DEPARTMENTAL REGULATION
|
Number: 4400-006 |
|
|
SUBJECT: USDA Smoking Policy |
DATE: July
28, 2009 |
|
|
OPI:
Office of Procurement
& |
||
1. PURPOSE
This
regulation sets forth the smoking policy for the Department of Agriculture (USDA). Environmental tobacco smoke, also termed
second-hand smoke, is classified as a known human carcinogen by the
Environmental Protection Agency. In
order to protect USDA employees, contractors, and visitors from the health
hazards of environmental tobacco smoke, this regulation prohibits smoking
inside all USDA facilities and motor vehicles.
2. POLICY
It
is USDA’s policy that smoking at USDA facilities is prohibited unless permissible
in areas that meet the conditions stipulated under SECTION 5b of this
regulation, and have been specifically designated as smoking areas by
authorization of the head of the facility’s lead agency. This regulation is effective immediately, in
compliance with 41 CFR, Part 102-74 and FMR Bulletin 2009-B1, Protecting
Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal
Workplace. Any exceptions must be
published in writing, approved by the head of the facility’s lead agency and
provide for the protection of nonsmokers from exposure to environmental tobacco
smoke. Changes in conditions of employment for
bargaining unit employees must be implemented pursuant to 5 U.S.C. Chapter 71.
3. SPECIAL
INSTRUCTIONS/CANCELLATION
This
regulation is a revision of DR 4400-6, and cancels DR 4400-6, USDA Smoking
Policy, dated December 16, 1996.
4. BACKGROUND
On
August 9, 1997, President Clinton signed Executive Order (EO) 13058, entitled Protecting
Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal
Workplace. On October 20, 1997, the
General Services Administration (GSA) issued GSA Bulletin FPMR D-245,
Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in
the Federal Workplace. In accordance
with the requirements of EO 13058, the GSA Bulletin FPMR D-245 prohibited the
smoking of tobacco products in all interior space owned, rented or leased by
the executive branch, except in specially equipped designated smoking areas,
outdoor areas in front of air intake ducts and certain other residential and
non-federal occupied space. The bulletin
also required the heads of executive agencies to evaluate the need to restrict
smoking in courtyards and near doorways.
Studies
conducted since the issuance of GSA Bulletin FPMR D-245 have concluded that
cigarette smoking is the number one preventable cause of morbidity and
premature mortality worldwide. Studies
also have shown that the harmful effects of smoking are not confined solely to
the smoker, but extend to co-workers and members of the general public that are
exposed to secondhand smoke as well.
E.O.
13058 encourages the heads of executive agencies to evaluate the need to
further restrict smoking at doorways and in courtyards and authorizes the
agency heads to restrict smoking in these areas in light of this
evaluation. On December 22, 2008, GSA issued FMR Bulletin
2009-B1, which replaces GSA Bulletin FPMR D-245. The new bulletin requires executive agencies
to prohibit the smoking of tobacco products in all interior space owned, rented
or leased by the executive branch of the Federal Government, and in any outdoor
areas under executive branch control in front of air intake ducts. In addition, smoking is prohibited in
courtyards and within 25 feet of doorways and air intake ducts on outdoor space
under the jurisdiction, custody or control of GSA.
5. SCOPE
a.
Areas Affected. This policy applies to:
(1) All buildings
and facilities (or portions thereof, including garages) owned, leased, or occupied
by USDA nationwide and everyone who enters such USDA buildings and
facilities including, but not limited to, USDA employees, contractor employees,
and visitors; and
(2) All USDA owned,
commercially leased or GSA motor vehicles and everyone who occupies such USDA
vehicles including, but not limited to, USDA employees, contractor employees,
and visitors.
b.
Areas Exempted. The smoking prohibition does not extend to:
(1) Outside areas
except as required for fire safety, and as defined under Section 8h designated
as smoking areas. The designation of such an area as an Outside Smoking Area is
further subject to the conditions specified under Section 7b below and the
fulfillment of all applicable safety regulations and requirements.
