Toolkit I. Why a Formal Policy? Page 3 II. Recommended Policy Content Page 4 III. Policy Templates Page 5 IV. We Have to Quit, Now What? Page 7 V. Did You Know? Page 9 VI. It’s the Law (NRS) Page 14 VII. Motivational Signage Page 17 VIII. Acknowledgements Page 18 2 It may be the Nevada State Law (NRS 202.2483 Nevada Clean Indoor Air Act), but when the business owner has a written policy, there is a clear understanding on the part of the employee as to the expectations and consequences of non-compliance. Looking at a smoke-free policy from the employer’s point of view, the Return of Investment (ROI) will be seen in reduced absenteeism and better health as a result of a smoke free environment. Although it may take 2 to 3 years to see a positive ROI for health insurance plans, economically prevention is less costly than illness. Eliminating tobacco in the workplace is the single most impactful step an employer can take to improve employee health and productivity. Employers should see more timely work breaks as smokers’ breaks often go a little over time. Many smokers either quit or cut back the number of cigarettes they smoke after a smoking ban has been put into place. Add to that the positive effects of a smokefree consumer environment. Many consumers do not like to walk through a cloud of smoke to enter a business. The health of non-smoking employees and customers is protected by a smoke-free business. 3 I. The Policy Purpose II. Connection between the policy and company values (safety, health) III. Time frame for implementation IV. Clear statement that policy applies to everyone: Policy applies to all persons, at all times in company owned or leased building and vehicles. V. Policy applies to everywhere on company grounds as well as company sponsored meetings and events off the property VI. Policy applies to all nicotine products as well as vaping, hookah, and electronic cigarettes even though they may or may not contain nicotine. VII. Tobacco cessation and awareness programs made available VIII. Consequences of non-compliance. A detailed description is provided that outlines enforcement by administrative action of supervisors and managers. IX. Name and contact information of designated staff members who can answer questions. 4 “A Model Policy” as presented by www.cancer.org Because we recognize the hazards caused by exposure to environmental tobacco smoke, as well as the life-threatening diseases linked to the use of all forms of tobacco, it shall be the policy of ____________, effective [DATE], to provide a tobacco-free environment for all employees and visitors. This policy covers the smoking of any tobacco product and the use of oral tobacco products or “spit” tobacco, and it applies to both employees and nonemployee visitors of ____________. Definition 1. No use of tobacco products will be allowed within the facilities of ____________ at any time. The decision to not provide designated smoking areas outside the building will be at the discretion of management or other decision-making body. The designated smoking area will be located at least 25 feet from the main entrance. Some companies may want to establish a larger smoke-free zone, choose a different location for smoking, or have no smoking on their property. 5 All materials used for smoking in this area, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers. Supervisors will ensure periodic cleanup of the designated smoking area. If the designated smoking area is not properly maintained (for example, if cigarette butts are found on the ground), it can be eliminated at the discretion of management or other decision-making body. 2. No tobacco use in any company vehicle. There will be no use of any form of tobacco in __________ vehicles at any time. There will be no tobacco use in personal vehicles when transporting people on _____________ authorized business. 3. Breaks Supervisors will discuss the issue of taking breaks with their staff, both smokers and non -smokers. Together they will develop effective solutions that do not interfere with the productivity of the staff. Procedure 1. Employees will be informed of this policy through signs posted in _____________ facilities and vehicles, newsletters, inserts in pay envelopes, the policy manual, e-mail, and/or orientation and training provided by their supervisors. 2. Visitors will be informed of this policy through signs, and it will be explained by their hosts. 3. The ______________will help employees who want to quit tobacco by helping them access recommended cessation programs and materials. 6 As the business owner, you can help your employees embrace a policy. Be creative with your break room. Have a charging station for electronics or other simple enticement to take the place of the smoking habit during break times. Since smokers’ breaks can usually take longer than non-smokers, the new smoke free workplace might, for example, offer a 5 minute longer break every Friday afternoon. Be sure there is a non-punitive measure in presenting this smoke-free policy. Have cessation resources available to your employees and be supportive. Perhaps as an employer, you also smoke. Work this new policy together. Cessation Local cessation resources can be challenging for individuals to find. Businesses are encouraged to locate local cessation services, contact employer provided insurance or motivate employees to ask their doctor about cessation options. National Cessation Helplines 1. 