Chapter 64 – Nonsmoking Policy

Contents

Approved by Joe Toscano
Revised 7/25

64.1 Policy
64.2 Scope
64.3 Applicability
64.4 Exceptions
64.5 Roles and Responsibilities
64.6 Definitions
64.7 Required Work Processes

• Work Process A. General Requirements
• Work Process B. Construction Projects
• Work Process C. Criteria for Establishment of Designated Smoking Areas
• Work Process D. Smoking Cessation

64.8 Source Requirements
64.9 References
64.10 Implementing Documents

Note:
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64.1 Policy

Lawrence Berkeley National Laboratory (Berkeley Lab) endeavors to maintain a safe and healthful environment for our community. In addition, because Berkeley Lab is located in an environment that is vulnerable to severe wildland fire hazards, we are obligated to ensure that outdoor tobacco smoking is restricted. For information on smoking health effects and smoking cessation, please refer to Work Process D.

In accordance with applicable laws, Berkeley Lab prohibits smoking tobacco products, including the use of electronic cigarettes (also known as e-cigarettes or personal vaporizers), and smokeless tobacco (i.e., chewing tobacco, snuff) in all Laboratory facilities (owned and leased), in any Laboratory vehicle, and on Laboratory property unless in designated smoking areas or in a personal vehicle as described further in this policy. Refer to the Berkeley Lab Smoking Area Map for locations of designated smoking areas. Furthermore, smoking is banned on all days that are designated as Red Flag Warnings. This supersedes any permitted smoking as outlined in this policy.

When working off the main Laboratory site, Laboratory personnel will comply with the smoking requirements of the entity having jurisdiction for setting smoking policy or regulation.

All other smoked substances not addressed herein are strictly prohibited. (See the RPM policy Workplace Substance Abuse for more information.)

64.2 Scope

This policy describes the restrictions on smoking and tobacco usage in all Lawrence Berkeley National Laboratory (Berkeley Lab) facilities.

64.3 Applicability

This policy applies to all persons at Berkeley Lab.

64.4 Exceptions

1. Requests for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, the Environment, Health, and Safety (EHS) Division Director approval, in consultation with the Berkeley Lab Fire Marshal.
2. Exceptions for research involving tobacco and marijuana are approved through the Work Planning and Control and the Research Compliance processes.

64.5 Roles and Responsibilities

Role	Responsibility
All persons at Berkeley Lab	Adhere to this policy and practice mutual respect and respectful communication between tobacco users and nonusers.
Conference, events, and meeting organizers	Communicate this policy to their visitors. Ensure compliance with this policy.
Construction project management team	Ensure compliance with this policy on Laboratory construction projects.
Environment, Health, and Safety (EHS) Division Director	Reviews proposed exception requests to this policy. Grants or denies policy exception requests, in consultation with the Berkeley Lab Fire Marshal.
Facilities Division	Maintains designated smoking areas. Communicates this policy to its subcontractors. Ensures compliance with this policy.
Fire Marshal	Consults with EHS Division Director to review proposed exception requests to this policy. Designates temporary designated smoking areas for construction sites. Establishes criteria for Designated Smoking Areas.
Hosts (to affiliates and visitors)	Communicate this policy to their affiliates and visitors. Ensure compliance with this policy.
Managers and supervisors	Communicate this policy to their employees. Ensure compliance with this policy.
Procurement Department	Communicates this policy to contractors and consultants. Ensures compliance with this policy.

64.6 Definitions

Term	Definition
Electronic cigarette	An electronic cigarette (also known as an e-cigarette or personal vaporizer [PV]) is an electronic inhaler that vaporizes a liquid solution into an aerosol mist, simulating the act of tobacco smoking.
EHS	Environment, Health, and Safety Division
Smoking	A practice in which a substance, most commonly tobacco, is burned, and the smoke is tasted or inhaled. This is primarily practiced as a route of administration for recreational drug use, as combustion releases the active substances in drugs such as nicotine and makes them available for absorption through the lungs.
Tobacco	All forms of tobacco, including but not limited to chewing tobacco, cigars, blunts, cigarillos, little cigars, cigarettes, kreteks, hand-rolled cigarettes, snuff, creamy snuff, dipping tobacco, pipes, water pipes, electronic cigarettes, and all forms of smokeless tobacco
Tobacco use	Smoking, chewing, dipping, or any other use of tobacco

64.7 Required Work Processes

Work Process A. General Requirements
Work Process B. Construction Projects
Work Process C. Criteria for Establishment of Designated Smoking Areas
Work Process D. Smoking Cessation

