Loading...
HomeMy WebLinkAbout206-91 RESOLUTION64 RESOLUTION NO. • 206-91 • A RESOLUTION ADOPTING THE CITY OF FAYETTEVILLE'S SMOKING POLICY FOR ALL CITY OWNED BUILDINGS/FACILITIES AND VEHICLES WHICH PROHIBITS SOMKING EXCEPT IN DESIGNATED SPECIFIC SMOKING AREAS. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby adopt the City of Fayetteville's smoking policy for all city owned buildings/facilities and vehicles except in designated specific smoking areas. A copy of the said policy authorized for execution is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the aforementioned policy shall be in full force and effect from and after 90 days from the passage hereof. PASSED AND APPROVED this 5th day of November , 1991. ATTEST: By w rrvki 40� City e'lerk APPROVED: By:/;t4,4/9 y : r'�d 4/ Mayor • EXHIBIT A - SMOKING POLICY PURPOSE: The purpose of this City of Fayetteville Smoking Policy is to establish a city-wide policy to provide employees, clients, and visitors with an example of preventive health behavior; to maintain as clean and healthful an environment as possible; and, to reduce the discomfort of employees, clients and visitors whose tolerance for tobacco smoke is limited. Further, smoking has been shown to affect the health and comfort of nonsmokers who come in contact with secondhand smoke or sidestream smoke. APPLICABILITY: This policy applies to all employees, city volunteers, contractors, clients and visitors while utilizing City buildings/facilities and vehicles. DEFINITIONS: "Smoking" means the fighting, holding, or carrying of, or emitting or exhaling the smoke of, a pipe, cigar, or cigarette of any kmd. "City Building/Facility" means any enclosed, indoor area which is owned or controlled by the City including, but not limited to, offices or other work areas, restmorms, and rooms in which a public meeting, hearing, or other official proceeding open to the public is in progress. "City Vehicle" means any motor vehicle owned or controlled by the City. "Person in Charge" means the person responsible for the operation of the building and facility, and the person responsible for the agency or organization occupying the building or facility, or that person designated to act in the absence of the person in charge. "Effectively segregate smoking" means to designate areas where smoking is permitted and areas where smoking is prohibited so that smoke from the smoking areas does not cause harm, discomfort, or annoyance to persons in the no smoking areas. "Designated no -smoking area" means an area within a building/facility, vehicle, room, or group of rooms where smoking is not allowed, at the designation of and by the authority of the City Manager. 'Designated smoking -permitted area' means an area within a buildmg/facility, room, or group of rooms where smoking is allowed, and is so posted and which is effectively segregated from no -smoking areas. • POLICY: • 1. Smoking in any form is prohibited in City buildings/facilities and vehicles whenever these areas are designated "No Smoking" areas. 2. The department directors, or designated personnel, may designate specific smoking areas in each buildmg/facility. If no accommodation reasonably satisfactory to all affected nonsmoking employees can he reached in any given work area, the preferences of nonsmoking employees shall prevail and the employer shall prohibit smoking in the work area. 3. The City may provide smoking education and cessation programs during work hours for employees wishing to stop smoking. This is an effort to promote a healthy attitude about the benefits of not smoking. 4. No employee who makes a formal complaint regarding smoking or riles governing smoking or nonsmoking shall he subject to discrimination or termination. PROCEDURE: 1. "No Smoking" signs shall be posted in all areas so designated. 2. Complaints may he made to the appropriate department director or 'Person in Charge" and all complaints will be held confidential. The complaint, however, cannot be anonymous because no action will be taken until the complainant can he identified as being assigned to the work area All complaints will be investigated by the Department Director or designate. 3. Outdoor ash receptacles should he placed near doors and outdoor smoking areas. 4. Enforcement: Employees who violate this pobcy and procedure shall be verbally warned on the first offense. On the second offense, they shall be counseled by their supervisors and a copy of the report kept on permanent file in their personnel record. Repeat violations shall be subject to further personnel action in accordance with City personnel policy and procedure. Visitors and/or clients who violate this policy will be asked to extmgwsh the smoking matenal; if the visitor or client contmues to smoke, he/she will he asked to leave the City building or facility. Services will not be provided to visitors or clients who violate this policy. RESOLVING DISPUTES: 1. Supervisors shall make reasonable efforts to resolve any complaints by smokers and nonsmokers. In resolving complaints, the right of nonsmokers to avoid reasonable conditions and exposure to tobacco contaminants should be recognized. Management should strive for • • an equitable balance between the preference of nonsmokers and smokers. 3. If all efforts within the department to resolve complaints fail, the City Manager shall resolve complaints. 4. Nothing contained herein shall preclude an employee from utilizing any other atrynup tate appeal process to which she/he may he entitled. 5. Nothing contained herein shall require the City to expend funds for the construction of partitions or the installation of air conditioning, special air filters or other similar devices m order to accommodate an employee's expressed preference. Expenditure of funds for reasons related to the program shall he made in accordance with normal procedures.