TOBACCO-FREE BUSINESS TOOLKIT

Maryland Business Guide: Creating a Tobacco Tobacco--Free Campus

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The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT

Why Adopt a Tobacco Tobacco--Free Campus Policy?

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TOBACCO-FREE BUSINESS TOOLKIT Benefits of Adopting a Tobacco Tobacco--Free Campus Policy How can adopting a tobacco-free campus policy help my business? 1. Lower Your Costs to Increase Your Profits  

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Businesses pay an average of $2,189 in workers’ compensation costs for smokers, compared with $176 for nonsmokers. Smoking costs employers an estimated $3,383 per smoker per year, comprised of $1,623 in direct medical expenditures and $1,768 in lost productivity. 1. Cigarette smokers are absent from work 6.5 days per year more than nonsmokers. 2. Smokers miss 60% more days of work per year due to illness than nonsmokers. 3. The average smoker spends 8% of working hours on smoking breaks. Adopting a campus-wide tobacco ban may reduce health insurance premiums. Fire insurance is commonly reduced 25% to 30% in smoke-free businesses. In a survey of 2000 companies that adopted smoke-free policies, 60 percent reported a reduction in cleaning and maintenance costs.

2. Reduce Your Liability     

Having a smoke-free campus may reduces the risk of lawsuits being filed by employees who become ill from breathing secondhand smoke. Disability lawsuits based on secondhand smoke exposure can be eliminated. Worker’s compensation liability may be reduced by creating a smoke-free campus. Reduce lawsuits filed by consumers exposed to secondhand smoke on business grounds. Property damage due to tobacco induced fires or pollution can be reduced.

3. Improve Employee Health and Morale      Created by:

Reduce risk of cancer. Employees exposed to secondhand smoke on the job are 12% to 19% more likely to get lung cancer. Reduce heart attacks. Exposure to secondhand smoke increases the risk of a heart attack by 25% to 35%. Reduce heart and vascular disease. Reduce upper respiratory infections. Enhance the positive image of your business. 3

The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT

Tobacco Tobacco--Free Campus Model Policy

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The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT Tobacco Tobacco--Free Campus Model Policy Use this model policy as a template to create your own tobacco-free campus policy. This policy can be found on the Tobacco Public Policy Center’s website: www.tobaccopolicy.org.

[COMPANY]’s TOBACCO-FREE POLICY Effective [DATE], [COMPANY] is implementing a campus-wide tobacco-free policy for all employees, customers, and visitors in order to provide a clean, healthy, productive, and safe environment for all. [IF APPLICABLE—This policy is designed in compliance with the [STATE/LOCAL LAW], which will go into effect on [DATE]. I. POLICY This policy is in effect during and after work hours and will apply to: ● All [COMPANY] employees on all shifts; ● Customers, vendors, clients, consultants, contractors, and all other visitors; and ● Members of committees, including our Board of Directors. Smoking and tobacco use of any kind will be prohibited on all [COMPANY] owned and/or leased locations/premises; all internal and external areas, parking garages, and parking lots; all entrances and exits; and all company owned and/or leased vehicles. Additionally, the policy will be in place at all company sponsored events—both on our premises and at external locations. Employees who choose to use tobacco products must do so on their regularly scheduled breaks or meal periods and off company property. No ashtrays are permitted in any indoor or outdoor area on company premises.

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The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT Continued on next page . . .

Tobacco Tobacco--Free Campus Model Policy

II. PROCEDURE Copies of this policy shall be distributed to all current and future employees, posted on the premises and available for inspection upon request. [COMPANY] shall not discharge, refuse to hire, or in any manner retaliate against an employee, applicant, or customer who exercises any rights afforded by this policy, or anyone who reports or attempts to prosecute a violation of this policy. Compliance with this policy is mandatory and policy violations by employees will be subject to the standard disciplinary actions of the company. Any disputes involving the policy should be handled through the company’s established procedures for resolving other work-related problems. If the problem persists, an employee can speak to [NAME OF APPROPRIATE WORKPLACE CONTACT] at extension __________, or the [AGENCY OR HEALTH DEPARTMENT CONTACT ENFORCING LAW] at ___________. III. TOBACCO CESSATION OPPORTUNITIES [COMPANY] encourages all employees who use tobacco products to quit such usage. Information on cessation programs is available upon request made to [NAME OF APPROPRIATE WORKPLACE CONTACT] and can also be found on the company bulletin boards. IV. QUESTIONS Any questions regarding the tobacco-free workplace policy should be directed to [NAME OF APPROPRIATE WORKPLACE CONTACT] at extension ____________, or the [AGENCY OR HEALTH DEPARTMENT CONTACT ENFORCING LAW] at ______________. Thank you for your cooperation.

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The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT

The Legal Grounds for Adopting a Tobacco Tobacco--Free Campus Policy

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TOBACCO-FREE BUSINESS TOOLKIT Tobacco Tobacco--Free Policies: Legal Questions & Answers Can I create a tobacco policy that is broader than current laws require?    

