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Rules
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Rules and Regulations |
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RULE
17 - SMOKING AND USE OF TOBACCO PRODUCTS PROHIBITED
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17.1
Purpose:
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The
purpose of this policy is to implement Chapter 386, Part
II, Florida Statutes, known as the "Florida Clean
Indoor Air Act" and to promote the health and safety
of all employees by providing healthy working conditions
and improving the air quality in the workplace.
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17.2
Definitions:
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A. |
"City
Building" means any building or that portion of a
building owned by or leased to the City of Sarasota and
shall include but not be limited to: offices, rest rooms,
indoor walkways, stairwells, entrances, passageways, break
areas and work areas. The term "City Building"
shall include to within twenty-five (25) feet of the outside
of City Building entrances.
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B. |
"City
Manager" means the City Manager of the City of Sarasota
or his or her designee.
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C. |
“City
Auditor and Clerk” means the City Auditor and Clerk
of the City of Sarasota or his or her designee.
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D. |
"City
Motor Vehicles" means motor vehicles owned by or
leased to the City of Sarasota and shall include but not
be limited to: cars, trucks, Parking Enforcement Scooters,
refuse collection vehicles, dump trucks, street sweepers,
enclosed tractors, enclosed transport vehicles, pickup
trucks, vans and construction equipment.
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E. |
"Smoking
or Smoke" means possession of a lighted tobacco product
including, but not limited to, a lighted cigarette, lighted
cigar or lighted pipe.
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F. |
"Use
of Tobacco Products" means the use of unlighted tobacco
products including, but not limited to, snuff and chewing
tobacco.
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G. |
"Smoking
and Tobacco Use Area" means an area designated by
the City Manager or City Auditor and Clerk, for their
respective employees, located outside and in the vicinity
of a City Building more than twenty-five (25) feet from
the entrance where the smoking and use of tobacco products
is permitted by employees.
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17.3
Prohibition:
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No
employee may smoke or use tobacco products in any City
Building or City Motor Vehicle. This prohibition shall
become effective on November 18, 1991. The sole exception
to this prohibition shall be for City Motor Vehicles permanently
assigned to a particular employee for that employee's
daily use who smokes or uses tobacco products only if:
| A. |
There
are no passengers in the City Motor Vehicle other
than the employee who is assigned to the City Motor
Vehicle; or,
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| B. |
All
of the passengers in the City Motor Vehicle are
smokers or users of tobacco products.
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This
exception shall not be interpreted to apply to a motor
pool vehicle or any City Motor Vehicle used by various
employees on a rotating basis.
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17.4
Designated Smoking and Tobacco Use Areas:
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The
City Manager or City Auditor and Clerk, for their respective
employees, shall implement the designation of any Smoking
and Tobacco Use Areas no later than November 4, 1991,
by posting notices at City Buildings. Said Areas may be
changed or abolished upon the posting of notice by the
City Manager or City Auditor and Clerk, for their respective
employees, at least seven (7) days prior to the change.
Although the City Manager or City Auditor and Clerk, for
their respective employees, may designate a Smoking and
Tobacco Use Area, no such designation shall be required.
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17.5
Notice:
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A
copy of this Rule shall be furnished to any person requesting
it and distributed to all current employees prior to November
18, 1991.
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17.6
Enforcement:
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Any
employee who is found to have violated any provision of
this Rule shall be subject to disciplinary action as authorized
by Rule 7 of the Personnel Rules and Regulations. Reports
of violations by employees should be made to the applicable
Department Head who, in turn, will take the necessary
action.
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17.7
Smoking and Tobacco Use Cessation Training:
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The
Director of Human Resources shall be responsible for periodically
making available smoking and tobacco use cessation training
at no cost to employees.
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17.8
Applicability:
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The
provisions of this Rule mandated by Chapter 386, Part
II, Florida Statues, shall be applied to all employees
including those employees subject to collective bargaining
agreements. Those provisions of this Rule not mandated
by Chapter 386, Part II, Florida Statutes, shall be implemented
by the City Manager or City Auditor and Clerk, for their
respective employees, and as to those employees subject
to collective bargaining agreements, consistent with the
requirements of Chapter 447, Florida Statutes.
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