Smoke Free Environment
The term smoke free environment is sometimes used indiscriminately to discuss both 100 percent smoke free areas as well as segregated and ventilated areas. A truly smoke free environment in a business is one in which no smoking is allowed within any company building or vehicle. Depending on the company, smoking may be permitted in certain outdoor areas designated for that purpose. In other companies, the smoke free policy prohibits smoking on any company property. Employees who smoke must abstain from smoking while at work or must leave company grounds to smoke. Other companies allow smoking in special rooms or areas dedicated to that purpose. For smoking areas within the building, a special and separate ventilation system must be installed in order to prevent smoke from leaking into other areas of the structure.
The concept of creating a smoke free workplace has gained many supporters over the last decades. As reported by the American Lung Association, a recent Gallup poll showed that 95 percent of Americans, smokers and non-smokers, believe companies should either ban smoking totally in the workplace or restrict it to separately ventilated areas. In a Centers for Disease Control (CDC) study published in JAMA, the number of respondents reporting that smoking was not allowed in public or work areas at their companies increased from 46.5 percent in 1992—93 to 63.7 percent in 1995—96. The CDC also noted that in 1999, 43 states and the District of Columbia had laws restricting smoking in governmental work areas. Eleven of these states completely prohibited smoking in these areas. Yet the CDC also noted that only one state (Utah) had achieved a CDC national health objective (under the Healthy People 2000 program) of reducing the prevalence of adult cigarette smoking to 15 percent or less. A more recent CDC study reported on in the American News Wire underscored the strong momentum across the country to pass comprehensive smoke-free workplace laws to protect everyone from secondhand smoke. But the study also shows that there is much further to go. At the end of 2004, 16 states still had no laws restricting workplace smoking, and many other states did not have comprehensive laws that cover all indoor workplaces, including restaurants and bars.
The CDC has established a series of national public health goals that it works to see met by the year 2010. With regard to smoking issues they are focused extensively on reducing the number of nonsmokers exposed to environmental smoke. There are specific objectives to increase the number of work sites that have smoking restrictions, and to address ETS in more restrictive clean indoor air laws. According to the CDC, the existence of smoke free work environments will increase the likelihood that affected employees will either reduce or eliminate cigarette use.
DEVELOPING AND IMPLEMENTING A SMOKE FREE WORK ENVIRONMENT
In addition to its impact on employee health and welfare, there are a number of costs associated with smoking. According to Lin Grensing-Pophal in HR Magazine, expenditures in the United States related to smoking equal roughly $72 billion every year. These include property loss from fires started by smoking products (over $500 million), work productivity loss ($40 billion), and the costs of additional tobacco-related cleaning and maintenance ($4 billion).
Despite the many reasons to help reduce the incidence of employee smoking, the implementation of a smoke free workplace policy needs to be considered carefully. Between the 1960s and the 1990s, the number of smokers in the U.S. dropped steadily. However, the number leveled off during the 1990s, despite increased numbers of smoke free work sites. Smokers have rights too, as has been proven by litigation attempts. Human resources director Arthur Friedson, quoted in HR Magazine, stated that developing a smoke free policy rooted in "the basic respect of one co-worker to another" can be most successful, from both an ethical and a legal standpoint.
Prior to establishing a smoke free policy, a company should investigate any existing local and state laws on smoking. Despite highly publicized trials and settlements between the federal government and tobacco companies, there is no federal oversight with respect to the institution of a smoke free environment. HR Magazine quotes a figure of over 560 local governments which have enacted ordinances dealing with the rights of nonsmokers. These tend to be stricter than state laws and generally address smoking in public areas such as restaurants, grocery stores, and malls.
On the other side, a careful review of Occupational Safety and Health Administration (OSHA) regulations, protections under the Americans with Disabilities Act (ADA), and state and local law with regards to the rights of smokers and nonsmokers is also warranted. Litigation in which a smoker claims that his or her addiction to tobacco is a disability covered by state and federal laws has occurred with more frequency, although not usually successfully. However, given that any litigation, successful or not, is an enormous burden both financially and emotionally for a small business, it is important to proceed carefully. Work closely with your lawyer to determine applicable laws and regulations.
It may also be helpful to determine how many other businesses in your area are addressing the issue of smoking in the workplace. This can serve as support for your own policies in the case of litigation. You can also get a good idea of what has been successful in other organizations in order to establish a smoke free environment of your own. Other sources for ideas on how to develop or update a nonsmoking policy include a report published by the CDC, Best Practices for Comprehensive Tobacco Control Programs, as well as organizations such as the American Cancer Society.
The most important factor in creating a smoke free business environment is having a solid understanding of the workforce. By factoring in the needs of each employee segment, smokers and nonsmokers, and achieving some "buy-in," a small business can reduce or avoid problems down the road. From the very beginning, the involvement of individual employees (again, smokers and nonsmokers alike) in the development of a nonsmoking policy is crucial. Be supportive of employee efforts to stop smoking as well. Many businesses have found the investment in or reimbursement for smoking cessation programs and tools to be money well spent. Some companies even provide a monetary award to successful quitters.
