1. Implementation of the Massachusetts Smoke-free Workplace Law American Public Health Association November 8, 2006

2. Smoke-free Workplace Law The Massachusetts Smoke-free Workplace Law was signed by Governor Romney on June 18, 2004. The law went into effect on July 5, 2004. The law amended the 1988 Massachusetts Clean Indoor Air Law in its entirety.

3. Smoke-free Workplace Law All workplaces that have one or more employees must be smoke-free. Designated smoking areas or smoking rooms are not permitted.

4. Smoke-free Workplace Law There are a few exemptions to the law including: Private residences Membership associations when not open to the public Retail tobacco store Smoking bar with permit from the Dept of Revenue (51% of income from sales of tobacco products) Nursing homes Acute care substance abuse treatment centers Outdoor spaces if smoke does not migrate inside

5. Information Resources for employers and general public are available at www.mass.gov/dph/mtcp Trainings and Technical Assistance for local boards of health Information and complaint line 1-800-992-1895

7. Smoke-free Workplace Law DPH Complaint Process 1. Complaint is received at DPH 2. Staff determined that the complaint should be investigated 3. Complaint logged into database 1. DPH faxes complaint form and complaint follow-up form to local BOH for follow-up. 2. DPH sends letter and information packet to workplace.

8. Smoke-free Workplace Law DPH Complaint Process 1. BOH conducts inspection 2. BOH faxes complaint follow-up form to DPH. 1. Inspection results entered into database 2. Case closed

9. 878 calls documented in summer 2004 742 calls in July 136 calls in August Alleged violations - 18% Prank or obscene calls - 10% 2006 – average 30 calls a month; split between complaints and questions Complaint and Information Calls

10. CONTACTS - Questions and Complaints – FY 05

11. Smoke-free Workplace Law Complaints and Compliance 372 complaints reported directly to DPH in FY 05 199 complaints reported directly to DPH in FY 06

12. Fines and Citations – January-December 2005 35 Boards of Health (of 267) needed to issue fines and/or citations for violations 122 tickets issued - $21,500 5 tickets were dismissed upon appeal One case where business owner refused to pay; court ordered business to pay

13. Commission Law required DPH to establish a commission to assist with implementation. Commission met on three occasions and reviewed data on complaints, inspections and problems. Members raised concerns which were processed further in small workgroups between Commission meetings.

14. Commission Membership Businesses including MA Restaurant Association, MA Licensed Beverage Association, Associated Industries of MA Local Boards of Health Other state government departments including Dept of Revenue, Office of Public Safety, Alcohol Beverage Control Commission Public Health advocates

15. DPH Regulations Regulations provide definitions for Membership Associations Outdoor seating Egregious non-compliance Effective August 26, 2005

16. Other Issues Other issues were raised, discussed in workgroups and addressed through fact sheets Vehicles used by private business “Buffer zones”

17. Membership Organizations Some confusion about how the law applies to “private clubs” Media coverage suggested private clubs exempt from the law Membership organizations only exempt under certain circumstances

18. Membership Organizations Exemption only applies to membership organizations that are not-for-profit Exemption does not apply when open to the public

19. Membership Organizations Complaints included: Bar owners in some communities believed they were losing business to private clubs Private clubs advertising to the public “Associate” memberships “Invited guests” who are not accompanied by members

23. Membership Organizations DPH Regulations (105 CMR 661.000) Define membership including associate members and guests Require smoking area be physically separated from areas open to the public Regulations are consistent with state Alcohol Beverage Control Commission policies

24. Conclusion Data gathered from information calls, complaints and inspections demonstrates 90% compliance with the smoke-free workplace law across the state.

25. Further information Please contact: Eileen Sullivan, Director of Policy and Planning Massachusetts Tobacco Control Program Eileen.M.Sullivan@state.ma.us 617-624-5915