370.792.3 - Use of Tobacco Products in/on USGS-Occupied Buildings, Facilities, and Grounds
This Survey Manual Chapter sets policy establishing a tobacco-free environment and the protection of Federal employees and the public from exposure to the by-products of tobacco use in the Federal workplace.
DATE: 2/21/2018
OPR: Office of Administration
Instruction: This chapter is being updated to address the use of smokeless tobacco products as to further establish a tobacco-free environment for Federal employees and members of the public visiting or using federal facilities.
1. Purpose. This Survey Manual Chapter sets policy establishing a tobacco-free environment and the protection of Federal employees and the public from exposure to the by-products of tobacco use in the Federal workplace.
2. Scope. The scope of this chapter applies to all persons working in, visiting, or using facilities and grounds occupied by the U.S. Geological Survey (USGS), whether USGS-owned, USGS-leased, or General Services Administration (GSA) provided.
3. Authorities.
A. Executive Order (E.O.) 13058, Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace, August 9, 1997.
B. Federal Property Management Regulation 101-20.105-3, March 16, 1998.
C. Departmental Manual 310 DM 11, Smoking in Public Buildings, March 14, 2001.
D. GSA FMR Bulletin 2009-B1, December 22, 2008.
E. Federal Management Regulation 102-74, April 16, 2014.
F. Environmental Tobacco Smoke Control, LEED BD+C: Healthcare I v.4.
G. Federal Management Regulation 41 CFR 102-2.40, January 1, 2012.
4. Policy.
A. Smoking, vaping, and use of smokeless tobacco products are prohibited in all interior spaces, courtyards, atriums, balconies, and bus stops.
B. Smoking, vaping, and use of smokeless tobacco products are prohibited within 25 feet from all doorways, outdoor air intakes, and operable windows. All outdoor seating areas, picnic tables, patios, sidewalks and foot paths, even if beyond the 25-foot limit, are to be tobacco free at all times; unless otherwise identified as a designated smoking area. Rules for designated smoking areas govern the use of all tobacco products to include smokeless tobacco. Designated tobacco use areas shall be clearly marked and identified with permanent signage.
5. Objective. This policy is intended to establish a tobacco-free environment for Federal employees and members of the public visiting or using USGS facilities.
6. Definitions.
A. Vaping is a term that originates from “vaporizing,” which means using electronic cigarettes (e-cigarettes). E-cigarettes are smokeless nicotine devices typically consisting of a metal tube containing an atomizer, a battery, and a cartridge filled with liquid nicotine. Over time, vaping may become harmful to those who encounter the mist as it may contain vaporized forms of the ingredients.
B. Smokeless tobacco; (also known as snuff or chew) is a fine-grained tobacco that often comes in teabag-like pouches that users put between their lower lip or cheek and gum. Chewing tobacco comes in shredded, twisted, or bricked tobacco leaves.
C. Sniffing is inhaling finely ground tobacco up the nose.
D. Balcony is a balustrade or railed elevated platform projecting from the wall of a building.
E. Patio is an area or courtyard, usually paved, adjoining a building or structure that is used for outdoor lounging, dining, etc. A patio may be enclosed by low buildings or walls.
F. Atrium is a sky lit central court that extends through several stories in a building.
G. Courtyard is an open area of ground surrounded by walls or buildings.
7. Exceptions.
The Associate Director for the Office of Administration (AD/OA) may establish limited and narrow exceptions that are accompanied by a compelling business case. Such exceptions shall be in writing, approved by the AD/OA, and to the fullest extent possible, provide protection of non-tobacco users from exposure to tobacco by-products. Authority to establish such exceptions may not be delegated.
8. Smoking Cessation Programs.
The AD/OA is encouraged to use existing authority to establish programs designed to help employees stop smoking. Many Employee Assistance Program (EAP) providers offer cessation programs or counseling. EAP provider information can be found at:
https://www.doi.gov/pmb/hr/eap.
9. Responsibilities.
A. The AD/OA is responsible for implementing and ensuring compliance with the provisions of this policy.
B. For centers where USGS has a contracted guard service, the security guards shall observe building occupants and visitors for compliance with Federal Management Regulation (41 CFR 102-74) and the posted rules and regulations for the facility. Security guards shall also identify and report those persons who violate the rules and regulations as appropriate and in accordance with the post orders, which include but are not limited to the enforcement of all smoking policy and regulations on Federal campuses.
C. For USGS owned facilities, the Science Center Director has the responsibility to identify and assign designated smoking areas in accordance with this survey manual chapter.
10. Consistency with Other Laws.
A. The provisions of this policy shall be implemented consistent with applicable law, including the Federal Service Labor-Management Relations Act (5 U.S.C. 7101, et seq.) and the National Labor Relations Act (29 U.S.C. 151, et seq.)
B. If a State or local government has a smoke-free ordinance that is stricter than the smoking policy for Federal facilities, the facility shall abide by the following ordinance per Federal Management Regulation 102-74.351. If the facility is federally owned, then Federal preemption principles apply and the Federal policy controls. If the facility is privately owned, then Federal tenants are subject to the provisions of the State or local ordinance, even in the federally leased space, if the state or local restrictions are more stringent than the Federal policy.
/s/ Roseann Gonzales February 21, 2018
__________________________________________ __________
Roseann Gonzales
Associate Director for Administration