HOUSE BILL REPORT

HB 13

BYRepresentatives Valle, Rust, Brekke, Jacobsen and Nelson

Regulating smoking in the workplace.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Bonnie Austin (786-7107)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS JANUARY 27, 1987

BACKGROUND:

The effects of tobacco smoke on nonsmokers in the workplace has become an issue of increasing concern.  In 1985 the legislature, recognizing the increasing evidence that tobacco smoke in closely confined places may create a danger to the health of some individuals, enacted the Washington Clean Indoor Air Act (RCW 70.160).  This act prohibits smoking in public places, except in designated areas, but contains an exemption for private enclosed workplaces within a public place.

SUMMARY:

SUBSTITUTE BILL:  Any employer who employs four or more employees and operates a workplace in the state shall adopt, implement, and take reasonable steps to maintain a written smoking policy.  At a minimum, this policy shall provide that:  1) Upon the request of any nonsmoking employee, the employer shall attempt to reach a reasonable accommodation between the preferences of smoking and nonsmoking employees by using already available means of ventilation, separation, or partition of space; and 2) If an accommodation that is satisfactory to all affected nonsmoking employees cannot be reached, the preferences of nonsmoking employees shall prevail. Employers are not required to make any expenditures or structural changes to accommodate the preferences of nonsmoking employees.

Exempted from this act are:  1) private homes that serve as workplaces; 2) workplaces leased or rented by a sole independent contractor, provided there are no employees; 3) private enclosed workplaces with separate ventilation systems that are occupied exclusively by smokers; and 4) bars, taverns, bowling alleys, tobacco shops, hotel guest rooms, and restaurants.

Employers who knowingly fail to adopt, implement, or take reasonable steps to maintain a written smoking policy or who knowingly retaliate against any employee who exercises his or her rights under this act are liable for a civil penalty of up to $100.  Employees who knowingly violate the workplace smoking policy are liable for a civil penalty of up to $100.

The department of labor and industries shall enforce this act by providing notice to violators and requesting the county prosecuting attorney to maintain an action for writ of mandamus and recovery of civil penalty.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Where accommodation between nonsmoking and smoking employees cannot be reached, the employer is required to accommodate the nonsmoking employees instead of being required to prohibit smoking in the workplace.

Employee means any permanent employee, rather than any employee.  Employers with less than four employees are exempt from the act.

Employers must adopt smoking policies within six months, rather than three months, of the effective date of the act.  Employers must take reasonable steps to maintain the smoking policy, rather than simply being required to maintain the policy.

All private homes that serve as workplaces are exempt from the act, rather than just private homes without employees.  Bars, taverns, bowling alleys, tobacco shops, hotel guest rooms and restaurants are added to the list of exempted facilities.

Employers are only liable for knowing violations, rather than simple violations.  Employees who violate the smoking policy are liable for a $100 civil penalty.

Technical legal changes are also made.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Jim Glick, Department of Social and Health Services; Myra Romans, Fresh Air for Nonsmokers (FANS); Dr. Ronald Ruhl, Washington Thoracic Society; Mike Ryherd, Washington State Medical Association; Janet Chalupnik, Washington Lung Association, Dottie Ford, State Employees.

House Committee - Testified Against: Bill Fritz, Tobacco Institute; Jan Wiley-Gee, Association of Washington Business.

House Committee - Testimony For:     Exposure to sidestream smoke (smoke from the burning end of a cigarette, cigar, or pipe) and mainstream smoke (smoke inhaled by a smoker and exhaled into the environment) poses important health risks to nonsmokers in the workplace.  Present law does not provide a sufficient process by which employees can assure a smoke-free workplace.

House Committee - Testimony Against: There is no conclusive scientific evidence documenting the dangers of sidestream smoke.  Adoption of the one nonsmoking employee preference is counter productive to the general working conditions of business.