WSR 15-16-105
[Filed August 4, 2015, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-02-075.
Title of Rule and Other Identifying Information: New chapter 504-38 WAC, Health and safety regulations specific to Washington State University (WSU) Pullman.
Hearing Location(s): Lighty 405, WSU Pullman, Pullman, Washington, on September 22, 2015, at 4:00 p.m.
Date of Intended Adoption: October 30, 2015.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail, fax (509) 335-3969, by September 22, 2015.
Assistance for Persons with Disabilities: Contact Joy Faerber, (509) 335-2005, by September 18, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WSU is adding health and safety policy and regulations for WSU Pullman. WSU seeks a tobacco-free campus to include all campus grounds, state-owned vehicles, and equipment at Pullman. This will be in addition to the WSU Spokane and WSU Vancouver campuses that are already tobacco-free. The Washington Clean Indoor Act currently prohibits smoking in public buildings and places of employment, as well as within twenty-five feet of doors, windows, and ventilation intakes.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting: Dwight Hagihara, Executive Director, Environmental Health and Safety and Risk Management, Environmental Health 62A, Pullman, Washington 99164-1172, (509) 335-3051; Implementation: Olivia Yang, Interim Vice-President, Finance and Administration, French Administration 442, Pullman, Washington 99164-1045, (509) 335-2600; and Enforcement: Bill Gardner, Associate Vice-President, Public Safety, Safety 60, Pullman, Washington 99164-7300, (509) 335-8548.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
August 4, 2015
Deborah L. Bartlett, Director
Procedures, Records, and Forms
University Rules Coordinator
Chapter  504-38  WAC
WAC 504-38-010 Tobacco and nicotine useAuthority.
Pursuant to RCW 28B.30.150(1), the Washington State University (WSU) board of regents is granted authority to establish rules and regulations for tobacco and nicotine use on property owned, operated, and/or maintained by the university.
WAC 504-38-020 Tobacco and nicotine products.
Washington State University Pullman acknowledges the findings of the United States Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. The university further recognizes that the United States Environmental Protection Agency classifies environmental tobacco smoke as a class A carcinogen. In light of these health risks, and in support of a safe and healthy learning/working environment, WSU Pullman establishes the restrictions in this section, WAC 504-38-010, and 504-38-030, otherwise collectively referred to as the WSU Pullman tobacco and nicotine use policy.
(1) Tobacco and nicotine usage is not permitted within the perimeter of WSU Pullman property. Smoking and nicotine use materials must be secured, extinguished, and/or disposed of prior to entering WSU Pullman property or exiting private vehicles. Improper disposal, including spitting smokeless tobacco or discarding cigarette butts on the ground or out of a vehicle, is not permitted.
(2) The WSU Pullman tobacco and nicotine use policy applies to all students, faculty, and staff or other persons using university facilities.
(3) The WSU Pullman tobacco and nicotine use policy is not intended to impede on institutional review board (IRB) research projects. IRB-approved research projects are exempt from this policy.
(4) The WSU Pullman tobacco and nicotine use policy is not intended to impede on WSU tobacco and nicotine cessation programs.
(5) Definitions. For the purposes of this chapter, the terms "tobacco and nicotine use products" and "property" are defined as follows:
(a) Tobacco and nicotine use products. Cigarettes, cigars, pipes, hookah, all forms of smokeless tobacco, electronic cigarettes, nicotine inhalers, clove cigarettes, and other alternative products made primarily with or from tobacco.
(b) Property. All buildings, grounds, state-owned vehicles and equipment (motor pool, maintenance) including, but not limited to, parking lots, bus stops, county-owned and WSU-maintained streets or sidewalks, recreational fields, golf course, and all open common areas within the WSU Pullman campus. This also includes noncontiguous WSU-owned property located within the city limits of Pullman, Washington, and in Whitman County, Washington.
(6) The sale or free distribution of tobacco or nicotine products or tobacco-related merchandise is prohibited on university property.
(7) Sponsorship of campus events by tobacco or nicotine promoting organizations is prohibited.
(8) Advertisement of tobacco or nicotine products at university events is prohibited regardless of sponsorship.
(9) Tobacco or nicotine use on university property or improper disposal of smoking materials may result in disciplinary action. Employees may be subject to corrective or disciplinary action and students may be referred to the WSU Pullman office of student conduct. Other violators may be trespassed from the WSU Pullman campus and subject to other sanctions available to enforce the tobacco and nicotine use policy.
(10) Signage. Signs are to be posted at prominent locations regarding applicable restrictions.
WAC 504-38-030 Tobacco and nicotine useCommunication and compliance.
(1) The following WSU Pullman persons and departments are responsible for ensuring that the WSU Pullman tobacco and nicotine use policy is communicated to employees, students, visitors, and others in the WSU Pullman community as indicated:
(a) Human resources regarding employees;
(b) Student affairs regarding students;
(c) Department supervisors and leads regarding their visitors, guests, and contractors;
(d) Communications and scheduling offices for events regarding their attendees, guests, and visitors;
(e) Finance and administration regarding outside contractors and vendors;
(f) President's office regarding partner institutions, its visitors, and guests;
(g) Athletics regarding their patrons, visitors, and guests.
(2) Members of the WSU Pullman community may notify public safety of repeat offenders and/or of disruptive behavior. The enforcement of the tobacco and nicotine use rules and regulations in this section, WAC 504-38-010 and 504-38-020 is the responsibility of the public safety department with the assistance of all members of the WSU Pullman community.
(3) Each of the above responsible persons and departments may establish procedures and protocols, consistent with each other and the WSU Pullman tobacco and nicotine use policy. Such procedures and protocols are to be designed to assist and encourage students and employees to enroll in tobacco and nicotine use cessation programs, comply with this policy, and to observe state smoking laws.
(4) Any person who repeatedly violates the WSU Pullman tobacco and nicotine use policy may be asked to leave the property and/or may be removed and subject to trespass admonition. Employees may be subject to corrective or disciplinary action and students may be subject to student conduct action. Public safety officers are authorized to control and regulate facilities use as prescribed by this policy.
(5) Any person interfering with a university public safety officer in the discharge of the WSU Pullman tobacco and nicotine use policy may be in violation of WSU Pullman policy and state law (RCW).