Tobacco.org

Mobile Health Inspectors ‘Out of Bounds’ Says Premium Cigar Association 

When a county health department conducts a restaurant inspection, should it deduct points if the restaurant allows smoking on the premises? No, says the International Premium Cigar & Pipe Retailers Association.

The Mobile County Health Department is considering a plan to automatically deduct four points from the health rating of any restaurant where smoking is permitted. A separate proposal under consideration is the placing of a decal on the front door of any restaurant that allows smoking. The sticker would warn patrons about the so-called dangers of secondhand smoke.

"They are way out of bounds with these draconian measures," says Chris McCalla, legislative director of the IPCPR, a not-for-profit organization comprised of some 2,000 members, mostly owners of small, family businesses that manufacture, distribute or sell at retail premium cigars and pipe tobacco products and related accoutrements.

"The well-heeled anti-tobacco forces would have you believe that evil things will befall you if you occasionally take a whiff of tobacco smoke in a restaurant, bar or other place of business. If that were the case, wouldn't you think that OSHA - the Occupational Safety and Health Administration - would be all over it? The fact is that OSHA has set safe levels for smoking that are up to 25,000 times higher than normally found in an average bar or restaurant that allows smoking," McCalla said.

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Premium Cigar Association Questions Missouri Smoking Ban Proposal 

With Missouri's unemployment rate hovering around 10 percent, the state's legislators have taken their eyes off job creation as a priority and are pandering to powerful neo-prohibitionists and anti-tobacco interests instead, said the International Premium Cigar & Pipe Retailers Association. Statewide smoking bans have been proposed in the Missouri Senate and House of Representatives that would prohibit smoking in restaurant, bars, shopping malls, gambling facilities and other public places. The House bill was crafted by the American Lung Association and the American Cancer Society, two organizations that receive millions of dollars from companies that produce nicotine replacement products. "Jobs are lost and businesses suffer as a result of legislated smoking bans, and a statewide ban would further add to Missouri's labor miseries," said Chris McCalla, legislative director of the IPCPR.

Jobs are lost and businesses suffer as a result of legislated smoking bans, and a statewide ban would further add to Missouri's labor miseries

The Fed has found that, based on impartial data generated by the Bureau of Labor Statistics, significant employment declines result from forced smoking bans, especially in bars and restaurants . . .

For those questioning overstated claims regarding the health aspects of incidental secondhand smoke, I would refer them to the Occupational Safety and Health Administration. OSHA has set acceptable levels for secondhand smoke up to 25,000 safer than normally found in restaurants and bars

We do not represent 'big tobacco.' Our members have every right to sell their legal products to adults and their customers should have every right to enjoy those products on premise and off where permitted by business owners, not by legislated decrees.

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• Smoke Gets In Your Imac: Smoking Near Apple Computers Creates Biohazard, Voids Warranty 

Did you know, that smoking isn't good for your computer, either? It's true, at least according to Apple. Two readers in different parts of the country claim that their Applecare warranties were voided due to secondhand smoke. Both readers appealed their cases up to the office of God Steve Jobs himself. Both lost. . . .

Dena [from Jobs' office] did advise me that nicotine is on OSHA's list of hazardous substances and Apple would not require an employee to repair anything deemed hazardous to their health. However, OSHA also lists calcium carbonate (found in calcium tablets), isopropyl alcohol (used to clean wounds), chlorine (used in swimming pools), hydrogen peroxide (also used to clean wounds), sucrose (a sugar), talc (as in powder), etc... as hazardous substances.

...

Dena set up an appointment at the same Apple store. They told me that they would take pictures of the computer - both inside and out before determining whether to proceed and that if the only problem was the optical drive, they'd probably just replace it. Dena called me earlier this week to deliver the "bad news." She said that the computer is beyond economical repair due to tar from cigarette smoke! She said the hard drive is about to fail, the optical drive has failed and it isn't feasible to repair the computer under the warranty. This computer is less than 2 years old! Only one person in my household smokes - one 21 year old college student. She said that I can get it repaired elsewhere at my expense. I asked why my warranty didn't cover the repair and was told it's an OSHA violation.

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PointOfLaw Forum: OSHA nominee: Certitude is his product 

President Obama last week announced his intent to nominate David Michaels to become administrator of the Office of Safety and Health Administration, and today The New York Times hails Michaels' selection in an editorial, "A Champion for Workers' Safety." The Times observes that Michaels' nomination is "apt to provoke opposition from some business interests" and offers advice:

They should hold their fire. His emphasis on cultural change and involvement of workers in improving safety could help ease the polarization between business and labor. And his emphasis on sound science could give everyone greater confidence that OSHA will make the right decisions. . . .

In Michaels' view, big corporations invariably follow the tobacco industry's historical approach toward science and public relations.

