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8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
http://slidepdf.com/reader/full/re-indoor-clean-air-act-violations-in-state-capitol-building 1/6
1515 SW Fifth Ave, Suite 410, Portland, OR 97201
Telephone: (971) 673-1880 Fax: (971) 673-1884 TTY: (503) 378-5938 www.doj.state.or.us
DEPARTMENT OF JUSTICE
GENERAL COUNSEL DIVISION
May 16, 2016
Dexter Johnson
Legislative Counsel900 Court St., NE S-101
Salem, OR 97301-1043
Re: Indoor Clean Air Act Violations in State Capitol building
Dear Mr. Johnson:
The Oregon Health Authority (OHA) shared with me the follow-up letter sent to
BethAnne Darby on May 9, 2016, regarding the meeting about the Oregon Indoor Clean Air Act(ICAA) and reported violations of the ICAA by Senator Jeff Kruse. I advise OHA on ICAA
issues and have been involved in discussions with OHA about its authority under the ICAA.
OHA asked that I respond to the letter.
Your letter describes Senator Kruse’s violations of the ICAA and references complaints
submitted to the OHA in 2011, 2012 and 2013. Your letter ascertains that the complaints were
based, in part, on smoking engaged in by Senator Kruse and, in part, on smoking by a FacilitiesServices employee.
The official valid complaints submitted to OHA in 2011, 2012 and 2013 do notspecifically identify Senator Kruse or a Facilities Services employee. The 11 complaints
submitted to OHA about ICAA violations in the Oregon State Capitol between January 14, 2009
and October 18, 2013 are listed below in their entirety (typographical errors in the original).
Date of Complaint Complaint Text
October 22, 2009 Smoke in senate east stairway.
October 24, 2009 People are smoking right next to the building by a door way and
next to a window which happens to be under cover in the “Beaver Courtyard”. This courtyard is in between the underground parkinggarage and the basement entrance and also it's next to Purchasing &
Supply in Rm #49 to the Capitol. My understanding is that the law
is 10 ft. from a door and also 10 ft. from a window or from the building, which would put the smokers out in the middle of the
courtyard to be legal. Please check for compliance of the law.
Please check all entrances as this law is not being followed and
ELLEN F. ROSENBLUMAttorney General
FREDERICK M. BOSDeputy Attorney Gene
8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
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Dexter JohnsonMay 16, 2016Page 2
they need to be educated as to what's the proper distance for smokers to go smoke. Thank-you.
November 20, 2009 Smoke in east senate stairwell
May 25, 2010 Some staff are still smoking right outside the windows instead of
standing or sitting 10 feet away. The smoke then wafts through thewindows into the offices.
December 21, 2011 Smoking in east senate stairwell ground floor.
November 2, 2012 Smoke in east senate stairwell coming from s15 person smoking incornor and smoke drifts into stairwell.
December 3, 2012 Smoking in boiler room where i have to work
June 25, 2013 Smoking in s-15 mechinical room.
September 5, 2013 Smoking in boiler mechanical room s-15.
October 17, 2013 There is still smoking going on in s-15 by the same person. It has
been since January when they were informed about it and in
September they might look into it.
October 18, 2013 While taking state parks ground crew into s-15 the person wassmoking at the sink and spraying cleaner on smoke hurring to put itout.
On February 23, 2016, Lore Christopher sent an email to the ICAA general mailbox and
left a voice mail on the ICAA complaint line to inquire about advice for how to handle the
situation of a state senator smoking indoors. She did not indicate who the state senator was.Lore Christopher also contacted Emily de Hayr of the Marion County Health Department. On
February 26, 2016, Emily de Hayr contacted OHA to relay that she recommended that
Legislative Administration submit a complaint to OHA regarding Senator Kruse smokingindoors so OHA could take action. Emily de Hayr said the Legislative Administration was
reluctant to file a complaint as they did not feel it would change Senator Kruse’s behavior. Nocomplaint was filed.
Included in your May 9th letter was a summary of complaints describing eye-witness
accounts of Senator Kruse smoking in his office and in his vehicle, in the enclosed parkinggarage, at the State Capitol during the 2016 legislative session. Based on the complaints
received, Senator Kruse could be in violation of:
OAR 333-015-0078(1)(a) – Smoking, aerosolizing, vaporizing or carrying a lightedsmoking instrument or inhalant delivery system in an area where smoking, aerosolizing
or vaporizing of inhalants is prohibited.
In response to these complaints, consistent with OHA’s enforcement rules, specificallyOAR 333-015-0075, OHA issued a Warning Letter to Senator Kruse on May 16, 2016.
8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
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Dexter JohnsonMay 16, 2016
Page 3
If OHA receives additional complaints, with specific information relating to Senator Kruse,
about these violations, OHA may pursue civil penalties (ORS 433.855, 433.860).
Sincerely,
Shannon K. O'Fallon
Senior Assistant Attorney General
Health and Human Services Section
SKO:etb/JUSTICE-#7381436-v1
cc: Lore Christopher, Human Resources Director, Oregon Legislature
BethAnne Darby, External Relations Director, Oregon Health AuthorityKaren Girard, Health Promotion and Chronic Disease Section Manager, Oregon Health Authority
Attachments:
OHA Warning Letter to Senator KruseMemo to employees at State Capitol re: compliance with ICAA
8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
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PUBLIC
HEALTH DEPARTMENT
Health
Promotion
Chronic Disease
Prevention
Kate Brown,
Governor
WARNING
LETTER
May
16, 2016
Senator Jeff Kruse
900 Court
St.
