The Indian smoke-free law: An The Indian smoke-free law: An

overview of the Worksite overview of the Worksite

Wellness resource kit and Wellness resource kit and

postersposters

Monika AroraHead: Health Promotion and Tobacco Control, PHFI

&Director HRIDAY

Overview of presentation

I. Smoke-free law

II. Smoke-free workplaces tool-kit

III. Smoke-free posters

IV. Statement of commitment

“Ever since I have been grown up, I have never

desired to smoke and have always regarded the

habit of smoking as barbarous, dirty and

harmful. I have never understood why there is

such a rage for smoking throughout the world. I

cannot bear to travel in a compartment full of

people smoking. I become choked.”

- Mahatma GandhiTHE STORY OF MY EXPERIMENTS WITH TRUTH

PART 1, CHAPTER VIII

And it took us nearly a century to realize this fact.

Why Smoke-free…?

Scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke causes death, disease and disability.

There is clear scientific evidence that prenatal exposure to tobacco smoke causes adverse health and developmental conditions for children.

The right of everyone to the enjoyment of the highest attainable standard of physical and mental health is recognized under ICESCR, WHO Constitution, CEDAW and the CRC

The constitution of India recognises right of every person to pollution free clean air.

Supreme Court declared it as law of the land since 2001.

Hazards of Second Hand Smoke

Secondhand smoke exposure causes heart disease and lung cancer in nonsmoking adults.

Nonsmokers who are exposed to secondhand smoke at home or work increase their heart disease risk by 25–30% and their lung cancer risk by 20–30%.

Harms the cardiovascular system that can increase the risk of heart attack. People who already have heart disease are at especially high risk.

Causes respiratory symptoms in children and slows their lung growth.

Causes sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more frequent and severe asthma attacks in children.

There is no risk-free level of secondhand smoke exposure.

In the USA, most exposure to tobacco smoke occurs in homes and workplaces.

India is now free from tobacco smoke On October 2nd 2008, India introduced new regulations to make

virtually all public places and workplaces in the country smoke-free.

Section 4 of the Cigarette and Other Tobacco Products Act

categorically provides that:

“No person shall smoke in a public place”

Section 3 (l) of the Act defined Public place to mean:“any place to which the public have access, whether as of right or not,

and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings,

educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any

open space”

However, the rules first notified in 2004 and again in 2008 covered

important open public palaces by providing that “open space”

“shall not include any place visited by the public such as open

auditorium, stadium, railway station, bus stop and such other

places”

Salient features of the smoke-free law A law in consonance with international

obligation under Article 8 of the WHO Framework Convention on Tobacco Control

With broad objectives to:◦ Protect non-smokers’ right to pollution free clean air◦ Impose progressive restrictions ◦ Improve public health.

And appropriate punishments for violations

Smoke-free is possible

Nearly 335 million people globally live in

smoke-free environments.

Smoke-free air laws work. They are

popular, effective, good for the business,

and compliance rates are very high.

No wonder they are spreading so quickly

worldwide.

Smoke-free works

The Health and Economic Impact of New York’s Clean Indoor Air Act revealed that:◦ Exposure to SHS declined markedly among hospitality

workers as did self-reported sensory irritation (eye, nose, and throat).

◦ The law has not had an adverse financial impact on bars and restaurants.

A Study in Helena, Montana revealed:◦ during the 6 months in which the law was implemented,

the number of admissions for AMI decreased significantly compared with levels before the law was implemented and after the law was suspended (about 40%).

The Smoke-Free New York City: A One-Year Review

Business tax receipts in restaurants and bars are up 8.7%;

Employment in restaurants and bars has increased by 10,600 jobs (about 2,800 seasonally adjusted jobs) since the law’s enactment;

97% of restaurants and bars are smoke-free; New Yorkers overwhelmingly support the law; Air quality in bars and restaurants has improved

dramatically; Levels of cotinine, a by-product of tobacco,

decreased by 85% in nonsmoking workers in bars and restaurants; and

150,000 fewer New Yorkers are exposed to second-hand smoke on the job.

