Tobacco-Free
Workplaces
Sandy Bernier, CSW
Fond du Lac Co Health Department
Fond du Lac, WI
Raise your hand if…..

Your state has implemented a comprehensive
SF workplace law.
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Your state has passed but not yet implemented
a comprehensive SF workplace law.

Your state is still working on passing a SF
workplace law.
Policy continuum
Public
state policy
Public
community policy
“Building the
critical mass”
Public municipal policy
Voluntary workplace campus/grounds policy
Voluntary workplace building policy
Tobacco use causes substantial human
suffering
 It is the most preventable cause of disease
and death
 Tobacco addiction is a chronic disease

Benefits of Being Tobacco Free
Save peoples lives
 Improve employee’s health
 Lower health care costs
 Increase productivity
 Reduce absenteeism
 Reduce liability
 Longer careers
 Retention of talent

Smoke Free or Tobacco Free?
Tobacco-free emphasizes health for all,
not just innocent bystanders
 Clear and equitable policy for managers
 Promotes cessation rather than dual use
 May support “ideal” corporate image
 Changes societal norms

Tobacco Rates By Occupation
Smoking:
 Transportation/Material Moving 46%
 Waiters/Waitress 45%
 Construction Trades 40%
 Laborers, except construction 39%
 Fabricators, assemblers, inspectors
37%
 Health service occupations 35%
 Sales and retail workers 27%
 Executive administrators, managers
24%
 Secretaries 21%
 Teachers 12%
Smokeless tobacco:
 Males
 Youth/young adults
 Caucasians
 Military
 Athletes
Opportunity’s To Promote Policy
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Business is proactive
Local ordinance
State goes smoke-free
Types of Workplace Policies
Smoke-Free Workplace
 Smoke-Free Buildings and Grounds
 Tobacco Free
 Tobacco Free On/Off Duty
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Intent/Purpose of
Tobacco Free Workplace
“Protect the health, comfort, safety, and
welfare of the employees by prohibiting
tobacco use in the workplace.”
Policy Development
Develop a tobacco-free workplace
committee
 Review current policy
 Seek employee input (Union)
 Research state statutes (off duty) policy
 Decide on the type of policy

Working with Labor Unions
Labor unions and management both want
healthy workers, and safe and healthy
work environments
 Does the union have a stated position on
tobacco use?
 What is the opinion of labor relations
regarding whether a policy on tobacco use
must be negotiated?
http://workshifts.org/workSHIFTS.html

State "Smoker Protection" Laws

An employer’s ability to make employment
decisions based on whether someone
smokes off the job varies from one state
to the next.

Twenty-nine states and the District of
Columbia have laws in effect elevating
smokers to a protected class

Wisconsin1991WIS. STAT. §§ 111.31 et
seq
Scotts Miracle Grow
The Legal Ability to Mandate a Smoke-Free
Workforce
 Ohio Employers Can Hire Nonsmokers Only
In December 2005, Scotts Miracle-Gro, based in
Marysville, Ohio, announced that it will no
longer hire applicants that smoke. Scotts further
announced that current employees who do not
quit smoking by October 2006 may lose their
jobs, even if they smoke only outside of work.
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City of FDL Police Dept.
PRE-EMPLOYMENT AGREEMENT
between the CITY OF FOND DU LAC POLICE
DEPARTMENT
And_________________________________________
_____________________ (please print)
 The applicant by signing below, agrees to recognize
his/her part and agrees not to smoke or use any type of
smoking materials or tobacco during their employment
with the City of Fond du Lac, while on or off duty.
Violation of this agreement will be cause for immediate
dismissal.
 Agreed to by: ________ Date: ________