(2)
Space
in buildings used as personal quarters.
6. AUTHORITY
This
regulation is issued in accordance with 5 U.S.C. 301; 5 U.S.C. 7901; 29 U.S.C.
668; EO 13058; 41 CFR 102-74.315; and FMR Bulletin B-3.
7. PROCEDURES
a. Inside USDA Facilities. All interior space in USDA facilities shall
be smoke free, including garages attached to facilities.
b.
Outside Smoking Areas. Outside smoking areas will be designated when
possible, in locations which are reasonably accessible to workers outside of
interior parking areas, garages, courtyards or patio areas under the custody,
control and jurisdiction of USDA.
Outside smoking areas must be located a minimum of 25 feet away from
entrances to enclosed areas, common points of ingress and egress to USDA
facilities, windows, and all types of HVAC air handling and circulation
systems, fulfill all applicable safety requirements, and provide proper
ventilation as defined under Section 8f.
c.
Receptacles. Appropriate ash and filter receptacles will
be provided and maintained at all established smoking areas. Additional
receptacles may be placed at entrances not designated as smoking areas. Such
receptacles should display a sign containing the no smoking symbol.
d. Multi-tenant
Buildings. Multi-tenant buildings shall
be smoke free within the confines of the assigned space over which USDA
agencies have exclusive custody and control including corridors, rest rooms,
cafeterias, stairways, and other public space on floors or within blocks of
space assigned to USDA agencies.
e.
Motor Vehicles. Smoking is
prohibited in USDA owned and GSA or commercially leased vehicles, which are
leased for more than 60 days and are within the custody and control of USDA.
f. State or Local
Government Ordinance vs. USDA Policy Control.
USDA leased space located in a privately
owned building is subject to state and local government smoking restrictions,
if the restrictions are more stringent than the USDA policy.
8.
DEFINITIONS
a.
Smoking. The carrying or inhaling of a lighted cigar,
cigarette, pipe, or other lighted tobacco product.
b.
USDA facility. Federally owned, leased, or occupied
buildings and space in buildings under the custody and/or control of USDA
including GSA-leased space occupied by USDA.
c. GSA-Leased Space. Space in privately owned buildings, which is
leased through GSA for use by USDA.
d. Labor/management agreements. Union and bargaining unit representation for
USDA employees. Where there is an exclusive representative for the employees,
USDA shall meet its obligations under 5 U.S.C. Chapter 71.
e. Motor Vehicles. All types of motorized government-owned or
leased vehicles assigned to USDA including, but not limited to, automobiles,
ships, and aircraft.
f.
Proper Ventilation. An outside area (as defined in 8h below) that
provides no direct air intake into a building through means that include but
are not limited to doors, windows and all types of HVAC air handling and
circulation systems. A USDA employee or
contractor who is an expert in a relevant technical field and is familiar with
the building's ventilation system shall determine whether an area meets the
conditions to be suitable for designation as a smoking area. Final designation of a smoking area remains subject to the
approval of the head of the lead agency at the respective USDA facility.
g.
Personal Quarters. Housing provided by the USDA for the
exclusive use as the employee's residence.
h. Outside. Open areas located a minimum of 25 feet away
from entrances to enclosed areas, common points of ingress and egress to USDA
facilities, windows, and all types of HVAC air handling and circulation
systems.
i. Multi-tenant. Buildings or facilities that are not solely
occupied by, or under the sole custody or control of, USDA.
j.
Agency-approved. Smoking
cessation programs specifically authorized by the employee's agency.
9. ABBREVIATIONS
a. AGPMR - Agriculture Property Management
Regulations
b. CFR - Code of Federal Regulations
c. DR- Departmental Regulation
d. EO - Executive Order
e. FMR - Federal Management Regulation
f. FPMR - Federal Property Management
Regulations
g. FPI - Federal Prison Industries, Inc.
h.
GSA
- General Services Administration
i. HVAC -
Heating, Ventilation, & Air Conditioning
j.
