Smokefree Workplaces Act of 2003
Bill 15-441

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Fenty and Patterson introduced the following bill, which was referred to the Committee on Public Works and the Environment. 

To amend Title 7, Chapter 17 of the D.C. Official Code to create smokefree work environments in all enclosed public and private workplaces in the District of Columbia, and to establish penalties for the violation of smokefree workplace regulations. 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 

That this Act may be cited as the “Smokefree Workplaces Act of 2003”. 

Sec. 2. Chapter 17 of Title 7 of the D.C. Official Code is amended as follows: 

(a) Section 7-1701 is amended to read as follows: 

“(a) The Council of the District of Columbia finds that the inhalation of secondhand smoke resulting from the smoking of tobacco inside facilities in which the public congregates is a clear danger to health and a cause of discomfort to persons in such facilities. 

“(b) The Council of the District of Columbia further finds that numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. 

“(c) The Council further finds that secondhand smoke is a known carcinogen. 

“(d) The Council further finds that the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand 1smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. 

“(e) A significant amount of exposure to secondhand smoke occurs in the workplace. A study published in Tobacco Control found that employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. 

“(f) A study published in Business and Health found that smoke-filled workplaces result in higher workplace absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke.

“(g) The purpose of this subchapter is to protect the public health and welfare by prohibiting smoking in public places and places of employment.”. 

(b) Section 7-1702 is amended to read as follows: 

“For the purposes of this chapter: 

“(1) “Employee” means a person who is employed by an employer volunteers his or her services for an entity. 

“(2) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or an entity that employs the services of one or more individual persons.

"(3) "Enclosed Area" means an indoor area that is neither open or partially enclosed, except normal means of access and egress through doors or passageways. 

“(4) “Mayor” means the Mayor of the District of Columbia or the Mayor’s designated agent. 

“(5) “Person” means any individual, firm, partnership, association, corporation, company, or organization of any kind, including a government agency, to which the health and safety laws of the District of Columbia may be applied. 

“(6) “Place of Employment” means an area under the control of a public or private employer that employees may frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, taxis and other vehicles used for business purposes. A private residence is not a place of employment unless it is used as a child care, adult day care, educational or health care facility.

"(7) “Public Place” means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, food service establishments, health care facilities, laundromats, nightclubs, pool halls, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms. A private residence is not a public place unless it is used as a child care, adult day care, educational or health care facility.

“(8) “Smoking” means the act of puffing, having in one’s possession, holding or carrying a lighted or smoldering cigar, cigarette, pipe, or smoking equipment of any kind or lighting a cigar, cigarette, pipe or smoking equipment of any kind.”. 

(c) Section 7-1703 is amended to read as follows: 

“Smoking shall be prohibited in the following: 

“(1) Any public place; 

“(2) Any enclosed place of employment; 

“(3) Any elevator, except in a single family home.”. 

(d) Sections 7-1703.01, 7-1703.02 and 7-1703.03 are repealed. 

(e) Section 7-1704 is amended to read as follows: 

“(a) In any place, elevator, or vehicle in which smoking is prohibited, the owner, manager, or person in charge of the place, elevator, or vehicle shall post or cause to be posted signs that read, "No Smoking Under Penalty of Law". Signs posted shall 1 clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number in a manner that gives notice to the public of the applicable law. Signs shall also include a number to call to report violations of this subchapter. 

“(b) Where smoking is prohibited pursuant to this subchapter all signs posted shall include the internationally recognized no smoking symbol.

“(c) It shall be unlawful for any person to obscure, remove, deface, mutilate, or destroy any sign posted in accordance with the provisions of this subchapter. 

“(d) All ashtrays and other smoking paraphernalia shall be removed by the owner, operator, manager, or other person having control of the area from any area where smoking is prohibited under this subchapter.”. 