City of FDL Fire Department




PRE-EMPLOYMENT AGREEMENT
between the
CITY OF FOND
DU LAC FIRE DEPARTMENT And
(PLEASE PRINT)A Firefighter / Paramedic’s duties and responsibilities
sometimes require working in a smoke-filled environment and/or hazardous
environment.
In recognition of these occupational hazards, special privileges are granted
to firefighters regarding disability retirements State Statute 40.65 (Heart and
Lung Bill).
The City recognizes the need to minimize effects on employees and
provides self-contained breathing apparatus for all hazardous situations.
The applicant by signing below, agrees to recognize his/her part and agrees
not to smoke or use any type of smoking materials or tobacco during his/her
employment with the City of Fond du Lac, whether on or off duty.
Violation of this agreement will be cause for immediate dismissal.
FDL Fire Chief Peter O'Leary
"Heart attack is the number one killer of firefighters in
our country. The City of Fond du Lac fire
department's proactive stance to restrict tobacco
use by its members which we hope will prevent heart
attacks. We hope our approach serves as a model for
the people of our community."
Sample Policy
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Best policy has clear and simple
language
Determine coverage for cessation
Identify personnel involved with
implementation and compliance
Make sure your procedures have
clear guidelines
www.tobwis.org
Smokeless Tobacco
City of FDL Smoke-Free Ordinance

October 22, 2008 City of FDL passed a
comprehensive Smoke-Free workplace
ordinance

January 2, 2009 the ordinance was implemented
128 Fond du Lac county residents
die from tobacco related illnesses each year
FDL Reporter
Oct. 9, 2008 — Council takes testimony
from both sides of proposed citywide
workplace smoking ban.
 Oct. 22, 2008 — City Council, in a 4-3
vote, adopts ordinance that bans smoking
in all city workplaces. The ordinance
includes taverns and bowling alleys.
 Feb. 2, 2009 — Amended start date.
Smoking ban begins at 6 a.m.

http://web.mac.com/creativerep/WiNTiP_Site_1/WiNTiP_Home.html
Front page of the FDL Paper

The Emotional Testimony Vote Night
Smoke-Free Workplace Ordinance
9.15
All workplaces
 Private Clubs
 One entrance must be smoke-free
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Education
Identify partners for collaboration
 Create communication opportunities
 Implement count down and timeline
 Develop FAQ

Tobacco-Free Workplace Toolkit
No-smoking /Tobacco Free Workplace
Signage
 Posters
 Frequently asked questions
 Cessation Information
www.fdlco.wi.gov
http://www.ctri.wisc.edu/HC.Providers/health
care_mental.health.htm

Implementation Resources
On-Line
No Smoking Signs
 Posters
 Check Stub Stuffers
 Frequently Asked Questions

www.goingsmokefree.org
Implementing the Policy
Start from the top-down: Management →
Supervisors → Line Workforce
 Distribute notification to workers and
public
 Understand that not everyone will quit
using tobacco, recognize tobacco use is
addictive, and know quitting is hard work

Prior to Implementation
Post visible signage
 Remove ashtrays
 Identify creative ways to inform public
 Communicate a clear message of the
consequences of non-compliance
 The workplace policy applies to all levels
of employees

Continue a visual countdown

Start the countdown at least 6 months
prior to implementation
Frequently remind employees, vendors,
community members using a consistent
message
 Provide communication early on with
supervisors, managers, anyone
responsible for enforcement

Encouraging Compliance
Focus on the product, not the individual
 Information and resources vs. Punishment
 Goal is safe and healthy workplace
 Have compassion for those who are
addicted

Sustaining
Stay on the public health message
 Human Resource Managers should review
policies, procedures, and benefits as
needed
 Continue to offer cessation information to
employees

Evaluate and Modify
How was it implemented?
 Implemented as planned?
 Need modifications?
 Based upon the most recent evidencebased recommendations for tobacco
cessation?
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Share Your Success
Workplace newsletters
 Local Media
 Local and State Legislatures
 Blog, Twitter, Face book
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http://smokefreeoregon.com/college/index.php
Thank You
Questions
Sandy Bernier: sandy.bernier@fdlco.wi.gov
Lynn Hrabik: hrabik@wisc.edu