1-800-QUIT-NOW (1-800-784-8669) Calling this toll-free number will connect you directly to your state quit line. All states have quit lines in place with trained coaches who provide information and help with quitting. Specific services and hours of operation vary from state to state. 2. 1-877-44U-QUIT (1-877-448-7848) The National Cancer Institute’s trained counselors are available to provide information and help with quitting in English or Spanish, Monday through Friday, 8:00 am to 8:00 pm Eastern Time. 7 The Center for Disease Control Smoking Cessation Fact Sheet http://www.cdc.gov/tobacco/ data_statistics http://www.cdc.gov/tobacco/ quit_smoking/how_to_quit/index.htm American Cancer Society Guide to Quit Smoking http://www.cancer.org/healthy/ stayawayfromtobacco National Cancer Institute’s Quit Smoking Help http://www.cancer.gov/cancertopics/ tobacco American Lung Association http://www.lung.org/ Legacy http://www.legacyforhealth.org/ American Heart Association http://www.heart.org/HEARTORG/ GettingHealthy/QuitSmoking/QuitSmoking_UCM_001085_SubHomePage.jsp GlaxoSmithKline Quit.com https://www.quit.com/preparing/quitsmoking-support.html www.lungusa2.org/cessation2 Nevada State Tobacco Cessation Coverage www.lungusa2.org/cessation2 Quitline: Nevada Tobacco Users Helpline http://map.naquitline.org/profile/usa/ nv/ University of Nevada, Reno Tobacco Cessation Resources http://www.unr.edu/live-well/tobaccocessation-resources Nevada Tobacco Quitline https://nevada.quitlogix.org/ Quit Smokeless Tobacco http://www.dipstop.com/ quit_smokeless_tobacco.html SmokeFree.gov http://smokefree.gov/build-your-quitplan 8 Surgeon General: Findings on smoking, secondhand smoke, and health Since 1964, 34 separate US Surgeon General’s reports have been written to make the public aware of the health issues linked to tobacco and SHS. The ongoing research used in these reports still supports the fact that tobacco and SHS are linked to serious health problems that could be prevented. The reports have highlighted many important findings on SHS, such as: SHS kills children and adults who don’t smoke. SHS causes disease in children and in adults who don’t smoke. Exposure to SHS while pregnant increases the chance that a woman will have a spontaneous abortion (miscarriage), stillborn birth, low birth-weight baby, and other pregnancy and delivery problems. Babies and children exposed to SHS are at an increased risk of sudden infant death syndrome (SIDS), upper respiratory and lung infections, ear infections, and more severe and frequent asthma attacks. Smoking by parents can cause wheezing, coughing, bronchitis, and pneumonia, and slow lung growth in their children. SHS immediately affects the heart, blood vessels, and blood circulation in a harmful way. Over time it can cause heart disease, strokes, and heart attacks. SHS causes lung cancer in people who have never smoked. Even brief exposure can damage cells in ways that set the cancer process in motion. The Surgeon General estimates that living with a smoker increases the chance of getting lung cancer by 20% to 30%. Chemicals in tobacco smoke damage sperm which might reduce fertility and harm fetal development. SHS is known to damage sperm in animals, but more studies are needed to find out its effects in humans. There is no safe level of exposure to SHS. Any exposure is harmful. Many millions of Americans, both children and adults, are still exposed to SHS in their homes and workplaces despite a great deal of progress in tobacco control. In fact, almost half of non-smokers and more that 60% of children in the US continue to be exposed. On average, children are exposed to more SHS than non-smoking adults. The only way to fully protect non-smokers from exposure to SHS indoors is to prevent all smoking in that indoor space or building. Separating smokers from non-smokers, cleaning the air, and ventilating buildings cannot keep non-smokers from being exposed to SHS. 9 Smokeless (Spit) Tobacco 10 E-Cigarettes The American Lung Association is very concerned about the potential safety and health consequences of electronic cigarettes, as well as claims that they can be used to help smokers quit. There is no government oversight of these products and absent Food and Drug Administration (FDA) oversight, there is no way for the public health, medical community or consumers to know what chemicals are contained in e-cigarettes or what the short and long term health implications might be. That’s why the American Lung Association has called for the FDA to propose meaningful regulation of these products to protect the public