EXECUTIVE ORDER

No. 1992-3

SMOKING IN STATE GOVERNMENT FACILITIES

SALE OF TOBACCO PRODUCTS IN STATE GOVERNMENT FACILITIES

MANUFACTURE OF TOBACCO PRODUCTS IN STATE CORRECTIONAL INSTITUTIONS

WHEREAS, the U.S. Surgeon General has found, after careful examination of the available evidence, that involuntary smoking (i.e., the exposure of nonsmokers to environmental tobacco smoke) is a cause of disease, including lung cancer, in healthy nonsmokers; and

WHEREAS, the U.S. Surgeon General has also concluded that simple separation of smokers and nonsmokers within shared air space may reduce, but does not eliminate, exposure of nonsmokers to environmental tobacco smoke; and

WHEREAS, the National Institute for Occupational Safety and Health has determined that environmental tobacco smoke is potentially carcinogenic to occupationally exposed workers; and

WHEREAS, the National Institute for Occupational Safety and Health has recommended that employers minimize occupational exposure to environmental tobacco smoke by using all available preventive means; and

WHEREAS, the U.S. Environmental Protection Agency has recognized that exposure to environmental tobacco smoke is "one of the most widespread and harmful indoor air pollutants;" and

WHEREAS, a study recently published by the American Heart Association estimates that more than 50,000 nonsmokers are killed each year in the United States by environmental tobacco smoke; and

WHEREAS, the U.S. Environmental Protection Agency has concluded that total removal of tobacco smoke through ventilation is both technically and economically impractical; and

WHEREAS, the U.S. Environmental Protection Agency has concluded that one of the most effective ways to eliminate involuntary exposure of nonsmokers to environmental tobacco smoke is to eliminate smoking in buildings entirely; and

WHEREAS, the State of Michigan has a responsibility to protect the health and safety of its employees and of the general public who use state government facilities; and

WHEREAS, collective bargaining agreements between the State of Michigan, as the employer, and its recognized employee organizations often provide that the employer will make every reasonable effort to provide a safe and healthful place of employment free from recognizable hazards.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, including but not limited to the Michigan Clean Indoor Air Act, Act 368 of 1978, as amended, being Section 333.12601, et seq of the Michigan Compiled Laws (the "Michigan Clean Indoor Act"), do hereby order the following:

(1) Definitions

(a) "Cigar" means any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco.

(b) "Cigarette" means any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated or mixed with any other ingredients, where such roll has a wrapper made chiefly of paper or any other material except tobacco.

(c) "Smoking" or "smoke" means the use or the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.

(d) "Tobacco products" means cigars, cigarettes, chewing tobacco, tobacco snuff or tobacco in any other form.

(e) "State government facility" means any public building owned by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies, and that part of any publicly owned or privately owned building which is leased or operated by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies. "State government facility" does not include any public building owned by a college or university or any part of any privately owned building which is leased or operated by a college or university.

(2) Prohibition Against Smoking in State Government Facilities

(a) Department directors and agency heads shall prohibit smoking in all state government facilities effective June 15, 1992. This prohibition shall include, but is not limited to, private enclosed offices, open space offices, meeting rooms, conference rooms, eating areas, including cafeterias and break rooms, lounges, restrooms, hallways, stairways and enclosed entrances. This prohibition shall extend a reasonable distance from all entrances to state government facilities and such distance shall be defined by the department director or agency head whose department or agency operates such state government facility; in situations in which there is joint occupancy, such definition shall be promulgated jointly by the respective department directors and agency heads.

(b) Department directors and agency heads shall revise written

departmental policies, procedures and issuances to conform with this Executive order, Civil Service Commission rules and the Michigan Clean Indoor Air Act and may issues reasonable written work rules not inconsistent with this Executive Order, Civil Service Commission rules and the Michigan Clean Indoor Air Act.

(c) Department directors and agency heads or operating state government facilities or their designees shall be responsible for ensuring that such state government facilities, except those exempted under subsection (e) below, are properly posted in accordance with this Executive Order and the Michigan Clean Indoor Act. In leased facilities, department directors and agency heads or their designees shall be responsible for ensuring that the leased areas are properly posted.

(d) Department directors, agency heads and supervisors shall be responsible for familiarizing employees with this Executive Order and with departmental or agency policies, procedures, issuances and work rules implementing this Executive Order and for enforcing compliance within the scope of their authority.

(e) Rooms or facilities serving as the living units of individuals (such as prisoners in state correctional facilities, patients in state mental health facilities, inhabitants of the State Technical Institute and Rehabilitation Center, members of state veterans' homes, residents of group homes and other dwellings leased by the Department of Mental Health, and the like) in state government facilities and a strictly limited number of designated areas in other portions of such facilities as determined appropriate by the department directors or agency heads (such living units and designated areas hereinafter collectively referred to as "exempt areas") shall be exempt from the provisions of this Executive Order. Department directors and agency heads who operate or control such exempt areas shall develop written plans for the implementation of this exemption in consultation with the Departments of Public Health and Management and Budget by June 15, 1992. At a minimum, such plans shall prohibit smoking by employees of state government in such exempt areas and shall provide for smoke-free living units for nonsmoking prisoners, patients and other inhabitants of state government facilities to the degree feasible and consistent with the security and operational needs of the department or agency.

(f) Department directors and agency heads shall also prohibit smoking in all vehicles owned, leased or under the control of Executive Branch departments and agencies effective June 15, 1992. Department directors and agency heads shall revise written departmental policies, procedures and issuances to conform to this subsection and may issue reasonable written work rules not inconsistent with this subsection.

(3) Prohibition on the Sale of Tobacco Products in State Government Facilities

The sale of tobacco products is hereby prohibited in state government facilities effective June 15, 1992. This prohibition shall include concessions and vending facilities in state government facilities operated under the provisions of Act 260 of the Public Acts of 1978, being section 393.351, et seq. of the Michigan Compiled Laws. This provision does not prohibit the sale to persons or purchase by persons of tobacco products within the security perimeter of state correctional facilities.

(4) Prohibition on the Manufacture of Tobacco Products by Correctional Industries in State Correctional Institutions

The manufacture of tobacco products by correctional industries in state correctional institutions is hereby prohibited effective June 15, 1992. After such date, no tobacco products shall be manufactured or produced, wholly or in part, by inmates in any state correctional institution.

Given under my hand and the Great Seal of the State of Michigan this ________ day of March, in the Year of our Lord, One Thousand Nine Hundred Ninety-Two, and of the Commonwealth, One Hundred Fifty-Six.

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GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE