Implementation of the Massachusetts

Smoke-free Workplace Law

American Public Health Association

November 8, 2006

Smoke-free Workplace Law

The Massachusetts Smoke-free Workplace Law was signed by Governor Romney on June 18, 2004.

The law went into effect on July 5, 2004.

The law amended the 1988 Massachusetts Clean Indoor Air Law in its entirety.

Smoke-free Workplace Law

All workplaces that have one or more employees must be smoke-free. Designated smoking areas or smoking rooms are not permitted.

Smoke-free Workplace Law

There are a few exemptions to the law including:• Private residences

• Membership associations when not open to the public

• Retail tobacco store

• Smoking bar with permit from the Dept of Revenue (51% of income from sales of tobacco products)

• Nursing homes

• Acute care substance abuse treatment centers

• Outdoor spaces if smoke does not migrate inside

Information Resources for employers and general

public are available at www.mass.gov/dph/mtcp

Trainings and Technical Assistance for local boards of health

Information and complaint line • 1-800-992-1895

Smoke-free Workplace LawDPH Complaint Process

1. Complaint is received at DPH

2. Staff determined that the complaint should be investigated

3. Complaint logged into database

1. DPH faxes complaint form and complaint follow-up form to local BOH for follow-up.

2. DPH sends letter and information packet to workplace.

Smoke-free Workplace Law DPH Complaint Process

1. BOH conducts inspection

2. BOH faxes complaint follow-up form to DPH.

1. Inspection results entered into database

2. Case closed

878 calls documented in summer 2004• 742 calls in July

• 136 calls in August

• Alleged violations - 18%

• Prank or obscene calls - 10%

• 2006 – average 30 calls a month; split between complaints and questions

Complaint and Information Calls

0

100

200

300

400

500

600

700

800

J uly August Sept Oct Nov Dec J an Feb March April May J une

CONTACTS - Questions and Complaints – FY

05

Smoke-free Workplace LawComplaints and Compliance

372 complaints reported directly to DPH in FY 05

199 complaints reported directly to DPH in FY 06

Fines and Citations – January-December 2005

35 Boards of Health (of 267) needed to issue fines and/or citations for violations

122 tickets issued - $21,500 • 5 tickets were dismissed upon appeal

• One case where business owner refused to pay; court ordered business to pay

Commission Law required DPH to establish a commission

to assist with implementation. Commission met on three occasions and

reviewed data on complaints, inspections and problems.

Members raised concerns which were processed further in small workgroups between Commission meetings.

Commission Membership Businesses including MA Restaurant

Association, MA Licensed Beverage Association, Associated Industries of MA

Local Boards of Health Other state government departments including

Dept of Revenue, Office of Public Safety, Alcohol Beverage Control Commission

Public Health advocates

DPH Regulations

Regulations provide definitions for• Membership Associations

• Outdoor seating

• Egregious non-compliance

Effective August 26, 2005

Other Issues Other issues were raised, discussed in

workgroups and addressed through fact sheets

• Vehicles used by private business

• “Buffer zones”

Membership Organizations

Some confusion about how the law applies to “private clubs”

• Media coverage suggested private clubs exempt from the law

• Membership organizations only exempt under certain circumstances

Membership Organizations

Exemption only applies to membership organizations that are not-for-profit

Exemption does not apply when open to the public

Membership Organizations

Complaints included:• Bar owners in some communities believed

they were losing business to private clubs

• Private clubs advertising to the public

• “Associate” memberships

• “Invited guests” who are not accompanied by members

Membership Organizations

DPH Regulations (105 CMR 661.000)• Define membership including associate

members and guests

• Require smoking area be physically separated from areas open to the public

• Regulations are consistent with state Alcohol Beverage Control Commission policies

Conclusion

Data gathered from information calls, complaints and inspections demonstrates 90% compliance with the smoke-free workplace law across the state.

Further information

Please contact: Eileen Sullivan, Director of Policy and Planning

Massachusetts Tobacco Control Program

Eileen.M.Sullivan@state.ma.us

617-624-5915