health. The FDA has not approved e-cigarettes as a safe or effective method to help smokers quit. When smokers are ready to quit, they should call 1-800-QUIT NOW or talk with their doctors about using one of the seven FDA-approved medications proven to be safe and effective in helping smokers quit. A study has estimated that there are 250 different e-cigarette brands for sale in the U.S. today. There is likely to be wide variation in the chemicals that each contain, but in initial lab tests conducted by the FDA in 2009, detectable levels of toxic cancer-causing chemicals were found, including an ingredient used in anti-freeze, in two leading brands of e-cigarettes and 18 various cartridges. That is why it is so urgent for FDA to begin its regulatory oversight of e-cigarettes, which would include ingredient disclosure by e-cigarette manufacturers to FDA. Also unknown is what the potential harm may be to people exposed to secondhand emissions from e-cigarettes. Two initial studies have found formaldehyde, benzene and tobacco-specific nitrosamines (a carcinogen) coming from those secondhand emissions. While there is a great deal more to learn about these products, it is clear that there is much to be concerned about, especially in the absence of FDA oversight. 11 Hookahs Hookahs are water pipes that are used to smoke specially made tobacco that comes in different flavors, such as apple, mint, cherry, chocolate, coconut, licorice, cappuccino, and watermelon. Although many users think it is less harmful, hookah smoking has many of the same health risks as cigarette smoking. A typical modern hookah has a head (with holes in the bottom), a metal body, a water bowl, and a flexible hose with a mouthpiece. Hookah smoking is typically done in groups, with the same mouthpiece passed from person to person. Hookah Smoke and Cancer The charcoal used to heat the tobacco can raise health risks by producing high levels of carbon monoxide, metals, and cancer-causing chemicals. Even after it has passed through water, the smoke from a hookah has high levels of these toxic agents. Hookah tobacco and smoke contain several toxic agents known to cause lung, bladder, and oral cancers. Tobacco juices from hookahs irritate the mouth and increase the risk of developing oral cancers. Other Health Effects of Hookah Smoke Hookah tobacco and smoke contain many toxic agents that can cause clogged arteries and heart disease. Infections may be passed to other smokers by sharing a hookah. Babies born to women who smoked water pipes every day while pregnant weigh less at birth (at least 3½ ounces less) than babies born to nonsmokers. Babies born to hookah smokers are also at increased risk for respiratory diseases. Hookah Smoking Compared With Cigarette Smoking Hookah smoking has many of the same health risks as cigarette smoking. Water pipe smoking delivers nicotine—the same highly addictive drug found in other tobacco products. The tobacco in hookahs is burned (exposed to high heat) and the smoke is at least as toxic as cigarette smoke. Because of the way a hookah is used, smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do. An hour-long hookah smoking session involves 200 puffs, while smoking an average cigarette involves 20 puffs. The amount of smoke inhaled during a typical hookah session is about 90,000 milliliters (ml), compared with 500–600 ml inhaled when smoking a cigarette. Hookah smokers may be at risk for some of the same diseases as cigarette smokers. These include: oral cancer; lung cancer; stomach cancer; cancer of the esophagus; deduced lung function and decreased fertility. Hookahs and Secondhand Smoke Secondhand smoke from hookahs can be a health risk for nonsmokers. It contains smoke from the tobacco as well as smoke from the heat source (e.g., charcoal) used in the hookah. Source: Centers for Disease Control and Prevention 12 Marijuana Marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant Cannabis sativa, which contains the psychoactive (mind-altering) chemical delta-9-tetrahydrocannabinol (THC), as well as other related compounds. Smoking marijuana, even infrequently, can cause burning and stinging of the mouth and throat, and cause heavy coughing. Scientists have found that regular marijuana smokers can experience the same respiratory problems as tobacco smokers do, including: Daily cough and phlegm production More frequent acute chest illnesses Increased risk of lung infections Obstructed airways Most marijuana smokers consume a lot less cannabis than cigarette smokers consume tobacco, however the harmful effects of smoking marijuana should not be ignored. Marijuana contains more carcinogenic hydrocarbons than tobacco smoke and because marijuana smokers typically inhale deeper and hold the smoke in their lungs longer than tobacco smokers, their lungs are exposed to those carcinogenic properties longer, when smoking. Marijuana is the most common illicit drug used in the United States. After a period of decline in the last decade, its use has been increasing among young people since 2007, corresponding to a diminishing perception of the drug’s risks that may be associated with increased public debate over the drug’s legal status. There has been a lot of debate about the dangers or second hand marijuana smoke. There is concern that this second hand smoke can cause people to experience what is known as a contact high. There is also concern that the smoke will cause an individual to develop cancer or other illness due to the smoke. Second hand marijuana smoke is also under evaluation as to how it interacts with the walls and furniture in comparison to cigarette smoke. 