REPORT TITLE:
Smoking


DESCRIPTION:
Prohibits smoking in state workplaces.  Requires employers with
two or more employees to adopt a smoking policy.  (HB297 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        297
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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 as follows:
 
 3      1.  Adding the definition of "partially enclosed workplaces"
 
 4 to be appropriately inserted and to read:
 
 5      ""Partially enclosed workplaces" means any workplace not
 
 6 having four contiguous walls and a roof."
 
 7      2.  Amending the definitions of "employer", "enclosed", and
 
 8 "office workplace" to read:
 
 9      ""Employer" means [any]:
 
10      (1)  All state [or] and county [agency, or any] agencies;
 
11           and
 
12      (2)  Any private corporation, firm, or association [which
 
13           receives state funds under chapter 42D.] that employs
 
14           two or more persons.
 
15      "Enclosed" means closed in by a roof and four walls with
 
16 openings for ingress and egress.   [Areas] Partially enclosed
 
17 workplaces and areas commonly described as [public] lobbies,
 
18 hallways, and roofed malls that are not enclosed shall not be
 
19 considered enclosed for the purposes of this chapter.
 

 
Page 2                                                     297
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      ["Office workplace"] "Workplace" means any enclosed
 
 2 structure or portion thereof used by an employer.  For the
 
 3 purposes of this chapter, any enclosed workplace:
 
 4      (1)  Not sharing a common ventilation system with another
 
 5           enclosed area; and
 
 6      (2)  Occupied by a single individual,
 
 7 shall be excluded from this definition."
 
 8      SECTION 2.  Section 328K-13, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]328K-13[]]  Regulation of smoking in the [office]
 
11 workplace.  [(a)  Each employer in the State shall within three
 
12 months after June 24, 1987, adopt, implement, and maintain a
 
13 written smoking policy which shall contain, at the minimum, the
 
14 following provisions and requirements:
 
15      (1)  That if any nonsmoking employee objects to the employer
 
16           about smoke in the employee's workplace, the employer,
 
17           using already available means of ventilation or
 
18           separation or partition of office space, shall attempt
 
19           to reach a reasonable accommodation, insofar as
 
20           possible, between the preferences of nonsmoking and
 
21           smoking employees; provided that an employer is not
 
22           required by this chapter to make any expenditures or
 

 
 
 
Page 3                                                     297
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           structural changes to accommodate the preferences of
 
 2           nonsmoking or smoking employees; and
 
 3      (2)  That if an accommodation which is satisfactory to all
 
 4           affected employees cannot be reached in any given
 
 5           office workplace, the preferences of a simple majority
 
 6           of employees in each specifically affected area shall
 
 7           prevail and the employer shall accordingly prohibit or
 
 8           allow smoking in that particular area of the office
 
 9           workplace.  If the employer's decision is
 
10           unsatisfactory to the nonsmoking employees, a simple
 
11           majority of all nonsmoking employees can appeal to the
 
12           director of health for the determination of a
 
13           reasonable accommodation.  Where the employer prohibits
 
14           smoking in an office workplace, the area in which
 
15           smoking is prohibited shall be clearly marked with
 
16           signs.]  (a)  Smoking is prohibited in all areas of
 
17           state-owned or state-controlled workplaces, including
 
18           state-owned or leased vehicles.
 
19      (b)  Each employer, within six months after the effective
 
20 date of this Act, shall adopt, implement, and maintain a written
 
21 smoking policy prohibiting smoking in all enclosed workplaces.
 
22 The policy shall contain the requirement that where the employer
 

 
 
 
Page 4                                                     297
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 prohibits smoking in a workplace, the employer shall clearly mark
 
 2 with signs the area in which smoking is prohibited.
 
 3      (c)  This section shall not apply to:
 
 4      (1)  Dining areas of food service establishments and bars;
 
 5      (2)  Meeting or banquet rooms in hotels, motels, or other
 
 6           lodging establishments when used for private functions;
 
 7      (3)  Convention center facilities when used for private
 
 8           functions;
 
 9      (4)  The guest rooms of a hotel/hotel condo as defined in
 
10           section 486K-1; and
 
11      (5)  Partially enclosed workplaces."
 
12      SECTION 3.  Section 328K-14, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]328K-14[]]  Where smoking not regulated.  This chapter
 
15 does not regulate smoking in the following places and under the
 
16 following conditions within the State:
 
17      (1)  Any property owned or leased by federal governmental
 
18           entities; or
 
19      (2)  [Private enclosed office workplaces occupied
 
20           exclusively by smokers, even though such office
 
21           workplaces may be visited by nonsmokers, excepting]
 
22           Workplaces located in private residences, except in
 

 
 
 
Page 5                                                     297
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           places in which smoking is prohibited by a county fire
 
 2           department or by other law, ordinance, rule, or
 
 3           regulation."
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.