REPORT TITLE:
Smoking


DESCRIPTION:
Prohibits smoking in workplaces employing 2 or more employees.
This prohibition does not apply to the dining areas of
restaurants, bars, and hotel guest rooms. (SD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1231
THE SENATE                              S.B. NO.           S.D. 3
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 42F or chapter
 
 9           103F.] that employs two 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 and hallways are [not] enclosed for the purposes
 
13 of this chapter.
 
14      ["Office workplace"] "Workplace" means any enclosed
 
15 structure or portion thereof used by an employer[.], excluding a
 
16 partially enclosed structure."
 
17      SECTION 2.  Section 328K-13, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]328K-13[]]  Regulation of smoking in the [office]
 

 


 

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                                     S.B. NO.           S.D. 3
                                                             
                                                        


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

 
Page 3                                                     1231
                                     S.B. NO.           S.D. 3
                                                             
                                                        


 1           director of health for the determination of a
 
 2           reasonable accommodation.  Where the employer prohibits
 
 3           smoking in an office workplace, the area in which
 
 4           smoking is prohibited shall be clearly marked with
 
 5           signs.] Smoking is prohibited in all enclosed areas of 
 
 6 private workplaces and state-owned or state-controlled workplaces
 
 7 including state-owned or leased vehicles, except that an employer
 
 8 may make provisions for employees to smoke in a designated area
 
 9 of the workplace as long as the nonsmoking employees are not
 
10 directly impacted.  For employees subject to collective
 
11 bargaining, any provision to allow smoking in a designated area
 
12 of the workplace shall be a negotiable item.
 
13      (b)  [The smoking policy shall be announced within two weeks
 
14 of the vote of preferences of the employees in each respective
 
15 work area and posted conspicuously in all the affected
 
16 workplaces.] This section shall not apply to dining areas of food
 
17 service establishments and bars, or to meeting or banquet rooms
 
18 in hotels, motels, or other lodging establishments when used for
 
19 private functions, or to convention center facilities when used
 
20 for private functions or to the guest rooms of a
 
21 hotel/hotel-condo as defined in section 486K-1."
 
22      SECTION 3.  Section 328K-14, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 4                                                     1231
                                     S.B. NO.           S.D. 3
                                                             
                                                        


 1      "[[]328K-14[]]  Where smoking not regulated.  This chapter
 
 2 does not regulate smoking in the following places and under the
 
 3 following conditions within the State:
 
 4      (1)  Any property owned or leased by federal governmental
 
 5           entities; or
 
 6      (2)  [Private enclosed office workplaces occupied
 
 7           exclusively by smokers, even though such office
 
 8           workplaces may be visited by nonsmokers,] Workplaces
 
 9           located in private residences, excepting places in
 
10           which smoking is prohibited by a county fire department
 
11           or by other law, ordinance, rule, or regulation."
 
12      SECTION 4.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 5.  This Act shall take effect upon its approval.