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2011 Nebraska smoke free worksites

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Nebraska's smoke-free worksites law: a summary.

Nebraska's smoke-free worksites law: a summary.

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  • Smoke or smoking means the lighting of any cigarette, cigar, pipe, or other smoking material or the possession of any lighted cigarette, cigar, pipe, or other smoking material, regardless of its composition.\n
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2011 Nebraska smoke free worksites 2011 Nebraska smoke free worksites Presentation Transcript

  • The Clean Indoor Air Act of 2008:Nebraska’s Smoke-Free Air Law Smoke-Free Indoor Workplaces And Public Places
  • What does Nebraska’s smoke-free airlaw do?
  • What does Nebraska’s smoke-free airlaw do? Protects employees and the public from secondhand smoke.
  • What does Nebraska’s smoke-free airlaw do? Protects employees and the public from secondhand smoke. Prohibits smoking in indoor public places and workplaces.
  • What does Nebraska’s smoke-free airlaw do? Protects employees and the public from secondhand smoke. Prohibits smoking in indoor public places and workplaces. Went into effect Monday, June 1, 2009.
  • What is secondhand smoke?Secondhand smoke is the combination of smoke exhaled by a smoker and the smoke from a burning cigarette, pipe or cigar. This combination is dangerous for both the smoker and the nonsmoker.
  • Why is it dangerous? Nonsmokers who breathe the smoke from other people’s cigarettes can suffer serious illnesses as a result of their exposure.
  • Why is it dangerous? Secondhand smoke contains more than 4,000 chemicals; including 200 poisons, and 69 known and probable cancer-causing substances. Secondhand smoke has been classified by the U.S. Environmental Protection Agency (EPA) as a known cause of cancer in humans (Group A carcinogen), putting it in the same category as asbestos, benzene and radon.
  • What are some of the health effects ofsecondhand smoke?
  • What are some of the health effects ofsecondhand smoke? Increases risk of lung cancer and heart disease;
  • What are some of the health effects ofsecondhand smoke? Increases risk of lung cancer and heart disease; Triggers asthma attacks;
  • What are some of the health effects ofsecondhand smoke? Increases risk of lung cancer and heart disease; Triggers asthma attacks; Increases the risk of lower respiratory tract infections, such as bronchitis and pneumonia;
  • What are some of the health effects ofsecondhand smoke? Increases risk of lung cancer and heart disease; Triggers asthma attacks; Increases the risk of lower respiratory tract infections, such as bronchitis and pneumonia; Increases risk of ear infections.
  • Why is secondhand smoke hazardousto restaurant and bar workers? Studies have found that waitresses have higher rates of lung and heart disease than any other traditionally female occupational group. One shift in a smoky bar is equivalent to smoking 16 cigarettes a day.
  • What does the smoke-free air lawdo? The law eliminates smoking in enclosed indoor workspaces and indoor public places.
  • What does the smoke-free air lawdo? Indoor area includes, but is not limited to, any work area, employee breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. Lodging facilities may designate up to 20 percent of guest rooms as smoking. The remainder of indoor areas at lodging facilities must be smoke-free.
  • What places are not covered?
  • What places are not covered? Up to 20 percent of hotel rooms;
  • What places are not covered? Up to 20 percent of hotel rooms; Tobacco-only retailers defined as “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries or gasoline.;”
  • What places are not covered? Up to 20 percent of hotel rooms; Tobacco-only retailers defined as “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries or gasoline.;” Facilities researching the health effects of smoking; and
  • What places are not covered? Up to 20 percent of hotel rooms; Tobacco-only retailers defined as “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries or gasoline.;” Facilities researching the health effects of smoking; and Private residences, except when a residence is being used as a licensed child care program.
  • Special Note
  • Special Note Bars meeting certain criteria may make application to the Nebraska Liquor Control Commission to be considered cigar bars. Approved cigar bars could allow smoking of non-cigarette tobacco products beginning in September 2009.
  • What if my business is not on this list? The law eliminates smoking in enclosed indoor workspaces and indoor public places. The law lists those establishments noted in the previous slide as its only exceptions.
  • What about the outdoors?
  • What about the outdoors? The law does not address smoking outdoors at private worksites.
  • What about the outdoors? The law does not address smoking outdoors at private worksites. Individual businesses may choose to create smoke-free areas outdoors.
  • What about the outdoors? The law does not address smoking outdoors at private worksites. Individual businesses may choose to create smoke-free areas outdoors. Local communities may choose to create smoke-free environments near worksites and public places.
  • What about the outdoors?
  • What about the outdoors? Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than 20 percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.
  • What about local laws? Local smoke-free air laws remain on the books. Workplaces and public places made smoke-free by local laws that aren’t covered by state law will be required to be smoke-free by that local law. Local laws in some communities include provisions such as those that require that tobacco retailers be smoke-free; that smoking be prohibited near fireworks stands or at swimming pools; and that local government vehicles be smoke-free. These provisions remain in effect.
  • What about local laws? Local communities may continue to pass smoke-free air laws with provisions that are more stringent than state law. Consult your local community government or health department for details on pertinent local laws.
  • What are the penalties underNebraska’s law? A person who smokes in a place of employment or a public place in violation is guilty of a Class V misdemeanor (maximum $100 fine) for the first offense and Class IV misdemeanor (minimum $100, maximum $500) for the second and subsequent offense. Charges can be dismissed upon successful completion of smoking cessation program.
  • What are the penalties underNebraska’s law? A proprietor that fails, neglects or refuses to perform a duty under the law is guilty of a class V misdemeanor for the first offense and class IV misdemeanor for the second and subsequent offenses.
  • What are the penalties underNebraska’s law? Each day a violation continues is a separate and distinct violation. The actions and omissions of an employee or agent of a proprietor are imputed “to be the act or omission of such proprietor,” and, accordingly, such proprietor is subjected to the same penalty as if the proprietor committed the act or omission.
  • What should businesses know?
  • What can businesses do? • Promote the law to employees and visitors • Develop a company tobacco policy • Provide support to employees • Be positive • Implement and enforce • Organize a transition committee
  • What can businesses do?Promote Smoke Free Environments• E-mail, memos, payroll stuffers, newsletters• Meetings and in-service trainings Train managers and key employees on the smoke free law, including what to say to visitors and other staff who want to smoke
  • What can businesses do?Develop Company Policy• Do you want to make your whole campus smoke free?• Do you want to designate an outdoor smoking area?• When and where can staff take smoke breaks?
  • What can businesses do?Offer Support• Offer support to employees who might have difficulty with the transition• Provide materials in the break room such as puzzles, cards, checkers, magazines, exercise bike, treadmill, etc.
  • What can businesses do?Quit Smoking Programs• Have resources and/or quit kits available• Organize a worksite quit smoking group It can be a formal group with a hired facilitator It can be an informal support group
  • What can businesses do?Be Positive• Supportive management leads to: • Less complaints • More compliance • Shorter adjustment period• Focus on benefits
  • What should members of the publicknow?Complaints may be reported to:• Local or state law enforcement agencies• Local or state departments of health
  • How can I help people who want toquit smoking? People who want to quit smoking may call the toll-free Nebraska Tobacco Quitline at 800-QUIT-NOW. The Quitline gives Nebraska residents around the clock access to counseling and support services. Calls to the Quitline are free. Local tobacco cessation programs may be available across the state which may be helpful. For a list of known programs, visit: http://www.dhhs.ne.gov/tfn/ces/.
  • How can I find more informationabout Nebraska’s smoke-free air law? Visit: www.smokefree.ne.gov