(f) Section 7-1705 is amended to read as follows: 

“(a) The owner, lessee, manager, operator or other person in charge of a facility or vehicle where smoking is prohibited pursuant to this chapter shall: 

“(1) Post and maintain the appropriate "No Smoking" signs; 

“(2) Ask persons observed smoking in violation of this subchapter to refrain from smoking; and 

“(3) Not provide service to persons in violation of this subchapter.

“(b) Whenever the owner, lessee, manager or operator of a facility covered by this subchapter requires a license issued by the District of Columbia government in order to operate the facility, the owner, lessee, manager or operator shall comply with this subchapter as a requirement for receiving or renewing the license. Where an on-site inspection is required prior to issuance or renewal of a license, the inspector should certify that the appropriate signs have been posted. In those cases where an on-site inspection is not needed, a signed statement by the applicant that he has complied with this subchapter shall constitute sufficient evidence of compliance as required in this subsection. Violation of this subchapter shall be grounds for license suspension or revocation.” 

“(c) The Mayor is authorized to promulgate any regulations needed to carry out the provisions of this subchapter.

“(d) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator or person otherwise in charge of a facility or vehicle where smoking is prohibited pursuant to this subchapter from violating, or continuing to violate, any provision of this subchapter. For the purposes of this subsection, an "aggrieved person" shall be defined as any person subjected to tobacco smoke due to failure to comply with this subchapter.”. 

(g) Section 7-1706 is amended to read as follows: 

“(a) Any person who violates any provision of this subchapter, other than §8 of D.C. Law 3-22, by: 

“(1) Smoking in a posted "No Smoking" area or defacing or removing a "No Smoking" sign, or failing to post warning signs as set forth in § 7-1704(a) shall, upon conviction, be punishable by a fine of not less than $100 nor more than $100 for a 1st offense; and not less than $200 nor more than $1,000 for each 2nd or subsequent offense; or 

“(2) Obscuring, removing, defacing, mutilating or destroying any sign posted in accordance with the provisions of this subchapter shall, upon conviction, be punishable by a fine of not more than $500; or 

“(3) Failing to post or cause to be posted or to maintain "No Smoking" signs and by failing to warn a smoker observed to be smoking in violation of this subchapter to stop smoking, as required by this subchapter, shall, upon conviction, be punishable by a fine of not more than $500. Each and every day that the violation continues shall constitute a separate offense, and the penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such penalties shall not be levied against any employee or officer of any branch, agency or instrumentality of the District of Columbia government. 

“(4) Failing to remove ash trays from public places or places of employment shall, upon conviction, be punishable by a fine of not more than $500. Each and every day that the violation continues shall constitute a separate offense, and the penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such penalties shall not be levied against any employee or officer of any branch, agency or instrumentality of the District of Columbia government. 

“(b) The Mayor is authorized to establish procedures for the issuance of a citation to any person who violates this subchapter requiring the person to post collateral in accordance with § 16-704 to assure the person's appearance in the Superior Court of the District of Columbia to answer the citation, and such collateral may be forfeited in lieu of an appearance as the Court may direct. 

“(c) Issuances of citations pursuant to subsection (b) of this section shall not constitute arrests nor shall forfeitures of collateral pursuant to said subsection constitute convictions. Records which may be maintained in connection with the implementation of this section shall not constitute records of arrest under § 5-113.02, relating to arrest records, or paragraph (4) of § 5-113.01. 

“(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to §2-1801.01 et seq. Adjudication of 7 any infraction of this subchapter shall be pursuant to §2-1801.01 et seq.”.  

(h) Section 7-1708 is repealed. 

(i) Add a new Section 7-1711 to read: 

“No person or employee shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this subchapter or reports or attempts to prosecute a violation of this subchapter.”.  

Sec. 3. Fiscal Impact Statement. 

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973. 

Sec. 4. Effective Date. 

This act shall take effect following the approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional Review as provided by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206-02(c)(1)), and publication in the District of Columbia Register.