Examples and lessons learned of state agency tobacco-free campus policy -12/11/2007

Q: Oregon is in the middle of the process of implementing a state agency tobacco-free campus policy with their Department of Human Services.  Oregon is hoping to find any information, copies of policies and lessons learned from other states who have had state agency campuses, especially campuses surrounding state capitol buildings, go smoke-free or tobacco-free. 

A:

1. Maine: Maine State Government has a basic “smoking policy” that complies with relevant state law (The Workplace Smoking Act of 1985). The policy is part of the Bureau of Human Resources Policy and Practices Manual. Please click here for the link that contains the relevant section 9.5.
   
   In Maine, state law can be exceeded by the development and implementation of policies that are stricter than state statute and that is indeed the case with the area referred to as “The Capitol Complex” which has its own “Capitol Complex Smoking Policy” which was adopted and publicized on January 18th, 2001.
   
   Some of Maine’s state agencies have adopted policies specific to the agency and applicable statewide. The following policy has been adopted for all of the Department of Health and Human Service:
   http://www.maine.gov/tools/whatsnew/index.php?topic=oit_msenc
   &id=16222&v=ViewArticle
   
   
2. Michigan: Michigan is currently in the planning phase for a tobacco free campus policy for state owned and operated properties.  All state owned and leased buildings are tobacco-free but most have a 25 foot rule outside.  They have been working with the Department of Management and Budget (which oversees all state properties). Difficulties include agreeing on a timeline, union notifications, posting/signage, promotion of smoking cessation, what to do with complaints and offenders, etc.  Other considerations include the fact that some departments lease space in buildings with other businesses.  Since the state doesn't own or manage the property it is less clear how the tobacco-free campus policy will be mandated or enforced. Michigan is looking at the possibility of adding tobacco-free campus policy language to state office leases as they are renewed, but this may take years.  Some properties such as mental hospitals may be allowed one smoking area outside though there will be restrictions.  Smoking areas must be located away from public view, windows, intake air vents, etc.  All state department properties will be submitting policies for our review and approval.  Some of the properties will become tobacco-free in the spring 2008.  Others will be phased in later in the year. 
   
   Michigan is also working with the Department of Corrections on a separate tobacco-free campus policy for state prisons.  This is a major change since many of the prisons still sell tobacco products, which will stop.  Michigan DHSS is trying to help the Department of Corrections with planning some cessation initiatives for inmates and staff as well as the policy notification, implementation, and enforcement.  One of the challenges anticipated is that the smoke rates for inmates and staff is very high.
   
   
3. Missouri: There has been limited success in Missouri, but this information may be relevant for others.
   
   a) In early 2006, the Department Director was favorable to adopting a tobacco-free campus policy.  All policies for buildings and grounds within the Executive Branch of state government are overseen by the Office of Administration.  The Commissioner of OA was included in the discussion for our proposed campus policy. 
   
   
   • Research yielded good policies or activity in AZ, IN, OK and SD.  In particular, OK also requires county health departments to have tobacco-free campuses.  Please contact Program Managers in these states for updates.  Note that IN and SD had strong advocacy from their governors.
     
     
   • Without notice to the Director, the OA Commissioner quietly enacted a policy change which allows department directors to establish no-smoking areas outdoors, but exempts parking lots and private vehicles.  Since the majority of Missouri’s state office building outdoor campuses are parking lots, they have been prevented from adopting a campus policy.
   
   
   b) Smoking is allowed on the campus of the state capitol.  Smoking is also allowed inside the capitol in three areas: I) a designated area in the basement garage; II) in legislators' offices at the discretion of the individual legislator; and III) the immediate vicinity of a certain tobacco lobbyist wherever he may be in the Senate side of the capitol.
   
   c) The state mental hospitals implemented a tobacco-free campus policy effective Nov 15th 2007 [date of GASO].  The director of the Department of Mental Health also enacted a tobacco-free campus policy for their central office effective January 1, 2008 to include parking lots, state vehicles regardless of location, and private vehicles in DMH parking lots. They are also allowing reasonable time off for employees to participate in tobacco cessation classes.
   
   Please see the seven following policies and other documents from Missouri and other sates:
   1. Arizona DHS Tobacco-free campus policy
   2. Estimated Cost of Tobacco Use to Missourians
   3. DMH Tobacco Free Policy
   4. Missouri Administrative Policy
   5. Missouri Senator Staples Britton Resolution
   6. Oklahoma Tobacco Free Policy
   7. Indiana and South Dakota State Campus Smokefree articles
      
      
4. South Dakota: South Dakota went Tobacco free in 2005 on all buildings and grounds under the Governor's purview (Capitol grounds and state agency locations across the state. See 1st link below which has state policy).  State government is the largest employer in South Dakota and hundreds of locations were affected.  There were few problems (even with legislators conducting business on state property) One of the original exception sites has since adopted the Tobacco Free policy - the mental health treatment center "Human Service Center". 
   
   We met with various Department heads including Bureau of Administration (who were responsible for putting up signage purchased by the tobacco control program) & the Department responsible for campus security (for enforcement with visitors), as well as the Department that works with legislators to inform them. This group worked out plans to reduce confusion and resistance.  They met the usual resistance, "how will we 'police' this?" etc.  Support from the Governor's office was a key factor in getting "reluctant" Department Heads to buy in and do what was necessary to move forward. 
   
   The Personnel department was given support to write the policy & repercussions (if violated it should be handled like any other policy violation); and were given ideas on how to notify employees of the new policy, such as including in the state e-letter, posting it on the state's policy site for state employees, and having it discussed at manager meetings, etc. 
   
   South Dakota created their own policy, adapting those from OR and ND.  For a copy of South Dakota’s policy please contact Teri Christensen.
   
   South Dakota has provided the following sample policies in PDF and on the web.  South Dakota Sample Policy and on the web here.
   
   Tobacco Free Environment Policy
   
   
5. Utah: Utah is attaching a tobacco-free campus policy passed by the Department of Health in the summer of 2007. 
   
   Please see Utah’s Tobacco-free campus policy
   
   
6. West Virginia: West Virginia has provided the following information and three attachments.
   
   1.  WV state government WV Division of Personnel policy covers all the Executive Branches of state government.  It adopted the 15-foot rule-no smoking in areas within 15 feet to operable doors, windows, ventilation.  This is not a smoke-free campus rule, but serves as a sample of state government policy.
   
   
   2.  The draft of the WV Department of Military Affairs and Public Safety, WV Division of Corrections (state prisons).  This draft was proposed about one year ago, but has not been approved by the Governor's office. The attached WV Division of Corrections Draft Policy was designed as a phase-in, so the prisons would eventually be tobacco-free campuses within 1.5 years of implementation (see V.G.5---to prohibit cigarette smoking and spit tobacco use and all related products in correctional facilities including the entire "campus").  It can be used as a sample of government policy. 
   Please contact Kathi Elkins for examples of smoke-free campus policies from many other state offices for prisons.   
   
   3.  The Legislative Rule for WV Public Schools is a very strong rule that bans any form of tobacco and its use on all property, at all times, by anyone. 
   
   The three sample policies are attached:
   
   1. WV Division of Personnel Smoking Restrictions in the Workplace
   2. WV Division of Corrections Draft Policy
   3. WV Legislative Rule for the Board of Education

Back to Table of Contents