Work Process A. General Requirements

1. Smoking is banned on all days that are designated as Red Flag Warnings. This supersedes any permitted smoking as outlined in this document.
2. Smoking is not permitted except in designated areas. Smoking, including the use of electronic cigarettes (also known as e-cigarettes or personal vaporizers) is strictly prohibited in indoor and outdoor Laboratory facilities (owned or leased), Laboratory vehicles, Laboratory property, and Laboratory parking lots unless in designated smoking areas or in a personal vehicle as described in A.5 below.
   1. When working off-site, Laboratory personnel will comply with the smoking requirements of the entity having jurisdiction for setting smoking policy or regulation.
3. Smokeless tobacco products (i.e., chewing tobacco, snuff) are also prohibited in indoor Laboratory facilities (owned or leased), Laboratory vehicles, and on Laboratory property unless in designated smoking areas.
4. Designated smoking areas are located throughout the Laboratory (refer to the Berkeley Lab Smoking Area Map) and are identified by Designated Smoking Area signs and smoking urns. Smoking is allowed only within 10 feet of the Smoking Area signage. Smokers must dispose of their cigarette butts in the smoking urns. Refer to Work Process C for criteria for establishing designated smoking areas.
   
   
   
5. Smoking is permitted in personal vehicles under the following conditions:
   1. A Red Flag Warning is not in effect.
   2. Vehicles are parked and windows and doors remain closed.
   3. All smoking materials are extinguished before exiting the vehicle.
   4. All smoking materials are placed in proper receptacles or removed from the site.
6. All other smoked substances not addressed herein are strictly prohibited. (See the RPM policy Workplace Substance Abuse for more information.)
7. Violations of this policy should be reported to a Laboratory supervisor.
8. There is no retaliation against anyone seeking assistance in enforcing this policy.
9. For information on smoking health effects and smoking cessation, please refer to Work Process D.

Work Process B. Construction Projects

Temporary smoking areas may be designated by the Berkeley Lab Fire Marshal within a construction site for construction workers as long as the designated smoking area complies with the criteria listed in Work Process C and has received approval from the Laboratory’s Construction Project Management Team.

Work Process C. Criteria for Establishment of Designated Smoking Areas

1. Per the Berkeley Lab Fire Marshal, designated smoking areas must meet all of the following criteria:
   1. Noncombustible surface where the smoking area and urn are located;
   2. Noncombustible, enclosed smoking urn;
   3. Identified by a Designated Smoking Area sign;
   4. Minimum 25 feet from a building (doorways, functional windows, and air intakes);
   5. Minimum 25 feet from combustible materials, including vegetation;
   6. Minimum 25 feet from hazardous materials;
   7. Minimum 50 feet from refueling operations;
   8. Not on a deck, balcony, or stairway; and
   9. Not in a designated “No Smoking” area.
2. Designated Smoking Area sign
   1. Smoking is allowed only within 10 feet of this sign.
      
      

Work Process D. Smoking Cessation

1. Smoking Health Effects and Cessation
   The U.S. Surgeon General has determined that cigarette smoking is the nation’s leading preventable cause of illness and premature death. Moreover, research indicates that nonsmokers regularly exposed to passive (secondhand) tobacco smoke are also at increased risk of illness. Passive smoke appears to be especially deleterious to the health of certain populations, including the elderly, children, and individuals with allergies, asthma, respiratory disease, or cardiovascular disease. For these reasons, the U.S. Surgeon General has urged employers to implement broad-based health-promotion programs with special emphasis on smoking cessation. The response to the U.S. Surgeon General’s advice and the medical evidence has been an overwhelming trend toward protection of the health and safety of nonsmokers. For more information, visit the Surgeon General’s Tobacco Reports and Publications web page. For information on smoking-cessation programs, click here.
   
2. FDA-Approved Smoking Cessation Products
   Usage of FDA-approved smoking cessation products is permitted on Berkeley Lab property. These products include over-the-counter nicotine replacement products (chewing gum, skin patches, and lozenges) and prescription-only nicotine replacement products.

64.8 Source Requirements

• California Labor Code Section 6404.5

64.9 References

SOURCE	DOCUMENT# / DATE	TITLE
UC	April 21, 2021	UC Smoke and Tobacco Free Environment Policy

64.10 Implementing Documents

Title	Type
Smoking at the Lab	Web site
Designated Smoking Area Sign	Sign
Berkeley Lab Smoking Area Map	Document

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