Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace

[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]

[Presidential Documents]

[Pages 43451-43452]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 97-21607]

[[Page 43449]]

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Part IV

The President

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Executive Order 13058--Protecting Federal Employees and the Public From

Exposure to Tobacco Smoke in the Federal Workplace

Presidential Documents

Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 43451]]

Executive Order 13058 of August 9, 1997

Protecting Federal Employees and the Public From

Exposure to Tobacco Smoke in the Federal Workplace

By the authority vested in me as President by the

Constitution and the laws of the United States of

America and in order to protect Federal Government

employees and members of the public from exposure to

tobacco smoke in the Federal workplace, it is hereby

ordered as follows:

Section 1. Policy. It is the policy of the executive

branch to establish a smoke-free environment for

Federal employees and members of the public visiting or

using Federal facilities. The smoking of tobacco

products is thus prohibited in all interior space

owned, rented, or leased by the executive branch of the

Federal Government, and in any outdoor areas under

executive branch control in front of air intake ducts.

Sec. 2. Exceptions. The general policy established by

this order is subject to the following exceptions: (a)

The order does not apply in designated smoking areas

that are enclosed and exhausted directly to the outside

and away from air intake ducts, and are maintained

under negative pressure (with respect to surrounding

spaces) sufficient to contain tobacco smoke within the

designated area. Agency officials shall not require

workers to enter such areas during business hours while

smoking is ongoing.

(b) The order does not extend to any residential

accommodation for persons voluntarily or involuntarily

residing, on a temporary or long-term basis, in a

building owned, leased, or rented by the Federal

Government.

(c) The order does not extend to those portions of

federally owned buildings leased, rented, or otherwise

provided in their entirety to nonfederal parties.

(d) The order does not extend to places of

employment in the private sector or in other nonfederal

governmental units that serve as the permanent or

intermittent duty station of one or more Federal

employees.

(e) The head of any agency may establish limited

and narrow exceptions that are necessary to accomplish

agency missions. Such exception shall be in writing,

approved by the agency head, and to the fullest extent

possible provide protection of nonsmokers from exposure

to environmental tobacco smoke. Authority to establish

such exceptions may not be delegated.

Sec. 3. Other Locations. The heads of agencies shall

evaluate the need to restrict smoking at doorways and

in courtyards under executive branch control in order

to protect workers and visitors from environmental

tobacco smoke, and may restrict smoking in these areas

in light of this evaluation.

Sec. 4. Smoking Cessation Programs. The heads of

agencies are encouraged to use existing authority to

establish programs designed to help employees stop

smoking.

Sec. 5. Responsibility for Implementation. The heads

of agencies are responsible for implementing and

ensuring compliance with the provisions of this order.

``Agency'' as used in this order means an Executive

agency, as defined in 5 U.S.C. 105, and includes any

employing unit or authority of the Federal Government,

other than those of the legislative and judicial

branches. Independent agencies are encouraged to comply

with the provisions of this order.

Sec. 6. Phase-In of Implementation. Implementation of

the policy set forth in this order shall be achieved no

later than 1 year after the date of this

[[Page 43452]]

order. This 1 year phase-in period is designed to

establish a fixed but reasonable time for implementing

this policy. Agency heads are directed during this

period to inform all employees and visitors to

executive branch facilities about the requirements of

this order, inform their employees of the health risks

of exposure to environmental tobacco smoke, and

undertake related activities as necessary.

Sec. 7. Consistency with Other Laws. The provisions of

this order 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.) Provisions of existing collective bargaining

agreements shall be honored and agencies shall consult

with employee labor representatives about the

implementation of this order. Nothing herein shall be

construed to impair or alter the powers and duties of

Federal agencies established under law. Nothing herein

shall be construed to replace any agency policy

currently in effect, if such policy is legally

established, in writing, and consistent with the terms

of this order. Agencies shall review their current

policy to confirm that agency policy comports with this

order, and policy found not in compliance shall be

revised to comply with the terms of this order.

Sec. 8. Cause of Action. This order does not create

any right to administrative or judicial review, or any

other right or benefit, substantive or procedural,

enforceable by a party against the United States, its

agencies or instrumentalities, its officers or

employees, or any other person or affect in any way the

liability of the executive branch under the Federal

Tort Claims Act.

Sec. 9. Construction. Nothing in this order shall

limit an agency head from establishing more protective

policies on smoking in the Federal workplace for

employees and members of the public visiting or using

Federal facilities.

(Presidential Sig.)

THE WHITE HOUSE,

August 9, 1997.

[FR Doc. 97-21607

Filed 8-12-97; 8:45 am]

Billing code 3195-01-P