Chapter 2.58
SMOKING AND THE USE OF TOBACCO-RELATED PRODUCTS IN THE WORK ENVIRONMENT
Sections:
2.58.020 Uniform smoking policy.
2.58.010 Definitions.
“Common areas” mean those areas enclosed by a roof and walls in facilities which are owned, leased or rented by the city, including but not limited to employee lounges, lunch rooms, stairways, elevators and restrooms.
“Enclosed work areas” means those areas 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.
“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.
“Smoking debris” includes but is not limited to cigarette or cigar butts, cigarette paper or product packaging, tobacco, smoke, ash, or any other residue resulting from smoking.
“Tobacco-related product” means cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine cuttings, and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. [Ord. 28-90; Ord. 26-91].
2.58.020 Uniform smoking policy.
Smoking or the use of tobacco-related products is prohibited in all city enclosed work and common areas, with the following exceptions:
A. Temporary Designated Smoking Areas.
1. Temporary designated smoking areas which have been established and exist by direction of the city manager.
2. The city manager or his or her designee shall determine the number and locations of those areas that are designated smoking areas, using already available means of ventilation or separation of office space.
3. Temporary designated smoking areas shall be available for use whenever city employees are working in city facilities. Employees may use said temporary designated smoking areas only during their rest break(s) and lunch hour or before and after the work shift.
4. All temporary designated smoking areas shall be eliminated by the city manager on July 1, 1991, unless extended further by a legislative act of the council.
B. Smoking and the use of tobacco-related products is permitted in outdoor areas unless smoke would be drawn into the work or common areas.
C. City Vehicles. Persons may not smoke in city vehicles which have enclosed cabs. Smoking is allowed on open vehicles such as lawn mowing tractors or cabless backhoe tractors.
D. If circumstances warrant further discussion with nonbargaining unit employees and bargaining unit representatives for purposes of clarifications and/or modification of applicability, then such discussion shall be concluded by July 1, 1991. [Ord. 28-90; Ord. 26-91].
2.58.030 Applicability.
The citywide no smoking policy banning the use of tobacco and tobacco-related products shall apply in all enclosed work and common areas, whether enclosed or shared office space, 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. 28-90; Ord. 26-91].
2.58.040 Implementation.
A. Effective Date. The citywide uniform smoking policy shall become effective June 1, 1991.
B. Notification. All city of Richland employment bulletins and communications shall include notification of the citywide uniform smoking policy. Signs shall be posted at the main entrances to all city-owned buildings declaring smoking is not permitted in the building. [Ord. 28-90; Ord. 9-91].
2.58.050 Compliance.
A. Discipline. Discipline shall be imposed on any city officer or employee violating the uniform smoking policy, in accordance with the particular employee’s collective bargaining agreement, the Charter or the city personnel rules, whichever is applicable. The primary objective of discipline with regard to the city’s uniform policy governing smoking and use of tobacco-related products in the work environment shall be to correct behavior in violation of said policy, not to punish or penalize employees who smoke.
B. Smoking Cessation Classes.
1. The city manager shall be responsible for administering a smoking cessation program. For all officers and employees who wish to quit smoking, the city will sponsor and fully fund employee smoking cessation classes. Said classes will also be made available at officer or employee cost to spouses who wish to quit smoking. Officers and employees may also choose to use an alternative to the city-sponsored smoking cessation classes. Notification of an officer or employee’s intent to participate in alternative classes shall be provided in advance of registration in accordance with procedures established by the city manager. Upon submission of bona fide receipts, the city will reimburse officers and employees participating in and completing said alternative smoking cessation programs in an amount not to exceed the city’s contribution of “per employee” cost for the program it sponsors. The city will make a one-time-only contribution to an employee’s effort to stop smoking.
2. In conjunction with the first disciplinary warning imposed for violation of this chapter, the city will offer an officer or employee the opportunity to participate in smoking cessation classes established in subsection (B)(1) of this section.
3. ”Employee” as used in subsections (B)(1) and (2) of this section is defined in RMC 2.28.028. [Ord. 28-90; Ord. 26-91; Ord. 3-97].
2.58.060 Review.
The city manager shall study the impact of the policy and shall make a recommendation to the council regarding implementation of the policy 10 months after the effective date of the ordinance codified in this chapter. The city council may also consider recommendations from employees regarding the effect of the policy in enclosed work and common areas. The city council may adopt those recommendations which are consistent with the provisions of this chapter. [Ord. 28-90; Ord. 26-91].