USDANEWS VOLUME 56 NO. 1 - JANUARY 1997

A New Year + A New Reg = No Smoking at USDA

by Ron Hall, Office of Communications

USDA employees who pledged to give up smoking as a New Year's Resolution for 1997 have just been provided a strong incentive to carry it out. That's because the Department has now banned all smoking inside its facilities and vehicles.

Departmental Regulation No. 4400-6, dated Dec. 16, 1996 and titled "USDA Smoking Policy," points out that the Environmental Protection Agency has classified "environmental tobacco smoke"--otherwise known as "second-hand smoke"--as a "known human carcinogen." Therefore, the regulation advises that "In order to protect USDA employees, contractors, and visitors from the health hazards of environmental tobacco smoke, this regulation prohibits smoking inside all USDA facilities and motor vehicles."

The regulation became effective on Jan. 16.

Janice Ware, a realty specialist with the Policy Analysis and Coordination Center-Procurement and Property Management, noted that the regulation applies to all buildings and facilities--both at headquarters and USDA field locations, as well as USDA offices overseas--that are owned, leased, or otherwise occupied by USDA. It covers all interior parts of those facilities, including corridors, restrooms, cafeterias, stairways, and enclosed offices occupied by only one employee. In multi-tenant buildings, it encompasses all parts of the facility under the Department's control. It also covers all USDA owned or leased motor vehicles.

"The reg covers not only USDA employees, but also contractor employees and visitors," she said, "who enter those USDA facilities or occupy those USDA vehicles."

Ware said that the policy does not extend to those outdoor areas which have been designated as "outside smoking areas," which must be at least 15 feet away from common entrance and exit points to a facility.

In a memorandum dated Jan. 9, 1997 and titled "USDA Smoking Policy," which was sent to all USDA headquarters employees, Office of Operations Director Ira Hobbs listed the "outside smoking area" sites near the Whitten, South, Auditors, and Cotton Annex Buildings at USDA headquarters in Washington, DC. Denise Patterson, chief of the Property Management Division in PACC-PPM, said that agencies are encouraged to provide similar guidance in writing at USDA field office locations.

When may a smoker use an "outside smoking area" during the USDA workday?

"Supervisors will be responsible for working with smokers on their staffs," advised Elizabeth Daly, a personnel management specialist with PACC-Human Resources Management, "regarding the appropriate time to use an 'outside smoking area' during the USDA workday--while ensuring that office requirements and mission requirements are appropriately taken care of."

According to Matt Raphael, program manager for labor relations with PACC-HRM, although USDA's "no smoking" regulation is already in effect, there may be some sites which require negotiations with recognized unions before the order can become effective.

Office of Operations facilities utilization specialist Esther Edwards briefly recounted the evolution of USDA's policy on smoking. "Prior to 1987, our facilities generally permitted smoking with the exception of areas designated as non-smoking," she said.

"Then, in February 1987, that was essentially reversed," she explained. "USDA facilities were then generally considered as nonsmoking except those areas designated as smoking areas." The August 1987 issue of the USDA News carried a story on that policy.

Patterson pointed out that USDA agencies are authorized to use available funds for training, education, and counseling for smoking cessation programs for its employees--but not for items considered "personal medical expenses" for treatment and rehabilitation, such as nicotine gum or patches.

So, what's the penalty, if any, for noncompliance with this new regulation?

"Well, this is an official USDA policy spelled out in an official Departmental Regulation," advised PACC-PPM Director Russ Ashworth. "We're assuming and expecting that USDA employees--both smokers and non-smokers--will be thoughtful, considerate, and cooperative, and will help ensure the smooth success of this policy."

The regulation states that "Employees should report situations of non-compliance with this policy to their immediate supervisor. Employees shall not be subject to retribution or reprisal for reporting these situations."

Ashworth added that USDA supervisors will be expected to enforce the policy, using "sound and reasonable judgment" and relying, at least initially, on counseling as an enforcement tool. "But recurring violations will subject employees to disciplinary action," he advised.

"And, hey, maybe because of this new reg," speculated Patterson, "more employees might follow up on that other New Year's Resolution--which involves spending more time, after work, pumping iron and jogging..." ¤

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