Galion City Health DepartmentSmoking Ban |
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Medical studies have conclusively shown that exposure to secondhand smoke from tobacco causes illness and disease, including lung cancer, heart disease, and respiratory illness. Consequently smoking in the workplace is a statewide concern and, therefore, it is in the best interests of public health that smoking of tobacco products be prohibited in public places and places of employment and that there be a uniform statewide minimum standard to protect workers and the public from the health hazards associated with exposure to secondhand smoke from tobacco. On November 7, 2006, Ohio voters passed Issue 5, the Smoke Free Workplace Act, creating Ohio’s smoking ban under Chapter 3794 of Ohio Revised Code. This new law requires public places and workplaces be smoke free as of December 7, 2006. Public places and workplaces shall begin compliance with the law on that date. The law applies to all enclosed public places and workplaces. If an establishment has an employee or invites members of the public to enter, the establishment shall be smoke-free. An owner of a business must also ensure that smoking outside the building is far enough away from doorways or windows so that smoke does not enter the enclosed area. Generally, the law does not apply to homes, cars, or outdoor areas. Exemptions from the law include certain retail tobacco stores, resident-only smoking rooms in nursing homes, up to 20% of sleeping rooms in a hotel, and narrowly-defined private clubs. Private clubs that have employees, either paid or volunteer, must comply with the law. A business proprietor must address the major requirements of the statute, including: § Prohibiting smoking in any enclosed public places or places of employment, and areas near windows and doors. § Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including at each entrance. The statute requires these signs to say “No Smoking” or have the “No Smoking” international symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). The signs shall be clearly legible and contain a toll free number for reporting violations. Downloadable versions of acceptable signs are posted on the ODH website at www.odh.ohio.gov. As required by Revised Code Section 3794.06, signs must include the toll free number for reporting violations [1-866-559-OHIO (6446)].
In addition to the toll-free enforcement line, ODH has established an information line to be used for general information concerning the law and non-enforcement related questions. The toll-free information line is 1-866-ODH-7654 (1-866-634-7654). Fifteen other states have comprehensive smoke-free laws, including Arizona which also passed a statewide law on November 7, 2006. Experience in cities and states with smoke-free laws shows that such laws are generally self-enforcing. Business owners are law-abiding citizens and Ohioans overwhelmingly support the law. Business owners and persons smoking who are in violation of the law after enforcement begins would get a warning letter. Smokers who repeatedly violate the law could face civil fines of up to $100. Businesses that violate the law face fines starting at $100, but the fine could escalate for repeated violations in a 2-year period, up to $2500. Concern for the financial impact on businesses has been raised frequently. The Smoke Free Workplace Act creates a fair, level playing field for all businesses. Studies from states and cities that have passed strong smoke-free laws have found no impact or a positive impact on business. Franklin County sales tax receipts for bars and restaurants increased 7.4% after Columbus went smoke-free. They also found it improved the health of workers and customers. Further information is available at the Ohio Department of Health website www.odh.ohio.gov, the Smoke Free Ohio website www.SmokeFreeOhio.org, or by calling Galion City Health Department at (419)468-1075.
Submitted by: Stephanie Zmuda, R.S., Director of Environmental Health Galion City Health Department 113 Harding Way East Galion, Ohio 44833 (419)468-1075 Fax (419)468-8618
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