"Tobacco figured this out, and essentially it's the same model," said David Michaels, who was a federal regulator in the Clinton administration. "If you fight the science, you're able to postpone regulation and victim compensation, as well. As in this case, eventually the science becomes overwhelming. But if you can get five or 10 years of avoiding pollution control or production of chemicals, you've greatly increased your product."

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09/25/2008 - Clarification of the provision banning smoking in the OSHA asbestos standards. 

Dear Mr. Czehowski:

This is in response to your letter to the OSHA San Francisco Regional Office, asking for clarification of a 1990 letter of interpretation regarding OSHA's asbestos standards. We understand that the State of Nevada has adopted standards identical to those of Federal OSHA and intends to follow the Federal enforcement policy. Your letter was forwarded to OSHA's national office for response . . .

The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area. (emphasis added)

As we explained in our 1990 letter to Mr. Sledge, the Agency determined that the health risk for smoking employees exposed to asbestos is substantially higher than nonsmoking ones. We explained in the preamble to the rule that "[t]his is an expansion of the present smoking ban, which, as in most OSHA health standards, is confined to regulated areas where exposures are elevated." (55 FR at 3726, February 5, 1990). The smoking ban in the asbestos standards does not specify a level of exposure. However, the exposure must have its source in the workplace. We have explained that this means that an employee who works in areas where there are operations that disturb asbestos, such as asbestos abatement and renovation activities, may be occupationally exposed, regardless of whether that employee disturbs or handles the asbestos.

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ARCHIVE: 05/07/1986 - Inquiry concerning regulations that apply to smoking in dormitories. 

Major Group 21: Tobacco Products 

This major group includes establishments engaged in manufacturing cigarettes, cigars, smoking and chewing tobacco, snuff, and reconstituted tobacco and in stemming and redrying tobacco. Also included in this major group is the manufacture of non-tobacco cigarettes. The manufacture of insecticides from tobacco by-products is included in Major Group 28.

Industry Group 211: Cigarettes

· 2111 Cigarettes

Industry Group 212: Cigars

· 2121 Cigars

Industry Group 213: Chewing And Smoking Tobacco And Snuff

· 2131 Chewing and Smoking Tobacco and Snuff

Industry Group 214: Tobacco Stemming And Redrying

· 2141 Tobacco Stemming and Redrying

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1218-AB37 - 1647. INDOOR AIR QUALITY IN THE WORKPLACE 

Abstract: The health of American workers may be affected by indoor air pollution in the workplace. After reviewing and analyzing available information, OSHA published a proposed indoor air quality rule on April 5, 1994. . . .

On December 17, 2001, OSHA withdrew its Indoor Air Quality proposal and terminated the rulemaking proceeding (66 FR 64946). In the years since the proposal was issued in 1994 a great many state and local governments and private employers have taken action to curtail smoking in public areas and in workplaces. In addition, the portion of the proposal not related to environmental tobacco smoke (ETS) received little attention during the rulemaking proceedings and the record evidence supporting the non-ETS portion of the proposal is sparse. The Agency found that withdrawal of the proposal would allow it to devote its resources to other projects.

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02/24/2003 - Reiteration of Existing OSHA Policy on Indoor Air Quality: Office Temperature/Humidity and Environmental Tobacco Smoke. 

Because the organic material in tobacco doesn't burn completely, cigarette smoke contains more than 4,700 chemical compounds. Although OSHA has no regulation that addresses tobacco smoke as a whole, 29 CFR 1910.1000 Air contaminants, limits employee exposure to several of the main chemical components found in tobacco smoke. In normal situations, exposures would not exceed these permissible exposure limits (PELs), and, as a matter of prosecutorial discretion, OSHA will not apply the General Duty Clause to ETS.

For further information to offer to employers/employees as guidance, you may wish to review a document published by the U.S. Environmental Protection Agency (EPA) about the health effects from environmental tobacco smoke, A Fact Sheet: Respiratory Health Effects of Passive Smoking. Additional information on indoor air quality in general can be found on the Indoor Air Quality Technical Links page on the OSHA website.

We hope you find this information helpful.

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• Premium Cigar Store Owners Unite to Fight Proposed St. Louis County Smoking Ban Vote 

A countywide smoking ban may be on the November ballot if some St. Louis County council members have their way, over the objections of premium cigar store owners, members of the International Premium Cigar & Pipe Retailers Association.

"We want to go on record as being against this proposed ban and any legislated smoking ban, for that matter. Government should stay out of private business decisions like this. If a business owner decides to prevent smoking on the premises, that's fine. It's his individual right to do so. If government gets involved, pretty soon you'll have bureaucrats running whole industries like banking and finance, automobile, energy and healthcare," said Chris McCalla, legislative director of the IPCPR.

St. Louis County council members are expected to continue discussing the issue at their meeting on Tuesday, July 28. Council member Barbara Fraser has proposed putting the issue to a referendum. McCalla makes the point that minorities have rights and smokers are a minority.

