws regarding smoking, where applicable, is still required.
(2) Private living quarters provided by Lewis County to county personnel in the course of their employment are exempt from this chapter, unless used for public business. [Ord. 1157, 1998; Ord. 1113 § 7, 1991]
2.05.080 Compliance.
(1) “No Smoking” signs shall be placed at each entrance of all county facilities except the Pacific Avenue entrance and on dashboards of all county motor vehicles, except assigned motor vehicles.
(2) The primary objective of discipline with regard to this chapter in the work environment is to correct behavior in violation of said policy, not to punish or penalize employees who smoke. Employees who suffer from tobacco dependency may voluntarily undergo a rehabilitation program in the same manner, and under the same conditions, as the county provides for drug rehabilitation. The county shall provide information and resources on rehabilitation programs. However, county employees who violate this chapter may be subject to disciplinary action including, upon repeated violation, the sanction of a discharge.
(3) Whenever the county safety officer determines that a violation of this chapter has occurred, the safety officer may issue a notice of infraction under LCC 1.20.040 for a civil penalty of $25.00 for the first violation, $50.00 for the second violation and $100.00 for a third and all subsequent violations. [Ord. 1180 § 24, 2002; Ord. 1157, 1998; Ord. 1113 § 8, 1991]
2.05.090 Implementation.
(1) Notification. All county offices and departments shall post notification of the chapter on employee bulletin boards or other appropriate locations.
(2) Any penalty assessed and recovered under this chapter shall be paid to the treasurer and shall be transferred to the county current expense fund. [Ord. 1180 §24, 2002; Ord. 1157, 1998; Ord. 1113 § 10, 1991]
2.05.100 Smoking allowed areas.
The following areas have been designated by the board of county commissioners as “Smoking Allowed Areas” within the courthouse complexes:
(1) Kitchen on the fourth floor of the main courthouse (break room); employees only.
(2) Open-air vehicle sallyport, jail area; employees only.
(3) Department of public services, public works division shops; areas identified in memo from public services director to board of county commissioners, dated September 30, 1994, attached to the ordinance codified in this section and posted at each shop. [Ord. 1157, 1998; Ord. 1113-B, 1994; Ord. 1113-A, 1994; Ord. 1113 Addendum A, 1991]
2.05.110 Conditional use designation.
(1) The following areas will be “Smoking Allowed” with conditional use designation; which means that if there is a personnel change or a substantiated indication of a smoke inhalation problem to those within the sphere of the “Smoking Allowed” area, the affected area will be considered for “Smoke Free” designation. This will be the decision of the board of county commissioners and the board’s decision will be final.
(a) Packwood Senior Center “Smoking Room”.
(2) All areas not specifically designated “Smoking Allowed” or addressed in the smoking chapter, as amended, will be “Smoke Free.” [Ord. 1157, 1998; Ord. 1113-B, 1994; Ord. 1113-A, 1994; Ord. 1113 Addendum A, 1991]