Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 9, 1 September 1987 — Smoking in Workplace Bill Now Law [ARTICLE]

Smoking in Workplace Bill Now Law

Senate Bill 350, Relating to Smoking in the Workplaee, has been signed into law by Governor John David Waihee III. A memorandum issued by Director of Health Dr. John C. Lewin mandates all state and county agencies to adopt, implement and maintain a written policy regarding smoking in their department or agency by Sept. 22. It also designates the Department of Health as the enforcer of the new law.

According to the final Conference Committee Report, the purpose of the bill is to protect the rights of non-smokers and is not intended to create any right to smoke or to impair or alter the government's prerogative to prohibit smoking in government work places. A summary of the new law issued by Lewin notes the following provisions:

• Signs must be posted conspicuously in affected areas. * ,•> - % • • .• . - 7' • If a non-smoker objects, employer will try to resolve the conflict without expenditures or structural changes. • If this fails, the majority of personnel in the affected office or area will vote. If non-smokers lose, they ean appeal to the Director of Health if the majority of them

wish. • "Employee" is defined as one working more than 20 hours a week. Those working less cannot vote. • Covered areas include those "enclosed" (areas with a roof and four walls). Lobbies are not considered "enclosed" although an agency is free to include them if it chooses. Open work areas are considered "enclosed" by the walls of the building. • Elevators, conference and meeting rooms are already included under state law.

• Restaurants, if open to the public and seating over 50 people, are also covered by the new law. No-smoking sections must be provided. Exempt areas are: • Properties "owned or leased" by the Federal Government. • Private offices occupied exclusively by smokers, unless smoking is already prohibited by other laws such as fire regulations, etc. There are penalties and enforcement procedures stipulated n the law. Direct all questions to Dr. Kleona Rigney, chief of the Chronic Disease Branch.