Sunday, Feb. 27, 2005
Recent stories
FAQs about second-hand smoke
Q: How many people in Rhode Island smoke?
A: The Department of Health estimates that 22.2 percent of all adults in Rhode Island in 2003 were smokers -- that's about 173,000 adults. In addition, about 17 percent of high school age Rhode Islanders smoked then, down from 35 percent in 1997.
Q: How many cigarettes were sold in the last year in Rhode Island?
A: About 59.5 million packs of cigarettes were sold during the last calender year based on the number of state tax stamps.
Q: What is second-hand smoke?
A: The federal Centers for Disease Control and Prevention says that second-hand smoke is a combination of smoke given off by the burning of tobacco products and the smoke exhaled by smokers. The CDC says that it contains a mixture of more than 4,000 chemicals, more than 50 of which are carcinogens, cancer-causing agents.
Q: What are the effects of second-hand smoke?
A: The CDC says that second-hand smoke is associated with an increased risk for lung cancer and coronary heart disease in nonsmoking adults. Exposure to second-hand smoke is also associated with an increased risk for sudden infant death syndrome (SIDS), asthma, bronchitis, and pneumonia in young children.
Q: How many people die each year in Rhode Island because of second-hand smoke?
A: About 200 people.
Q: What is the cost of treating people for illnesses directly related to second-hand smoke?
A: Each year, $396 million is spent in Rhode Island to pay for health care that is directly related to tobacco, according to the state Department of Health. This covers everything from doctors visits to medications to chemotherapy.
Q: Is second-hand smoke dangerous?
A: In 1993, the federal Environmental Protection Agency classified
second-hand smoke as a class A carcinogen, like asbestos and radon. The Health
Department says there is no safe level of exposure to second-hand smoke.
Q: How much smoke can someone really inhale from being in a restaurant or bar?
A: The Department of Health says that working an 8-hour shift in a smoky bar is the same as smoking 16 cigarettes.
Q: Where can I find more information about second-hand smoke?
A: http://www.cdc.gov/tobacco/
factsheets/ secondhandsmokefactsheet.htm
The law also bans smoking in places used by the general public, including professional
offices, banks, laundromats, hotels and motels.
Q: Will the creation of a nonsmoking section allow a business to keep its smoking
section?
A: No. The entire business need to be nonsmoking.
Q: Can offices keep indoor smoking break rooms?
A: No. Smoking is prohibited in any indoor workplace.
Q: What about outdoor smoking areas?
A: Employers may set up an outdoor smoking area, but it must be physically
separated from the enclosed workplace and must be far enough away that smoke
cannot migrate into the building.
Q: How far away from the entrance to a building does somebody need to be to
smoke?
A: There is no set limit in the law. However, people are prohibited from smoking
in an area were smoke can migrate into the building. The Department of Health
recommends 50 feet.
Q: Is smoking allowed in hotel rooms?
A: Yes, as long as a hotel manager wants to allow it in designated smoking
rooms. At least half of the rooms in a motel or hotel have to be non-smoking
and a hotel can choose to go completely non-smoking.
Q: Is smoking allowed in assisted-living residences or nursing homes?
A: Yes, in private and semi-private rooms or designated areas in the facilities.
Q: Aren't most workplaces already smoke-free?
A: Most big Rhode Island companies have been smoke-free for some time. A 1995
Department of Health survey found that 62 percent of large companies in the
state were then smoke-free. Another 23 percent had "highly-restrictive" smoking
policies. But most restaurants and bar allow smoking.
Q: Were there any laws regulating smoking at the workplace before the new law?
A: Yes. The Rhode Island Workplace Smoking Pollution Control Act of 1986 called
for employers to make "reasonable accommodations for the preferences of both
nonsmoking and smoking employees, particularly those employees who, as a result
of physical condition, are unduly sensitive to tobacco smoke." But the act did
not specifically ban smoking.
Q: Where was smoking already prohibited prior to this law being passed?
A: Elevators, movie theaters, libraries, art galleries, museums, concert halls,
buses, schools, the State House, public hallways in court buildings, hallways
of elderly housing complexes, supermarkets, medical offices and hospitals. Restaurants
that seated 50 or more people were required to have a nonsmoking section.
Q: What were the penalties under the old law?
A: Any person caught smoking in a prohibited location could be fined $50 to
$500.
Q: How did this new ban become law?
A: For several years, workplace smoking bans were proposed but failed. Last
year, House Majority Leader Gordon D. Fox, D-Providence, made the issue a priority
and negotiated a compromise bill with all interested parties. Sen. V. Susan
Sosnowski, D-South Kingstown, sponsored a similar bill, and the House and Senate
had further negotiations. On June 10, 2004, the House passed the legislation.
Thirteen days later, the Senate passed the bill, and on June 29 Governor Carcieri
signed it into law.
Q: What is the official name of the new law?
A: Public Health and Workplace Safety Act.
Q: Why is it called that?
A: The bill was sold as not just a smoking ban, but a way to protect workers
from inhaling cigarette smoke. The move gained the health advocates the support
of the state's labor unions.
Q: Is anyone exempt from the new law?