Employers in Maryland are not barred from voluntarily adopting campus-wide tobacco policies. Employees do not have a “right” to smoke if their employers have a tobacco-free policy. People exposed to secondhand smoke on business premises can sue businesses. Adopting a broader policy can prevent this. A number of Maryland businesses have already adopted tobaccofree campus policies.

Can I have a policy about not hiring or firing people who use tobacco?  

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Maryland does not restrict hiring decisions based on tobacco use. Smokers cannot sue for discrimination under the ADA. A Federal District Court in Maryland in Brashear v. Simms denied a smoker’s discrimination claim under the Americans with Disabilities Act reasoning that smoking did not constitute a disability. Maryland does not prohibit an employer from terminating an employee for violating a tobacco-free policy, and some policies have employee termination provisions based on repeat offenses.

What other Maryland businesses have tobacco-free campus policies? Businesses

Industry

Thirty-three hospitals in Maryland

Health Care

Maryland Health Departments

Public Health

Lockheed Martin Corporation

Aeronautical Engineering

International Truck and Engine Corp.

Truck Manufacture

Nike, Inc.

Athletic Apparel

Eli Lilly and Company

Pharmaceuticals

Four Maryland colleges

Education

Lowe’s Companies, Inc.

Home Improvement

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TOBACCO-FREE BUSINESS TOOLKIT

How to Implement a Tobacco Tobacco--Free Campus Policy

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TOBACCO-FREE BUSINESS TOOLKIT Tobacco Tobacco--Free Campus Policy Implementation 1. Assess the Need & Create a Plan Ask Why:  Consider pros and cons of a tobacco-free policy.  Assess the attitudes of employees and consumers about a adopting such a policy. Ask How:  Determine the reforms necessary to implement the policy, such as posting signs, removing ashtrays, and eliminating smoking areas.  Consider options for program support and evaluation to ensure immediate and long-term success.

2. Set Clear Goals & Build Consensus   

Have a Mission: Establish short and long-term goals to be achieved. Spread the Word: Share the plan to adopt the policy from the top down from managers to employees. Be Inclusive: Create a stakeholder committee including smokers and nonsmokers from all levels of your business to consider the pros and cons, evaluate issues, provide feedback, and adapt the policy.

3. Announce, Manage & Revisit the Policy Educate Employees:  Let employees know when the policy will be effective through a variety of means such as letters, emails, paycheck stuffers, meetings, and posters.  Timing is critical. Implement the policy in conjunction with a memorable date or occasion to ensure employees are aware of the effective date. Actively Support the Policy:  Provide ways for employees to voice concerns.  Consistently and fairly enforce the policy.  Evaluate the policy periodically to change if necessary. Created by:

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TOBACCO-FREE BUSINESS TOOLKIT

Helping Employees Quit Using Tobacco Products

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TOBACCO-FREE BUSINESS TOOLKIT Tobacco Cessation Support Programs 1. The Need    

Seventy percent of smokers say they want to quit. Smokers are five times more likely to quit with help. Smokers are more likely to think about quitting when their employer has a tobacco-free policy. The success of creating a tobacco-free campus depends on employee compliance and enforcement of the policy.

2. The Cost   

Tobacco cessation is more cost-effective than most other covered disease prevention interventions. It only costs 10 to 40 cents per employee per month to provide a comprehensive tobacco cessation program. Studies show that offering a tobacco cessation benefit is costneutral by year three and cost-saving by year five.

3. The Options     

Self-help educational materials Counseling - individual and group therapy Medications - nicotine replacement therapy (NRT) Incentive programs for quitting 24-hour emergency support systems - Quit Now Hotline

Contact local chapters of the American Lung Association, American Heart Association, and American Cancer Society for further information.

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The Legal Resource Center, University of Maryland Francis King Carey School of Law

TOBACCO-FREE BUSINESS TOOLKIT Additional Resources Helpful Websites Maryland Resource Center for Quitting Use & Initiation of Tobacco http://www.mdquit.org/ National Cancer Institute - Tobacco Cessation Information http://www.cancer.gov/cancertopics/factsheet/Tobacco Centers for Disease Control - Tobacco-Free Work Policies http://www.cdc.gov/tobacco/secondhand_smoke/workplace_guide.htm Centers for Disease Control - Benefits of a Tobacco-Free Work Policy http://www.cdc.gov/tobacco/secondhand_smoke/00_pdfs/save_lives_save_money.pdf Maryland Hospital Association - Smoke-Free Hospital Campus Toolkit http://www.mdhospitals.org/mha/Community_Health_Resources/Smoke_Free_Hospital_Campuses.shtml Ohio Tobacco Prevention Foundation - Tobacco-Free Workplace Toolkit http://www.otpf.org/forbusiness/thetobaccofreeworkplacetoolkit.aspx

Contact Us Feel free to contact us with your questions. Mail: Legal Resource Center for Public Health Policy University of Maryland Carey School of Law 500 West Baltimore Street, Baltimore, MD 21201

Phone: 410-706-0842 Website: http://www.law.umaryland.edu/tobacco E-mail: [email protected]

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The Legal Resource Center, University of Maryland Francis King Carey School of Law