NE,
S-315
Salem.
OR 97301
800 NE
Oregon
Street, Suite 730
Portland,
OR97232
(e71
)
673-0984
(971
)
673-0994
Fax
Dear
Senator
Kruse.
This Warning
Letter is
notification from
the Oregon
Health
Authority
(OHA)that
you
may be in violation
of
Oregon's Indoor
Clean Air
Act
(ICAA)
ORS 431.835-433.875
and
433.990(5).
Oregon's ICAA protects nearly every Oregon employee and people in public places from
the
health
risks
of secondhand smoke.
The
ICAA
prohibits
smoking, vaporizing
or aerosolizing
indoors in
places
of
employment,
indoor
public places
and within
10
feet of
all entrances, exits,
accessibility ramps
that lead
to and from
an entrance or exit, windows
and
air-intake
vents.
On May
9,
2016 OHA received
a summary
of complaints describing
eye-witness
accounts of
you
smoking
in
youroffice
and in
yourvehicle,
inthe
enclosed
parking garage,
atthe
State
Capitol during
the 2016
legislative
session.
Based
on
the
complaints received;
you
could be in violation
of
.
OAR 333-015-0078(1)(a)
-
Smoking, aerosolizing, vaporizing
or
carrying
a lighted
smoking
instrument
or
inhalant
delivery system
in
an
area where
smoking, aerosolizing
or vaporizing
of
inhalants is prohibited;
The ICAA is a complaint-driven
law. lf
OHA receives additional
complaints
about
your
violation
of
the
ICAA,
OHA may
pursue
civil
penalties
(ORS
433.855,
433,860),
lf
you
have
any
questions
about this letter or
the
ICAA,
please
contact
me at karen.e,[email protected],us
or
(971)
673-1046. Thank
you
for
your
cooperation.
Sincerely,
(nran
}u-or'il.
Karen
Girard, MPA
Health Promotion
and Chronic Disease
Section Manager
Public Health Division
Oregon Health
Authority
CC:
Lore Christopher,
Human Resources
Director,
Oregon Legislature
Dexter
Johnson, Legislative
Counsel, Oregon
Legislature
BethAnne Darby, External
Relations
Director, Oregon Health Authority
Shannon O'Fallon, Senior Assistant
Attorney
General, Department of
Justice
8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
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OHA 0196 (3/12
Public Health Division, Oregon Health Authority
Memorandum
To: Legislative Administration Committee Employees
From: BethAnne Darby, External Relations Director, Oregon Health Authority
CC: Karen Girard, Section Manager, Health Promotion and Chronic Disease Prevention, OregonPublic Health Division
Date: May 23, 2016
Subject: Oregon Indoor Clean Air Act (ICAA) and the State Capitol
Oregon Indoor Clean Air Act (ICAA)
Oregon's Indoor Clean Air Act (ICAA) protects nearly every Oregonian from the health risks of secondhand smoke in workplaces and public places. The ICAA prohibits smoking, aerosolizingand vaporizing of inhalants indoors in places of employment, indoor public places and within10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit,windows and air-intake vents.
ICAA Enforcement
The Oregon Health Authority (OHA) has enforcement authority for the ICAA. Enforcementprotocols are outlined in OAR 333-015-075. OHA works with businesses, public places andplaces of employment to help them comply with the law and follow procedures for actionablecomplaints.
The ICAA is a complaint-driven law. Employees at the State Capitol who observe violations of the law should file complaints with the Oregon Health Authority. Information about thecomplaint process is available online at http://www.healthoregon.org/morefreshair .
Complaints can be submitted by:1. Completing an online complaint form at
http://public.health.oregon.gov/PreventionWellness/TobaccoPrevention/SmokefreeWorkplaceLaw/Pages/complaints.aspx or
2. Calling 1-866-621-6107.
Compliance with the law
Compliance with the law can be promoted by:
PUBLIC HEALTHDIVISION
Kate Brown, Governor
8/16/2019 Re: Indoor Clean Air Act Violations in State Capitol building
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Talking with your coworkers about the law.
Informing coworkers, and the public, about the law when violations are observed.
Ensuring “no smoking or vaping within 10 feet” signs are posted at all building entrancesand exits.
Removing ashtrays and other receptacles for smoking debris (e.g. butts, ashes) andinhalant delivery system debris (e.g. e-liquid containers, packaging) from outdoor locations within 10 feet of entrances, exits, accessibility ramps, windows or ventilation
intakes. Encouraging coworkers who smoke or vaporize to quit.
o Encourage them to call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish speakers, 1.855.DEJELO-YA (1.855.335356.92)
o Or go to www.quitnow.net/oregon or www.quitnow.net/oregonsp (Spanish).
Legal Action
If compliance is not achieved and maintained, then OHA may issue civil penalties or pursuefurther legal actions against individual violators of the ICAA (ORS 433.855, 433.860).