HR Memorandum 96-5: Policy on Smoking in the Workplace
TO: Deans, Directors and Departmental Chairs
FROM: Office of Human Resources Management
DATE: December 10, 1996
SUBJECT: POLICY ON SMOKING IN THE WORKPLACE
This is a policy memorandum and should be filed in the
HUMAN RESOURCES MEMORANDA MANUAL issued by this office. This memorandum replaces Memorandum HRM 90-7 dated June 15, 1990, which should be destroyed.
BACKGROUND
In January, 1990, the Clean Indoor Air Act (Act) required that stringent regulations governing smoking be implemented in indoor areas open to the public. In passing this law, the State legislature found that "there is a substantial body of scientific research showing that breathing secondhand smoke is a significant health hazard for nonsmokers . . . the purpose of this Act is to preserve and improve the health, comfort and environment of the people of this State by limiting exposure to tobacco smoke."
The provisions of the Act governing public places prohibit smoking except in designated smoking areas, which are to be clearly marked and separated from any area in which smoking is not permitted. Smoking is totally prohibited in certain areas, including auditoriums, classrooms, and buses. The provisions of the Act governing workplaces require that employers provide non-smoking employees with a smoke-free work area. Employers may designate a separate enclosed room or rooms not open to the public for use as a smoking area. Smoking is totally prohibited in certain areas, including restrooms, elevators, and hallways. To comply with the Act, the University prohibited smoking indoors except in a few designated areas and in private offices.
On August 6, 1996, President Hitchcock signed University Senate Bill 9596-05. This resolution, which was widely discussed in several public hearings, further restricts smoking on campus. It prohibits smoking in all University buildings except in designated areas in residence halls. It also prohibits smoking in certain outdoor areas:
- within 30 feet of exterior ventilation intakes;
- within 10 feet of building entrances and open windows; and
- in all exterior stairwells.
In passing this bill, the Senate referred to a 1988 Senate Bill, which was signed by President O'Leary. That bill stated that "It is intended that designated, public smoking areas in University buildings will be eliminated by September 1990" and "that efforts will be made to eliminate smoking in restricted work areas as soon as possible." Senate Bill 9596-05 also referred to the adverse health effects of environment tobacco smoke, the impact of second-hand smoke on persons with disabilities, and the shared ventilation systems of most of the buildings on the uptown campus.
POLICY
This policy restricts and/or prohibits smoking in the workplace in conformity with the Clean Indoor Air Act and University Senate Bill 9596-05.
- It is University policy that smoking is prohibited in all University buildings except residence halls.
- Smoking is prohibited out of doors in the following areas:
- within 30 feet of exterior ventilation intakes;
- within 10 feet of building entrances and open windows; and
- in all exterior stairwells.
ENFORCEMENT
The success of this policy will depend upon the thoughtfulness, consideration and cooperation of smokers and non-smokers. All employees share in the responsibility for adhering to and enforcing the policy. Program managers should ensure that this policy is communicated to new members of the University community.
We anticipate that most instances of violation of this policy can be remedied through education and/or informal reminders. Where necessary, however, a formal complaint against an employee may be filed with the Office of Human Resources Management. All complaints must be in writing and must be signed; however, confidentiality will be preserved. Complaint forms are available by calling this office on 437-4700. As smoking regulations are University policy, serious or repeat violations may subject employees to disciplinary action.
Complaints regarding smoking by students in a given area should be referred to the building coordinator designated by the Office of the Vice President for Student Affairs (see
chart). Complaints that cannot be resolved informally through this process should be referred to John Murphy, Director of Judicial Affairs, and will be handled through the Student Judiciary process.
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Office of Human Resources Management
University at Albany
Albany, NY 12222
(518) 437-4700 (Voice) 437-4731 (Fax)
Office Hours: M-F, 8:30am to 5:00pm, Summers, 8:00am - 4:00pm
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