Loading...
HomeMy Public PortalAboutResolution #2008-11, A Resolution Establishing A No-Smoking Area At City Hall And The Adjacent Grounds Pursuant To The Iowa Smokefree Air Act RESOLUTION#2008- 11 A RESOLUTION ESTABLISHING A NO-SMOKING AREA AT CITY HALL AND THE ADJACENT GROUNDS PURSUANT TO THE IOWA SMOKEFREE AIR ACT WHEREAS,the Iowa Smokefree Air Act(the "Act"),which prohibits smoking in public places, places of employment, and certain outdoor areas, takes effect on July 1, 2008; and WHEREAS,the purpose of the Act is to protect the public's health and the health of employees from the dangers of exposure to secondhand smoke; and WHEREAS,to facilitate this purpose,the Act imposes a series of obligations on employers and owners or operators of areas in which smoking is prohibited; and WHEREAS,the City of Riverdale ("Riverdale")recognizes that, as a public employer and owner of a public building, it has certain obligations under the Act. NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Riverdale, Iowa, that smoking is prohibited in any part of the Riverdale City Hall and the grounds used in connection with City Hall, including but not limited to all sidewalks adjacent to the building and all sitting and standing areas; and RESOLVED FURTHER,that the Mayor and City Clerk are directed and authorized to post the appropriate signs and take all other actions necessary or convenient to achieve full compliance with the Act; and RESOLVED FURTHER, that the Mayor and City Clerk are severally authorized to incur such expenses associated with the designation of the no-smoking area and compliance with the Act subject to City Council review and approval, and the Mayor and City Clerk shall properly account for all such expenditures and issue a memorandum to the City Council at the following regular meeting detailing the purpose and amount of all such expenditures. This Resolution shall take immediate effect. PASSED,APPROVED AND ADOPTED THIS 17th day of June, 2008. Ayes: Nays: Absent: Channon Franklin Hupp Littrel Halsey 4&:11 "L.ro� 'p . 7-, or ATTEST: Tsa Ralfs, City CE IOWA SMOKE-FREE AIR ACT—EXECUTIVE SUMMARY FOR EMPLOYERS PREPARED BY STANLEY,LANDE&HUNTER—JUNE 2008 1. PURPOSE. The Iowa Smokefree Air Act,which prohibits smoking in public places,places of employment, and certain outdoor areas, takes effect on July 1, 2008. The Act and the proposed rules impose a series of specific obligations on employers to help carry out the Act's purpose of protecting the health of the public and employees. The Iowa Department of Public Health ("IDPH") is in the process of finalizing Administrative Rules to provide guidance on compliance with the Act. 2. NO-SMOKING AREAS. Smoking is prohibited in all enclosed public places and workplaces, certain outdoor areas, and even some private homes and common areas of apartment buildings. A. Outdoor areas include: sports arenas and stadiums; amphitheaters; designated seating areas of outdoor festivals and entertainment venues; outdoor seating and serving areas of restaurants; public transportation stations, platforms, and shelters; school grounds; and the grounds of public buildings under the control of a governmental body. The "grounds of public buildings" include any outdoor area that is used in connection with the building, including a sidewalk immediately adjacent to the building, a patio or deck, a courtyard, swimming pool, beach or other outdoor area otherwise designated as nonsmoking. B. Public places and places of employment include restaurants, bars, public and private educational facilities, factories,warehouses, office buildings, shopping malls. `Enclosed areas" include work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, restrooms, elevators, stairways and stairwells, and vehicles owned, leased or provided by an employer. C. Additionally, smoking is not allowed in private residences that are used as health-care or child-care facilities, or in the enclosed common areas of apartment buildings, including reception areas, lobbies, hallways, laundry rooms,elevators, stairways, stairwells, and other areas to which the public is invited or permitted. 3. SMOKING AREAS. There are some specific public places where smoking is allowed under the Act, including up to 20 percent of the rooms in a hotel or motel; retail tobacco stores (where at least 80 percent of the gross revenues come from the sale of tobacco products and accessories), private clubs that have no employees, most outdoor areas of employment, limousines under private hire, private vehicles, farm tractors,and the gaming floor of casinos. Smoking is also allowed in: private residences that do not serve as child-care or health-care facilities; unenclosed outdoor patio areas of bars (which are establishments were the serving of food is "incidental" to the consumption of alcohol and no food is prepared on site); the Iowa State Fairgrounds, the Iowa Veteran's Home, the facilities of the Iowa National Guard; public campgrounds, public lakes; and golf courses that are not otherwise designated as non-smoking by the owner. 