Q:
Working in smoke. I work in situation where smoking is allowed
-- I hate it! What can be done to stop it??? No one seems to mind
but me!
If you work in NY state then there are no workplaces
where smoking is allowed. If this is the case you should speak to
your supervisor, or file a complaint with the county health department
where the workplace is located.
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Q:
Where the ashtrays are. While visiting a public facility
very early this morning I entered the customer area and was offended
to find two employees smoking immediately outside the doorway. When
I asked about this activity, they responded that there was an ashtray
there and they assumed it was OK. Question, Is it???
NY's Clean Indoor Air Act prohibits smoking in all indoor
areas of worksites and public places. Only in the case of food service
establishments are non-indoor areas addressed (in that case, outdoor
seating areas which are defined as having any of various descriptions
of overhead coverings.)
Building entryways are not included in the smoking ban,
except if fully enclosed (and therefore "indoors.") In situations
such as the one you described here, your best recourse is to speak
to the person "in charge of the area," i.e., the management.
You could suggest that a policy be established that smoking will not
be permitted within a certain distance of the entryways. This type
of provision is becoming more common; Tompkins County examples include
the hospital and the county's Human Services Building.
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Q:
Smoking defined. Since the law defines Smoking as "the
burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco" - Is it legal to sell and /
or use herbal, ie non-tobacco based, smoking products like herbal
cigarettes in bars?
With regard to sales of "herbal cigarettes"
and similar products, I am not knowledgable about that issue. However,
with regard to smoking in public and work places, the CIAA only regulates
the presence of secondhand (environmental) tobacco smoke which, based
on years of scientific research, is a known cause of cancer, heart
disease, and other chronic and life threatening conditions.
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Q: No employees?
I find it disturbing that there is smoking going on in a
local establishment. I was informed that it was legal to smoke there
due to the fact that there are no employees there. However, reading
the letter of the law, this is simply not true. They serve alcohol
in there, they have children in there and they DO have employees in
there. Not to mention, we finally thought it was safe to go in the
local businesses and not be faced with asthma attacks, only to be
told that this law isn't enforcable. Why have the law if you refuse
to enforce it?
Businesses without employees are not exempt from New York's expanded Clean Indoor Air Act. Smoking is not permitted in any business or public place, even if that business claims to have no employees.
Regarding compliance with the law, enforcement is
executed solely through complaints from the public. Anyone may file
a complaint with the designated enforcement agency for the county
in which the violation is occuring.
In Tompkins County the enforcement agency is the county
Health Department's Environmental
Health Division. Call (607) 274-6688 and specify that you are
calling to file a complaint. For health department contacts in other
counties, visit www.nysacho.org/Directory/directory.html
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Q: Is our club governed
by this law? The only person that gets paid direcly is the cleaning
lady. We serve food and soda at meetings and at functions open to the public
that we charge a fee for them to participate.
Because you have a paid cleaning person, this is a workplace
covered under the law. If cleaning is done by a member or members of the club
for no compensation of any kind (including free membership, use of the facilities,
meals, etc), then your club would be exempt from the law during times it is
not open to the public.
When you have an event open to the public, the facility must
be smoke-free.
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Q: Smoking
in company vehicles. We [are based in another state and] have a number
of locations in NY that we know this expanded law will be applicable too,
but what abount vehicles that are licensed outside NY and are traveling into
the state. Does the law apply to these drivers?
The vehicle is considered a workplace subject to the CIAA [Clean
Indoor Air Act] when it is operating in NYS. It does not matter where it is
registered.
Residents of NYS may file a complaint with their local health
department (based on their county of residence) about smoking that occurs
while the vehicle is in NYS. That health department will contact the company
regarding the NY law.
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Q:
Smoking in vol fire halls. How will the new smoking laws apply to
Volunteer Fire Departments?
If the fire hall has any workers who receive compensation of
any kind, then the fire hall must be smoke free. Compensation includes money,
free membership dues, free drinks in exchange for services, etc. Insurance
covering fire fighters engaged in training or active duty is not considered
compensation.
If the fire hall has no employees receiving compensation of any
kind, then it is considered a membership club. Membership clubs may allow
smoking as long as the public is not invited for an event.
If an event open to the public is held at the fire hall, then
the event must be smoke free. In these cases, "public" means "non-members."
As such, even when the facility is rented for a "private party"
(i.e., not "open to the public") the hall must be smoke-free. The
Fire Company, Department or Association is responsible for assuring compliance
unless someone else (e.g., the renter) is designated as being responsible.
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Q:
Does the new law prohibit smoking near main entances of a workplace?
At my place of employment, the smokers all huddle in the little alcove
area of the employee entrance, especially during inclement weather.
This area is only about 6 ft x 3 ft. and we all must walk through
the second hand smoke every morning and every lunch break if you want
to leave the building.
All restrictions in the law, with the exception of restaurants,
pertain to indoor areas. In the case of restaurants with outdoor
seating areas (no ceiling or cover,) smoking is permitted in no
more than 25% of the outdoor area.
However, many individual workplace smoking policies also
restrict where outdoor smoking on company grounds is permitted. Owners
of commercial buildings with leased space may also set policies for
smoking outside the building.
Under the original (1989) Clean Indoor Air Act, workplaces
were required to have written smoking policies. Often, those policies
specifically designate an outdoor smoking area away from the main
entrance (for customers or employees.) Others may designate no smoking
within 50ft of an entrance or building. Click
here to see sample policies.
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*NOTE: The answers
posted here refer to general or hypothetical circumstances as they may occur
in Tompkins County and are to be used for reference purposes only. All complaints
regarding alleged violations of the CIAA will be handled on a case-specific
basis. Individuals outside of Tompkins County should also consult their local
enforcement officer.
If you smoke and want to quit, or know someone who wants to quit call the
New York State Smokers’ Quit Line at 1-866-NY-QUITS (1-866-697-8487)
for free helpful information, or visit www.nysmokefree.com.