U.S.C. -
k. USDA - United States Department of
Agriculture
l. WASC -
10. RESPONSIBILITIES
a. Under
and Assistant Secretaries will support and ensure compliance with the USDA
smoking policy as outlined in this regulation and implement this policy at
facilities and in motor vehicles under their control.
b. Agency
Administrators and Staff Office Heads will support and ensure compliance
with the USDA smoking policy as outlined in this regulation and implement this
policy at facilities and in motor vehicles under their control as directed by
their Mission Area or Staff Office Head. The lead agency at each USDA facility is
authorized to select outside locations for smoking.
Agency
Heads are responsible for ensuring that property owners/managers or appropriate
GSA representatives are consulted, as required, prior to implementation of this
directive. They shall ensure that all employees receive advance notice of
policy changes, and changes in the designations and locations of outside smoking
areas. Agency Heads are also responsible
for implementing an effective plan to provide smoking areas where possible, and
to provide employees with smoking cessation materials or smoking-cessation
program(s) as described in SECTION 11 below.
c. USDA
Employees shall abide by the requirements of this regulation. Employees may
pursue available training, educational, and counseling services for smoking
cessation.
d. Contractors
and Visitors shall abide by this regulation.
e. The
11. SMOKING CESSATION PROGRAMS
USDA
supports agency use of available funds to implement smoking cessation programs
and provide related materials as follows:
a.
Agencies may use available funds for
education, training, and counseling related to smoking cessation programs.
b.
Agencies should develop program
guidelines that specify what the agency will fund and the number of times employees
can attend USDA sponsored smoking cessation programs. Agencies may survey employees on an annual
basis to assess the need for smoking cessation materials or programs. Employee
participation in educational, counseling, or cessation programs related to
smoking is strictly voluntary. However,
employees should participate in agency surveys to help assess agency need for
smoking cessation materials or programs.
c.
When agency-approved smoking cessation
programs are scheduled during duty hours, agencies may provide employees with
short periods of excused absence to participate in such programs. (Such
programs should not be recurring and should not continue over an extended or
indefinite period.) Agencies may contact
organizations such as the American Cancer Society and its Employee Assistance
Program or may use existing programs from local area sources for the employees.
12. ENFORCEMENT
The
success of the USDA Smoking Policy will depend upon the thoughtfulness,
consideration, and cooperation of both smokers and as well as nonsmokers.
a.
Supervisors have the
responsibility to enforce this policy for employees under their supervision,
following established administrative procedures; including, but not limited to,
cautions, counseling, and disciplinary actions, as appropriate. Supervisors
will take direct action when personally observing violations, and will follow-up,
as necessary, on reports by others. The agency’s Employee Relations unit will
provide assistance to employees and supervisors upon request.
b. Employees
or anyone observing violations of this policy should report the situation
to the offender’s supervisor when practical to do so. When the supervisor is
not readily identifiable, violations should be reported to the security office,
or to any security officer or facility manager. Persons reporting violations of this directive
shall not be subject to retribution or reprisal.
c.
Security Officers or Facility
Managers may enforce the smoking policy where it is impractical for a
supervisor to exercise authority, such as in common areas. Refusal to comply
with a security officer’s order may result in removal from the premises and/or
notification of the offender’s supervisor for appropriate administrative
action.
13. SIGNS
Suitable
signs announcing a "Smoke Free Environment" shall be placed on or
near entrance doors of all USDA facilities and motor vehicles subject to this
regulation. Signs should be
procured and installed in cooperation with the GSA Buildings Manager in
buildings managed by GSA. It should not be necessary to display a sign in every
room of each building.
In
accordance with the Federal Acquisition Regulation, Part 8, the mandatory
source of supply for the purchase of the required signage is UNICOR, Federal
Prison Industries, Inc. (FPI). Prior
approval from FPI is required before using any other source of supply. Information for the process on ordering the
signs can be accessed from the following website: www.unicor.gov or call (800) 827-3168.
- END -