A: Yes. Establishments with class C and class D liquor licenses can allow smoking
until Oct. 1, 2006. The class C and D facilities must have 10 or fewer employees
to be exempt. Class D establishments -- such as a Veterans of Foreign Wars post
-- are temporarily exempt as long as they are nonprofit or charitable corporations
with a defined membership and "not ordinarily a place of public accommodation."
Q: How many class C and D locations are there in the state?
A: There are about 35 class C license holders in the state and about 275 class
D facilities. Exactly how many of them would fit the exemption is not clear.
Q: Is anyone else exempt?
A: Yes, the state's two gambling parlors -- Newport Grand and Lincoln Park
-- are permanently exempt, as are cigar or smoking bars.
Q: Why are the two gambling parlors exempt?
A: Legislators looked at data from Delaware which showed gambling facilities
there lost significant amounts of money during the first year of that state's
smoking ban. Rhode Island gets about 60 percent of all gambling revenue at the
two facilities, an estimated $255 million this year. Connecticut's two casino's
-- Foxwoods and Mohegan Sun -- are exempt from that state's smoking ban because
they are on sovereign Indian land.
Q: Are there any special requirements of Newport Grand and Lincoln Park?
A: Yes. They must have smoking and non-smoking sections, provide their employees
the chance to work in a smoke-free environment and file annual reports to the
state detailing smoke mitigation efforts.
Q: What defines a smoking bar?
A: At least half of the business's revenue has to come from tobacco sales.
Food or alcohol can be sold but can only be "incidental to the consumption"
of tobacco products.
Q: Can people smoke at outdoor sporting events?
A: No. Smoking is prohibited in outdoor stadiums and at Little League games
or school athletic events.
Q: How about at the beach or state parks?
A: Smoking is allowed at these and other outdoor spaces which are not confined,
according to the Department of Health.
Q: If a restaurant has outdoor seating, is smoking allowed in that section?
A: Yes. Smoking can occur outside but must not migrate into the building.
Allowed locations include sidewalk tables, patios and decks and areas covered
by an awning. However, if the section has walls and a ceiling and is deemed
an enclosed area, smoking would be prohibited, according to Robert Vanderslice,
who is in charge of enforcing the law at the Department of Health.
Q: What are the punishments for breaking this law?
A: The fines are $250 for the first violation, $500 for the second and $1,000
for each subsequent violation. Each day of a violation counts as a separate
offense.
Q: Who pays the fine?
A: The business owner.
Q: What about in public places or in situations where there is no clear "employer"
such as court houses or the State House?
A: The law is not clear in these instances about who would pay the fine.
Q: How will the law be enforced?
A: The Department of Health has a tip line for offenses, at (401) 222-3293.
However, for a formal action to take place, the department needs a written and
signed letter of complaint. The department will also do spot inspections as
will local fire departments and local substance abuse task forces.
Q: Who prosecutes these cases?
A: Local town or city solicitors in municipal court. The local municipality
would split any penalties with the state. If the local solicitor fails to prosecute,
the Department of Health has the ability to bring a civil case to court.
Q: Who gets the fine money?
A: The fines are split between the state and the local municipality.
Q: Are business owners required to do anything?
A: Yes, post no-smoking signs indicating it's illegal to smoke in their establishment
"clearly and conspicuously."
Q: Where can business owners get these signs?
A: The Department of Health has examples, in English and in Spanish, that can
be printed out from its Web site: http://www.health.ri.gov/disease/tobacco/workplacelaw.php
There is also an order form on that site and a list of community agencies that
have signs.
Q: Is the Department of Health spreading the word about this new law?
A: Yes. A statewide print, radio and television advertising campaign started
mid-January. It will cost about $250,000.
Q: Have businesses been notified about the changes?
A: Yes. The Health Department sent a letter out to 40,200 businesses
in the beginning of January notifying them of the new law. The department
has also
been attending business roundtables and other gatherings to inform companies
of the upcoming changes.
Q: What states currently have similar statewide smoking bans that include restaurants
and bars?
A: On March 1, Rhode Island will become the seventh state to have such a ban.
Workplace smoking prohibitions are in place in California, Delaware, Maine,
New York, Connecticut and Massachusetts.
Q: Do other states have bans?
A: Yes. Florida, Utah, Vermont and Idaho also prohibit smoking in restaurants
but not in bars.
Q: Are there other places that have banned smoking?
A: Many local communities across the country have their own smoking bans. Ireland,
India, Norway, Scotland and New Zealand all have some type of prohibitions.
Most recently, Italy and Cuba imposed smoking bans.
Q: Where can people get more information about the Rhode Island ban and Health
Department regulations?
A: By calling (401) 222-3293 or visiting http://www.health.ri.gov/disease/tobacco/workplacelaw.php
Q: Where can people get information about quitting smoking?
A: By calling 1-800-Try-To-Stop (401-728-5920 for help in Spanish) or by visiting:
http://www.trytostop.org/ or http://www.cdc.gov/tobacco/how2quit.htm
By calling those numbers, people can get free counseling, free nicotine patches
and nicotine gum.
Q: Where is the full text of the new law available?
A: http://www.rilin.state.ri.us/Statutes/TITLE23/23-20.10/INDEX.HTM
