Chapter A-16. Policy—Workplace Smoking/No Smoking

WHEREAS, the Council of the City of Saint Paul desires to protect the health, comfort and working environment of its employees as they may be affected by smoking in various portions of buildings operated by the City; and

WHEREAS, the committee appointed for the purpose of developing a policy to that end has completed its work and submitted its report; and

WHEREAS, the Council concurs in the report of said committee, now, therefore, be it

RESOLVED, That the Mayor and Council of the City of Saint Paul hereby adopt the attached Workplace Smoking/No Smoking Policy and direct its issuance in the name of the Mayor and Council; and be it

FURTHER RESOLVED, That the Mayor and Council hereby express gratitude to the City of Saint Paul Smoking/No Smoking Committee, as representatives from all City departments, and commend them for their work in developing a fair and equitable policy; and be it

FINALLY RESOLVED, That this resolution and policy statement be included as an appendix to the City's Administrative Code.

City of Saint Paul Workplace Smoking/No Smoking Policy

I. SCOPE:

In order to provide employees with a relatively smoke free workplace as well as to permit smoking by individuals who desire to do so, the City of Saint Paul has adopted a policy on the designation of smoking areas. The success of the policy will depend upon the consideration and cooperation of smokers and nonsmokers. Smokers need to consider nonsmokers health concerns and comfort, and nonsmokers need to consider the comforts and rights of smokers.

II. POLICY:

This policy regulates smoking in all buildings under the city's purview and in all city-owned or leased vehicles. Smoking includes the carrying of a lighted cigarette, cigar or pipe. This policy is in compliance and in some cases goes beyond the requirements of the Minnesota Clean Indoor Air Act. This policy shall be reviewed in January, 1987, unless otherwise directed by the mayor or city council.

III. GUIDELINES:

1.

Work Areas:

a.

Private offices. If one (1) individual occupies an office, the person may designate the area as either smoking or nonsmoking.

b.

Semiprivate offices. If all of the employees who occupy the area agree, the office may be designated as a smoking area. If not, the office shall be designated as a no-smoking area.

c.

Open and partitioned work areas. The department/division director shall make reasonable arrangements to apportion the open and partitioned areas as nonsmoking or smoking-permitted areas. If the office area is less than twenty thousand (20,000) square feet, only one (1) continuous smoking-permitted area may be allowed, provided a no-smoking area at least two hundred (200) square feet is designated. If the floor area is greater than twenty thousand (20,000) square feet, then more than one (1) "smoking permitted" area may be designated, provided a no-smoking area of at least 200 square feet is designated. If no reasonable arrangements can be made, smoking will not be permitted in that area. If these conditions are met, smoking will be permitted only if additionally:

(1)

There is a continuous, physical barrier, such as a wall, partition, or furnishing, of at least fifty-six (56) inches in height to separate the smoking-permitted and no-smoking areas. The barrier may contain door or portals; and

(2)

There is a space of at least four (4) feet in width to separate the smoking-permitted and no-smoking areas. This space may be either an unoccupied area or a section of seating area acting as a buffer zone in which smoking is not permitted, but which itself is not part of the acceptable smoke-free area; and

(3)

Ventilation will be at least in accordance with minimum State of Minnesota standards. This ventilation may be achieved with the assistance of power ventilation and/or filtration.

2.

Lunchroom, Break and/or Lounge Areas: In enclosed rooms smoking-permitted areas may be designated if a no-smoking area of two hundred (200) square feet is provided. If the room is less than two hundred (200) square feet, then it is prohibited. If the room is less than two hundred (200) square feet, then it is no-smoking unless one hundred (100) percent of the users agree that it is a smoking-permitted area. If more than one (1) lunchroom, lobby [or] lounge area exists, one (1) may be designated smoking-permitted and one (1) nonsmoking.

3.

Common Use Areas:

a.

[Elevators, stairwells, hallways, lobbies, etc.] Smoking is prohibited in elevators and stairwells. Smoking is prohibited in hallways, lobby areas, restrooms, and conference rooms, unless these areas have been designated as smoking areas unless already prohibited by the fire marshal or other existing law. All policies regarding common or public areas shall apply only to those buildings or areas within buildings which are under the exclusive purview of the city.

b.

Public meetings. No smoking is permitted in any conference room of city-operated buildings in which a meeting or hearing open to the public is being held. No-smoking signs shall be posted in the room in which the public meeting is to be held.

c.

Staff meetings and informal conferences. At the discretion of an individual who is in charge of such a meeting, a portion of the conference room may be designated as a smoking area, in which case, at least two hundred (200) square feet of the room shall be designated as a no-smoking area. The head of the meeting should make an announcement about the policy.

4.

Vehicles: Smoking is prohibited in city-owned or leased vehicles where there are two (2) or more occupants in the vehicle, unless both or all occupants are smokers.

5.

Exceptions:

a.

Medical. In those areas within a department, division or office where an employee produces a medical certificate (as required by Civil Service Rules), the responsible person shall attempt to locate this individual in a smoke-free area. If this is not practical for that work area, smoking will not be permitted in that area and the department head/supervisor will attempt to provide a smoking-permitted area on the same floor as the affected smoker works.

b.

Residences. Buildings that are city-owned residences where water utility employees permanently reside as a result of their job are exempt from this policy.

c.

Other. Should an employee feel that the workplace conditions of this policy are not tenable, a grievance may be filed following Civil Service Rules and Procedures.

IV. SIGNS:

a.

No-smoking signs containing the international no-smoking symbol should be placed on the outside of each elevator, and in the appropriate section of lunch/break rooms or areas.

b.

All primary entrances to city buildings shall be posted as follows: "SMOKING AREAS ARE DESIGNATED."

c.

Smoking-permitted signs containing the international smoking symbol shall be placed in designated smoking-permitted areas.

d.

Any area that is not posted "Smoking Permitted" is a no-smoking area.

V. ENFORCEMENT:

All city employees are expected to comply with this policy. (If a city employee is smoking in a prohibited area, the employee may be in violation of state law). There will be no harassment by any city manager or supervisor of any employee who is in compliance with this policy. Enforcement of this policy shall be in accordance with the disciplinary procedures as outlined in the Civil Service Rules.

VI. SMOKING CESSATION:

Smoking cessation classes will be offered by the city as part of its wellness program to any employee who wishes to participate in these classes.

VII. COMMITTEE ASSISTANCE:

The city-wide smoking/no-smoking policy committee shall make itself available as a committee or shall select designees to assist any department, division, or office that requests:

1.

Assistance in the selection of designated smoking/no-smoking areas.

2.

Assist in the resolution of any problems that arise as a result of implementing this policy.

3.

Any assistance or advice offered by this committee or its members under the conditions of this paragraph is not binding on the department nor is the committee or its members responsible for final departmental policy resulting from this assistance.

VIII. EFFECTIVE DATE:

1.

Each department will set up a committee comprised of both smokers and nonsmokers who will make recommendations to department heads regarding location of designated smoking areas in the respective departments, divisions, offices or individual buildings. These committees will be set up within one (1) month of the effective date of this policy and will act in an advisory capacity. Each member of these committees shall be provided a copy of the city's smoking/no-smoking policy and a copy of the Minnesota Clean Indoor Air Act.

2.

This policy will be in effect January 1, 1986.