Smoke-Free Campus Guidelines

Smoke-Free Campus Guidelines

University Nondiscrimination Statement Iowa State University does not discriminate on the basis of race, color, age, religion, national origin, sexual orientation, gender identity, sex, marital status, disability, or status as a U.S. veteran. Inquiries can be directed to the Director of Equal Opportunity and Diversity, 3280 Beardshear Hall, (515) 294-7612.

Directory of Service and Emergency Providers Department of Public Safety Armory 294-4428 or 911 on campus www.dps.iastate.edu Thielen Student Health Center Sheldon and Union Drive 294-5801 www.health.iastate.edu McFarland Clinic Occupational Medicine 1018 Duff Avenue 239-4496 Mary Greeley Medical Center (Emergency Room) 1111 Duff Avenue 239-2011 or 911 Environmental Health and Safety 2809 Daley Drive 294-5359 www.ehs.iastate.edu Occupational Medicine Office G11 TASF 294-2056

Introduction Iowa Smokefree Air Act Iowa lawmakers passed the Smokefree Air Act, effective July 1, 2008, to protect employees and the general public from exposure to tobacco smoke. The Smokefree Air Act prohibits smoking in almost all public places and enclosed areas within places of employment, as well as some outdoor areas. Smoke-Free Campus It is the policy of Iowa State University to comply with the Smokefree Air Act by declaring the entire university grounds and properties a smoke-free campus. This policy applies to all university employees, students and visitors and covers all university owned, leased or operated vehicles, buildings, property, and grounds under the control of the university. Definitions For the purpose of the Smokefree Air Act, The university is a school and public educational facility governed by the Board of Regents, State of Iowa, pursuant to Iowa Code section 262.7. The grounds of the university include: parking lots, athletic fields, playgrounds, tennis courts, and any other outdoor area under the control of the university, including inside any vehicle located on such [university] grounds. Smoking material includes: lighted cigar, cigarette, pipe, or other tobacco product in any manner or form including ash, cigarette butts or filters, or cigar stubs. 1

The Smokefree Air Act prohibits smoking in all public and private school buildings and on any grounds under the control of the schools, including inside any vehicle located on those grounds. Under the act, Iowa State University is defined as an employer, a school and a public educational institution. Anyone entering the grounds of the university shall extinguish any smoking material at the perimeter of the grounds of the university. 2

Regulatory Requirements Public smoking in Iowa is governed by strict regulatory controls. The primary regulatory authority for public smoking is the Iowa Department of Public Health (IDPH). Applicable sections of the Smokefree Air Act that relate to the campus community are found in Iowa Code Chapter 142D, and the rules and regulations of the IDPH found at Iowa Administrative Code Section 641, Chapter 153. It is the policy of Iowa State University to comply with the Smokefree Air Act by declaring the entire university grounds and properties as a smoke-free campus. Prohibition of Smoking on Iowa State University Properties Smoking is prohibited and a person shall not smoke in any of the following enclosed areas: enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairs, and stairwells vehicles owned, leased or provided by the university privately owned vehicles when operated or parked on the grounds of the university Smoking is prohibited and a person shall not smoke in or on any of the following outdoor areas: entire grounds of the university seating and parking areas of outdoor sports arenas, stadiums, amphitheaters and other entertainment venues where members of the general public assemble to witness entertainment events Iowa State University Farms Veenker Memorial Golf Course 3

The sale, sampling or advertisement of all tobacco products is prohibited on university property or at university sponsored events in accordance with university Trademark Management policy. Areas Where Smoking is Not Regulated For all areas exempted under the Iowa rules and university policy, the area will be clearly designated and posted. The following exceptions apply: Smoking will be allowed in designated private apartments in university housing in accordance with Department of Residence policy. Smoking will be allowed in an enclosed area within the university that conducts a medical or scientific research or therapy program, if smoking is an integral part of the program. While smoking is permitted in designated private apartments, smoking is not allowed in enclosed common areas of those apartment buildings, including (but not limited to): reception areas, lobbies, hallways, laundries, elevators, stairways or stairwells, or other areas to which the public is invited or in which the public is permitted. Smoking is permitted beyond the university grounds and on property in which the owner permits smoking. City streets and sidewalks (for example, Lincoln Way or Sheldon Avenue) that form a boundary to the university grounds are not included in the grounds of the university, and smoking is permitted on the sidewalk next to those city streets. However, institutional streets within the campus (for example, Union Drive, Osborne Drive and Pammel Drive) are on university grounds, and smoking is not permitted. Persons who do go to the perimeter of the university grounds to smoke are requested to extinguish all smoking materials and place them in appropriate receptacles prior to returning to campus. Administrative Controls All members of the Iowa State University community are responsible for observing the provisions of the Smokefree Air Act and share 4

responsibility for compliance. Duties of persons occupying university properties by employment shall: uphold the Smokefree Air Act rules and policies not permit smoking where smoking is prohibited by rule inform all current employees, prospective employees, customers, vendors, contractors, and visitors of Smokefree Air Act rules and policies 5

