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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
617-624-5915