Use of Tobacco

Appendix Q

USE OF TOBACCO

PROCEDURAL ORDER

IPurpose
Tobacco products may be offensive to employees. Also, theSurgeon General has determined that second hand smoke is a health hazardand the Louisiana Legislature has cited thispurpose in the Louisiana Smokefree Air Act, La. R.S. 40:1300.252:

The Legislature finds and determines that it is in the best interest of the people of this state to protect nonsmokers from involuntary exposure to secondhand smoke in most indoor areas open to the public, public meetings, restaurants, and places of employment. The Legislature further finds and determines that a balance should be struck between the health concerns of nonsmokers of tobacco products and the need to minimize unwarranted governmental intrusion into and regulation of private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the legislature herby declares that the purpose of this Part is to preserve and improve the health, comfort, and environment of the people of this sate by limiting exposure to tobacco smoke.

IIPolicy

It shall be the policy of the Lafourche Parish Sheriff’s Office to establish smoking guidelines for employees while on-duty or representing this agency when in uniform. In keeping with Lafourche Parish Sheriff’s Office's intent to provide a safe and healthful work environment, smoking in the workplace shall be prohibited in accordance with the law as described in La. R.S. 1300.255, General Smoking prohibitions; exemptions;

A.Except as permitted by Subsection B of this Section, no person shall:

Smoke in any public building;

Smoke in any school;

Smoke in any public place and in any enclosed area within a place of employment; and

As an employer, knowingly permit smoking in any enclosed area within a place of employment.

IIIProcedure

It shall be the responsibility of all employees to adhere to this policy and ensure that no other person violatesthisProceduralOrder.Violations should be reported to a supervisor. The employee’s name shall remain confidential and the supervisor shalltake action in a promptand appropriate manner.

A.Employees shall adhere to the following guidelines. There shall be no smoking or use of tobacco products by employees when:

1.Withintwenty (20) feet of a public entrance of any Lafourche Parish Sheriff’s Office facility;

a.This shall include attending training, enforcement, or any other purpose.

2.In direct contact with a member of the public while on-duty in uniform;

3.In formation or roll call;

4.An employee has to leave an assignment or post to do so;

5.Engaged in traffic direction or control;

6. Given an order to refrain from doing so for a special circumstance, activity or event; and

7.As described in Appendix F, Vehicle Use;

8.As described in Appendix E, Uniform Use; and

9. In a tobacco-free area.

B.Employee’s using tobacco products such as chewing tobacco or snuff may be allowed to use the product in an office in a courteous and discrete manner. It should be noted, however, that use of this type of product shallbe closely scrutinized and any use in an unclean or unsanitary manner shall be subject to restrictions as deemed necessary by the Sheriff, Chief Deputy or Departmental Heads.

C.This policy shall be strictly enforced. Employee’sthat fail to follow this procedural order,as outlined,shall be subject to disciplinary action.

IVDefinitions

For the purposes of this policy, the following terms shall have the following meaning unless the context clearly indicates otherwise as described in the Louisiana Smokefree Air Act, La. R.S. 40:1300.253. Definitions:

(1)"Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

(2) "Business" means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity.

(3) "Department" means the Department of Health and Hospitals.

(4) "Employer" means an individual or a business that employs one or more individuals.

(5) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.

(6) "Local governing authority" means a municipal or parish governing authority.

(7) "Place of employment" means an area under the control of an employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a licensed child care, adult day care, or health care facility.

(8) "Public building" means any building owned or operated by any of the following:

(a) The state, including the legislative, executive, and judicial branches of state government.

(b) Any parish, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency.

(c) Any other separate corporate instrumentality or entity of state or local government.

(9)"Public place" means an enclosed area to which the public is invited or in which the public is permitted which is not a public building, including but not limited to banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.

(10) "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar located within a restaurant.

(11) "Retail tobacco business" means a business utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental.

(12) "School" means any elementary or secondary school building, the campus of any school, any buildings on the campus, and all school buses.

(13) "Secondhand smoke" 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.

(14) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted combustible plant material.