Chapter 8.06
SMOKING IN THE WORKPLACE

Sections:

8.06.010 Purpose.

8.06.020 Definitions.

8.06.030 Uniform smoking policy.

8.06.040 Applicability.

8.06.050 Exceptions.

8.06.060 Compliance.

8.06.070 Severability.

8.06.010 Purpose.

Whatcom County is dedicated to providing a healthful and productive work environment for all county employees and the public visiting or conducting business in county facilities. This chapter is enacted in response to the growing medical and scientific evidence of the detrimental effects of active and passive smoking on personal health and work performance. Its purpose is not to infringe upon the personal right and decision of any employee or member of the public to smoke. Rather, it is intended to provide a smoke-free environment for employees and the public who do not wish to be affected by the minority of employees and public who do smoke. (Ord. 89-18 § 1).

8.06.020 Definitions.

When using this chapter, the definitions in this section shall apply:

A. “Automobile” means all cars, trucks, pickups or other equipment/vehicles which contain an enclosed operating area.

B. “Common areas” means that area used in common by employees and/or the public and enclosed by a roof and walls in facilities which are owned, leased or rented by the county, including but not limited to employee lounges, lunchrooms, conference rooms, stairways, elevators, hallways and restrooms.

C. “County facility” means any building or enclosed facility owned, leased, rented or operated by Whatcom County for county governmental purposes, that is frequented by the public or represents the work station for county employees.

D. “Enclosed work area” means that area closed in by a roof and walls with at least one opening for ingress and egress, with the intended use primarily for and by officers and employees of Whatcom County while conducting county business, which are owned, rented or leased by the county for county governmental purposes.

E. “Smoking” or “to smoke” means and includes inhaling, exhaling or carrying any burning tobacco or other plant matter, including but not limited to cigarettes, cigars or pipes.

F. “Smoking debris” includes, but is not limited to cigarette or cigar butts, cigarette paper or products packaging tobacco, smoke, ash or any other residue resulting from smoking. (Ord. 89-18 § 2).

8.06.030 Uniform smoking policy.

A. Smoking is prohibited 24 hours a day, every day, in all county buildings, enclosed work and common areas, facilities and automobiles.

B. Smoking is permitted in outdoor areas, unless the smoke would be drawn into the work or common areas. All employees who elect to smoke in the outdoor areas shall be responsible for the proper maintenance and/or removal of all smoking debris. (Ord. 89-18 § 3).

8.06.040 Applicability.

The county’s no smoking ordinance shall apply to all enclosed work and common areas, whether in an enclosed individual or shared office space, including automobiles, and shall apply to all persons who visit enclosed work and common areas, including all officers, employees, contractors or visitors during all hours and days of the year. (Ord. 89-18 § 4).

8.06.050 Exceptions.

A. Any officer or employee of the county who finds that the county’s smoking ordinance creates a unique situation with an adverse impact on the employee(s) while in his/her usual place of work, may submit an exception request to his/her department head or to the county executive for department heads, who shall submit the request, along with the department head’s or county executive’s recommendation to the county council. The exception request will be given a hearing before the county council in a manner it deems appropriate. The council’s decision regarding the exception request will be final.

B. Any county-owned building or facility leased, rented or otherwise made available by the county for activities or purposes not directly managed or controlled by the county shall be exempt from the county’s policy. To allow smoking or not in those buildings or facilities will be a policy decision of the management of each building or facility.

C. Any long-term care facility owned and operated by the county shall provide a designated smoking area for the residents of the facility, ensuring that other residents are not adversely affected by the smoke. (Ord. 89-18 § 5).

8.06.060 Compliance.

A. Discipline shall be imposed on any county officers or employees violating the county’s smoking ordinance in accordance with the applicable personnel policies and procedures. The primary objective of discipline with regard to the county’s smoking ordinance in the work environment shall be to correct behavior in violation of said policy, not to punish or penalize employees who smoke.

B. The county will continue to sponsor smoking cessation classes for a minimum of one year after the effective date of the ordinance codified in this chapter, for those employees and officers who smoke and wish to quit. (Ord. 89-18 § 6).

8.06.070 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or application of the provision to other persons or circumstances shall not be affected. (Ord. 89-18 § 7).