11/17/06 Weekly Report: November 16 – Hawai`i Workplaces Go Smoke-Free by Law; FEMA Post-Quake Recovery Centers Remain Open at Various Locations

The following information regarding the new Hawai`i Smoke-Free Workplace law was provided courtesy of Bobby-Jean Leithead-Todd of the Hawai`i County Office of the Corporation Counsel and Tracie Yoshimoto, coordinator at the non-profit Tobacco-Free Big Island.

From November 16, 2006, Hawai`i County workplaces will be smoke-free by law.

The Smoke Free Hawai‘i law is designed to protect the health and well-being of people who do not want to be subjected to secondhand smoke. It is not a ban on tobacco; smokers may still purchase and use smoke-producing tobacco products in areas other than those designated as smoke-free under the law.

Why have smoke-free workplaces?

The costs of smoking to public health and our economy are substantial. Smoking and secondhand smoke pose immediate, acute health dangers, as well as potential long-term consequences such as respiratory illnesses, heart disease and various types of cancer.

Employees who work in smoke-free environments are sick less often. There is mounting evidence that instituting smoke-free workplaces dramatically increases the respiratory health of workers. For example, a study of bartenders in California showed rapid improvement in respiratory health, both through self-reporting and medical tests of lung function.

From November 16, 2006, Hawai‘i has a smoke-free law that protects all workers in enclosed workplaces. Until this law was passed, smoke-free ordinances varied from county to county in the state of Hawai`i. Entire groups of workers were left unprotected from the danger of secondhand smoke.

Hawai‘i is the fourteenth state to pass a smoke-free law, joining not just a national trend, but a movement sweeping the globe as cities, counties, states, provinces and entire countries become smoke-free.

Hawai`i residents asked for smoke-free workplaces

The passage of this law is in direct response to what the overwhelming majority of Hawai‘i voters asked for. Lawmakers listened to the voice of the people and passed this bill. The Senate voted 22-3 in favor and the House of Representatives voted 47-4 in favor of the law.

A voter poll conducted in fall 2005 showed overwhelming support – 85% – for this type of law. This statistic includes smokers.

93% of Hawai‘i voters polled said they believe workers should be protected from exposure to secondhand smoke and that restaurants and bars would be healthier for customers and employees if they were smoke-free.

91% believe the laws and protection should be consistent statewide. An informal poll conducted by KHNL conducted by local media showed 82% of people support a statewide ban of smoking in public places.

There is a growing trend for businesses to adopt smoke-free policies. Growing customer demand and increased costs for healthcare and building maintenance fueled these decisions.

What the Law Says

All enclosed work and public places will become smoke-free on November 16, 2006, “The Great American Smokeout.”

Smoking is prohibited in enclosed or partially enclosed facilities owned by the state or the counties.

Smoking is prohibited in enclosed or partially enclosed places that are open to the public. This includes private businesses.

Smoking is prohibited in enclosed or partially enclosed places of employment. Private homes used as childcare, adult care or health care facilities are considered places of employment. Private membership clubs are under jurisdiction of the law if they are places of employment.

Smoking is prohibited in the entirety of restaurants and bars, including outdoor patios and lanais. This includes luau and other events where food and drink are served.

The law has a reasonable distance provision to prevent secondhand smoke from drifting into enclosed areas. Smoking is not allowed within 20 feet of doorways, windows and ventilation intakes. DOH will consider exemptions to this rule on a case by case basis.

All airports will be smoke-free, cabin to curb.

Smoking is prohibited in the enclosed, partially enclosed and seating areas of sports arenas, outdoor arenas, stadiums and amphitheaters.

Exceptions

Hotels and motels may designate and offer smoking rooms. Smoking rooms must be on the same floor and contiguous. Smoke must not infiltrate into areas where smoking is not allowed. No more than 20 percent of a hotel’s or motel’s rooms may be designated as smoking.

Smoking is allowed in private and semi-private rooms of nursing homes and long-term care facilities, provided the smoke from these rooms does not infiltrate into non-smoking areas. The occupants of any such room must request in writing to be placed in a smoking room.

Retail tobacco stores are exempt, provided that smoke from these places does not infiltrate into areas where smoking is prohibited.

Outdoor areas of employment except those provided for within the bill.

All areas covered by the Smoke Free Hawai‘i law when smoking is part of a production being filmed.

State correctional facilities are exempt. It should be noted that a number of these facilities have been designated smoke-free by the facility management.

Enforcement

Clearly legible signs with the wording “Smoking Prohibited by Law” or the international No Smoking symbol must be conspicuously posted at the entrance to every public place and workplace that is designated as non-smoking.

Signs are available for purchase at office supply stores and are also available for download at hawaiismokefree.com .

Owners, managers, operators and employees of any establishment designated as non-smoking are responsible for informing violators of this law.

Individual violators of this law may be fined up to $50 plus court costs.

Businesses that fail to comply with the law may be fined up to $100 for the first offense, $200 for the second offence within one year of the first violation, and up to $500 for each additional violation within one year of the preceding violation.

In addition to monetary penalties, businesses risk suspension or revocation of any licenses or permits issued to either the person or place where the violation occurred. This includes liquor licenses and food service permits.

Questions, concerns and complaints can be directed to the Department of Health at 1-(808) 586-4613.