"The only thing a smoking ban would do is lead the way in increased unemployment, failed businesses and deprivation of individual rights," said McCalla.

McCalla says anti-smoking forces often use misinformation and biased research based on junk science provided by organizations that are rarely challenged regarding the source, quality and truth of that research.

"For example, they say there are no safe levels for secondhand smoke. Not true. The Occupational Safety and Health Administration is the federal agency charged with maintaining a healthy and safe work environment. OSHA has set safe levels for secondhand smoke that are exponentially higher than the air quality found in average restaurants and bars," he said.

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Ex-dealer sues over exposure to smoke 

A dealer who spent two decades at Caesars Palace has sued the Strip resort and parent company Harrah's Entertainment in federal court claiming that exposure to secondhand smoke forced her to quit her casino job.

In a lawsuit that attorneys are seeking to have certified as a class action case, former blackjack dealer Tomo Stephens claimed Caesars Palace isn't doing enough to protect its workers from the dangers of secondhand smoke.

The lawsuit, filed Wednesday in U.S. District Court in Las Vegas, contends Caesars Palace, since being acquired by Harrah's in 2005, has removed nonsmoking gaming areas from the casino floor, forbids employees from designating certain gaming tables as smoke-free and encourages smoking among its customers.

"The point of this lawsuit is not to ban smoking in casinos," said Jay Edelson, a Chicago-based attorney who filed the action. "The real goal is to change what they're doing. At least offer areas that are nonsmoking where employees can circle in and out. We are not trying to stop smokers from gambling."ional Institute of Occupational Safety and Health that assessed the levels of second-hand smoke in three casinos.

The study found that chemicals associated with second-hand smoke exist both on casino floors and in the bloodstreams of casino employees.

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• Protect your workers 

The National Institute for Occupational Safety and Health (OSH), an arm of the Centers for Disease Control, has asked casinos to ban smoking to protect their workers.

The action was prompted by a new study showing significant levels of a tobacco-specific carcinogenic toxin in the urine of workers in three Nevada casinos, a study prompted by the request of Nevada casino workers for health evaluations of their workplaces.

At least one of those employees lost her job after making her request.

The study, known in bureaucratic parlance as a health hazard evaluation (HHE), was conducted among 124 workers in the Bally's, Paris and Caesars Palace casinos in Las Vegas. (The three casinos are all Harrah's properties.) . . .

Among findings:

"We found ETS components in the air. These components include nicotine, 4-vinyl pyridine, respirable dust, solanesol, benzene, toluene, p-dichloromethane, naphthalene, formaldehyde, and acetaldehyde."

"We found increased urinary levels of one ETS component during the work shift. This finding shows that these components were absorbed in [non-poker] casino dealers' bodies."

There were also findings favorable to the casinos' stance of supporting smoking over worker safety, but the presence of the toxins led to OSH asking the casinos to end smoking.

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• Smoking study capped Caesars dealer’s long, lonely fight  

Terrie Price, a dealer at Caesars Palace for 25 years, was fired in 2005. She has filed a lawsuit against the company.

During the 25 years she worked as a Caesars Palace dealer, Terrie Price was one of a few vocal anti-smoking dissenters among thousands of largely silent casino workers. Price believes her efforts to force her employer to address secondhand smoke, even as a growing body of scientific research chronicled its dangers, cost her that job.

The release last week of the first federal study detailing the effects of secondhand smoke on Las Vegas casino employees — a study Price requested — vindicated those efforts, Price said.

The National Institute for Occupational Safety and Health tracked more than 100 dealers at Bally’s, Paris Las Vegas and Caesars Palace during on-site visits in 2005 and 2006. Researchers found the dealers were exposed to airborne chemicals associated with secondhand smoke during their shifts, had increased levels of tobacco-specific carcinogens in their urine after their shifts, and reported a host of respiratory problems potentially triggered by workplace smoke.

“We’ve been waiting a long time for this,” said Price, 53.

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A Smoke-Free Workplace Is Perfectly Legal  

Not only is it legal to enforce policies that promote a smoke-free work environment. Allowing smoking at work, if the effects are severe enough to threaten employee health, might constitute a violation of the Occupational Safety and Health Act (OSHA). Although there is no OSHA regulation prohibiting workplace smoking per se, employers could be liable for the negative effects of workplace smoking under the so-called "General Duty Clause" of the law, which states that each employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees." More specifically, OSHA requires that employers provide employees with an acceptable level of indoor air quality, and the agency's written guidance states that employers must keep air contaminants within "permissible exposure limits." In addition, several states and localities have passed laws banning smoking, to varying degrees, in the workplace.

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LETTER: Butt out 

Since when has the city government taken over for the Occupational Safety and Health Administration? If it is so unsafe for anyone to patronize or work at a place where smoking occurs, wouldn't it be more unsafe at home? Will the city ban that next? What about cars?

Let OSHA do its job, and let the people vote for nonsmoking establishments with their dollars.

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