4. EMPLOYER AND BUSINESS OWNER RESPONSIBILITIES. The Act imposes a series of specific obligations on employers and business owners. A. Signs. No-smoking signs must be clearly and conspicuously posted at every entrance to the place of employment, as well as entrances to any outdoor areas where smoking is not allowed. For multi-employer buildings, the owner or operator of the building must post signs in every area of the building or facility under the owner or operator's control. Each individual employer within the building must post signs in each required area under that employer's control. The proposed Administrative Rules give little guidance as to what is "clear and conspicuous" posting. It is clear that the owner or manager of a large office building is responsible for posting at all common entrances, and individual business owners within the building are responsible for posting at all entrances to the areas under their control. However, the proposed rules do not address who is responsible for posting at common interior entrances where, for example, two businesses share one reception area. Because the Act and the proposed rules are vague on what employers must do to comply with the posting requirements, employers should be as diligent as possible in ascertaining each and every possible entrance under their control—even if those entrances are shared with other employers—to ensure the required signs are posted clearly and conspicuously. Where questions arise,error on the side of over-posting. The signs must clearly display three items: (1) the international no-smoking symbol; or the words "No Smoking;" (2) the Smokefree Air Act Web site, www.lowaSmokeFreeAir.gov; and (3) the Smokefree Air Act Helpline, 1-888-944-2247, which will be active on June 15. Signs are required to be at least 24 square inches and the type must be in a legible font. Sample signs can be downloaded from www.lowaSmokefreeAir.gov. A sample sign is enclosed with this Summary. B. Inform. Employers must inform all of its current employees and all applicants about the Act's requirements. Because neither the Act nor the proposed rules establish a certain method of informing employees and applicants, employers should use reasonable means to inform employees about the Act, up to and including whatever communication the employer would normally use to inform employees about any new rule. This may include sending an e-mail summary or an internal memorandum, posting information on-site, or holding a company meeting. To inform applicants, employers could include a provision in the written application or notify applicants at the interview. Regardless, all employers should thoroughly document their notification and education efforts to demonstrate compliance with this requirement. The Act also prohibits employers from retaliating against any employee, applicant, or customer that registers a complaint under the Act. C. Remove ashtrays. Employers must remove all ashtrays from areas where smoking is prohibited under the Act. D. Monitor and Report. Employers must inform any person who is smoking in a no-smoking area that he or she is violating the Act and request the individual to stop smoking immediately. If the individual is a customer who refuses to stop smoking,the employer should discontinue service to the customer and may ask him or her to leave the no-smoking area. If the individual refuses to leave, the employer may notify the state or local law enforcement agency. If the individual is an employee who is smoking in the workplace in violation of the Act, employers should review their company policy before taking disciplinary action. To this end, we recommend that employers adopt a company no-smoking policy or amend their current policy to comply with the Act. In adopting or amending the policy, employers should consider what level of discipline will be applied to individuals who violate the Act. Note that the Act does not require employers to ask an individual to leave a no-smoking area, so employers may default to their company disciplinary policy and remain in compliance with the Act. E. Designated Smoking Areas. The Act does not require employers to provide a designated smoking area for employees. Employers may permit employees to smoke in outdoor areas that are not otherwise required to be smoke-free by the Act. F. Government leases. Any lease entered into by a governmental body on or after July 1, 2008, must include a provision requiring compliance with the Act. 5. REPORTING AND ENFORCEMENT. IDPH will maintain a system