Public Places (as per sec.4) auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, bars, discotheques, refreshment rooms, banquet halls, canteen, coffee house, pubs, airport lounge (airports can

have a facility of providing separate smoking lounge)

public offices,

court buildings, educational institutions, libraries, WORKPLACES (PRIVATE

OFFICES) banks shopping malls cinema halls open auditorium historical monuments public parks stadium railway station bus stop public conveyances And the like which are visited

by general public

Public place must have the following Sign Board

At every…!!• Entrance;• Floor;• Staircase;• Entrance of the Lift; and• Conspicuous place(s)

inside

Prominently display the name of the person to whom a complaint may be made in case of violation of the regulations.

No Ashtray, Matchsticks, lighters or other things are placed to facilitate smoking

Authorized by the Central GovernmentSI. No Persons Authorised to take action Description of

1. Inspector of Central Excise/Income Tax, Customs/Sales Tax/ Health/ Transport and above.

All public places within their jurisdiction

2. Station Masters/Asst Station Master/ Station Head/ Station Incharge.

Railways and all its premises

3. All gazetted officers of State/Central Govt. or equivalent rank and above in Autonomous organizations/ PSU

Govt Offices / premises and offices of Autonomous bodies and corporations.

4. Director/ Medical Superintendent/Hospital Administrator.

Government and private Hospitals

5. Post Master and Above Respective Post Offices in their jurisdiction.

6. Head of the Institution/HR Manager/Head of Administration

Private Offices / Workplaces

7. College / School / Headmaster Principal/Teacher Respective Educational Institutions

8. Librarian /Asstt. Librarian/Library in-charge/ other administrative staff in library.

Libraries / Reading Rooms.

9. Airport Manager/Officers of Airport Authority of India and Officers of all schedule Airlines

Airports

10. Dir Public Health/ Director Health Services All Public Places11. In charge Administration in Central/ State Govt. All Public Places12. Nodal Officers/Focal Points of Anti-Tobacco Cell at

District and State levelAll Public Places

Prototype of a challan

Responsibility of the In-charge at Workplaces

Ensure that correct signages are displayed at

appropriate places within the workplace.

A person is designated to attend to any complaint

of violation of the smoke-free rules.

Ensure that appropriate action is taken in case of

any violation on site.

Delhi High Court has already laid that under the

new rules in-charge of a public place (including

workplaces) is competent to issue challan and

collect fines and deposit the same to exchequer.

Toolkit on

Smoke-free

Healthy

Workplaces

Section I: Smoke- free Workplaces

o Need for “Workplace Wellness Initiative”

o Obligation under FCTC and COTPA (Indian

Law)

o Adverse health effects of tobacco smoking at

workplaces Occupational diseases

Cardiovascular

Cancer

Impact on women

Impact on children

Respiratory and Lung diseases

o Benefits of smoke-free workplaces• For employers

• For Employees

o Strategies to make workplaces smoke-free• Build a smoke-free policy

• Create a supportive workplace environment

• Provide occupational health services

o Myths and Realities about smoke-free

workplaces• Myth created by the tobacco industry and the reality

proved by research

Contd…

Section II: Case Studies on Smoke-free Workplaces

• Workplaces Johnson and Johnson- March,

2008

• Rajasthan Police Academy- May 2008

• Dell India- October, 2008

• Bangalore Metropolitan Road Transport

Corp- November, 2005

Best smoke-free global practices

Around 20 countries have

implemented smoke-free policies in

all public places to a great extent

Frequently Asked Questions

Answers to apprehensions which a

workplace might have

Contd…

Section III: Workplace Tobacco

Cessation

oHelping employees quit

tobacco use

Employers have a responsibility to provide

cessation information/support to

employees

Options available for tobacco cessation

Quitline by American Cancer Society

Workplace Smoke-free Posters

PHFI and HRIDAY in consultation with other partners is developing series of posters targeted to multi-audiences from different worksite setups, including but not restricted to:

◦ Cafeterias - Working floors◦ Factories - Mines◦ Hospitals - Banks ◦ Board rooms - Airports◦ Garages - Hotels and

Restaurants◦ Malls - Indoor construction sites

Statement of commitment

We look forward to a long term partnership with the corporate houses in promoting wellness at worksites and hope that there is expressed a commitment to this initiative.

We propose that this is documented and expressed at an appropriate fora like the 14th WCTOH in Mumbai.

We believe we would have corporate houses committing their support to:

Smoke-free workplaces Facilitating cessation services at worksites Health promotion activities

Thank YouThank You