13 NRS 202.2483 Smoking tobacco: Prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited. 1. Except as otherwise provided in subsection 3, smoking tobacco in any form is prohibited within indoor places of employment including, but not limited to, the following: (a) Child care facilities; (b) Movie theatres; (c) Video arcades; (d) Government buildings and public places; (e) Malls and retail establishments; (f) All areas of grocery stores; and (g) All indoor areas within restaurants. 2. Without exception, smoking tobacco in any form is prohibited within school buildings and on school property. 3. Smoking tobacco is not prohibited in: (a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350; (b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering; (c) Age-restricted stand-alone bars, taverns and saloons; (d) Strip clubs or brothels; (e) Retail tobacco stores; (f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show: (1) Is not open to the public; (2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and (3) Involves the display of tobacco products; and (g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility. 4. A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor. 5. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of: (a) For the first offense, $1,000. (b) For a second or subsequent offense, $2,000. 6. In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older. 7. In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free. 8. Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards set forth in 14 this section. 9. “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited. 10. Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925. 11. No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section. 12. For the purposes of this section, the following terms have the following definitions: (a) “Age-restricted stand-alone bar, tavern or saloon” means an establishment: (1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises; (2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment; (3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and (4) That must be located within: (I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or (II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use. (b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name. (c) “Child care facility” has the meaning ascribed to it in NRS 441A.030. (d) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling. (e) “Government building” means any building or office space owned or occupied by: (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; (2) The State of Nevada and used for any public purpose; or (3) Any county, city, school district or other political subdivision of the State and used for any public purpose. (f) “Health authority” has the meaning ascribed to it in NRS 202.2485. (g) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870. (h) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas. 15 (i) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted. (j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. (k) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (l) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103. (m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103. (n) “Stand-alone bar, tavern or saloon” means an establishment: (1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises; (2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment; (3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and (4) That must be housed in either: (I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or (II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use. (o) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345. 13. Any statute or regulation inconsistent with this section is null and void. 14. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional. (Added to NRS by 2006 initiative petition, Ballot Question No. 5, effective December 8, 2006; A 2009, 3008; 2011, 1996, 3560, 3563) 16 17 Thank you to Andrea Zeller of Churchill County Coalition for providing a model tool kit for smoke-free multi-dwelling housing. Thank you to the following business for supplying copies of smoke-free policies 1. Douglas County 2. Douglas County School District 3. Washoe Tribe of California and Nevada 4. Carson Valley Medical Center 5. Anonymous international company based in Douglas County 18
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