for receiving and investigating complaints. IDPH may refer complaints to designated law enforcement authorities. Complaints may be reported on the Smokefree Air Act Web site, www.IowaSmokefreeAir.gov, via the Smokefree Air Act hotline, 1-888-944-2247, or by mail to the Iowa Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319-0075. A complaint must include: (1)the name and contact information of the person making the complaint; (2) the name or location of the no-smoking area that is the subject of the complaint; (3)a description of the occurrence that prompted the complaint; and(4) other relevant information. Upon receipt of a complaint, IDPH will contact the individual who filed the complaint to further investigate the details of the complaint. Once it determines that a complaint is credible, IDPH will issue a"Notice of Violation" to the owner of the facility or the employer about the complaint. The Notice will inform the business owner about the violation, provide information regarding compliance with the Act, and list contacts for further information and assistance. If IDPH receives a second verified complaint regarding the same facility or employer within 12 months, IDPH will issue a second Notice of Violation and will coordinate a compliance check by a law enforcement official. The official may issue a citation based upon the results of the compliance check. For subsequent complaints within one year, IDPH will issue subsequent Notices of Violation and additional compliance checks. A person who smokes in a no-smoking area may receive a citation and a civil fine of$50. A business that violate the Act may receive a civil fine of$100 for a first offense, up to $200 for a second offense within the same year, and up to$500 for the third and subsequent offenses within the same year U CID l—Q 1 Q am a 2 ,..,.,.4 0.,...N U L y.. a) O he E — > O O v am co az .E Q CD o cc cu C i w E a; O -v }, C. O 0 M 0 co E t O co y 3 2 Cn L i 3 = 3 O ,,_, c •y •O 3. co L O _ E r. O gi c CV O Cr ICP O , E co co O Co U. l s JOAN U.AXEL STANLEY, LAN D E & HUNTER ROGER L.LANDS CHARLES R.COULTER A PROFESSIONAL CORPORATION THOMAS 0.LINDBURG JEAN E.DRAGON' OF COUNSEL PATRICK W.DRISCOLL TIARR D.FRIDLEY* ATTORNEYS AND COUNSELORS STEVEN J.HAVERCAMP* STEVEN T.HUNTER 301 IOWA AVENUE ERIC M.KNOERNSCHILD 900 U.S.BANK CENTER SUITE 400 DANIEL P.KRESOWIK* 201 WEST SECOND MUSCATINE,IOWA 52761 JOHN A.KUHL* DAVENPORT,IOWA 52801 FAX 563/263-8775 563/264-5000 ROBERT L.LANDS 563/264-5000 DAVID J.MELOY WWW.SLHLAW.COM 115 WEST 4"STREET KENZA B.NELSON P.O.BOX 481 CURT A.OPPEL WILTON,IOWA 52778 HUBERT J.PRIES' PHONE 563/324-1000 FAX 563/326-6266 563/732-4000 ANGELA N.REIER* 2008 WEND L.WEISKIRCHER June 16, 2000 'ALSO ADMITTED IN ILLINOIS Writer's e-mail address: areier(dJslhlaw.coin Mayor Jeff Grindle Riverdale City Hall P.O. Box 364 Bettendorf, IA 52722 Dear Mayor Grindle: RE: IOWA SMOKEFREE AIR ACT As you may know, the Iowa Smokefree Air Act, which prohibits smoking in public places, places of employment, and certain outdoor areas, takes effect on July 1, 2008. The purpose of the Act is to protect the public's health and the health of employees from the dangers of exposure to secondhand smoke. To facilitate this goal, the Act imposes a series of requirements on employers— including public employers. We enclose a summary of the Act and the proposed administrative rules that we prepared in anticipation of the statewide smoking ban. Please note that, at a minimum,Riverdale is responsible for: (1) informing all employees and applicants about the requirements of the Act; (2)removing all ashtrays (if any) from the no-smoking areas; (3)posting the required signs at all entrances to City Hall; and (4)monitoring the no-smoking areas under your control and requesting any person who violates the Act to stop smoking and, at the City's option,to leave the area. These requirements are more specifically explained in the enclosed summary. Also,please note that there are additional requirements on governmental bodies. First, any lease that the City may enter into on or after July 1, 2008, must include a provision requiring compliance with the Act. Second,the Act extends the no-smoking areas to the grounds of any public building, which means any outdoor area that is used in connection with the building. We also enclose: (1) a sample no-smoking sign, which must be clearly and conspicuously posted at every entrance to City Hall and any other building owned or operated by the City; and (2) a resolution to designate City Hall and the surrounding grounds as a no-smoking zone in compliance with the Act. • t Mayor Jeff Grindle June 16, 2008 Please review the enclosed materials and call with any questions. Very truly yours, STANLEY, LANDE& HUNTER By L�� .� . ''� `"� Angela 1. Reier D2046-7 ANR/wlw Encs. 2