HomeMy WebLinkAboutord1989-018NOSMOKE.ord
revised 3/2
INTRODUCED BY: Consent
PROPOSED BY: Executive
DATE: 1 -19 -89
ORDINANCE NO. 89 -18
AN ORDINANCE ESTABLISHING A POLICY REGARDING
SMOKING IN THE WORK PLACE FOR WHATCOM
COUNTY GOVERNMENT AND ADOPTING CHAPTER , O (,
OF THE WHATCOM COUNTY CODE
WHEREAS, the Whatcom County Council passed Ordinance 88 -96 adopting
the 1989 budget with proviso (1), which designates County Courthouse and any
buildings owned by or rented for the use of the County to be no smoking areas;
and
WHEREAS, authoritative experts including the U.S. Surgeon General
and the National Academy of Sciences have concluded that nonsmokers may incur
considerable health risk from the inhalation of cigarette smoke generated by
smokers; and
WHEREAS, tobacco smoke coming off the burning end of a cigarette
(side stream smoke) contains various substances which are irritants, such as
ammonia formaldehyde and acroleln, toxic gases such as carbon monoxide and
hydrogen cyanide as well as numerous carcinogenic and mutagenic compounds; and
WHEREAS, Whatcom County is dedicated to protecting the public and
its employees from the adverse health risks of active and passive tobacco smoke
inhalation in County facilities;
NOW, THEREFORE BE IT ORDAINED the following is adopted as Chapter
of the Whatcom County Code:
Whatcom County is dedicated to providing a healthful and productive work
environment for all County employees and the public visiting or conducting
business in County faci I ities. This ordinance is enacted in response to the
growing medical and scientific evidence of the detrimental effects of active and
passive smoking on personal health and work performance. Its purpose is not to
infringe upon the personal right and decision of any employee or member of the
public to smoke. Rather, it is intended to provide a smoke -free environment for
employees and the publ is who do not wish to be affected by the minority of
employees and public who do smoke.
Section 2 - Definitions
When using this chapter, the definitions in this section shall apply:
(1) "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.
(2) "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 Whatcom County
while conducting County business, which are owned, rented or leased
by the County for county governmental purposes.
(3) "Common Areas" means that area used in common by employes and /or
the public and 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, conference rooms, stairways,
elevators, hallways and restrooms.
(4) "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.
(5) "County Facility" means any building or enclosed facility owned,
leased, rented or operated by Whatcom County for county governmental
purposes, that is frequented by the public or represents the work
station for County employees.
(6) "Automobile" means all cars, trucks, pickups or other
equipment /vehicles which contain an enclosed operating area.
(1) Smoking is prohibited 24 hours a day, every day, in all County
buildings, enclosed work and common areas, facilities and
automobiles.
(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 the outdoor areas, shall be responsible for the proper
maintenance and /or removal of all smoking debris.
M M L IM. .
The County's no smoking ordinance shall apply to all enclosed work and common
areas, whether in an enclosed individual or shared office space, including
automobiles, and shall apply to all persons who visit enclosed work and common
areas, including all officers, employees, contractors or visitors during all
hours and days of the year.
Mm 3 . 1 - .
(1) Any officer or employee of the County who finds that the County's
smoking ordinance creates a unique situation with an adverse impact
on the employee(s) while in his /her usual place of work, may submit
an exception request to his /her department head or a +eeted- effi�i-af-�
(or to the County Executive for department heads). who shall submit
the request, along with the department head's or a +ee +ed - f- f- a +ai-' -a
�- County Executive's recommendation to the County Council. Ib@
exception request wlII be 91ven a hearing before the County Council
in a manner it deems appropriate. The Council's decision regarding
the exception request will be final.
(2) Any County owned building or facility leased, rented or otherwise
made ava i I ab I e by the Coun ty for act i v i t i es or purposes not d i rect I y
managed or controlled by the County shall be exempt from +h +e ±bg
County's policy. To allow smok Ina or not in those buildings or
facilities will be a policy decision of the management of each
building or facillty.
(3) Any long term care facility owned and operated by the County shall
prov i de a des i gn ated smok i n g area for the res l den is of the f ac i I i ty,
ensuring that other residents are not adversely affected by the
smoke.
(1) Discipline shall be imposed on any County officers or employees
violating the County's smoking ordinance in accordance with the
appiicabie personnel policies and procedures. The primary objective
of discipline with regard to the County's smoking ordinance in the
work environment shall be to correct behavior in violation of said
policy, not to punish or penalize employees who smoke.
(2) The County will continue to sponsor smoking cessation classes for
a minimum of one (1) year after the effective date of this ordinance
for those employees and officers who smoke and wish to quit.
K-740NEWEIRMT-W. 72105
(1) If any provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of the ordinance or
application of the provision to other persons or circumstances shall
not be affected.
ADOPTED this 2nd day of March, 1989.
ATTEST:
l
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY;IN
-Vona ld G. �a
( -") APPROVED
sey,f Chalrman
( ) VETOED
Shirley Van anten, ecutive
Ma 0-C4 3, 191q