Ban not limited to bars and restaurants

COLUMBUS -- While bars and restaurants are obvious targets for Nebraska’s smoke-free ban that begins Monday, the East Central Health Department (ECDHD) is finding the much broader ramifications of the new law are largely misunderstood.

“What we have found as we’ve visited with a very wide variety of businesses in our service area, is that most business owners think the smoking ban only affects the bars and restaurants,” said the health department’s Environmental Health Coordinator Roberta Miksch. “The Nebraska Clean Indoor Air Act of 2008 requires indoor workplaces in Nebraska to be smoke-free effective June 1.

“This means the law applies to all public places from beauty shops to industrial sites, photo shops and auto repair shops to bowling alleys,” she said.

Miksch said the law applies to all breakrooms, hallways, conference rooms and rest rooms.

“Even breakrooms that were once a place employees could smoke now must be smoke free in accordance with the law,” Miksch said.

Miksch said auto repair shops or manufacturing companies, which may typically keep large bay doors open, need to comply with the law of being smoke-free within the building. She said while the bay doors may be open from 8 a.m.-5 p.m., the law states this type of door would need to be open permanently in order for smoking to be allowed in this type of work area

The law does provide for smoking in up to 20 percent of guest rooms at hotels and a motel as long as the rooms are adjacent to one another and the remainder of the facility is smoke-free.

With summer fast approaching and many organizations gearing up for annual events, the question of whether beer gardens used for fundraisers would fall under the smoke-free ban could become a critical issue.

According to the law, beer gardens may be built after the law goes into effect but would have to provide for 20 percent or more of the total wall area to be permanently open to the outdoors.

Miksch provided the legal definition for “indoor area” in an e-mail correspondence. “ ... indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than 20 percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage.”

According to the Nebraska Department of Health and Human Services, the penalties for an individual who fails to comply with the state’s smoke-free ban is guilty of a Class V misdemeanor and subject to a maximum $100 fine for the first offense and Class IV misdemeanor subject to a minimum $100 up to a maximum $500 fine for the second and subsequent offenses. Charges can be dismissed upon successful completion of a smoking cessation program.

Proprietors or business owners who fail, neglect or refuse to perform a duty under the clean-air act are guilty of a Class V misdemeanor for the first offense and Class IV misdemeanor for the second and subsequent offenses.

Miksch said enforcement of the new law is going to be a challenge, but the health department will investigate complaints and visit those accused of non-compliance with the law.

“If the health department receives a complaint we’re going to visit with that person and provide any education they may need to come into compliance,” Miksch said. “Law enforcement will also follow up with complaints, but from what we’ve seen in other areas where this law is in effect the public seems to be enforcing it themselves through the power of peer pressure.”

Employees and the public can report suspected violations of the smoke-free law to the Nebraska Department of Health and Human Services by e-mail at smokefree@dhhs.ne.gov.

Complaints also may be reported to a local health department and individuals making a complaint have the option of remaining anonymous.

The Nebraska Department of Health and Human Services has created the Web site vww.smokefree.ne.gov as the “go-to Web site” for all information related to the law's implementation.