11/27/06 Compliance With State Smoking Ban
Gongwer's reports that the Ohio Department of Health has available information and model signage to help all businesses – including public libraries – meet the requirements of the statewide smoking ban effective December 7.
Important steps include: the prohibition of smoking; posting of signs; and the removal of all ashtrays and smoking receptacles. ODH Web site offers downloadable versions of legal signage. Note: color is required when using the international no-smoking symbol. ODH has set up toll-free hotlines to provide information (866-ODH-7654) and – eventually – accept calls reporting violations (866-559-OHIO). The latter number, by law, must appear on signs that businesses will be required to post.
Because the smoking ban is in the form of an initiated statute, the implementation of Smoke Free Workplace Act will follow the same course as traditional legislation. The successful ballot initiative included the creation of a new Ohio Revised Code section (3794) that spells out the smoking prohibition and what constitutes "public places" and "places of employment." Some details remain in play, however, and will be part of a rules package ODH will submit later to the legislative Joint Committee on Agency Rule Review. For instance, while the law calls for a warning letter on first offense and fines from $100 to $2,500 for subsequent violations, it leaves open for the rule-making process to determine exactly how those fines would increase for repeat offenders.
ODH plans to put together an advisory committee of business, health and other stakeholder groups to gather input on such details. The gap between the statute's effective date and the promulgation of rules leaves enforcement an unanswered question and has prompted many inquiries to state and local health agencies and SmokeFreeOhio, the American Cancer Society-led coalition that backed the successful issue. While ODH expects local health departments will serve as the enforcement authority, it remains unclear how that authority would be applied absent specific rules.
