REPORT TITLE:
Smoking


DESCRIPTION:
Requires employers with 5 or more employees to adopt a smoking
policy to accommodate both smoking and nonsmoking employees.
This requirement does not apply to the dining areas of
restaurants, bars, and hotel guest rooms.  In addition,
prohibits smoking in state workplaces.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SMOKING IN THE WORKPLACE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 328K-12, Hawaii Revised Statutes, is
 
 2 amended by amending the definitions of "employer", "enclosed",
 
 3 and "office workplace" to read as follows:
 
 4      ""Employer" means [any]:
 
 5      (1)  All state [or] and county [agency, or any] agencies;
 
 6           and
 
 7      (2)  Any private corporation, firm, or association [which
 
 8           receives state funds under chapter 42D.] that employs
 
 9           five or more persons.
 
10      "Enclosed" means closed in by a roof and four walls with
 
11 openings for ingress and egress.  Areas commonly described as
 
12 [public] lobbies, hallways, and roofed malls are [not] enclosed
 
13 for the purposes of this chapter.
 
14      ["Office workplace"] "Workplace" means any enclosed
 
15 structure or portion thereof used by an employer."
 
16      SECTION 2.  Section 328K-13, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§328K-13[]]  Regulation of smoking in the [office]
 
19 workplace.(a)  [Each employer in the State shall within three
 

 
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 1 months after June 24, 1987, adopt, implement, and maintain a
 
 2 written smoking policy which shall contain, at the minimum, the
 
 3 following provisions and requirements:
 
 4      (1)  That if any nonsmoking employee objects to the employer
 
 5           about smoke in the employee's workplace, the employer,
 
 6           using already available means of ventilation or
 
 7           separation or partition of office space, shall attempt
 
 8           to reach a reasonable accommodation, insofar as
 
 9           possible, between the preferences of nonsmoking and
 
10           smoking employees; provided that an employer is not
 
11           required by this chapter to make any expenditures or
 
12           structural changes to accommodate the preferences of
 
13           nonsmoking or smoking employees; and
 
14      (2)  That if an accommodation which is satisfactory to all
 
15           affected employees cannot be reached in any given
 
16           office workplace, the preferences of a simple majority
 
17           of employees in each specifically affected area shall
 
18           prevail and the employer shall accordingly prohibit or
 
19           allow smoking in that particular area of the office
 
20           workplace.  If the employer's decision is
 
21           unsatisfactory to the nonsmoking employees, a simple
 
22           majority of all nonsmoking employees can appeal to the
 
23           director of health for the determination of a
 

 
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                                     H.B. NO.           
                                            
                                                        


 1           reasonable accommodation.  Where the employer prohibits
 
 2           smoking in an office workplace, the area in which
 
 3           smoking is prohibited shall be clearly marked with
 
 4           signs.] Smoking is prohibited in all areas of
 
 5           state-owned or state-controlled workplaces including
 
 6           state-owned or leased vehicles.
 
 7      (b)  Each employer, within six months after the effective
 
 8 date of this Act, shall adopt, implement, and maintain a written
 
 9 smoking policy containing at a minimum the following provisions
 
10 and requirements:
 
11      (1)  That if any nonsmoking employee objects to the employer
 
12           about smoke in the employee's workplace, the employer,
 
13           using already available means of ventilation or
 
14           separation or partition of workplace space, shall
 
15           attempt to reach a reasonable accommodation, insofar as
 
16           possible, between the preferences of nonsmoking and
 
17           smoking employees; provided that an employer shall not
 
18           be required by this chapter to make any expenditures or
 
19           structural changes to accommodate the preferences of
 
20           nonsmoking or smoking employees;
 
21      (2)  That if an accommodation which is satisfactory to all
 
22           affected employees cannot be reached in any given
 
23           workplace, the preferences of a simple majority of
 

 
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 1           employees in each specifically affected area shall
 
 2           prevail and the employer shall accordingly prohibit or
 
 3           allow smoking in that particular area of the workplace.
 
 4           If the employer's decision is unsatisfactory to the
 
 5           nonsmoking employees, a simple majority of all
 
 6           nonsmoking employees may appeal to the director of
 
 7           health for the determination of a reasonable
 
 8           accommodation; provided that in making the
 
 9           determination, the director may solicit the views of
 
10           the employer and employees who wish to allow smoking;
 
11           and
 
12      (3)  That where the employer prohibits smoking in a
 
13           workplace, the employer shall clearly mark with signs
 
14           the area in which smoking is prohibited.
 
15      In reaching a reasonable accommodation under this
 
16 subsection, an employer shall not permit smoking in places where
 
17 smoking is prohibited pursuant to section 328K-2.  The employer
 
18 shall adopt, implement, and maintain the determination of a
 
19 reasonable accommodation, whether reached by the employer or the
 
20 director of health, as part of the employer's written smoking
 
21 policy.
 
22      [(b)] The smoking policy shall be announced within two weeks
 
23 of the vote of preferences of the employees in each respective
 

 
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 1 work area and posted conspicuously in all the affected
 
 2 workplaces.
 
 3      (c)  This section shall not apply to dining areas of food
 
 4 service establishments and bars, or to meeting or banquet rooms
 
 5 in hotels, motels, or other lodging establishments when used for
 
 6 private functions, or to convention center facilities when used
 
 7 for private functions or to the guest rooms of a hotel/hotel
 
 8 condo as defined in section 486K-1."
 
 9      SECTION 3.  Section 328K-14, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]§328K-14[]]  Where smoking not regulated.  This chapter
 
12 does not regulate smoking in the following places and under the
 
13 following conditions within the State:
 
14      (1)  Any property owned or leased by federal governmental
 
15           entities; or
 
16      (2)  [Private enclosed office workplaces occupied
 
17           exclusively by smokers, even though such office
 
18           workplaces may be visited by nonsmokers,] Workplaces
 
19           located in private residences, excepting places in
 
20           which smoking is prohibited by a county fire department
 
21           or by other law, ordinance, rule, or regulation."
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________