Counties maintain the right to enact more stringent ordinances than the provisions of the Smoke Free Hawai‘i law.

Owners, operators and managers of public places and workplaces, including outdoor areas, not covered by this law have the right to designate the areas under their control as smokefree. Smoking will be prohibited in those places where signs are posted.

How will the law affect me?

If you are a smoker, now is a great time to consider quitting. Resources such as the Hawai‘i Tobacco Quitline, 1-800-QUIT NOW, are available to help you determine the best way to break the habit.

An increase in the number of quit attempts is expected as the new law goes into effect. Resources, such as the Hawai‘i Tobacco Quitline, are available for those who need information and assistance to quit.

If smokers light up where smoking is prohibited, they could be fined $50 plus $25 for court costs.

Smokers will still be able to smoke at home, in their cars and in outdoor areas that fall outside the reasonable distance provision of 20 feet from doorways, windows and ventilation intakes.

Employees of businesses that continue to allow smoking after November 16, 2006, will be able to seek help and report violations to the Department of Health at 586-4613, without fear of retaliation.

If the smoke of bars and nightclubs is what kept you away, it’s time to dust off your dancing shoes. Nightlife in Hawai‘i will be smoke-free.

How does the law affect my business?

As a business owner or manager you will be responsible for compliance with the law.

Clearly legible signs with either the words “Smoking Prohibited by Law” or the international “No Smoking” symbol are required to be conspicuously posted at the entrance to any place of employment or place open to the public where smoking is prohibited.

If your business or facility is not automatically covered by the language of the law, you may declare it smoke-free (including outdoor areas) by posting signs that designate it as such.

Business owners and managers who allow patrons or employees to smoke in a facility that has been declared smoke-free under the Smoke Free Hawai‘i law run the risk of fines and suspension or revocation of any licenses or permits issued to either the person or the place of business where the violation occurred.

Any questions or concerns about the new law may be directed to the Aloha United Way information line by calling 211 or to the Department of Health at 586-4613.

Across the country the experience of going smoke-free has been positive for businesses – including bars. The trend has been for increased revenues. According to the results of a poll conducted in fall 2005, 31% of voters say they would go out the same amount or more often if smoking were not allowed in bars and restaurants and 66% said the law won’t affect how often they go out to bars and restaurants. Hawai‘i businesses should expect to see a positive economic impact with this new law.

Just to recap:

Smoking is prohibited in partially- or fully-enclosed buildings & vehicles:

State, county, private businesses & open to the public
In airports, from cabin to curb
Within 20 feet of doorways, windows, and ventilation intakes
In sports arenas, outdoor arenas, stadiums
In common area of condo and apartment buildings
Restaurants, bars, nightclubs, including out door and lanai areas
Constructions sites with 2 walls & roof
Private homes used for childcare, adult daycare and home care

Exceptions:

Hotels and motels - 20% of rooms
Written request for private & semi-private rooms of occupants of nursing homes
Outdoor areas of employment except those identified earlier
Film Productions
Prisons
Federal buildings

Compliance with the new Smoke-Free Law is easy

Post the required signage at every entrance.

The signage must be clearly visible
The signage may say Smoking Prohibited by Law or you may use the International No Smoking symbol.

Implement the “No Smoking” policy

All employees must tell violators they may not smoke in your establishment.

What are the fines for violations?

Fines for individuals who violate the No Smoking law:

$50 plus court fees

Fines for businesses:

$100 1st offense
$200 2nd offense
$500 for each additional (within one year)
Licenses may be suspended or revoked

For more information on the No Smoking in the Workplace law, you can refer to the following resources:

www.hawaiismokefree.org for information and resources about the state law
www.tobaccofreehawaii.org for information about tobacco control across the state of Hawai`i
www.tobaccofreebigisland.org for East Hawaii tobacco-free coalition activities
State Department of Health, Tobacco Prevention & Education Program at (808) 586-4613
Tobacco-Free Big Island, Tracie Yoshimoto (coordinator) at 896-1670 or traciey@hawaii.rr.com

Want to get help to stop smoking?

The following resources are available for help in quitting:

Assistance for Tobacco Dependence Treatment: 1-800-QUIT-NOW
Group Sessions: Tobacco Education &Assistance Program: 557-4838 (Cara Sadira)
Hui Malama Ola Na Oiwi: 969-9220 (Leimomi Shearer)
Hamakua Health Center: 930-2746 (Beverly Cypriano)

CURRENTLY OPEN	DAYS/HOURS OF OPERATION	OPERATOR

Hawi Transfer Station**	Saturday only: 8 am-4:30 pm.	ARC of Hilo
(Open Saturday only)	(closed for lunch 1:00-1:30)

Hilo, 30 Maka’ala Street	Mon thru Fri: 8:00am-5:00pm	Atlas Recycling
(Old industrial area)	Sat & Sun: 8:00am-3:00pm

Hilo Transfer Station**	M, W, F: 8:00am-4:30pm	ARC of Hilo
(Closed Tues & Thurs)	Sat & Sun 8:00am-4:30pm
Honoka`a Transfer Station (Weekends only)	Sat & Sun 8:00am-4:30	ARC of Hilo
Kailua-Kona, Pawai Place	Mon thru Fri: 7:00am-4:00pm	Atlas Recycling
(Old industrial area)	Sat 8:00am-3:00pm