DRAFT

Revised 5/22

64.1 Policy
64.2 Scope
64.3 Applicability
64.4 Exceptions
64.5 Roles and Responsibilities
64.6 Definitions
64.7 Source Requirements
64.8 Other Driving Requirements
64.9 Implementing Documents

Note:
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🚩 Denotes the beginning of changed text within a section

🛑 Denotes the end of changed text within a section

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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. 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), in all Laboratory facilities (owned and leased), in any Laboratory vehicle, and on Laboratory property unless in designated smoking areas. All other smoked substances not addressed herein are strictly prohibited. (See the RPM policy Workplace Substance Abuse for more information.) Smokeless tobacco (i.e., chewing tobacco, snuff) usage is also prohibited in all Laboratory facilities (owned or leased), in any Laboratory vehicle, and on Laboratory property unless in designated smoking areas. Refer to the Berkeley Lab Smoking Area Map. 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.

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.

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), vehicles, property, and parking lots unless in designated smoking areas. When working off-site, Laboratory personnel will comply with the smoking requirements of the entity having jurisdiction for setting smoking policy or regulation. 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.

Construction Projects. LBNL Construction Project Managers may approve temporary smoking areas within a construction site; such areas must have a smoking urn to collect cigarette butts. Further, the temporary designated smoking area cannot be located:

in any Laboratory vehicle
within 25 feet (7.62 meters) of any Laboratory building
on decks or stairs
in areas with vegetation
in any area posted as “No Smoking”

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.
Smokeless Tobacco Use Is Not Permitted. 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.
Violations of this policy should be reported to a Laboratory supervisor.
There is no retaliation against anyone seeking assistance in enforcing this policy.

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

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.

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 managers	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.
Facilities Division	Maintains designated smoking areas. Communicates this policy to its subcontractors. Ensures compliance with this policy.
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 Source Requirements

California Labor Code Section 6404.5

64.8 Other Driving Requirements

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

64.9 Implementing Documents

Document number	Title	Type
	Smoking at the Lab	Web site
	No Smoking sign	Sign
02.04.002.002	Berkeley Lab Smoking Area Map	Document