/ DEPARTMENT OF MANAGEMENT SERVICES
ADMINISTRATIVE POLICY
TITLE: Smoking in the Workplace / POLICY NUMBER
HR
07-109
(formerly 3.02)
EFFECTIVE: August 14, 2008
REVISED: December 5, 2013

PURPOSE

Protect all people at Department of Management Services (DMS/department) from the health hazards of secondhand tobacco smoke and to comply with the Florida Clean Indoor Act.

SCOPE

This policy is for all DMSworkplaces.

AUTHORITY

Article X, Section 20 of the State Constitution

Chapter 386, Part II, Florida Statutes (F.S.) - Florida Clean Indoor AirAct.

DISTRIBUTION LIST

The Following Individuals
Should be Notified of this Policy and its Procedures / Method of Notification
All DMS Employees /
  • New Employee Orientation
  • DMS communications via employee e-mail distribution list
  • DMS Web site

DMS Executive Leadership /
  • Executive Leadership meetings

POLICY

Smoking is prohibited at all times in all buildings and main entryways. Employees may usetheir breaks to smoke in the designated smoking areas. This includes “E-cigarettes” and other similar vapor devices.

A. PENALTIES

  1. Any employee who violates this policy is subject to the penalty stated in law which may be a fine of not more than $100 for the first violation and not more than $500 for each subsequent violation.
  1. Career Service employees violating this policyare subject to disciplinary action pursuant to Rule 60L-36.005, F.A.C., covering Disciplinary Standards.
  1. Employees other than Career Service who violate this policyare subject to disciplinary action as determined by the appropriate DMS management official.

B. DESIGNATED SMOKING AREAS

The designated smoking areas for DMS employees located at the Capital Circle Office Center (CCOC) are:

  • 30 feet from the entry door near the loading dock atthe south end of Building 4050
  • 30 feet from the entry door in the grassy area at the end of the sidewalk at the northwest corner of Building 4030, and
  • parking lots

At DMS work locations other than CCOC buildings 4030, 4040 and 4050 where posted designated smoking areas are not present, smoking should not occur within 30 feet from any entry door. Tobacco waste receptacles (ashtrays) are provided in each designated area. Employees and visitors are prohibited from smoking in any other areas including the front, back and side entryways. The ashtrays located outside the building entrances are for visitors to dispose of their tobacco products before entering the buildings. These ashtrays are not meant to designate a smoking area.

RESPONSIBILITIES

Individual
or Group / Responsibilities
Employee /
  • Adhere to this policy

Supervisor /
  • Ensure employee’s adhere to this policy and takes appropriate action if an employee does not adhere to this policy.

HR Office /
  • Review policy during New Employee Orientation (NEO).

DEFINITIONS

Word/Term / Definition
Department / The Department of Management Services.
Employee / Any person who has been hired, works for the State, and receives a warrant (payment) from the state for that work.
Secondhand Smoke / Also known as environmental tobacco smoke (ETS), means smoke emitted from lighted, smoldering, or burning tobacco when the smoker is not inhaling; smoke emitted at the mouthpiece during puff drawing; and smoke exhaled by the smoker (definition from Chapter 386, F.S.).
Smoking / Inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product (definition from Chapter 386, F.S.).

Page 1 of 2 DMS Policy No. HR-07-109

Smoking in the Workplace