Roles and Responsibilities Iowa Department of Public Health The Smokefree Air Act designates that the law shall be enforced by the IDPH or the department s designee. IDPH adopted rules to administer this chapter, including rules regarding enforcement. IDPH shall provide information regarding the provisions of the law and related compliance issues via the IDPH website. The primary goal of the IDPH is to promote compliance with the Smokefree Air Act. To help achieve this, IDPH will focus on educating the public and business owners about the Smokefree Air Act. Iowa State University Iowa State University is required to take certain actions in order to comply with the Smokefree Air Act. Employers have a responsibility to inform all current employees and all prospective employees upon application for employment about the requirements of the law. All ashtrays must be removed from areas where smoking is prohibited. Smoke-Free Campus signs, which meet the requirements of the law must be clearly posted at all entrances to areas where smoking is prohibited, including designated seating areas of outdoor entertainment venues. A proprietor must inform any individual smoking in a place where smoking is prohibited that the individual is violating the Smokefree Air Act and request that the 6

individual stop smoking immediately. If an individual refuses to stop smoking, the proprietor may ask them to leave the property. Public Safety The Department of Public Safety (DPS) will coordinate compliance with the law on campus. DPS will serve as the IDPH liaison for Iowa State University. DPS will serve as the oncampus contact point for smoking concerns and complaints and maintain a log of smoking complaints. Iowa State University police officers are responsible for routine patrol of the Iowa State University campus and may issue citations to a person who smokes in an area where smoking is prohibited. IDPH designates law enforcement authorities of the state and of each political subdivision of the state to assist with the enforcement of the Smokefree Air Act. Facilities Planning and Management Facilities Planning and Management (FP&M) will be responsible for posting and maintaining signage required by the Smokefree Air Act. As custodian of university grounds, FP&M will remove ashtrays as required by law, place and maintain cigarette receptacles along the perimeter of the campus and respond to grounds-related requests. FP&M also has the responsibility for informing construction contractors that the Iowa State University campus is smoke free. Complaints received about smoking at construction sites will be forwarded to FP&M and the appropriate construction manager will be responsible for warning the contractor and/or subcontractor. University Administration Iowa State University administration supports the rules set forth by the Smokefree Air Act by enacting and supporting the Smoke-Free Campus Policy. University Counsel University Counsel shall be responsible for advising on any response to Notices of Violation from IDPH and other legal issues that may arise regarding the implementation and 7

enforcement of the Smokefree Air Act and Smoke-Free Campus Policy. Human Resource Services Human Resource Services (HRS) shall be responsible for informing prospective employees of the Smoke-Free Campus Policy as required by the provisions of the Smokefree Air Act. HRS is responsible for outlining disciplinary action steps in the appropriate employee handbook or collective bargaining contract and shall be responsible for working with individual departments that pursue disciplinary action against employees that violate the Smoke-Free Campus Policy. Building Supervisor DPS will notify building supervisors or their designee of complaints received pertaining to their buildings and/or staff and students. The building supervisor will be responsible for disseminating this information to their building occupants (including students and visitors). Buildings/Departments Departments are responsible for disseminating complaint information to departmental staff, students and visitors. Departments are responsible for disciplining personnel or student violators. Building occupants are encouraged to patrol their building and grounds near their building for violations of the Smoke-Free Campus Policy. Violators should be reported to DPS or the appropriate department for disciplinary action. 8

Community Faculty, Staff, Students, Visitors, Contractors Iowa State University faculty, staff and students as well as visitors and contractors must comply with the provisions of the Smokefree Air Act by refraining from smoking at all times while on university property. University employees are encouraged to inform an individual who is smoking on university property that they are in violation of the Smokefree Air Act and ask the individual to stop smoking immediately. If the individual refuses to stop smoking, then they may be asked to leave the area where smoking is prohibited. If the individual refuses to leave, local law enforcement officials should be contacted. 9

Reporting Mechanism for Complaints Complaint reporters must provide sufficient information about the incident, including the violator s name, location (including license number if in a vehicle), date and time in order for the complaint to be addressed. If a violator is not specifically identified, the response to the complaint cannot include citations or disciplinary action. Complaints should be filed within 10 days of observing potential violation(s), in order to facilitate a timely investigation. Reporters should give their name and phone number or email address as it may be necessary to verify information received. Anonymous complaints are very difficult to investigate. The names of reporters will not be released to the party being investigated. Concerns or complaints that involve university property may be directed to: submitting a Smoking Complaint Form, available on the Smoke-Free Campus website. Reporters that provide their email address will receive an email confirming receipt of their complaint. Department of Public Safety at: calling 294-4428 Iowa Department of Public Health by: calling, toll-free 1-888-944-2247 registering a complaint on the Iowa Smokefree Air Act website. downloading a complaint form and mailing it to IDPH at: 10

Department of Public Health Division of Tobacco Use Prevention and Control Lucas State Office Building 321 East 12th Street Des Moines, IA 50319 11

Enforcement Iowa Department of Public Health The Smokefree Air Act designates IDPH responsible for enforcement. The primary goal of the enforcement process is to achieve voluntary compliance by educating the public and business owners about the requirements of the law. The Smokefree Air Act gives IDPH the authority to designate an entity, or entities, to assist in enforcement of the law. IDPH has designated all state and local law enforcement agencies to assist with enforcement of the Smokefree Air Act. IDPH may refer complaints regarding a violation of the law to designated law enforcement authorities. IDPH will maintain a system for receiving and investigating complaints, and will contact the individual who filed the complaint to further investigate the details. Once it has been determined that a complaint is credible, IDPH may issue a notice of potential violation letter to the owner of the facility or business owner about which the complaint was filed. The notice will provide information to the business owner regarding the violation, provide information on how to become compliant with the Smokefree Air Act, and provide contacts for further information and assistance. For subsequent verified complaints within 12 months, IDPH may issue a notice of potential violation to the business owner and coordinate a compliance check of the business by a law enforcement official. Law Enforcement Agencies Any law enforcement officer may issue a citation to individuals smoking in areas where smoking is prohibited pursuant to Iowa Code Chapter 805.8C(3)a. A law enforcement officer has broad discretion about issuing a citation to an individual smoking in a prohibited area. An individual who smokes in an area where smoking is prohibited is subject to a civil penalty of $50 for each violation. 12